Loading...
HomeMy Public PortalAboutCC MINS 1974 Regular Meeting of January 7, 1974 A regular meeting of the City Council was held on January 7, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Miller presiding. /~ ROLL CALL PRESENT: Councilmen Beebe, Futch and Mayor Miller ABSENT: Councilmen Taylor and Pritchard PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present, in the Pledge of Allegiance. OPEN FORUM (re City Suit Against Hutka & Legal Notice) Ed Hutka, 1019 Angelica Way, read a legal notice which appeared in the Valley Times on December 21, 1973, in which the City published a notice stating that it was filing suit against Mr. Hutka and his wife. Mr. Hutka stated that such was done without benefit of a public hearing and without the Council hearing both sides of the argument with regard to storm drainage in the industrial area on First Street which is being developed by Mr. Hutka. He pointed out that neither he or his wife were a party to the contractural agree- ment with the City. Mr. Parness explained that installation of a storm drain system was one of the conditions for certain development and the obligations called for the owners of the property to meet these obligations jointly with the City and Mr. Hutka was one of the contractees or successors to the original contract. The City has met and discussed this matter on numerous occasions but Mr. Hutka and one other individual has re- fused to participate financially and the City feels they are obligated to do so. The City's only recourse was to file suit. Mayor Miller commented that it would appear that Mr. Hutka could have come to the Council at any time during the time the matter was discussed with the property owners and the staff and prior to the City's filing a suit. Councilman Futch commented that since Mr. Hutka did not approach the Council on the matter there was no choice on the part of the staff but to file suit. Councilman Beebe asked why Mr. Hutka had not spoken with the Council in an effort to resolve the matter and Mr. Hutka stated that it was assumed the staff would bring the matter up because they were the party to file isuit. Mayor Miller stated that the staff has been given the authority to proceed with whatever means are deemed necessary for getting the public works improvements that the contract calls for. Mr. Hutka stated that he feels the matter could be settled without having to go to court and the City Attorney stated that the parties involved have 30 days to negotiate and respond to the court after notice has been served. If the parties can come to an agreement there need be no court expenses. No action was taken at this time. CM-27- 275 January 7, 1974 CONSENT CALENDAR Re Quitclaim Deed for Tract 3333 (H. C. Elliott) The Director of Public Works reported that an error has been discovered in the deeds in connection with Tract 3333 (H. C. Elliott) and would recommend that the City Quitclaim the recorded easements and accept the new easement deeds for recording. Report re Police Dept. Budgetary Adjustment for Training The City Manager reported that the Chief of Police has requested that the Police Department be allowed a budgetary adjustment to provide basic training for new officers. Approximately $10,000 would be needed for the program but nearly all of this amount will be re- imbursed by the state and it is recommended that the Council adopt a motion authorizing the budget adjustment. Airport Committee Minutes of 12/3/73 Minutes for the Airport Committee's meeting of December 3, 1973, were received and noted for filing. Payroll and Claims Dated 12/31/73 There were 200 claims in the amount of $340,682.62 and 289 payroll warrants in the amount of $72,229.13 for a total of $412,911.75, dated December 31, 1973 and ordered paid by the City Manager. APPROVAL OF .,L) CONSENT CALENDAR ~~, On motion of Councilman Beebe, seconded by Councilman T~~'--~ and by unanimous vote, the Consent Calendar was approved. COMMUNICATION RE LONE STAR PROPERTY (Trap Rock, Inc.) A letter was received from Lone Star Properties, Inc. with regard to the New York Trap Rock parcel located adjacent to the City of Livermore, comprising approximately 550 acres, in which they state that since LAFCO has placed this property outside of Livermore's Sphere of Influence it would be inappropriate for Lone Star to set forth plans for the property at this time. The particular property lies south of our City, generally along the Arroyo Mocho. RE LETTER SENT TO LAFCO RE GELDERMAN's LAS POSITAS VALLEY DEVELOP. The Council received a copy of the letter sent to LAFCO from the Citizens Committee on General Plan Goals for proposed develop- ment by Ge1derman in which they request that LAFCO rescind their decision to exclude from the Livermore Planning Area, that area commonly referred to as Las positas Valley (North of Interstate 580 to the Alameda County line). CM-27-276 January 7, 1974 (re Letter to LAFCO) The Council expressed their approval and support of the letter which had been sent and stated that it had been very well written. On motion of Counilman Futch, seconded by Councilman Beebe and by unanimous vote the letter was approved. APPOINTMENT OF HIGH SCHOOL REPS TO BEAUTIFICATION COMM. The Beautification Committee reported that student representatives have participated on the Beautification Committee since the begin- ning of the school year but have never been officially appointed and requested that this be done in order that they may be allowed to vote. On motion of Councilman Beebe, seconded by Councilman Futch and by unanimous vote the following students were appointed to the Beauti- fication Committee: Kevin Smith, 5262 Irene Way, Granada High School Lynn Watson, 1389 Martha Street, Livermore High School RESIGNATIONS FROM COMMITTEES It was noted that resignations have been received from the following, and on motion of Councilman Beebe, seconded by Councilman Futch and by unanimous vote, the staff was directed to send letters thanking them for their service on these committees: Cindy English - Beautification Committee Leo Gutierrez - Housing Authority Harvey M. OWren - Housing Authority David P. Mandeville - Housing Authority REPORT RE REQUEST FOR CUP FOR EXPANSION OF ALDEN LANE NURSERY (Williams) Mr. Musso explained that a CUP has been submitted to allow for modification and expansion of the existing nursery located at 981 Alden Lane, owned by John and Ruth Williams, which has been referred to the Council by the County of Alameda. He then ex- plained the area in which the nursery is located which is surrounded by agricultural and residential use. He pointed out that the County normally does not require the public works improvements to be installed and the Planning Commission felt that such would not be used by pedestrians if they were installed and agreed that this is not necessary until such time as other development takes place in the area adjacent to the Williams property. The Planning Commission recommended that the CUP be allowed subject to the following conditions: 1. Public Works improvements be deferred, as specified. 2. Sewer connected prior to expansion of the use. 3. Street frontage landscaping. 4. No access allowed on Holmes Street. 5. provisions re size of signs. 6. provisions limiting use of expanded area. 7. Improvement of parking lot with sufficient drainage and dust control. CM-27-277 January 7, 1974 (Expansion of Nursery) Mayor Miller stated that in his op1n10n a more positive recommendation would be to deny the application unless the specified conditions are met, rather than to approve the application with the following con- ditions. Councilman Beebe felt that to force Mr. Williams into a sewer agree- ment may force him out of business and personally speaking would like to see that the agricultural area remain as long as possible. The Council then discussed the property to be developed, as illustra- ted on the map. Councilman Futch moved that the Council adopt the Planning Commission's recommendation, seconded by Mayor Miller. It was noted that the Planning Commission recommended that the sewer be connected prior to expansion, which Councilman Beebe stated he is opposed to, and moved to amend the motion to delete this portion. The amendment died for lack of a second. At this time the motion passed 2-1 (Councilman Beebe dissenting). P. C. MINUTES FOR MEETING OF 12/18/73 The minutes for the Planning Commission's meeting of December 18, 1973, were noted for filing, on motion of Councilman Futch, seconded by Councilman Beebe and by unanimous vote. REPORT RE FUEL CONSER- VATION TO CONSERVE ENERGY The City Manager reported that reports have been submitted to the Council from the three principal departments operating City equip- ment and that all cities in the County are going to work out a coordinated program of fuel monitoring and surplus allocations. During November the staff was informed that the City would not receive additional fuel deliveries for the rest of the month and although the notice was reversed and we continued to receive de1ivieries, the staff developed a fuel conservation plan which is now in effect. A more stringent plan has also been prepared which can be followed should deliveries be substantially curtailed. The report listed every City Department and means which will be used to reduce energy consumption. Councilman Futch wondered what is being done in the way of reducing wattage in street lights and other means of using less energy and Councilman Beebe responded by stating that this matter has been discussed by municipal PG&E groups in the state of California with the PUC staff and as a result of these meetings it has been pointed out that street lights account for only 1/7 of 1% of the total electrical energy used in California. Since lights add to the safety and welfare of the citizens the PUC does not want to make a change in the wattage of the street lights. He added that this viewpoint may change adding that just recently the PUC has ordered all utilities to reduce their output of energy by l5% rather than the previous 10% reduction. CM-27-278 January 7, 1974 (Energy Conservation) The Council then discussed other methods which could be used to help conserve energy such as possibly amending the Building Code to require additional insulation on all structures. The Council agreed that this point should be looked into in order that some type of recommendation could be made to the Board of Appeals .i 11 ,//. / ~ ~ ~,:rz L<- - . .~ ~I f/d:s;:: . Mr. Street explained(that the state legislature has a~ready passed a bill which requirei\~r-.~maR~ h;~.a~ and community development to promulgate regulations which require conservation of energy through insulation of all structures. At present these regulations are under, going public hearings and effective July 1, it will become law. The Council asked that Mr. Street report back to the Council regarding the status of the bill. RE REPORT SENT TO SACEOA BOARD A copy of the report written by the City Manager and sent to the SACEOA Board was submitted to the Council and since Councilman Futch has served as a representative the Mayor asked if he would first like to respond to the contents of the report. Councilman Futch stated that he feels the report was a little unfair to the SACEOA Board as he felt the City Manager was responding to statements made about SACEOA by the state. Councilman Futch indicated that the state had been asked to attend a meeting and discuss the problems and disagreements and that the representative from the state attended but said nothing. In his opinion, the state did not have the welfare of those who are assisted by SACEOA in mind at this time, and defended the Board and staff by saying that they had been operatinq_ under very difficult circumstances for several years in that they did not know where funds were to come fron for operation or even if the staff were going to be paid. Councilman Beebe stated that it had been his understanding that the state had discontinued the program because all the money was going to pay salaries to the people running the program and the money was not getting to the poor. Councilman Futch felt that the same salaries would be paid if run by different people; however the program could possibly have been managed a little better. He felt the Board had not been diplomatic in its response to the state and Washington and this is one of the valid criticisms; however, there are two sides of the story. The City Manager recommended in his report that the Council formally support the establishment of a new CAA agency for Southern Alameda County and indicate the active participation of our City in such an effort, and Councilman Futch moved that this recommendation be adopted, seconded by Councilman Beebe. The motion passed by a unanimous vote of the Council. REPORT RE PURCHASE OF LAND FOR PARK The City Manager reported that the owner of the land adjacent to Robert Livermore Park has offered to sell the property at the same amount per acre that the City originally paid for the land purchased for Robert Livermore Park. The LARPD encourages acquisition of the land priced at $7,500 per acre - approximately $67,000 for the 9 acres remaining. The staff has recommended that the Council adopt a motion authorizing the staff to proceed with the purchase. CM-27-279 January 7, 1974 (Park Site Purchase) The City Manager explained that at this time he is not convinced that the price is appropriate and would like to do some research and consult with some of the appraisal sources prior contacting the owner; however, if the Council would like the City Manager to proceed with acquisition he would be happy to do so. Mayor Miller stated that prior to authorizing the staff to proceed he would like to have some type of report indicating what is left in the park funds as well as the priority list for this year and the next 2-3 years in the future, with which the Council concurred. REPORT RE PLEASANTON SEWER INTERCONNECTION The City Manager reported that the City of Pleasanton has been investi- gating alternate prospects of sewer transmission and treatment methods and one of the alternatives is to interconnect all or a portion of the currenty Pleasanton sewer system with our City treatment facilities. The staff recommended that the Council indicate its favor of permitting an interconnection of sewage flow to our treatment plant, conditionally, as follows: l) All capital costs are afforded; 2) A maximum gallonage of treatment capacity be allotted; 3) The requisite connection fees be payable, based on the number of units or their equivalent to be served; 4) That an annual sewer service charge be assessable based upon current formula which takes into account the quantity and quality of sewage discharge; . 5) That a percentage of the added treatment capacity (mutually negotiated) to be made available at our plant be reserved for local commercial and/or industrial use. Mayor Miller pointed out that he sees no reason to rush into an agree- ment with P1easanton and Livermore should wait to see what kind of cooperation we get over the LAFCO issue. He also expressed concern for the possibility of Pleasanton financing commercial and industrial at our expense by using our sewer plant. The matter was discussed by the Council and the City Manager explained that they are suggesting interconnection after the plant has been ex- panded. Councilman Futch suggested that the matter be put over for discussion during the time a full Council is present and the Council concluded that the matter should be discussed again next week. REPORT RE GOLF COURSE SNACK BAR LEASE It was reported by the City Manager that the Council formerly auth- orized an amendment to the Crosswinds Restaurant lease so as to delegate the snack bar function to the golf pro. Subsequently new managerial persons have been retained by the Crosswinds Restaurant who are desirous of retaining the snack bar and pledged improved con- ditions and it is recommended that the Council adopt a motion rescind- ing the lease amendment. The City Manager added that under these new circumstances the golf pro has agreed that the resolution should be rescinded. Councilman Beebe moved that a resolution be adopted rescinding the former resolution authorizing a lease transfer, seconded by Council- man Futch and which passed by unanimous vote. CM-27-280 January 7, 1974 (Res. Rescinding Former Resolution) RESOLUTION NO. l-74 A RESOLUTION RESCINDING RESOLUTION NO. 153-73 RE RELINQUISHMENT OF PORTION OF LAS POSITAS CLUBHOUSE. COUNCILMAN PRITCHARD WAS SEATED AT THIS TIME. REPORT RE VETERANS I DAY PARADE The Mayor reported on the discussion which took place during the Alameda County Mayors' Conference with regard to participation in the Veterans' Day Parade at which time it was noted that the Veterans Day Commission is faced with the problem of the location of the parade and financing which amounts to $7,600 each year. It was recommended by the City Managers that the total cost be shared by the County and cities and that the Veterans Commission explore alternative programs other than parades for the observance of Veterans Day utilizing large public facilities such as the Coliseum and County Fairgrounds. Mayor Miller explained that the City has never been involved in the parade and would recommend that this past practice be observed. The City Manager explained that our City's participation would amount to approximately $400 and Councilman Beebe stated that he would be reluctant to approve an expenditure for something he is not sure our citizens would attend, and moved that the City not participate this year, seconded by Councilman Pritchard and which passed by unanimous vote. DISCUSSION RE PROPOSED CAMPAIGN CONTRIBUTION DISCLOSURE ORDINANCE The City Attorney explained that the copy of the amendments to the Campaign Disclosure Ordinance would be in conformance with the state law effective January l, 1974 which the Council then discussed. It was noted that state law will allow this to be handled as an urgency ordinance which could be adopted and become immediately effective upon second reading the week after the first reading. Councilman Futch stated that one portion he feels would be diffi- cult to enforce or to ascertain would be the value of a person's service on a campaign and he is against this item. Another item of question is the requirement that if an elected candidate violated these conditions he not be allowed to take office, and the Mayor explained that this requirement was not removedA it wi~l ,st~ll apply. ~~e~~~~. Councilman Futch moved that the Council accept the ordinance which has been prepared by the staff with the following exceptions: 1) Deletion of the last sentence on Page 3 - "Failure to file...etc...~ 2) Type-o correction on Page 2, (e) "...of payment of money...". Also added are the following, from the memo prepared by Mayor Miller: l) Items 1, 2 and 5 from the Mayor's memorandum relating, respec- tively, to requirement of campaign statement for ballot measures, requirement of designation of occupation and employer of donors, and the payment of anonymous contributions exceeding $5 but under $lOO, accumulatively, to the City's General Fund. CM-27-28l January 7, 1974 (Campaign Disclosure Ordinance Discussion) 2) Item 6 from the same memorandum changing, however, the $.lO and $.12 limitations to $.l3 and $.15, respectively. 3) Item 7 to be changed to read: The failure to report expen- ditures by any person or committee of any money or materials of any kind on behalf of a candidate shall be a misdemeanor punishable by payment of triple the expenditures to the General Fund of the City and by up to six months in jail. 4) Item 8 to adopt the penalty section of CV l63l, deleting the remainder of the proposed section. 5) Delete Items 9 and lO. Councilman Futch had no further changes to recommend and felt the key provision of the Mayor's proposal was the limitation of the total expenditure of funds which, at the City's present size, would approximate $2,500 to $3,000. During the discussion following the motion, councilman~ inquired whether the proposed disclosure ordinance was more or less restrictive than the state law. The City Attorney responded that the City may not adopt less restrictive measures, but it does have the power to enact more restrictive provisions, which the ordinance under discussion would accomplish. The City Attorney further pointed out that the San Leandro and Chula Vista campaign disclosure ordinances, used in the drafting of our proposed ordinance, have not been applied, challenged, upheld, or overturned. The Mayor summarized, stating that the whole concept was that a candi- date should disclose one's source of campaign contributions and to whom that money is expended, and that there is no reason why that can't be reported in infinite detail. The reason why the state law is less restrictive is that millions of dollars are spent in statewide elections and the ground rules for reporting are naturally on a higher level than they need be on a local level where the amounts of money are substantially less. Requiring that every penny be disclosed is not so unreasonable on a City basis. The Mayor continued saying that it is just as easy to record a $2 contribution as a $5 one and that is the job of the campaign treasurer. One of his major reasons for selecting the $2 figure was to cover the block sale of tickets to fund-raising events. During the discussion of reporting proceeds from fund-raising events, the City Attorney suggested that subsection (f) (2) relating to this subject, be amended to read as follows: The purchase of two or more tickets having a cumulative cost of $5 or more dollars for any . . . Mayor Miller suggested that the sale of blocks of tickets of two or more be subject to disclosure. Councilman Futch wanted to be sure to include the purchase of two tickets for $2 each on one day and the purchase of another two tickets the next, and so forth, be covered also. The Mayor felt, on the other hand, that someone could conceivably purchase a ticket a day during the entire campaign; that if someone were so determined, he could find a way to circumvent the law and this is the reason he favors total disclosure. Councilman ~epe~~~~Ejected that he felt the Councilmen were trying to~~~y difficult for a representative of the citizens to come up from the masses and defeat them for a Council seat. In summary, Councilman Beebe felt it adequate to report $5 contributions and unnecessary to go any lower. The Mayor insisted that since another City requires every cent to be reported, his advocacy of a $2 disclosure is not unreasonable. The Mayor then moved that the proposed ordinance be amended in that wherever it had been changed from $2 to $5, it now be changed back to $2. Councilman Futch protested that CM-27-282 January 7, 1974 (Campaign Disclosure Ordinance Discussion) a $2 disclosure would include a citizen's contribution in the form of materials utilized in the hosting of candidate's coffees, since the items would cost more than $2, and with such disclosure requirements citizens would be nervous about supporting anybody. /- The Mayor responded that the Chula Vista Ordinance stated that it would not be necessary to establish a monetary value for truly volunteer activ- ities in supplying insignificant goods, materials and services, and facilities of a de minimus nature, that is coffee and cake, use of a home for a coffee, etc. The Mayor felt nobody would question the coffee and cake expenditures, but what he is after are purchases, contributions in cash, and other things that are done to evade the reporting requirement, and that is why the $2 minimum base. At the request of Councilman Futch, the City Attorney suggested that perhaps the Chula Vista ordinance covers the coffees held at private homes; that if someone opens his home as a host to a group in order to hear a candidate and ordinary non-alcoholic bever- ages are served, this would not be a contribution of materials to a campaign. In response to a call for the question, the Mayor's motion to amend the ordinance to require disclosures of $2 contributions failed for lack of a majority vote - Councilman Pritchard and Mayor Miller voting in the affirmative and Councilmen and Beebe and Futch dissenting. Returning to the issue of the sale of blocks of tickets, the Mayor inquir- ed whether the Council would favor inclusion in the ordinance of requiring disclosure of the purchase of blocks of two or more tickets at $2 or more apiece. The Mayor then moved that the purchase of tickets be disclosed as follows: "The purchase of tickets costing $5 or more for any fund raising events both individually and in blocks of two or more is subject to the provisions of (f) (1). The purchase of tickets costing $2 or more cumulatively in blocks of two or more be subject to these provisions." After further discussion it was decided to request the City Attorney to develop an airtight provision which would prevent substantial contributions through the purchase of tickets, using $5 as the base figure. The motion and second previously made were withdrawn at this point. Referring to Section 2.50, the Mayor requested the insertion of the word "cumulative" at the beginning of the second paragraph, to then read "Cumulative preliminary campaign statements shall be filed . . ." which change was acceptable to the Council. (The Mayor so moved, the motion was later seconded and carried.) Relating to Councilman Futch's objections to the penalty prOV1S10ns of the disclosure ordinance, Mayor Miller felt it important that deliberate cheaters not be allowed to take seats on the Council because it represents moral dishonesty. He felt the requirements were not that difficult and that candidates are given sufficient notice of the requirements. Further, that disclosure after the election defeats the purpose of the disclosure and that it does no good to discover after the election that a candidate's entire campaign was financed by a single contribution. Councilman Futch was concerned that a candidate could accidentally omit an item, and if he were not allowed to then take office, Councilman Futch felt the courts would throw out the ordinance provisions. He would not be willing to adopt the penalty provisions without a detailed study by the City Attorney. Mayor Miller felt that such a strong provision, clearly stated, would serve to insure that every candidate would see that the statements were properly made. Councilman Futch refused to be pursuaded and reiterated that he felt such provisions were unnecessary in the forthcoming election. That he would not rush through such a provision tonight and would consider it again only after a detailed report by the City Attorney. The Mayor then CM-27-283 January 7, 1974 (Campaign Disclosure Ordinance Discussion) suggested that if Councilman Futch disagreed with disqualifying a candidate for office for not reporting seven days prior to the election, perhaps he would go along with such disqualification as regards a candidate who fails to file a statement on the day before he takes office. Since Councilman Futch was reluctant to allow this second provision to be included, Mayor Miller suggested that he think about it over the weekend. The City Attorney then spoke regarding the legal defects in the language and suggested that the Council adopt those parts of the proposed ordinance which are clearly acceptable so that the ordinance is in effect for the forthcoming election and that the other ideas be refined and developed so that they could withstand a legal challenge and be adopted to be in effect for the following election. Because of the changes covered by the Mayor's memorandum, which are substantial in nature, the Ordinance will be redrafted and have its first reading, as an urgency measure, next week. The motion, made by Councilman Futch, seconded by Mayor Miller, passed 3-1 with Councilman Beebe dissenting. MATTERS INITIATED BY STAFF (Re Possession of Western Pacific Right-of-Way) The City Attorney explained that the City's eminent domain action for seeking immediate possession of the Western Pacific right-of-way will be filed no later than Friday, January llth, and expects a court order to be issued within this same period of time. The City needs only to appear and make a request of the court as under the California Constitution, the City has the right to take property and the only portion to be litigated is the question of just compensa- tion. He added that outside assistance has been obtained and he wanted the Council to be apprised of the situation. MATTERS INITIATED BY COUNCIL --.J Il_~n-.'pj 4 (Re Grading Ordina ~ )~~~7k-~/~' Councilman Futch commented that at the last coun;iI mee;ing he ha~~7i made a motion to continue the matter of the Grading OrdinanceJand ,- Mr. Parness explained that it appeared that the agenda was going to be very voluminous in addition to the fact that it was known that Councilman Taylor would not be present so he therefore took the liberty to exclude it from the agenda. Councilman Futch stated that in view of the fact the item was to be discussed at this meeting he would like to move that the matter be referred to the Planning commiSSi::~~ considcratiOft, seconded by Councilman Pritchard and which passe by a unanimous vote. ~ U'_'''I!,L~L~' ( 1198 d '4-~<9.4.~/'..,<~ ~ re SB - Fun s . . . - - (/- on Environmental Protection)- Mayor Miller stated that SB 1198 would allow for the state to provide funds on environmental protection which the League recommends support- ing and would agree that the Council should endorse the bill. Councilman Beebe pointed out that a problem exists in that the legis- lature passed approximately 500 bills the last day of the session which will cost the state $50 million every year which must come from income tax or a raise in the sales tax. This environmental bill would be another $100 million the people will have to pay for. CM-27-284 January 7, 1974 (Re SB 1198) On motion of Councilman Pritchard, seconded by Councilman Futch and by a 3-1 vote (Beebe dissenting) the Council endorsed SB 1198. (re AB 2610 - Change in Market Value in Zoning Changes) Mayor Miller stated that AB 2610 is particularly infuriating because it states that if the fair market value of property is decreased due to a change in the zoning classification, the local agencies must pay for the difference but if the value is increased nothing is said about it. He stated that the Council has opposed this in the past and would suggest that it be strongly opposed again. Mayor Miller moved that the Council oppose AB 2610, seconded by Councilman Beebe and which passed by a unanimous vote of the Council. (re LAFCO Replacement for Al Kant) Mayor Miller stated that a replacement on the LAFCO Committee for Al Kant must be made and noted that the nominating committee has a few names to choose from and will be voted upon at the Mayors' Conference on Wednesday, January 9th. ADJOURNMENT- There being no further business to come before the Council, Mayor Miller adjourned the meeting at lO:05 p.m. APPROVE ~~~ S-) _ ~~ Mayor 7 , .---. i ATTEST C_ \ I C Regular Meeting of January l4, 1974 A regular meeting of the City Council was held on January l4, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Miller presiding. ROLL CALL PRESENT: Councilmen Beebe, Futch, Pritchard and Mayor Miller ABSENT: Councilman Taylor (Seated Later) PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. CM-27-285 January 14, 1974 MINUTES OF 1/7/74 On motion of Councilman Futch, seconded by Councilman Beebe and by 4-1 vote (Councilman Taylor abstaining due to absence at that meeting) the minutes for the meeting of January 7, 1974, were approved, as amended. COUNCILMAN TAYLOR WAS SEATED DURING CORRECTION OF THE MINUTES. OPEN FORUM (Re Runway Flight Patterns) David Leibdorf, resident of Livermore and with the Alameda Naval Air Station Fire Department, stated that approximately two months ago he addressed the Councilmen on the flight patterns being used at the runway in Livermore as well as the altitude of aircraft in relation- ship to homes, schools, playgrounds and other congested areas of Livermore. He then read an article written to the editor of the Valley Times which pointed out that the aircraft flying over our community cause unsafe conditions for us, as engine malfunctions are generally unscheduled and asked that the citizens look to the sky and observe the flight patterns being used. He then read a letter sent to him by the Chief of the Livermore Tower which stated that Federal Aviation Regulations prohibit landing and take-off, except when necessary, at an altitude of less than l,OOO feet over any congested area, etc. He then illustrated the flight pattern presently being used by using the blackboard in the chambers and illustrated a proposal for a change in the flight pattern. Councilman Taylor wondered if the proposal has been presented to the Airport Advisory Committee and Mr. Leibdorf explained that he wanted to bring the matter to the attention of the Council for passage to the Airport Advisory Committee and as to the problems that the citizens of Livermore are experiencing, and requested that the Council do something while we have the opportunity. Councilman Taylor explained that he felt the Council should not get into the technical details of one approach vs. another approach, but would move that the Council refer the proposal to the staff, the Airport Advisory Committee and the FAA for recommendation, seconded by Councilman Pritchard. Councilman Beebe stated that he feels it behooves the City to cooperate with the staff and the Airport Advisory Committee and the FAA as there is no good reason to come in over a heavily populated area of the City if there is another route which can be established. He agreed that there may be a number of factors to consider but if there is any way the planes can be diverted away from the populated area he would be for it. Mr. Leibdorf .stated that he wished there could be some motion from the Council, as there are some objections to changing the flight pattern; however, it can be changed to initiate better safety for the citizens of Livermore. Mayor Miller expressed appreciation for Mr. Leibdorf's concern and is the reason a study will be made of the situation. CM-27-286 January 14, 1974 Bob Lockhart, 1001 Riesling Drive, P1easanton, stated that he feels the allegations of unsafe flying by pilots is unwarranted and explained that normally, pilots do not fly over schools or May Nissen Park ex- cept when it extends due to heavy activity in the pattern and when one is flying straight in. He emphasized that this is a matter which should be decided upon by the Airport Advisory Committee and by experts who understand the situation and problems involved. He felt that there were a couple of points which should be made and one is that the gliders can glide in this pattern of 1,000 feet and also that violations are not taken lightly by the tower or anyone else. If a pilot is re- ported for some violation and it is verified the matter is pursued and the penalties are not trivial. He feels the relationship between the airport people and the pilots has been very good and would like to see this continue. He feels the accusations are unfair, unjust, and totaly out of reality. Steve Patenaude, 1043 Batavia, presented safety figures and summed them up by stating that they indicate there is a possibility of one fire related accident occurring in every thirty years. He pointed out that the pilot is looking out for his own neck and about 80% of the area is composed of fields in which he can land which one would do rather than land on a house. He added that most airports operate at 800 feet and that because of complaints this airport operates at 1,000 feet. If planes are flying in lower than 1,000 feet it is because they are not aware of the l,OOO foot operation. Mr. Lee mentioned, briefly, that the Tower management has had a very active program of monitoring the height of aircraft and maintaining aircraft at the 1,000 foot elevation, and there have been very few infractions. At this time the Council voted unanimously on the motion to refer the matter to the Airport Advisory Committee and the F. A. A. (Citizens Advisory Committee Report re BART Extension) Gib Marguth, ll52 Farmington Way, Chairman of the Citizens Advisory Committee for the Livermore-Pleasanton BART Extension Board, presented a report to the Council which asks the Council to respond to proposals regarding things which might be accomplished in the Valley to conserve energy and get a transportation system. One of the ideas which has been suggested has been the utilization of the school bus for local transportation, and he asked that the Council review this report. He pointed out that the citizens cannot really do anything to effect a transportation system and that such must come from the Council. A consultant will be presenting the proposal for the route selection and station location of BART to the Citizens Advisory Committee on Thursday, January 17th, at 7:30 p.m. at the Livermore Airport Administra- tion Building and he invited the Council to attend this meeting. Mayor Miller explained that there are many things in the mill at present such as the formation of a Transportation Committee, the updating of the DeLeuw, Cather report on Transportation Study and the majority of the Council is in favor of widening the corridor for bus lanes or a BART line, and the Council is interested in public transportation. CM-27-287 January 14, 1974 PUBLIC HEARING RE REZONING OF WM. JUDSON PROPERTY (I-580 & First St.) Mr. Musso explained that the matter of an application for rezoning of property located at I-580 and First Street from OS-A to ID-H District is a resubmittal of the application. The matter was filed with the Planning Commission and came to the Council with a recommendation to approve the rezoning which the Council denied. The resubmittal is for commercial (acting as industrial) zoning of the site. The Planning Commission again has recommended approval but this time to CS District (Commercial Services), to a portion of the site which Mr. Musso explained, and not to apply to the entire site. He pointed out that one area of concern had been access to the site and the Planning Commission recommends that adequate access be provided, suitable landscaping, and adequate assurance that the re- maining 8.7 acres will be permanent open space. He pointed out that Alameda County shows this area to be one of the areas for commercial on their interchange freeway plan. The rezoning is not in confor- mance with the General Plan and the Planning Commission is in the process of reviewing the General Plan in this area and it has been taken into account in all their previous discussions. Councilman Futch wondered if the City can condition zoning with the agreement of the property owner and it was noted that the property owner would have to agree. Councilman Futch felt that it might be more appropriate to zone the area E District but Mr. Musso explained that E District would not allow the uses desired by the applicant, and Councilman Futch explained that he was referring to the open space. His point is that he is not sure the City can condition zoning. Mr. Musso stated that he feels access is a legitimate condition and that the property should not be rezoned unless adequate access is provided. Mayor Miller stated that on the assumption the Council could approve this, the Council could approve it subject to working out some mecha- nism which will provide open space on the remaining 8.7 acres and the Council does not have to approve the zoning until there is some feasible way to guarantee open space. At this time the Mayor opened the public hearing. David Madis, attorney representing the applicant, William Judson, stated that the Planning Commission has once again recommended that the area be rezoned commercial, the interchange plan shows that this is one of the areas which should be commercial and it is obviously not suitable for residential use due to the amount of traffic in the area. It appears that there is a desire on the part of the Planning Commission to limit the commercial use to a portion of the property rather than all of the property and the applicant has indicated that he would be willing to work out the access to the satisfaction of the City and would like to see that 6 acres are allowed to be developed as commercial and the balance of the property would be dedicated to the City or do whatever it takes to keep the remainder as an open space area. He felt there was nothing illegal about conditioning an agreement mutually agreed upon. He pointed out that a problem might arise in a case in which the City, obviously against the will of the party involved, imposes conditions and require- ments; the courts have said that if a person agrees it is still con- sidered duress in such a case. Mr. Madis felt that the zoning and recommendation of the Planning Commission should be carried through but it would be preferable to have 6 acres of the property rezoned and the balance left in permanent open space and access provided as requested by the City. He added that the Judson family is agreeable CM-27-288 January l4, 1974 (re Judson Property) to allowing any type of agreement the City would like such as an easement, a grant to the development rights or a contract. Councilman Taylor asked if the applicant agrees to the Planning Commission's recommendations and Mr. Madis stated that the applicant does agree. The Planning Commission has not recommended that 6 acres be rezoned but allows that density for the remainder of the property may be used someplace else within the whole planning unit; however the applicant would prefer that more commercial be allowed. The Council then discussed the amount of land which might be involved in the rezoning, as Mr. Madis had commented that the applicant is not sure how much land has been recommended for rezoning as a line was drawn on the map but the Planning Commission had discussed approving 4 acres for commercial which would allow development of a motel-restaurant complex and no more. Mayor Miller stated that prior to a vote by the Council he would think it best to find out just exactly how much property is involved and would suggest a survey. Bob Zackney, 315 Hillcrest, San Carlos, stated that he owns property south of the channel and pointed out that there is no usable property between the union Station and the channel because the flood control people have control of the property. Also, Dr. Judson does not own any property south of the center of the drainage ditch - part of the drainage ditch is on his property and he gave up the rights of this for the Arroyo Seco drainage canal. Councilman Pritchard stated that the recommendation of the committee is that the access be immediately south of the Union Station on property that does not belong to the applicant which seems unclear to him. He pointed out that he measured the amount of property from the fence of the Union Station to the arroyo bank and there is only 30 feet there; it appears that there may not even be a possi- bility of access in this area. He would have to wonder if the Planning Commission went out to look at the property prior to making the recom- mendation. Mr. Musso explained that the access area being discussed is not south of the station as it was known that there is little land between the station and the arroyo, but rather to provide access through the sta- tion; perhaps even by purchasing the station. Mr. Madis wondered if it would be possible to have some type of condemned public right-of-way, pointing out that if the area is ever approved for cluster development there will have to be some type of access, and it was noted that Las Positas is an existing street and a thoroughfare now. The Council then discussed the access area in addition to the location of the bridge, and the possibilities of providing access. Mr. Musso explained that the Planning Commission felt that suitable access would be between the creek and the gasoline station building over the gas station site but felt that they would have ruled out other alternatives. There being no further testimony, on motion of Councilman Beebe, seconded by Councilman pritchard and by unanimous vote, the public hearing was closed. Mayor Miller felt that the questions raised about access has rein- forced his opinion that the parcel is unsuitable for development at this time and that the best use of the parcel with development rights would be for residential development. CM-27-289 January 14, 1974 (re Judson property) Mayor Miller continued to state his concern for allowing commercial development at every freeway interchange used for entrance to the City and it is not clear to him that there is a need for another motel and restaurant in our area. For these reasons he would oppose the recommended rezoning. Councilman Beebe stated that he feels commercial development is the only type of development reasonable in this area and cannot understand the desire the place residential development so close to the freeway. There are service stations on the other side of the interchange and he feels that a motel-restaurant complex would be quite compatible with those and an attraction to the community, and that the owners could work out a good access. Mayor Miller stated that he might feel differently when and after the access has been worked out, but would hope that First Street will not be turned into commercial. Councilman Pritchard commented that he has no real objection to having commercial at an interchange but in this instance he can think of no location which would be a "poorer" choice than this one, simply because of the access problem. Once the access problem is solved he might look favorably on the situation as far as a re- zoning. Councilman Taylor asked if the Planning Commission had discussed the traffic problems which might result with access through the station property and Mr. Musso explained that they did discuss the traffic problem but felt that the second access through the Union Station property would probably alleviate the traffic prob- lems. However, there was no discussion regarding the bridge. Councilman Futch stated that he has also viewed the property and shares the concern raised by Councilman Pritchard. There simply is not a sufficient amount of land to provide access between the service station and the arroyo. In his opinion the only feasible way would be a separate bridge and he would wonder if this would be an economical solution. He stated that he would have no objection to the plan if it were feasible and also would like to see the proposed access spelled out prior to approving a rezoning. Councilman Pritchard indicated that if you have ever been at the service station across the street and tried to go west on First street, you could understand the difficulty - one cannot see traffic coming at you from Livermore. Councilman Taylor stated that there was some mention of a bridge across the arroyo and is assuming that the street south of the arroyo would be used in this case, as an alternative, which was noted as correct. Mr. Madis stated that he would like to hear from the City Engineer with regard to access and traffic control and would like the matter to be continued until such time as a report from the City Engineer and Zone 7 can be obtained, and on behalf of the applicant requested that the matter be continued. Councilman Futch agreed that the Council does not have sufficient information to make a decision on the rezoning and that the sug- gestion to continue is reasonable and so moved, seconded by Councilman Beebe, It was noted that the Council would like to have a report from the City Engineer with regard to the traffic problem. CM-27-290 January 14, 1974 (re Judson Property) Councilman Pritchard stated that he would like to amend the motion to reopen the public hearing and continue for two weeks which Council- man Futch accepted as a part of his motion. The Council discussed the date for continuing the public hearing and agreed on February 4, and voted on the motion which passed by a unanimous vote. CONSENT CALENDAR Report re Sludge Production - Rec. Plant A report regarding the sludge production which was requested by the Council was submitted by the Public Works Director and Water Reclama- tion Plant Superintendent but the Council requested that the matter be removed from the Consent Calendar and placed on the agenda for discussion at a future meeting. Mayor Miller stated that at the same time the matter is discussed he would like to have some running averages for a 12 month period since 1968 with some type of calculation that corresponds with the population count per capita. Report re Advance Assess. Data Notice The City Manager reported that a new state law mandates that the County Assessor provide an estimated local assessed value by May 15, and a formal request must be made for such a report. It is therefore recommended that the Council adopt a resolution requesting such a report. RESOLUTION NO. 2-74 A RESOLUTION REQUESTING ESTIMATION OF LOCAL ASSESSED VALUE Report re Jaycees Re- quest Use of Airport for Annual Air Show The Airport Advisory Committee reported that at its meeting of January 7th they considered the Jaycees' request to use the Livermore Airport for their annual air show and they have agreed to provide sufficient insurance coverage. The committee has recommended that approval be granted subject to the usual conditions with regard to insurance, grounds maintenance and policing. Beautification Minutes The minutes for the Beautification Committee's meeting of December 5, 1973, were noted for filing. APPROVAL OF CONSENT CALENDAR On motion of Councilman Beebe, seconded by Councilman Taylor and by unanimous vote, the Consent Calendar was approved with the deletion of the sludge production report. CM-27-291 January 14, 1974 CONTINUED ITEM - CUP APP. - EVANS PRODUCTS The matter of the CUP application submitted by Evans Products for construction of a building between I-580 and portola Avenue was continued from the meeting of December 17th and Mr. Musso described the location of the property on which the building will be located, if approved, as recommended by the Planning Commission by a 4-1 vote. The building is proposed for retail use and is located in an ID Dis- trict which requires approval of a CUP. He noted that other uses in the area are Abbes volkswagen, mobi1ehome park, RVC facility, and gasoline stations, and that a warehouse facility has also been approved adjacent to this site. Councilman Futch noted that if this use is approved it could not become effective until the General Plan has been changed, and Mr. Musso explained that this would simply be allowing a use in the present zoning - no rezoning would occur. Councilman Taylor moved to adopt the Planning Commission's recom- mendation to approve a CUP subject to conditions specified by them, seconded by Councilman Pritchard. The Council then discussed conditions they would like such as screening of the site or screening of the air conditioning and ducting, and Mr. Musso explained that this had been brought up at the Planning Commission and it was concluded that screening could not be done due to the height involved. Councilman Futch suggested that there be a roof on the building and that screening could be provided along the sides and up to the roof, and moved to amend the motion to include this as a condition, seconded by Councilman Beebe. Councilman Futch explained that his motion was to provide, as a condition, that adequate screening of the open part of the build- ing be provided so that it is not visible from the freeway. At this time the Council voted on the amendment which passed by a unanimous vote. Mayor Miller stated that he views the action of the Council very depressing because for years there have been efforts made to keep the area from becoming a garbage area with commercial development. The area, according to previous Council policy, was to have been for automobiles - new car agencies, and any commercial development was allowed with reluctance and only if the use was to be a uniform automobile sales area. It has not been the intention of the Council to turn this area into a commercial area with more strip commercial at every entrance to the City. It would not seem to be reasonable to continue allowing one parcel of commercial after another and would strongly oppose any retail sales use other than automobile commercial and urged that the Council reconsider. Councilman Futch asked why Mayor Miller felt automobile retail would look better and the Mayor explained that he does not feel it looks better but that was what was agreed upon and that the area was to be a uniform use. He pointed out that allowing another use will simply be setting a precedent towards allowing a commercial strip. Councilman Beebe asked what the Mayor thinks the proper use would be and the Mayor stated that according to Council policy, automobile retail use. Councilman Pritchard stated that he would certainly hope the use, if allowed, would look much better than the present automobile retail does from the back. CM-27-292 January l4, 1974 (Evans Products CUP) Councilman Taylor stated that he feels the use would be more attrac- tive than another car lot and that another car agency will not likely locate there anyway. He added that there is not another use he would feel to be more appropriate that the use requested and would be in favor of approving the CUP. At this time the Council voted on the motion which passed 4-1 with Mayor Miller dissenting. David Madis, attorney representing the applicant, stated that he resents this fine proposed structure being called "garbage" and would like to think that this is a needed service and that this can become a successful commercial enterprise. Such business must be encouraged to come here and not given to neighboring community competitors. Mayor Miller stated that the whole business community welcomes busi- ness but feels there are appropriate locations for these businesses. CONTINUED DISCUSSION RE PLANNING UNITS 8, 9, & 12 The discussion regarding Planning Units 8, 9, and 12, was continued from the meetings of December 3 and 17th and Councilman Taylor asked if there had been any communication with the property owners related to density transfers and what the owners' options are, legally, and Mr. Musso explained that he had sent a letter to the owners giving the staff's interpretation regarding density transfer. Councilman Taylor explained that he was concerned about this because there has obviously been a great deal of misunderstanding over the density transfer issue and apparently this still has not been taken care of. Mayor Miller stated that it is possible the Council had not been very clear in its direction but it was his understanding that the City would prepare something in writing, restating the concepts. However, he felt the material sent out by the Urban Land Institute was very clear and though it did not pertain to what the Council had in mind it did provide the fact that it was the type of thing which was not as radical as what people had claimed it to be. He suggested that the staff provide the various types of options available to the property owners by sho ing a couple of parcels, not necessarily in the Planning Unit, and describing these options. 14./"1:- ~,(!d:;"~' Councilman Taylor stated that he is interested in the property owners knowing what is reality and what has been discussed as possibility, such as a City corporation buying density - this is not a reality. Councilman Futch agreed that it would be very difficult for the Planning Director to write something like this, because all of the details have not been worked out. Councilman Futch felt that a basic feature for Planning Unit #l2, as proposed by the Planning Commission, is the requirement for some property owners to purchase land or sell land to other property owners before they can develop. He felt that this feature cannot be eliminated without destroying the plan that the Planning Commission has proposed; however, it is possible for the City to help with solving the problem and the further away we can get from requiring property owner A to buy from property owner B the less likely we will be to running into legal problems if it is ever contested. He stated that with that in mind he would like to site an example such as what if there is only one property owner left who has density rights to sell and a price cannot be agreed upon - what can be done. The proposal made attempts to answer that question even though a lot of details may have to be worked out, and felt that it should be sent back to the Planning Commission to be ironed out. CH-27-293 January 14, 1974 (re Planning Unit #12) kdV~' Councilman Futch then esponded to the remark about the City's right to acquire deve opment rights and to sell development rights by stating that the esearch he has done indicates that the City does have the right not only in fee simple but just the develop- ment rights and to sell the development rights. A question a little less certain would be the City's right to require pn~ owner to ~//fl purchase) from another owner...Jliz, ~1l-- i I ~o- ~tJ;L- ~itt:..' ~ &V~ ~w.lAL~~ rt5U-~12v l(1~ Mr. Musso explained that it is not required that ne property owner . buy from another and this appears to be one misunderstanding. The City does not say how many dwelling units are in an area - it is ~ simply a matter of whether it will be cluster or single family and ~ the owner can develop. The problem is with someone with open space ~ and in order to develop his land he must sell it to a developer and k' in order to develop his land under conventional zoning he will have to sell it to a developer. Councilman Taylor stated that what Mr. Musso is saying, then, is that the land owner shouldn't worry about it - it is the developer's problem, which Mr. Musso stated is true. One developer said, show me where it is and I will buy it and the problem was that a building permit could not be issued - it was not the problem with the mechani of the system but the fact that permits could not be issued. l Councilman Futch stated that he could see the plan defeated if this is not a requirement and gave an example to illustrate his reason- :~::~~::~. _~:~~~~ ~I.:. l:~; ~~r~ I.;: ;~~~;--~;"i~' '~i~ouad t by t:he zoning. oe t' ~ , This comment was followed by general discussion of the example by ~ the Council with Councilman Taylor saying suppose they develop this ~ and sell some to one person and the rest to somebody else. The fact that the plan drawn happens to fit the property ownership helps but is a little irrelevant. , Councilman Futch stated that he agrees, but happened to choose a poor example - if it is starting out and the high density portion is developed at regular subdivision density 3-4 to the acre then the rest of the plan would be thrown off because the other property owners will not be able to sell their open space. There will be too much development rights remaining and they will not be able to sell it in this specific plan, so this defeats the specific plan. ~ He explained his point further by saying that if the high density portion is built at normal subdivision density without acquiring the development rights from the people who own the open space, then the plan will have been defeated; therefore, he feels this should be re- quired. Mr. Musso stated that one thing which might happen is that we might end up will less housing being built in that area than anticipated because the density development rights would then have to be sold to someone out of the planning unit, and explained this point by illustrating parcels and density transfers at the blackboard. Councilman Beebe felt that the thing which has people perplexed is the presumption that certain parcels of land are where a building is to be built. People look at their property and think that nothing is planned for their place and do not understand that they will still have the density, can sell the density and transfer the density elsewhere. He suggested that Planning Unit #12 not have a specified plan but be open to transfer of density which will eliminate a presumed development which nobody wants, and would hope that the Council would go along with this suggestion. CM-27-294 January 14, 1974 (re Planning unit #l2) ~tr. Musso explained that Planning Unit #12 has been open to developers since 1962. When the staff prepared the original, it was not a manda- tory density transfer but to be used as a guide and adjusted if neces- sary in order to work out the plan. The Planning Commission felt that the only way it would work would be if it were made mandatory. The closest thing we have had to it is Springtown where we have the golf course and the Gillice density transfer in another area. Councilman Beebe wondered if this is too ambitious a parcel to do in this method. People appear to be frightened of it. Mr. Musso mentioned that Springtown, Greenville, Wagoner Farms and two or three other developments have all been done under density transfer, and noted that the only one with real open space was the density transfer for the Gillice apartments. Councilman Futch stated that he feels there are a number of details which should be worked out and suggested that it be sent back to the Planning Commission for working out the details and mechanics of it. He felt the concept of density transfer is rapidly gaining recognition and as seen in the Urban Land Institute bulletin there are a number of cases cited in which density transfer is required. One instance is in New York City where an ordinance has been adopted requiring air rights to be transfered from one district to another, which is a form of development rights. Another has passed legislation designating planning districts where development would be permitted in which property owners would receive development rights in proportion to the amount of land owned. There are cases where innovative planning is beginning to make use of these concepts. Just because we have not succeeded in working out the details there should be no reason to eliminate the idea and urged that it be sent back to the Planning Commission. He stated that he would like to make a few specific comments on the plan and one is that he does not feel the comment should be made, for example on Page 4, that for the most part density transfers are based on property ownership. He feels this comment is irrelevant as property ownership can change. Also, the proposed density should be indicated on the map as one cannot tell what density is being talked about when there is cluster development and the Mayor commented that development will be allowed only at such and such a density and is the only way it can work. Councilman Futch felt that this is correct and that it should be spelled out. He then referred to 3. a. on Page 4, regarding acquisition or dedication to the City of Livermore and felt that he would like the wording to be different suggesting that it should be stated that the City would consider dedication to other agencies, in accordance with Council approval, as it may not be appropriate that the ACFC and WC District have control of the land. He felt this should apply to all agencies and that the Council should have some say as to which agency should possibly have control. Mayor Miller agreed that dedication to LARPD and the City is one thing and dedication to Zone 7 is another. Councilman Futch explained that this does not mean that the City will not approve dedication, but that it should not be done automatically. There was some discussion regarding specific wording to be used and Councilman Futch stated that he would suggest, "the City will consider dedication to other agencies such as...", and the Mayor stated that the wording should say "may consider". Councilman Futch stated he is sure the Planning Commission took into consideration the possibility of placing some of the density in other locations rather than in the areas close to the freeway. The possi- bility exists for more density in the hills and he would like to know what they have considered in this regard. CM-27-295 January 14, 1974 (re Planning unit #12) Mayor Miller stated that one of the problems that limited the Planning Commission was their insistence for using a high density for this kind of area, namely, 3.3. If the density is lowered by adjustment within the various planning units and with respect to the type of terrain involved he would suspect that a lot of the problems in respect to density development near the freeway will be greatly alleviated. Councilman Taylor asked if these are suggestions to Mr. Musso or if a motion is to be made and Councilman Futch explained that the Planning Commission is going to wonder why the matter was sent back to them and this will be reflected in the minutes. He would hope that the comments made will offer some guidance to the Planning Commission as to the feelings of the Council. He stated that he would like to see the Planning Commission discuss the question raised, which is, will conformance to the plan be required? Councilman Futch then continued with points to be considered such as the responsibility of property owners for maintaining open space and Mr. Musso replied that the Planning Commission concluded that it was not the responsibility of the owner to maintain open space. One of the findings before the density transfer is made is that there be provision for permanent main- tenance of the open space by the City, LARPD, or somebody, but not the property owner. Councilman Futch continued by saying that he felt some prov1s1on should be made to allow a property owner to sell the development rights to his property but remain in the home they have occupied for years. There should be some allowance for one single family home on 10 acres or something of this nature to take care of this situation. He then questioned whether a new zoning district may be needed (for Planning Unit #12) and asked what zoning will be applied to this land, and should it be indicated on the plan. Mr. Musso replied that it is indicated on the plan which shows it to be zoned RS-3 and RS-4, regulated under the subdivision procedure. Councilman Futch explained that he felt the Council and property would be interested in this type of detail and would like to have it spelled out. He noted that it is not clear as to whether or not the density transfer occurs simultaneously with the tentative map approval and perhaps this would be the appropriate point to make the change legal, as the building permit stage is a little late, which was followed by discussion of the provisions of the RS Ordinance. Councilman Futch moved that the matter be referred back to the Planning Commission, seconded by Councilman Taylor. Councilman Beebe stated that in addition to the motion directing the Planning Commision to study the matter he would also like for them to restudy the area between the collector and the free- way, as he cannot visualize a school or residential development so close to the freeway and would suggest that prior to the matter coming back to the Council, the Planning Commission should hold a public hearing with each property owner, specifically notified, to speak at the hearing. Councilman Futch explained that his motion pertained only to Planning unit #12 and would like to discuss the other Planning units separately. Councilman Taylor pointed out that the City now is faced with something which was considered to be beneficial to everyone in the area and should be made obvious to the property owner. The advantages should be pointed out to these people and a lot more done to clarify the situation and the advantages which is the key to make it work. CM-27-296 January l4, 1974 (re Planning Unit #l2) Councilman Taylor stated that the density along the freeway makes him a little nervous also and can see no reason for not having attractive clustering in the hills as a possible alternative. Councilman Futch commented that he feels one reason clustering in this area will be to the advantage of the land owner is due to the hilly nature of the land which will make it very difficult to build on. David Elder, 2797 Oregon Way, stated that he once lived in Livermore in 1958 and now lives in Nebraska, visiting here at present and views the west end of the Valley as a mess and cautioned that cluster develop- ment in the hills might end up looking like the development which has taken place in Los Angeles in their canyons which use to be just beautiful canyons which are now full of homes. He stated that developers use to advertise the Livermore Valley as the quaint, quiet valley with roses and vineyards. The rose people have already left the valley and he feels that if care is not exercised the vineyards will all disappear due to development and smog. He feels that a lot of people moved to the Valley to look at the hills and to get away from the factories and smog in the Bay Area. Councilman Futch stated that he would like to include in his motion the notes written up by him which Councilman Taylor agreed to second. Councilman Pritchard stated that most of his concerns have been expressed and would agree that one is the density near the freeway and though he would prefer that a school not be placed there it was the School District's choice. Councilman Taylor commented that he would request some analysis of the idea of the City purchasing and selling density rights, which could perhaps be done by the City Manager. He pointed out that the City stands a chance of losing if they buy and sell because it would have to buy at whatever the people would sell at and sell at whatever someone would buy at. The City really should not get into buying and selling with the use of public money without being very careful about the propriety of operating a business. He felt that some analysis of the situation should be made. Mayor Miller stated that he agrees, in principle, to the kind of ideas Councilman Futch is proposing for the Planning Commission's consideration and would like to emphasize in the wording going to them that the Planning Commission has done the plan in an artificial atmosphere of assuming that it is going to be 3.3 d.u./acre which gives rise to the problems of high density near the urreeway which the Council unanimously opposes. He pointed out that he would like to argue that 3.3 d.u./acre is flat land density and unreasonable to expect the hilly area of this type to be at that kind of density. If the density is more rational, as the hillside type of densities talked about and that the developers have insisted we have only on hillsides, that many of these problems of high density near the free- way will go away, and pointed out that he would like these words to be in the minutes to go to the Planning Commission for them to consider. Councilman Taylor stated that in his opinion the overall density is not the cause of the problem and that a drastic reduction in density will insure that the whole idea of density trade in cluster in the area will be killed. It should be noted that the Mayor's comments are personal and not a suggestion approved by the Council, and the Mayor stated that none of these are suggestions approved by the Council. CM-297 January l4, 1974 (Re Planning Unit #l2) Mayor Miller's comment was followed by discussion of density transfers and examples of transfers in the planning area, and the Mayor stated that he would like to make one comment regarding development rights for the benefit of those in the audience. He pointed out that the Council is at least interested in the concept of density transfer and transfer of development rights even though no final decision has been made. The concept of development rights he sees as an advantage to the property owners is in the following way: If this were laid out as a General Plan in which large parts were zoned in the classical sense, then the people who have the flat land property would have high density and a lot of profit and those with the hilly areas would be left with low density and little profit. The concept of a uniform application of develop- ment rights throughout the whole area means that the flat land gets less density and not so much profit and the hilly areas get more density and a little more profit which is more fair for those in the whole general planning area and this is the advantage - nobody is squeezed out while one area is making all the profit. Arthur Bellman, part owner of one of the parcels, described the area owned by him by using the map in the chambers and pointed out that he has written to the Council requesting that the property be excluded from any consideration in connection with Planning Unit #12. Their property is outside the City limits and felt that influence over their property at this time would be premature, as no development of it is possible at present. The owners of the property feel that there is sufficient time to determine density when some plan is proposed for the area. Norman Warnow, P. O. Box 575, Pleasanton, stated that having the same density in the hills as on the flat land it has probably not been taken into consideration that the cost of developing hill land is much greater and is a disadvantage to the hillside property owners. He expressed appreciation for Councilman Taylor's unbiased remarks and the willingness to see the City's as well as the property owner's point of view. He pointed out that one of the reasons this property has not developed is because it is not in the City limits and there are no sewers or storm drains or any other necessary items. He then commented that if a potential industrial client comes to Livermore with the thought of develop- ing there is no pleasant view for entering the City, and that he has heard remarks such as this looks like the annex to the local prison. The Stanley Boulevard entrance is not attractive and the portola Street entrance is likewise a poor approach. He stated that at present, this happens to be the last approach to Livermore that has a chance to be appealing (the Planning Unit #12 area) and feels that it should not be high density zoning at the entrance to the City, and urged that beautiful professional buildings be en- couraged in this area. Bob Ruggles from Amador Associates, commented that he would like to restate the position taken by him at the last meeting but would be more brief at this time. With respect to their land which is located on North Livermore Avenue, north of Portola Avenue, the character, topography and location is unsuitable for residential purposes and perhaps could be used for business not suitable for downtown - not necessarily a lumber yard but this is an example of retail not suitable in the downtown busi- ness area. He suggested that the Council request the Planning Commission to consider, rather than reducing the density, to eliminate residential use north of Las positas Road. Councilman Pritchard commented that Mr. Ruggles' comments would be reflected in the minutes which the Planning Commission will have the opportunity to consider. CM-27-298 January l4, 1974 (Re Planning Unit #12) Mrs. Vidalin, 3680 Las Colinas Road asked if density transfer will be optional rather than mandatory and Councilman Beebe responded by saying that this would be his intent, and Mrs. Vidal in felt that this would make more sense than requiring a transfer. Mayor Miller explained that this has been incorporated in the minutes for the Planning Commission to consider, but it is not known what their decision will be. Councilman Beebe suggested that the property owners interested in the density transfer matter write to the members of the Planning Commission to inform them of the property owners' views. It appears that after this meeting everyone concerned is a little more knowledge- able about the matter and possibly the City and the property owners can reach a happy medium. At this time the Council voted unanimously in favor of the motion to refer the matter to the Planning Commission. (MOTION TO ADJOURN) Councilman Taylor moved to adjourn the meeting at midnight, tonight, seconded by Councilman Futch, and which passed 4-l with Mayor Miller dissenting. Councilman Futch asked for a short recess at this time. RECESS After a brief recess the Council meeting resumed with all members of the Council present except Councilman Beebe. CONTINUED DISCUSSION RE PLANNING UNITS 8 & 9 Mayor Miller suggested that discussion regarding Planning Units 8 and 9 be postponed to a lighter agenda and Councilman Futch moved for a continuance, seconded by Councilman Pritchard, and which passed by a unanimous vote - (Councilman Beebe absent). COUNCILt~N BEEBE WAS SEATED AT THIS TIME. COMMUNICATION RE PUBLIC TRANSPORTATION Mayor Miller stated that the Council has received a letter from Robert Olson with regard to the need for public transportation which suggests the formation of a Transportation Advisory Committee with an outline of suggestions for them to consider. Mayor Miller explained that earlier in the meeting it was noted that a Transporta- tion Committee is in the mill and there is work being done with the BART people and our congressmen to get the busses we have been promised. Mr. Olson explained that at the time he wrote the letter he was not aware of a Transportation Committee and that he wrote it because he feels the needs for public transportation are changing very rapidly. Mayor Miller thanked Mr. Olson for his letter and his interest in the matter. CM-27-299 January 14, 1974 COMMUNICATION RE CONFLICT OF INTEREST LEGISLATION - HOUS. AUTH. A letter was received from William Struthers with regard to the Conflict of Interests Act effective January 1, 1974 and which applies to all Housing Authority Commissioners and officers and' employees which was noted for filing. It was noted that, perhaps, the resignation of three members of the Housing Authority may have been done in haste and that the new law may not apply to them, and the City Attorney explained that Mr. Struthers is their Counsel but it would appear that those who resigned are not required disclosure on an annual reporting basis and it was suggested that perhaps the City could offer to reappoint those who resigned. It was concluded that this matter should be discussed further at some executive meeting. DISCUSSION RE PRESENT AGENDA It was noted at this time that the agenda for the evening is very full and that the Council would discuss the most improtant issues first so that there could be a midnight adjournment, and agreed to move on to the matter of the campaign expenditures ordinance. INTRODUCTION OF CAMPAIGN EXPENDITURE ORDINANCE Mayor Miller stated that the draft of the campaign expenditures ordinance is a result of the majority Council view at the last meeting and it would appear that everything discussed has been covered. Councilman Futch stated that most of the draft was what was included in his motion but items regarding disqualification of a candidate was not included in the motion which was made but have been added and wondered if there were other such additions not included in the motion. The City Attorney stated that he has discussed, informally, the matter with Councilman Futch and the City Attorney's concern has been that there is a penalty without a mechanism for implement- ing it. What has been inserted is a different form of penal pro- vision which is based on conviction in a court of law and we are, in effect, adopting whatever standards a court of law would adopt, which he further explained. He added that he is satisfied that as a legal matter it could safely be included and provide the City with the proper protection against improper campaign activities and would also preserve the rights of anybody who might be accused of violation. Councilman Taylor moved that Section 2.54 (down to Section 2) be removed, as the Council should not decide a person's qualifications for office as this may discourage good people from running for office, seconded by Councilman Beebe. The Council then discussed this point, and the City Attorney tried to explain that the critical word in this section is "conviction" giving an example of what the section means. CM-27-300 January 14, 1974 (Campaign Expenditure Ordinance) Councilman Taylor stated that with a little more time to reflect on the matter he might view it differently, but to judge it in a hasty manner he tends to feel concern and is worried about that particular section. The City Attorney stated that one of Councilman Taylor's concerns can be commented on in that courts tend to take matters relating to elections as a first priority problem. For example, the woman in Pleasanton received an immediate hearing as to whether or not she was entitled to a place on the ballot and added that this is not the type of legal challenge which would be prolonged. Also, the state allows this type of ordinance to be adopted as an urgency ordinance because it concerns an election. Mayor Miller stated that he feels the purpose of penalties is to compel people to do their accounting properly and if people realize that a penalty is involved they will do this properly, just as the present Council has done. All this ordinance is asking, is that the same care be taken that the present Council has been taking in its election campaigns. Councilman Taylor stated that up until about four years ago we have had a City disclosure law which was stiffer than the state disclosure law but feels there were loop-holes in that law which one could get around and which this ordinance has tried to close and certainly agrees with that aspect. His objection is the idea of regulating people, in detail, because of problems imagined and not really experienced. He added that this ordinance covers a lot of the impor- tant things as far as disclosures are concerned but goes beyond what is reasonable in requiring detailed accounting down to the dollar spent and if one fails to do this a law suit can result with the person possibly being removed from office. The City Attorney explained that he had included the phrase, "All expenditures in excess of one (1) dollar shall be itemized..." because he had been asked what the bottom limit is and felt that some specified recognizable bottom limit should be included. Councilman Futch stated that he has not had time to consider Section 2.54 thoroughly, and for this reason will vote against the inclusion of this section. At this time the motion to delete Section 2.54 passed 3-2 with Councilman Pritchard and Mayor Miller dissenting. Councilman Futch then moved that the Council change the amount in Section 2.49 (g) (4) to five (5) dollars rather than one (1) dollar, seconded by Councilman Beebe, which passed 3-2 with Councilman Pritchard and Mayor Miller dissenting. Councilman Taylor moved that in Section 2.49 (g) (1) the requirement for a person's occupation and place of business also be deleted, seconded by Councilman Beebe and which was then discussed. Councilman Futch stated that he would agree to the motion if ~- pat ion is left in. The Council voted on the motion which failed by a 2-3 vote with Councilmen Futch, Pritchard and Mayor Miller dissenting. Councilman Futch moved to delete, "and principal place of business," seconded by Councilman Pritchard and which passed by unanimous vote. CM-27-30l January l4, 1974 (Campaign Expenditure Ordinance) Councilman Miller stated that he would like to make an amendment in this same section which is to restore, to this ordinance, that which has been in effect in the previous ordinance but does not apply now because the state law does not say it that way anymore. The previous version of the ordinance says that beside what you must disclose, by law, you have to do the following things, and the things required for disclosure earlier were the names of everybody who contributed money no matter how much and what you did not have to do before was associate the money with the name. Our ordinance was designed to associate the money with the name subject to a low limit of $5; however, everyone's name who con- tributed had to be there because this was in the state statute. He stated that he would like to add in Section 2.49 (g) wording to require disclosure of names and amounts donated under $5. Councilman Taylor felt the Council had just voted on not requir- ing disclosure of contributions under $5 but the Mayor stated that the Council had voted on not disclosing the amount or their address but you still must report that these people gave money, and somewhere you must show how much money came in and the point is you do not have to associate the specific contri- bution with the name. He did not think the Council was trying to deliberately reverse the effect of the previous ordinance by their vote and to exclude those people who were counted before. There was a $5 limit before but those who contributed less still had to have their names listed and Councilman Taylor stated that he feels this should not be required and the Mayor replied that it has been required by state statute, now no longer required by state statute but would think that the Council would be willing to continue with this same principle. Mayor Miller then moved that in Section 2.49 (g) as Item 2, the following phrase be adopted: "For contributions less than $5 the name of the person", the purpose of which is to make our ordinance consistent with our previous ordinance. The motion was seconded by Councilman Pritchard but failed 2-3 with Council- men Beebe, Futch and Taylor dissenting. Councilman Futch moved that the Council introduce the ordinance, as amended, seconded by Councilman Pritchard. The motion was followed by a brief discussion regarding reporting contributions and Councilman Pritchard commented that it was with reluctance that he would second the motion, as he considers the ordinance to have been "emasculated", and explained his view by stating that without penalties a law is basically no good. Mayor Miller pointed out that someone can contribute up to thousands of dollars on the pretense that this amount of money came from people who contributed less than $5 and whose names no longer have to be reported. Mayor Miller stated that he finds it most discouraging to try to do something he feels will help and what the public has said it wants and that campaign managers have stated they are willing to do but whichAthe Council fee~ is not necessary. ~~~t- ~:~ CM-27-302 January l4, 1974 JOINT POWERS AGREEMENT - VALLEY WATER MANAGEMENT --., Mayor Miller stated that he and Councilman Futch attended a meeting last week as representatives of the Valley Water Interest Committee and that the meeting was for the purpose of considering the objective~ raised by the attorney for VCSD. Some of the things proposed by~~~ were adopted and some were discussed and rejected but in general, the intent of the agreement was the same as those previously adopted with some things being made more explicit. The changes have been included in a draft which the Council has received and have been underlined, and explained that there is a change on the last page which had not been agreed to regarding the sale of revenue bonds and which he ex- plained to the Council allowed revenue bonds to be submitted without the limitations that it would agree to support, which he further explained. He stated that the Council has received a new copy called Exhibit A which is different than the one in the Council packet and noted that Section 54307.l describes a certain situation which would be taken care of with the rewording, and Exhibit A (the new one) attempts to take care of this. Such has been approved by the VCSD people and it is assumed that the others will agree. Councilman Futch moved that the Council approve the joint powers agreement, as submitted, with the new Exhibit A substitute, seconded by Councilman Pritchard. The City Manager commented that a clause should perhaps be included indicating that the this action would rescind the previous ability to execute the former agreement which he believes was extended, and with which the Council concurred, and was included in the motion and second to the motion. At this time the Council voted unanimously to approve the motion. RESOLUTION NO. 3-74 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT REPORT RE VALLEY WATER MANAGEMENT AGREEMENT The City Manager reported that one of the sections in the federal Water Pollution Control Act requires the establishment of planning and water management agencies for certain areas and the State Water Quality Control Board has indicated that seven areas of the state must do this and that one of these areas is the Livermore valley, inclusive of Fremont. Four of the seven areas fall within the Bay area and also within the confines of BASSA. BASSA contends that their jurisdictional area (the nine Bay Area counties) should be designated a Planning Area and that it should be the planning agency or if the four separate areas are to remain, BASSA should be given the same designation for each. The State Water Quality Board will hold a public hearing on the matter on January 15th and must make their final decision no later than March l2th. The staff has recommended that since our Valley Water Interests Committee has just about formalized a joint powers agreement for the establishment of an agency it seems that this group should qualify and be designated as the Water Management Agency under the 208 Planning Area requisites, assuming that the state will agree to the exclusion of Fremont. It would appear to be logical that BASSA be designated as a 208 Planning Agency and it would be duplicative to form another planning agency, assuming that BASSA would designate our new joint powers organization as the local Water Management Agency. Mr. Parness stated that the whole question evolves around the logic of having either our Water t1anagement interest selected as the regional planning agency or have BASSA established as such, or to have BASSA be the planning agency covering their present incorpora- ted jurisdiction (the 9 Bay Area counties), which would seem to be the logical approach. CM-27-303 January l4, 1974 (Valley wtr. Mgmt.) The City Manager was asked if he felt BASSA would be interested in acting as the regional planning agency and Mr. Parness indi- cated that they are very much interested in doing so and would hesitate to think that anyone else should be given the regional planning responsibility. There was some comment made about it being bad to throw Livermore in with Fremont and it was noted that this is true except for the fact that they are downstream from this valley and they continue to complain about what we are doing to their underground water supply, but other than this fact they have no interest regarding the valley's planning. Mayor Miller stated that he feels this area should retain the right to be the management agency for our area, including Fremont, and would not like to see this area given to BASSA without the con- tracts already signed in advance. It is not clear as to who should be the planning agency for this area but as pointed out, BASSA has money and we do not. Planning demands on the valley will probably cost us some money and if BASSA does it we will not have to pay but on the other hand if the valley does it we have representatives to share with the decision. We would have only one representative on the BASSA Board to speak for the whole valley. Mayor Miller moved that the Council ask to be the valley's manage- ment agency for a 208 Planning Area, and ask the state agency not to decide to ultimately make this a 208 area and not to decide between BASSA and the Valley Water Interests Committee until we can have further discussions with BASSA, seconded by Councilman Beebe, and which passed by a unanimous vote. STEP PROGRAM BALLOT MEASURE Mayor Miller stated that prior to adjournment it is necessary that the Council resolve the matter of the STEP program argument to be prepared for printing on the election ballot. He stated that he has spoken with Bill Bankert from the Police Department who has written a draft but which was too long. It has been rewritten to comply with the word requirement and has been agreed upon by Mr. Bankert. The Mayor was authorized to sign the argument for the measure by unanimous vote of the Council. ADJOURNMENT At this time the Mayor adjourned the meeting at ll:55 p.m. to a brief executive session for the purpose of discussing appoint- ments to the Housing Authority. APPROVE pO~9:0./l~ ATTEST C1 ty C er . Livermore, California CM-27-304 Regular Meeting of January 21, 1974 A regular meeting of the City Council was held on January 21, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called at 8:00 p.m. with Mayor Miller presiding. ROLL CALL PRESENT: Councilmen Beebe, Taylor, Futch, Pritchard and Mayor Miller ABSENT: None PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. COUNCIL MINUTES OF l2/17/73 and 1/14/74 On motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote the minutes for the meetings of December l7, 1973, and January 14, 1974, were approved as amended (Councilman Beebe abstained from December l7th meeting due to absence at that meeting). CONSENT CALENDAR Re Request for Annexation of Max Baer Park - LARPD The City Manager reported that LARPD has requested that Max Baer Park be annexed to the City and the staff has recommended that the Council adopt a motion referring the matter to the Planning Commission and to LAFCO for a report. Report re BART Extension The City Manager reported that the Livermore-P1easanton BART extension project is approaching its final stages and the purpose is the estab- lishment of a transit corridor to interconnect the Livermore-Amador Valley with the existing BART rail system and also intra-valley rail alignments and station locations. A final determination of these matters is scheduled for decision by the Board of Control and in the interim, a series of meetings is scheduled for the general public and other involved committees. One of the most important of these is primarily for the City Councils and Planning Commissions of Livermore and Pleasanton and the Board of VCSD. This meeting will be held on January 30, and 8:00 p.m. at the Kaiser Research Center. The Council has a list of the other meetings and locations. Departmental Reports Departmental Reports were received from the following: Airport - Activity, December, 1973 Financial, quarter ending December, 1973 Building Inspection Department - December and recap of information - 1956-l973 Emergency Services - quarter ending December, 1973 Finance Department - revenues and expenditures - July 1 to December 30, 1973 Las Positas Golf Course - quarter ending December, 1973 Library - quarter ending December, 1973 Mosquito Abatement District - November, 1973 Municipal Court - November, 1973 Planning/Zoning, quarter ending December, 1973 Water Reclamation Plant - December, 1973 CM-27-305 January 2l, 1974 Committee Minutes Minutes were submitted by the Airport Advisory Committee for the meeting of January 7, 1974 and by the Housing Authority for the meeting of November 28, 1973. Payroll & Claims There were 158 claims in the amount of $339,643.06 and 276 payroll warrants in the amount of $74,178.70, dated January 18, 1974, for a total of $4l3,82l.76, ordered paid as approved. APPROVAL OF CONSENT CALENDAR On motion of Councilman Futch, seconded by Councilman Pritchard and by unanimous vote, the Consent Calendar was approved with Councilman Beebe abstaining from Warrant #8618 for his usual reasons. HEARING RE APPLICATION FOR A TAXI SERVICE (Security Eye Patrol) The City Manager reported that an application for a taxi service has been received and our Municipal Code requires the conduct of a public hearing to show public need and necessity along with other pertinent information and to allow the public or competing business to testify. A notice has been delivered announcing this time and date for such a hearing and it is recommended that following the public hearing the Council adopt a resolution authorizing issuance of a permit for the conduct of a public taxi service subject to the observance of the rules and regulations applicable to such. At this time Mayor Miller opened the public hearing. There being no public testimony, on motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the public hearing was closed. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, a resolution issuing a permit for the conduct of a taxi service subject to the observance of all rules and regulations of the Municipal Code was adopted. RESOLUTION NO. 4-74 A RESOLUTION ISSUING A PERMIT FOR THE CONDUCT OF A TAXI SERVICE COMMUNICATION RE FINANCIAL AID REQUEST FOR A CAPELLA CHOIR A letter was received from the parents of the Livermore High School A Capella Choir stating that the choir has been invited to parti- cipate in the International Choral Festival to be held in Hawaii" and that there will be competition from allover the world. The students (60 in number) are working very hard to raise the money necessary to finance the trip and would appreciate any financial assistance which might be given by the City. Mr. Richard Duffas spoke to the Council on behalf of the choir indicating the purpose of the trip and noted that the trip will cost $305 per student. CM-27-306 January 21, 1974 (Financial Request for A Capella Choir) Councilman Taylor felt that this would be a type of advertisement for Livermore and moved that the Council approve a contribution of $200 towards the cost of the trip, seconded by Councilman Pritchard. The Council noted that an amount had been contributed to the Granada Jazz Band and wondered what this amount may have been and asked how many of the 60 students would be planning to go to Hawaii and it was noted that approximately 50 students would be going. Councilman Beebe moved to amend the motion to contribute the same amount as that given to the Jazz Band, seconded by Councilman Pritchard. Councilman Taylor felt that $200 should be sufficient in the way of a contribution and support from the City and Councilman Futch noted that these contributions may be setting a precedent and the Council should consider the number of other organizations that could come in with similar requests and should be concerned with the amount of donations which could accumulate. Councilman Pritchard stated that the Jazz Band had been given more money because it was going to help cover the cost of a tour; however, there are approximately three times as many students going to Hawaii and that he could therefore equate the two. Mayor Miller stated that he would agree the group should be given the same amount of money as that donated to the Jazz Band but would suggest that future donations of this type should be discussed and a determina- tion made as to whether the Council policy will be to continue or discontinue donating to various organizations for similar things. At this time the amendment to the motion passed 4-1 (Taylor dissenting) . The main motion passed by a unanimous vote of the Council. REPORT RE AIRWAY BLVD. PROPERTY USE The City Manager reported that a development firm has inquired as to the City's reaction to leasing a portion of the property owned by the City abutting I-580 on the easterly side of Airway Boulevard. The intended use would be for a bowling alley which would occupy approxi- mately 3 acres. Prior to further negotiations it is necessary that the Council give their reaction to such a proposal. Mr. Parness stated that the intended use for this land was for professional office build- ings and light industrial but this appears to be unfeasible from a financial standpoint and other uses are being considered. Councilman Pritchard questioned whether such a use would be permitted in an ID Zone by way of a CUP, and Mr. Musso stated that he feels it would. Councilman Futch stated that he would like to know which portion of the 5.45 acres is being considered for development of a bowling alley. Councilman Beebe stated that he would like to know if some type of restaurant is to be constructed in conjunction with the bowling alley, and Councilman Pritchard stated that he is sure it will. The Mayor noted that the City should make sure that whatever potential developers we have for the property should be taken into consideration so that if we don't get somebody today for this particular use, there are other uses to be considered. Mr. Musso pointed out that during discussions regarding possible use of the property, the location of a building or access is really not the issue and that this can be worked out if such is a desirable use. CM-27-307 January 21, 1974 (re Airway Blvd. Property Use) Mayor Miller stated that it has been a policy of the City Council for many years, not to precommit themselves prior to having a re- port and recommendation from the staff and Planning Commission and would not be willing to make a decision without their consideration. Gerald D. Eschen with National Commonwealth properties, Inc., stated that his company has spoken with a tentative tenant for a complex of 40 lanes with a restaurant and other facilities which could be expanded to a 60 lane alley. They are negotiating for another 18,000 - 20,000 foot building which would be for a recreational use to go along with the bowling alley, all on the 5.45 acres. This would mean that the entire acreage would be used for a recreational complex. However, prior to any further negotiations the Council's attitude towards a recreational complex would be appreciated. Councilman Taylor asked what bowling alley would be comparable to such a structure and Mr. Eschen explained that there would be nothing compar- able to it in the Valley. The Valley can support one major bowling and recreational complex. He commented that the bowling alley will have a snack-bar and a complete restaurant included, and would be interested in acquiring all of the land. There was some discussion regarding the use for the land which would be of most benefit to the City and the City Manager stated that in his opinion a recreational and commercial in nature use would not be in the best interest of the ultimate use of the property. However, this use is at hand and sought after by the applicant which may be a consideration. He feels that eventually there will be prospects for commercial and light industrial but there has not been an offer of this type made. Councilman Beebe felt that a recreational use in the area might not be a bad proposal, as the golf course is already there which is recreational and that people interested in flying are also in the area. A center such as the one proposed would probably bring a lot of money to the City. Mr. Madis, representing Granada Bowl, the existing bowling facility in Livermore, explained that it presently has 16 lanes and has just concluded negotiations to expand and double the number of lanes which they feel will be adequate in serving the valley. He stated that he is just giving information to the Council and does not know what the demand in the way of bowling alleys might be. Orry Bey, member of the Shamrock Bowl Board, stated that they have been working on negotiations for developing a 40 lane bowling alley complex on Hopyard Road and Dublin Boulevard for approximately two years and it appears that this will be done in the later part of 1974. He feels that with Granada's 32 lanes and Dublin's 40 lanes, that one more bowling alley in the valley could not be supported. He commented that at present they are in the process of selling stock to the public for the Shamrock Bowl. Mr. Eschen stated that they have been aware of the Shamrock Bowl development and the competition and if the City allows a bowling alley development, as proposed, it should be completed in 6-7 months. Councilman Futch stated that it appears the Council must decide which type of use would be in the best interest of the City and would like to have a recommendation from the Planning Commission prior to making this type of decision, as it is a significant decision. Councilman Taylor pointed out that he would tend to agree with Council- man Futch but the Planning Commission is going to want to see more detail and Mr. Eschen wants to know if negotiations should be continued. CM-27-308 January 21, 1974 (re Airway Blvd. Property Use) Councilman Futch stated that he can well understand this; however, perhaps the Planning Commission can answer the question as to what the use should be and whether or not they would look favorably upon a change of use which he feels is independent of the plan. Mr. Eschen commented that from an aesthetic point of view he feels the City would be pleased with the plans for this development. Councilman Taylor felt that there are a number of things to be con- sidered before making a decision as to what use should be there and moved that the Council direct the City Manager to try to work out something financially attractive to the City but would not want the City to have to subsidize something of this nature until it gets on its feet. He felt that it may not be a year or two until an industrial use proposal is expressed and that it may be more like 10 years. He added as part of his motion that the Council is in no way approving anything, and the motion was seconded by Councilman Pritchard. Councilman Futch wondered if this means that the Council does not want to send the matter to the Planning Commission, and Councilman Taylor stated that he feels they do not have enough to go by and should have more information for consideration. Mr. Eschen explained that favorable terms may not be negotiable between his company and the prospective client and such a proposal may never actually occur. At this time the Council voted 3-2 in favor of allowing the City Manager to negotiate a financially attractive offer for the City, with Councilman Futch and Mayor Miller dissenting. COMMUNICATION FROM BIKEWAYS ASSN. RE STANLEY BOULEVARD A letter was received from the Livermore Bikeways Association with regard to the bikeway problems on Stanley Boulevard. Portions of the bikeway along Stanley Boulevard are too narrow to allow two-way bicycle traffic and the Bikeways Association listed suggestions to help reduce the problems which were observed by a Mr. Ron McNicoll in a letter written to the Council previously. Mayor Miller moved that the Council refer the suggestions to the staff for a report and recommendation, seconded by Councilman Taylor. The motion was voted on and passed by a unanimous vote. COMMUNICATION FROM DAVID MADIS RE PROPERTY ADJACENT TO PORTOLA AVE. (Andersen family property) David Madis, attorney representing the Andersen family, owners of 57 acres of land adjacent to Porto1a Avenue, south of I-580, has written to the Council on their behalf requesting that the property be annexed and rezoned to commercial and industrial uses. The City Manager noted that the application is conditioned upon being rezoned for commercial and industrial uses and the General Plan specifies the land as residential use. Our Planning Department is currently reviewing this category and perhaps some revisions in its intended zoning will later be recommended. CM-27-309 January 21, 1974 (re Andersen property) A motion was made by Councilman Pritchard, seconded by Councilman Futch, to note and file the communication, pending the report from the Planning Commission on this general area. David Madis stated he had no objection to this being referred to the planning Commission if that is the policy regarding annexations; however, it was his understanding that annexations are handled by the City Council. Mayor Miller pointed out it was also Council policy to never pre- commit on any annexation. Mr. Madis reminded the Council they were requesting something differ- ent than just annexation - they are offering a proposal of a fully developed industrial park on at least fifteen acres of the property, and they are willing to bond for all of the improvements as they feel it is probably the best area in the City of Livermore for an industrial park. Mr. Musso commented that if this is a pre-zoning, it must go through the public hearing process at the Planning Commission level. Councilman Futch interjected that regardless of what it is called, it is a major change in land use, and as such it would be inappro- priate for the Council to indicate one way or the other that it might be approved before it goes through the proper process. Councilman Pritchard stated that was the reason for his motion inasmuch as both the County and the City General Plan shows this area as being residential, and he felt it should go through normal channels. Mayor Miller commented for the record that a fully developed indus- trial park would be very desirable for the City but this location mayor may not be the proper place for it. A vote was taken on the motion at this time and passed 4-1 with Councilman Beebe dissenting. COMMUNICATION RE PROGRESS, FUTURE PLANS LIVERMORE AIR POLLUTION STUDY COMMITTEE A communication was received from the Livermore Air Pollution Study Committee setting forth the charter which they had adopted and the course of action which they plan to follow. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to accept their charter which passed unanimously. COMMUNICATION RE LIVERMORE AIRPORT A communication was received from the City of Pleasanton together with a resolution to solicit the cooperation of the Livermore City Council on behalf of the residents of both cities by initiating necessary steps to acquire the 51-acre clear zone on the west end of the Livermore Airport by LARPD. Councilman Pritchard asked the City Manager why there was not more discussion from the City staff in this regard, and Mr. Parness ex- plained that there had been considerable discussion and he went on to give more details of the procedures which had occurred. Also the staff has tried to reassure the City of Pleasanton that it is CM-27-310 January 2l, 1974 (Communication re Airport) not intended that the airport be expanded, but rather that a new plan be drafted and, in particular, that land use in and about the environs be carefully reviewed and forecast. Despite this the City of P1easan- ton feels that the City of Livermore plans to have all kinds of things happen in that area, which is of course not true. Mr. Parness pointed out that later in the agenda there is a recommendation for the award of a consultant's contract. If approved, it is expected that the City of Pleasanton will participate at least as observers throughout the planning process, which might allay some of their fears. There are negotiations at present for the purchase of the land under- neath the western approach zone consisting of about 33 acres which the City feels is adequate. It is definitely the intention of the City to cooperate with the City of Pleasanton and they have been invited to attend discussions of the Airport Advisory Committee and staff, and also discussions concerning the newly constituted master plan and abutting land uses at the airport. A motion was made by Councilman Taylor, seconded by Councilman Beebe, that the communication be noted and filed, and the motion passed 4- 1 with Councilman Pritchard dissenting. REPORT RE EAST AVENUE BICYCLE PATH ADDITION Mr. Parness explained that a letter had been received from the Superintendent of Schools, recommending that there be some widening of the bicycle path along the northerly side of East Avenue at least from Jackson Avenue to the Robert Livermore Park, and the staff was asked to compute the approximate cost of the widening, which had been presented to the Council and as stated would amount to $6,678.00. Mr. Parness pointed out that there is an existing bicycle path although it is rather narrow, which was followed by discussion regarding the souurce of the cost and if any of this amount might be recovered if the street is eventually improved. Mr. Hartwig, a member of the Bikeways Association, stated they had looked at the problem and there are actually two problems - the poles, which they are attempting to have painted so they will be visible at night; there is an embankment of about two feet. Although it may be true that maximum expenditures may not be worth while as the street may eventually be widened, but he felt there might be some temporary aid necessary such as keeping the path clean and painting the poles. A motion was made by Councilman Pritchard, seconded by Councilman Futch, to table the major expenditures but to ask the staff to find some minor measures, as suggested, to improve the situation and respond to Mr. Croce's correspondence, and the motion passed unanimously. REPORT RE LIVERMORE PARK PROPERTY ADDITION The report regarding Livermore Park property purchase was postponed from the meeting of January 7. A list of the priorities that the Council had considered and proposed expenditures in the park fund had been furnished as requested, and the question remains as to whether the City should acquire the parcel offered by Mr. Pestana or continue with price negotiations before a final decision is reached; however, LARPD earnestly recommends acquisition of the additional acreage. Mr. Parness stated that since LARPD is very interested, he would urge the Council to allow him to further negotiate with the owner. CM-27-31l January 21, 1974 (re Acquisition of Park Land) Councilman Taylor stated he was reluctant to approve the acquisi- tion since that part of town had far more park per person than anywhere else in the City. Councilman Futch stated he was not sure he agreed with that inasmuch as there are two areas planned for major facilities - the May Nissen Park on the one side and this park which- are to serve as community parks. From that viewpoint he felt it was a very worthwhile acquisition, especially since the staff has indicated that the price is right. Councilman Futch made a motion, seconded by Council- man Pritchard, and approved unanimously to direct the City Manager to continue his negotiation with the idea of possibly acquiring the parcel. REPORT RE ON-SITE PARKING LIMITATIONS FROM INDUSTRIAL ADVISORY COMMITTEE This matter was postponed from the meeting of December l7 for consideration at this time. The Industrial Advisory Committee had considered limitations for on-street parking for Research Drive and North Mines Road based upon the strong appeals made by the resident industries as street congestion is most difficult, and the owners and tenants agreed that parking time limitation would help. It is recommended that this be posted as a 2-hour parking area. A motion was made by Councilman Taylor, seconded by Councilman Pritchard, and passed unanimously, to approve the City Manager's recommendation, and the following resolution was adopted: RESOLUTION NO. 5-74 A RESOLUTION AMENDING RESOLUTION NO. 129-72 BY THE INCLUSION OF RESEARCH DRIVE AND NORTH MINES ROAD AS LIMITED PARKING AREAS. REPORT RE ANCESTRAL TREES - BEAUTIFICATION COMMITTEE A report was received from the Beautification Committee requesting the City Council to pass a resolution designating certain trees as "Ancestral Trees". A recent survey was done for the city in which certain trees were indicated as ancestral trees. A motion was made by Councilman Beebe, seconded by Councilman Pritchard, that the survey which was made be incorporated as the official list of the city of Livermore of Ancestral Trees. The motion passed unanimously. REPORT RE SEWER INTERCONNECTION (City of P1easanton) The City of Pleasanton has retained consulting engineering services to investigate the prospects of alternative sewer transmission and treatment methods and one is to interconnect all or a portion of the current P1easanton sewer system with our City treatment facil- ities. Their staff is soliciting a formal reaction to this alter- native. The City Manager reported that there is no current treat- ment capacity available that might satisfy their needs, but this limitation could be overcome if funding were made available from their city, or from federal or state sources. If finances could thus be made available then a judgemental decision would have to be derived by our City Council as to the limits of treatment ca- pacity that would be allotted since their land use control would not be regulated by us. A recommendation was made that the City Council indicate its conditional favor providing: l) All capital CM-27-3l2 January 21, 1974 (re Proposal for Sewer Interconnection) costs are afforded; 2) that a maximum gallonage of treatment capacity be allotted; 3) that the requisite connection fees be payable, based on the number of units or their equivalent that is to be served; 4) that an annual sewer service charge be assessable based upon the current formula which takes into account the quantity and quality of sewage discharge; 5) that a percentage of the added treatment capacity be made available at our plant be reserved for local commer- cial and/or industrial users. Councilman Pritchard moved the City Manager's recommendation 1 through 5 as outlined, be adopted; however, the motion died for lack of a second. Councilman Taylor commented that the recommendation's were probably reasonable, but he would be reluctant. He felt that the City Manager was not speaking of any current capacity, but it's a way of saying to Pleasanton that we will not help them out of their current problems; however, if they would want to pay all expenses, then we might consider it. Mayor Miller remarked we could just be honest and say no. There is a necessity for cooperation between the Valley juriSdictions, and in other times it might be reasonable to do so, but we did not get much support from Pleasanton for example, on the LAFCO problem. He saw no reason to distribute sewer capacity for any reason. Councilman Taylor agreed there was no question we should avoid any possibility to allow the City of Pleasanton to use sewer capacity that we need; however this was one of the alternatives they wanted to consider, and he did not feel there was any harm in allowing them to study this alternative as we are not committing any existing capacity or planned capacity. Councilman Beebe made a motion that we say "no" to Pleasanton, seconded by Mayor Miller. Mr. Parness stated he could understand the concern and apprehension of the Council about this prospect as it seems to be unreal, but the City of Pleasanton is honest in the inquiry as it is an alternate they have available to them. To just say "no" would be like sticking our head in the sand because that attitude may, in time, be usurped by other authority. All he was trying to make clear is that technologi- cally it is possible for Pleasanton to be served by our plant. Aside from that he would suggest that the other considerations be listed as shown above. Mayor Miller remarked he would still like to argue that to provide sewage capacity for a jurisdiction over which we have no land use control is not wise. He felt in no way could this be of any value to the City of Livermore. If some higher authority should impose the rule upon us, then they impose the rule, but he didn't think we should ask for it. Councilman Futch agreed with Councilman Taylor in that just to say "no" would not be diplomatic. On the other hand, what he would favor is the City Manager's recommendations, plus that they would consider the possibility with restrictions as recommended, plus additional restrictions which the City Council might feel necessary at the time the proposal comes before them. A vote was taken on Councilman Beebe's motion which failed 3-2 with Councilmen Beebe, Futch and Taylor dissenting. Councilman Beebe did in fact vote no on his own motion. CM-27-3l3 January 2l, 1974 (re Proposal for Sewer Interconnection) Councilman Futch then moved that the Council would consider the possibility at such time, including the restrictions the City Manager has outlined, but not limited to those conditions, sec- onded by Councilman Taylor. Councilman Taylor commented that he would like to add the words to reflect that the Council is in no way considering the possi- bility of using any present capacity or any capacity that is planned resulting from presently planned improvements, which Councilman Futch accepted as part of the motion, adding that there is no commitment of any type except for the fact that the Council will take another look. Mayor Miller moved to amend the motion that there be an Item 6, that the City of Livermore will have land use control over all sewer connections, seconded by Councilman Pritchard. Councilman Futch felt it would be premature to add such a condition prior to finding out what they desire. Mayor Miller stated that he finds it hard to understand how the majority of the Council can open up the option to the City of P1easanton to build their shopping centers and industrial parks before we can, out of our sewer plant, and without any kind of realistic restrictions on it; but Councilman Futch explained that this is not the intent of the motion and Councilman Beebe suggested that the motion should perhaps be clarified a little. At this time the Councilmen voted on the amendment to the motion which failed 2-3 (Councilmen Taylor, Futch and Beebe dissenting). Mayor Miller stated that if Pleasanton cannot build a sewer plant for one reason or another and they build one in our community and expand our sewer plant by the payment of money and then use the plant to build their shopping centers and industrial parks it seems that a Council which has made a decision of this kind has made a serious and stupid mistake, and Councilman Taylor replied that the Council has not made such a decision whatsoever with which Councilman Futch agreed. Mayor Miller stated that if the Council is not willing to put land use control on it, why would the majority of the Council offer conceivable sewer capacity? Councilman Futch stated that the Council has not said land use control will not be considered when it comes up. The City Manager stated that he would like to make a comment which might help clarify the matter and stated that he feels their prob- lem has to do with having something like 1 mgd presently connected to their sewer system which they want to divert to a treatment plant. This is a servicing unit already connected and residential in nature. He noted that in his recommendation a certain gallonage should be specified if allowed to connect to our sewer system. Councilman Futch noted that a motion is on the floor which was amended to state that the City does not intend for this to apply to our present capacity or any planned expansion and the Council voted on the motion which passed 3-2 (Mayor Miller and Councilman Pritchard dissenting). CM-27-3l4 January 21, 1974 REPORT RE CIVIC CENTER LAND USE - ROCKETEERS ---., The City Manager reported that the Livermore Rocketeers is a youth organization allowed the use of the Civic Center proterty for a six month period which expired in December. They have requested that they be allowed an extension for use of the property and inasmuch as the Fire Marshall has reported that the Fire Prevention Bureau has received splendid cooperation from the Rocketeers and full compliance to the established regulations governing use of the property, the staff recommends that the Council adopt a motion authorizing extension of their permit for a one year term subject to the rules and regulations of the Fire Department. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the recommendation was adopted. REPORT RE COUNTY REFERRAL RE REZONING APP. FOR NO. SIDE OF LAS POSITAS ROAD Mr. Musso explained the nature of the application of Pacific Union Conference for rezoning from A to C-2 District property located on the north side of Las positas Road, east of North Livermore Avenue, referred to the City by Alameda County. He stated that neither the City's planning or the County's indicate any type of commercial or industrial zone for the proposed use. The City's plan shows the area to be 4 d.u./acre and the Planning Commission recommends that the subject rezoning application be denied, based on the following findings: 1. The proposed rezoning does not conform to the Alameda County General Plan. 2. The proposed rezoning does not conform to the City of Livermore General Plan. 3. The proposed rezoning does not conform to a Specific Plan now being adopted by the City of Livermore. Mr. Musso added that it is felt the best use for the property would be residential, and that the County held a hearing on the matter today which was continued. Councilman Taylor moved that the Council adopt the Planning Commission's recommendation, seconded by Councilman Futch. Councilman Pritchard stated that on advice of private counsel, due to a possible conflict of interest he would abstain from discussion and voting. Councilman Futch commented that he would not like to see a precedent started in this area and that the rezoning would not be in conformance with any of the plans. Steve Chandler, attorney representing the applicant, stated that the hearing was held today by the County and public testimony was not taken and at his request the matter was continued until next Monday in order that the City Council would have time to report back with a recommendation. He then presented an artist's sketch of the proposal being made for a warehousing facility on the l8 acres of land (approximate amount). The purpose is to permit storage of boats and other recreational vehicles so that they are not parked on the streets and there is a need for this type of thing in the City of Livermore. It is felt that low density would be wrong for that area because it is located adjacent to the freeway. CM-27-3l5 January 2l, 1974 (re County Referral re Rezoning No. of Las positas Road) Mr. Chandler felt that maintaining the property in residential zoning will add to the sewer capacity problems and by allowing a warehousing facility, sewage capacity problems will be eliminated. It is felt that if this area is developed as residential that Las positas will realize capacity beyond its present designed capacity. He stated that their environmentalists and engineers indicate that the proposed use would not necessitate any change in Las positas Road and that due to the elevation of the freeway with respect to the location of the property involved, the noise element of the freeway would require the construction of a sound wall 12-14 feet high in some locations to mitigate the sound; such would not be necessary if the proposal were approved. Councilman Beebe asked if the buildings would occupy 18 acres of land and Mr. Chandler stated that they would not and illustrated the area which will be occupied, and Councilman Beebe noted that it would appear that the storage buildings would resemble the airport hangars, and Mr. Chandler commented that the proposal is not a development which would be objectionable from an aesthetic standpoint. Councilman Taylor stated that the Council looked at the General Plan and almost unanimously expressed the opinion that it does not feel right about the residential use planned next to the freeway but is concerned about the fact that it is in the County and development is not subject to regulations of the City and the application specifies that the zoning should be for general commercial district. The proposed use may be carried out for a year or so and since general commercial incorporates all types of uses we may find outselves with a large amount of land committed to retail sales or other such uses if the recreational storage use proves to be unprofitable. Mr. Chandler stated that he can well understand the concern of Councilman Taylor but the proposed rezoning is for C-2 which is a conditional use zoning which means that something cannot be allowed without obtaining a CUP. The applicant, in this case, is prepared to spend approximately one million dollars on the project and would not spend this amount of money without some idea that this would be successful. Mr. Chandler felt that there will be reasonable safeguards placed on the use by the County to insure that the property will be used only for this specific purpose. Mr. Musso stated that this is not true, as gasoline stations and almost every other conceivable commercial use would be allowed in the C-2 Zoning. Mayor Miller explained that the County and City have a policy regarding freeway interchange use and what will be allowed in certain areas, and this is not one of the areas allowed as com- mercial. Councilman Beebe stated that a problem exists because the City does not want commercial in the area and has already said that residential and schools are too close to the freeway. At this time the Council voted on the motion to adopt the Planning Commission's recommendation which passed 4-l (Beebe dissenting). Councilman Futch stated that he feels it is very important that someone from the City attend the meeting and would appreciate it if Mr. Musso would attend, and the Mayor suggested that a letter strongly expressing the Council's views be sent, as well. Also, since this application is strikingly against our General Plan and policies about planned use by the freeway he would like our legal Counsel to investigate options open to us if there is approval by the County. CM-27-3l6 January 21, 1974 P. C. MINUTES OF JANUARY 8, 1974 ~ There being no comments regarding the minutes for the Planning Commission's meeting of January 8, 1974, the minutes were noted and filed. STATUS REPORT RE ZO. ORD . CONFORMANCE TO GEN PLAN The Planning Director reported that the City has been attempting to bring zoning into conformance with the General Plan and by enclosing a map indicated the areas now under study as to future rezoning, future General Plan amendment, or a determination by the City that zoning is in conformance with the General Plan. Mayor Miller stated that some wording should be included to reflect timing and premature development to appear on the map with references to the text of the General Plan where those things are described. They are presently in the General Plan but should also be indicated on the map and suggested that the Planning Commission and Planning staff consider adding the same wording to the map. REPORT RE AIRPORT MASTER PLAN & LAND USE STUDY The City Manager reported that a selection has been made of ~ professional consultant firm to conduct the study of the airport master plan and land use study. The cost of the study would be $28,555 with the City participating in the amount of $9,518 the balance of which will be paid by the FAA. The Airport Advisory Committee and the staff recommend adoption of a resolution authorizing execution of the agreement. Councilman Taylor moved that the staff recommendation be adopted, seconded by Councilman Futch. Councilman Pritchard noted that it has been his understanding that there would be no expansion of the airport and wanted to know why the City intends to spend $9,518 derived from the taxpayers to pay for the study of an expansion not anticipated. Mr. Parness explained that this is not a study for the expansion of the airport but rather a study of the plans for the use of the airport property and what is anticipated is finances being made available by whatever means, not known at this time, to have some supplementary facilities contained within the present site, such as a parallel runway. The other consideration is the abbuting land use for the properties surrounding the airport to extend all the way to the west of Santa Rita Road to Livermore Avenue on the east and about a mile north of the freeway and south to the Southern Pacific railroad tracks. This study is to determine what types of uses should be companion to the airport in the future. Councilman Pritchard felt that the City Councils of P1easanton and Livermore should be capable of determining what the land uses should be without having to hire a consultant and also, if what we have now is sufficient with regard to our present runway, a parallel runway should not be necessary. It appears that our airport is becoming an airport of convenience for several Bay Area communities out of the valley and he would not like to see expansion of the runway to facili- tate a greater use of the airport by people outside of the valley. At present it appears to be sufficient to serve the valley people. CM-27-317 January 21, 1974 (re Airport Master Plan and Land Use Study) Councilman Taylor stated that he believes the County Airport Land Use Commission passes judgment on land use around the airport and felt it would be a good idea to have a master plan that can be referred to the Commission to consider measuring uses against. We may feel capable of making decisions regarding land use around the airport; however, one must take into consideration the fact that all of this land is not in our jurisdiction and never will be. He feels that a lot of airports have gotten into trouble due to their lack of planning and that since our share would be only 1/3 of the total cost, it would be reasonable to have it planned by professionals. As far as expansion to a parallel runway he commented that we do not regulate the amount of traffic coming in and going out of our airport. When the number of people waiting increases, it is his understanding that they are forced to stack in a pattern in the air until they can land and just last week it was mentioned that sometimes when the traffic becomes excessive the traffic pattern extends over the City. There is no way that not expanding the runway will cut down the number of operations at our airport. To stick our heads in the sand and say that another runway will not even be planned may cause us to get into real trouble because this may guarantee that more planes will become stacked and have to wait to land. ---- Councilman Pritchard stated that he feels planes the size of Pipers and Cherokees will not wait around to land and his point is that he would like to discourage the use of our airport by people outside of the valley. Councilman Taylor stated that a limitation in the length of the runway is one way to discourage use but that the use should not be discouraged by making it unsafe. Mayor Miller stated that he would have to agree with Councilman Pritchard in that it is a waste of time and money to plan for a second runway but that there is some merit in planning the area around the airport. He feels that as gasoline becomes more expensive the use of private planes is going to decrease. Councilman Beebe stated that he would like to protect the western portion as much as possible and to design the study around the present length of the runway and to let the consultant know that we are not interested in a recommendation to expand into an inter- national airport. Mayor Miller stated that he feels if the facilities are available and in an area which generally has little fog, it will generate more traffic to use a second runway. Councilman Pritchard stated that he feels this grandiose planning is simply a "foot in the door" to enlarge and expand to an airport that is sufficient as it is. Councilman Futch asked where the money will come from for the City's participation and the City Manager replied that this will come from the Airport fund and Councilman Futch stated that it was his under- standing that it was the responsibility of the Land Use Committee to take care of the land planning studies and is therefore confused as to why the City should pay to have a study done. The City Manager explained that they have an area defined that in- corporates their area of jurisdiction and any intended land use that falls within this area is subject to their review. In the process of the review they will take into account local land use and planning intentions and abutting public jurisdiction land use intentions. It has not been his opinion that it was the intention that they should compose a master plan for the abutting properties. CM-27-3l8 January 2l, 1974 (Airport Master Plan and Land Use Study) Mr. Lee stated that part of the study is to make a forecast of the airport needs and a decision that we do not need a second short runway adjacent to the present runway in the absence of this infor- mation could be a gross error. In the case of the old airport, a decision was made to develop right at the end of it without really having assessed the situation. This proposed study will tell what the needs are, the forecast and the problems the different levels of traffic will create. It is, essentially, an environmental study which will show the impact regarding the levels of traffic, and in his opinion the $9,5l8 would be well spent in getting this informa- tion. This study will tell what type of uses should be allowed at various locations in relation to the airport so that uses not established at this time will not at a later time encroach on the airport and likewise the airport will not encroach on some valuable use that could come about in the future. It is information that we really should have. The City Manager stated that he would advise the Council the same even if the City had to spend the entire $29,000. Councilman Futch stated that he can agree with a lot of things Mr. Lee has pointed out and can certainly see the need for such a report. At this time the Council voted on the motion which passed 3-2 with Councilman Pritchard and Mayor Miller dissenting. RESOLUTION NO. 6-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT RE AIRPORT MASTER PLAN AND LAND USE STUDY. REPORT RE COOPERATIVE AGREEMENT WITH COUNTY RE EAST AVE. IMPROVEMENTS The City Manager reported that the next item on the City's priority list of projects of City-County expenditures is the East Avenue- Vasco Road intersection and the public works project along East Avenue from Nielsen Lane to Greenville Road. The design work is to be done by the County with the exception of the traffic signals at Vasco Road, the landscaping, irrigation for medians and sanitary sewer or water mains required. It is important that the engineering segment of the project be completed as soon as possible and it is recommended that the Council adopt a resolution authorizing execution of an agreement. Councilman Pritchard moved that the Council adopt the resolution authorizing execution of an agreement, seconded by Councilman Futch. \. ) Councilman Futch commented that East Avenue has more bicycle traffic than any other street in town and that there has been a 50% increase since the bike path has been installed. It is a major avenue for bicycle flow to and from the Lab and therefore feels that he would like to make an amendment to say that biCYCle traffic should be an integral part of the design of the intersection and would suggest that input from various groups concerned with it such as LLL and the Bikeway Association and Sandia be contacted as these groups have been instrumental in obtaining the bikeway. He stated that it is difficult to plan for the 5:00 p.m. traffic that occurs simultan- eously with the automobile traffic that is there. Councilman Pritchard seconded the amendment to the motion. Mayor Miller stated that it has been expressed to him that care should be taken to make sure that bicycle traffic will have no problem in getting through the Vasco Road intersection after the signals have been installed. CM-27-319 "'--"'''-'_.'~'---'-'---~''-----'-'---'''--^''-'~''~''-~~"----~~-"._~~-,--.,~.._._-,.,-,._.,--- January 21, 1974 (Agreement with County re East Avenue Improvements) Mayor Miller stated that this had been a suggestion by one of the members of the Bikeways Association and that a member had also asked in what sense should East Avenue be widened? In considering the future, perhaps widening of the automobile lanes may not be the wise choice to make. Wh~some may have doubts as to the reality of the energy crisi ~ 0 the1ess, the concept of energy crisis is valid and wil:Utbe upo . us if not now, in several years, and ;~s a consequence the use of the automobile may sharply decline and \~ ~erhaps the the widening should be to the bicycle lanes rather ...than ~ the automobile lanes or at least should be considered. Mr. Lee explained that the standards provide for two lanes for automobiles going each way in addition to an emergency lane which could be used for bicycle paths but there should be some consideration as to placing an additional bike path off the street. The design of the traffic signal will allow a flexibility so that bicycles can get through. Mayor Miller stated that the amendment to the motion and the comments by the majority of the Council indicate that bicycles should play a major role in the design of the widening to take place, with which the Council concurred. At this time the Council voted on the amendment to the motion which passed by a unanimous vote of the Council. The motion was then voted on which passed by a unanimous vote of the Council. RESOLUTION NO. 7-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (ALAMEDA COUNTY) ORD. RE MUNI CODE AMEND. RE CAMPAIGN STATEMENTS Councilman Futch moved that the Council adopt the ordinance relating to campaign statements, contributions and expenditures, as drafted, seconded by Mayor Miller. Councilman Taylor asked if this is an urgency ordinance requiring a 4/5 vote and the City Attorney replied that it is. Councilman Futch stated that there could be three additional people on the Council which will allow some experience after having gone through an election using the ordinance and it might be appropriate to reconsider it. Mayor Miller stated that he feels there are some aspects of the ordinance which could have been improved but in order to accomplish the adoption it is not worth arguing at this time. Councilman Taylor stated that he feels a 4/5 vote is required to pass an urgency ordinance to eliminate waiting until the last min- ute to pass an ordinance that has not been thought out. It should be made sure that the ordinance is correct and there had been some discussion regarding penalties and it would be correct and reasonable to consider an ordinance such as this in due course. Glen Strahl, 768 Adams Avenue, expressed concern over the ordinance and one of these concerns is the fact that it is an urgency ordinance. CM-27-320 January 21, 1974 (Ordinance re Campaign Statements) /- Mr. Strahl stated that it seems to be aimed at avoiding problems with regard to elections - perhaps influence on the part of some wealthy person. There seems to be no indication of discussion regarding a specific case involved in the upcoming election which would require urgent corrective action and would agree that this ordinance needs a lot of careful consideration, discussion and debate. He stated that he would assume the ordinance is designed to avoid the influence of large contributors in a political campaign. He felt a lot of people may be discouraged from contributing if their names are posted, as this is also an indication as to how they intend to vote. He feels that this tends to get around the secret ballot method of voting which he feels is important and that a lot of people do not want others to know who they are voting for but might feel strongly enough about a candidate to donate money for a campaign. He feels this ordinance would destroy a lot of grass roots support for political campaigns and that even though he feels this was not the intent it is a possibility and urged that the Council give the matter more consideration prior to passing the ordinance. Councilman Beebe stated that he would have to agree with the comments mentioned by Mr. Strahl and as he has mentioned before he feels we will be very well protected if we follow the state ordinance governing this procedure, and stay away from the "nitty gritty" little things the Council has discussed in the past. At this time the Council voted 4-1 to adopt the ordinance, as drafted, with Councilman Beebe dissenting. ORDINANCE NO. 834 AN URGENCY ORDINANCE AMENDING ARTICLE V, RELATING TO CAMPAIGN STATEMENTS, OF CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959, TO REGULATE ELECTION CAMPAIGN CONTRI- BUTIONS AND EXPENDITURES. The title of the ordinance was read by the City Attorney. MATTERS INITIATED BY THE STAFF (re Directional Signs) Mr. Lee reported that there has been a request by a member of the Council with regard to consideration of signs on First Street to indicate directions to the freeway. The state has been contacted, they have been out to assess the situation and should soon be responding. (re Traffic Congestion at First & No. Livermore) Mr. Lee stated that the problem of traffic congestion due to the left turn lane going north, and that the people going north on North Livermore Avenue were having difficulty at the intersection at First Street. This area has been observed and it appears that it does not constitute a serious problem in addition to the fact that there does not seem to be a way of improving the situation. It is anticipated that plans for the entire intersection will pro- ceed and the State Division of Highways is processing it at present. It is hoped that any problems will be alleviated through the improve- ment to take place. CM-27-32l January 21, 1974 (re Vacancy of Ravenswood Property) The City Manager reported that the Ravenswood building has been unoccupied for a couple of months and that some work has been done to the building in anticipation of its being used. unfortunately, as soon as it was vacated there have been problems with vagrants and other types of persons and the only alternative appears to be the suggestion that someone live in the structure as was originally the case. One of the City employees has expressed a desire to live in the building and tentative rental terms have been agreed upon which can be discussed with the Council when the staff brings back the rental arrangement. The important thing at this time is that it is necessary to do some minimal work in order that it is habitable such as a furnace, as there is no heat in the building, and a water heater and some lights, etc. He would like to obtain permission from the Council to spend approximately $2,000 for the needed structural modifications in order that it can become useable for occupancy and feel secure in the fact that the property will not be vandalized. Councilman Taylor moved that the request for $2,000 be granted, seconded by Councilman Futch and which passed by a unanimous vote. (re Track Relocation project Report) The City Manager stated that he is sorry that an important matter such as the railroad track relocation project has been reported on by him in the way of a written report which he handed the Council just prior to the meeting and offered to read the report to the Council. However, the Mayor felt it might be best to allow each Councilman the time to read the report and called for a brief recess. RECESS After a brief recess the meeting resumed with all members of the Council present. (Continued Discussion re Track Relocation) The City Manager explained that results regarding the track re- location matter have transpired rather rapidly during the past few days and inasmuch as Councilman Taylor will be absent for about four weeks and Mr. Parness will also be gone, he felt it necessary to inform the Council on the matter of increased costs in the track relocation project. He reported that certain improvement costs have been disallowed for the matching state funds anticipated in addition to the fact that costs of construc- tion have escalated and the low bidder estimates that these costs will be approximately $80,000 higher than indicated. The amount of the excess costs to borne by the City would amount to $58,000 over the amount originally pledged by the City. The report also stated that an appraisal has been made of the cost-benefit which indicates that at such time as the full commer- cialization of the Southern Pacific property is done the annual return to the City will be in excess of $170,000 which does not include taxes applicable to inventory and is considered to be a conservative estimate regarding the return to the City. It is respectfully urged that the Council authorize a City expenditure of approximately $408,000 for the project. Councilman Taylor stated that there is no question about the fact that the project is well worth the money and moved that the Council authorize a pledge of $408,000, seconded by Councilman Pritchard. The motion passed by a unanimous vote of the Council. CM-27-322 January 21, 1974 MATTERS INITIATED BY THE COUNCIL (Illegal Turns Onto Pacific Ave.) Councilman Beebe stated that people have been telling him that they notice cars turning onto Pacific Avenue from South Livermore Avenue into the area where cars are suppose to be coming off of Pacific Avenue onto South Livermore Avenue, in error, which is against the traffic on Pacific Avenue. He suggested that some type of sign be provided to state "no entry" or something to make the intersection less confusing. (Resolution to Commend Bob Yee) Councilman Futch stated that he would like to see the staff write a letter to Bob Yee thanking him for his service on the City staff and Councilman Pritchard suggested that a resolution be prepared rather than a letter, with which Councilman Futch agreed, adding that Bob has been a very valuable staff member. The staff was directed to prepare a resolution of commendation. (Enos-Portola Intersection) Mayor Miller stated that a gross intersection has been created by the City staff at Portola Avenue and Enos Way which he feels is a disaster and stated that something should be done, suggesting that it be ripped out or redesigned. It is an enormous irritation for anyone trying to turn left from portola Avenue onto Enos Way. Mr. Lee explained that Enos Way is askew making a difficult inter- section and as the traffic increases the intersection becomes more hazardous. The Mayor stated that the fact there are dividers located there is not unreasonable but the spread of these dividers should be looked at again. (Sign Ordinance Violations) Mayor Miller stated that there has been some discussion over a few years with regard to a means for handling the zoning ordinance, sign ordinance violations and at one time a citation procedure was suggested. He felt that since we have a new judge in Livermore the problems should be discussed and if the Council has no objection he would like to meet with the judge and the district attorney's representative, the City Attorney and Mr. Musso to see if something can be worked out for handling the violations. ( Councilman Taylor stated that he would presume that 'prior to institut- ing any procedure the Mayor would seek the approval of the Council and the Mayor assured him that this would be done. The City Attorney commented that he would like to look at the broad question of the efficiency and desirability of having the district attorney prosecute all of our cases even though it has been traditional in this County. He stated that if it is both efficient and traditional as well as effective this is fine but there may be a possibility for change. CM-27-323 January 21, 1974 ADJOURNMENT There being no further business to come before the Council, Mayor Miller adjourned the meeting at 11:00 p.m. to a brief executive session for the purpose of discussing appointments to the Housing Authority. APPROVE IJ~ 9--J,~ ATTEST ~~MaYor C~ty Clerk Livermore, California Regular Meeting of January 28, 1974 A regular meeting of the City Council was held on January 28, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:09 p.m. with Mayor Miller ?residing. ROLL CALL PRESENT: Councilmen Beebe, Pritchard and Mayor Miller ABSENT: Councilman Taylor (Excused Business) Councilman Futch PLEDGE OF ALLEGIANCE Mayor Mil~er led the Council members as well as those present in the audience, in the Pledge of Allegiance. COUNCIL MINUTES On motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote, the minutes for the meeting of January 21, 1974, were approved as amended. OPEN FORUM (Request for Cab Service Permit) Steven paich, new owner of the A Cab Service in the City of Liver- more stated that he would like to keep the cab service running for the people of Livermore and especially the senior citizens and requested that he be allowed an owners permit to own the cabs and cab company in the City of Livermore. Mayor Miller stated that he believes a hearing will have to be held in order to issue such a permit and that there has to be a notice published to inform people that a hearing will be held, and suggested that a public hearing be scheduled for next week. CM-27-324 January 28, 1974 (re Taxi Service) The City Attorney explained that the cabs could be continued to operate under the present owner's permit if this would be agreeable to the owner and if the owner agrees to be responsible. Mr. Paich could act as manager of the cabs in this case. He explained that the permit for the cab business is not transferrable under the City Code but there is a provision for an emergency permit which the Council can award if it desires, under certain circumstances which he read from the Code to the Council. Councilman Pritchard commented that he has received telephone calls from people asking what the City intends to do about providing a taxi cab service for them and the Mayor suggested that the Council authorize an emergency permit to last one week, and Councilman Pritchard moved that a resolution be adopted authorizing a permit to be granted by the Chief of Police, upon his satisfaction of the requirements for the one week period, seconded by Councilman Beebe and which passed by a unanimous vote of the Council. RESOLUTION NO. 12-74 A RESOLUTION AUTHORIZING ISSUANCE OF TEMPORARY TAXI PERMIT SPECIAL ITEM - REPORT RE RECYCLING CENTER Lois Hill, 874 Adams Avenue, gave an oral report regarding the opera- tion and success of the recycling center which has been in operation for three years, beginning its fourth year. She stated that a group of 21 young adults does the supervising and decision making in the operations and that the center is very grateful for the cooperation of the Livermore Disposal Service who has provided free bins and transportation at very low rates. The balance of the loan that the center had obtained for the can crusher has been waived and this will mean an additional $40 profit per month to the sponsors. She stated that business has declined, however, since the relocation of the center behind the barn and would appreciate more signs to indicate the location. Another reason for the decline is the fact that various organizations are having paper drives for fund raising and also there is less business during the cold weather. Mrs. Hill then gave a report on the anticipated profits to the sponsors and asked that the City continue its support as an official body as well as individual participation. Mayor Miller stated that one of the reasons not mentioned for the success of the recycling center is the dynamic leadership of Lois Hill, with which the Council concurred, and the Mayor stated that Councilman Futch has expressed appreciation for the fine work the recycling center has done and that this be conveyed to Mrs. Hill and the group. Councilman Pritchard felt that there should be a word of commendation regarding the neat and orderly way in which the center is maintained. It was noted that the Council, on behalf of the City, is very appre- ciative of the work being done and hopes for continued success. ( CONSENT CALENDAR Res. Appointing Members to Housing Authority A resolution was adopted by the Council appointing members to the Housing Authority. RESOLUTION NO. 8-74 RESOLUTION APPOINTING MEMBERS TO THE HOUSING AUTHORITY (Leo Gutierrez and David P. Mandeville) CM-27-325 January 28, 1974 Res. Commending Robert S. Yee The Council adopted a resolution commending Robert S. Yee on his departure from service with the City of Livermore. RESOLUTION NO. 9-74 /~ ( , ~; -_/ A RESOLUTION COMMENDING ROBERT S. YEE ON HIS DEPARTURE FROM DISTINGUISHED SERVICE WITH THE CITY OF LIVERMORE. Res. re General Municipal Election A resolution was adopted appointing election officers, consolidation of precincts and polling places for the General Municipal Election to be held on March 5, 1974. RESOLUTION NO. lO-74 A RESOLUTION APPOINTING ELECTION OFFICERS, CON- SOLIDATION OF PRECINCTS AND POLLING PLACES, HOURS TO BE OPEN AND FIXING COMPENSATION OF ELECTION OFFICERS. Report re Salary Resolution Modification The City Manager reported that in accordance with a memorandum agree- ment with the Livermore Firemens Association, a salary adjustment should be allowed effective February 1, in the amount of 6% for firemen and 5.1% for fire lieutenants. In accordance with the City Manager's recommendation, a resolution amending the salary schedule was adopted. RESOLUTION NO. ll-74 A RESOLUTION OF THE CITY OF LIVERMORE AMENDING RESOLUTION NO. 165-73, WHICH ESTABLISHES A SALARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE AND ESTABLISHES RULES FOR ITS USE, BY CHANGING CLASSIFICATION CODES 804 and 805. Report re Property Acquisition - Water Conservation Fund (Medeiros Parkway Area) The City Manager reported that we have received notice of a $64,569 state grant to be allocated to our City for the purpose of open space acquisition. We applied for $250,000 for the purpose of acquiring property incorporating the Medeiros Parkway west of Murrieta Boule- vard and since the grant allowance is much less than requested, only a portion of the total acreage can be acquired - approximately $125,000 worth of land (the City matching the state funds). However, it is anticipated that we will receive grants in future years and it is recommended that the Council adopt a motion referring the matter .~ to the staff for property appraisal purposes and negotiations of property purchase within the bounds of the financial allotment. Quarterly Report - City Attorney A quarterly report regarding the activities and plan of the City Attorney's office was presented to the Council and Councilman Pritchard noted that he appreciates these reports and finds them very informative. CM-27-326 January 28, 1974 APPROVAL OF CONSENT CALENDAR Prior to approval of the Consent Calendar, Councilman Beebe noted that with regard to the resolution commending Robert Yee he would like to state that Mr. Yee has been a very fine City employee and the Mayor stated that this certainly has been the case, and on motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote the Consent Calendar was approved with the comments noted as made by the Council. COMMUNICATION FROM BASSA RE JOINT POWERS AGREEMENT A letter was received from BASSA regarding our Valley-wide Joint Powers Agency in which it was noted that they are pleased with this achievement - an effort to solve the Valley's water quality problems. The letter also stated that they are prepared to assist in this program and offered service if we so desire. Mayor Miller stated that he attended a meeting of the Valley Water Interests Committee last week at which time there was discussion regarding the 208 Planning Agency situation. A statement was drafted to submit to the State Water Resources Control Board and indicated that the Council should have a copy of the statement by next week. He stated that all five members present agreed on the wording of the submittal. CONTINUED DISCUSSION RE PLANNING UNITS 8 and 9 Continued discussion of Planning Units 8 and 9 was scheduled for this meeting but Councilman Pritchard moved that the matter be postponed until the meeting of March 18th at which time a new Council will be seated and there is a possibility that some of the new Councilmen will have had a part in the planning for this area, seconded by Councilman Beebe and which passed by a unanimous vote. The City Attorney noted that in connection with this item he would like to report that the City has received service of process in a law suit brought by the Elliott Construction Company concerning some of the land in Planning Units 8 and 9. It is intended that the City will take initiative in the suit rather than responding and he will brief the Council at a later date prior to doing so. (\ Mayor Miller stated that he would like to comment, for the record, regarding continuation of this matter. The issues involved in Planning Units 8 and 9 have to do with location of commercial and some residential but behind the specific plan are the questions ultimately involved with the General Plan review which is in process now and there may be changes in specific zoning and density in exist- ing zoned areas. These things must be resolved prior to adoption of this specific plan; therefore, the continuation is a part of the overall General Plan review. He explained that the specific planning is done, but the final density and zoning are not resolved until the General Plan review is finished. If it turns out that the moratorium runs out and we have to adopt the specific plan because we do not have the time by law to finish, then we will adopt a specific plan that is proper. Mr. Musso had commented that the moratorium is only good for about two years. ~M-27-327 January 28, 1974 (re Planning Units 8 and 9) Mr. Musso stated that the authority to have a moratorium is based on the fact that planning is being done, and if there is to be no planning for two years the authority to have a moratorium will be lost. The Mayor stated that the matter has not been dropped but has been continued to March 18th, and the specific plan review and General Plan review are part of an ongoing process carried on in parallel. c) REPORT RE SEWER SERVICE APPLICATION The Planning Director reported that a request has been received from Dan J. O'Neil for a sewer connection to serve a single family residential use located on the east side of North Livermore Avenue adjacent to the City Limits and Sunset Homes subdivision. The house will be located at the end of Cornwell Street and located so as not to block future extension of the street and the staff would like to know whether or not the Council would authorize the execution of such an agreement. The Council discussed the matter and Councilman Beebe asked if this replaces an existing house, and Mr. Musso replied that it does, and Councilman Pritchard asked what the policy has been. Mr. Musso explained that normally the policy is to allow the sewer connection but during the past six months the Council has not necessarily followed this pOlicy. Mayor Miller stated that he can understand the reason such may not be allowed and noted that we have twice as much sludge going through the digesters as they are ddesigned to carry and the sewer plant is somewhat unstable. until the sewer plant is expanded, any connections we have out that are permissible under the last amendment to our water ordinance. Approximately 150 are inside the City and should be available to make use of a sewer plant which is not yet capable of handling connections outside the City. In his opinion the people in the City limits should have the first opportunity to connect to the sewer plant rather than somebody outside and would argue to this point. He stated that if they annex to the City they would be able to partake of the building permits available in the City. Mayor Miller continued to state that in the issuance of building permits, in a tight situation, the oldest recorded lot should come first, and Councilman Beebe felt that this was reasonable; however, he stated that there appears to be no rush to take out the last available permits because they are outside of major tracts. They are for scattered lots and tracts not accessible. Councilman Beebe stated that he would rather have the O'Nei1s hook up to the City's sewer system than to have a septic tank, and suggested that this be counted as one of the outstanding permits. He moved that since this is an application with extraordinary cir- cumstances in that it is so close to the City and we do not want a septic tank there, that the Council authorize the staff to ne- gotiate the usual papers with the applicant, seconded by Councilman Pritchard, who commented that he assumes this motion is made with the understanding that City regulations will be followed and Council- man Beebe stated that this is correct. n At this time the motion passed by a unanimous vote of the Council. CM-27-328 January 28, 1974 REPORT RE ANNEXATION APP. - 29 ACRES SO. OF ALDEN LANE o The City Manager informed the Council that a request has been made for annexation of 29 acres of uninhabited land south of Alden Lane, west of Holmes Street. The staff reports that the area is in an odd configuration in that it is long and narrow and that properties on the east side of Holmes Street might be included in the annexation if possible and recommended that the staff and Planning Commission consider the matter for report. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote the staff recommendation was adopted. Prior to the vote Councilman Beebe commented that part of the annex- ation to be considered, which is the east side of Holmes Street has walnut trees and he would not want to see pressure put on the owners to annex and then turned into homes immediately. Councilman Pritchard stated that it would be better to be annexed to the City and have it zoned Agricultural by the City rather than to have the County Assessor put pressure on them because of the potential development. He also raised the possibility of creating an agricul- tural preserve. There was no further discussion on the matter, as it will be reported on by the Planning Commission and staff for future discussion. REPORT RE JR. COLLEGE UTILITY LINE EXTENSION Mayor Miller stated that Councilman Futch plans to come t~ the meet- ing as soon as he can arrive and would like the matter of the Junior College utility line extension to be postponed until his arrival, at the end of the meeting, with which the Council concurred. REPORT RE PROPERTY ACQUISITION ALONG E. STANLEY BLVD. The City Manager reported that the contract in effect with Alameda County provides for the widening of East Stanley Boulevard from Isabell Avenue to Murdell Lane. Five small parcels are required for the street widening and it is recommended that the Council adopt a motion authorizing conduct of an appraisal and property purchase. Councilman Beebe moved that appraisal and negotiation for property purchase be authorized, seconded by Councilman Pritchard, which passed by a unanimous vote. SUMMARY OF P. C. MEETING ACTION (\, . i The summary of action taken at the Planning Commission meeting of January 22, 1974, was noted for filing. , ORD. RE ZOo ORD. AMEND. RE ACCESSORY BUILDINGS & BUILDING HEIGHTS Councilman Beebe moved to introduce the Zoning Ordinance amendment regarding various sections - accessory buildings, and building heights, seconded by Councilman Pritchard and which passed by a unanimous vote, and the title was read by the City Attorney. Mayor Miller noted, prior to the vote, that he would vote for the ordinance for the purpose of expediting Council business but on principle, objects to the ordinance. CM-27-329 January 28, 1974 MATTERS INITIATED BY THE COUNCIL (re Inequitable Tax Assessments) Councilman Pritchard commented on the apparent inequities in the method used by the County Tax Assessor's Office for the increase in residential assessments compared to assessments of commercial and industrial property. He pointed out that he purchased a home for approximately $36,000 and that in 10 months the assessed evaluation of that home increased $12,000. He pointed out that this is not an isolated case, as he has had numerous telephone calls from irate individuals who have experienced similar tax increases. In the past four years it appears that increases have occurred from l8 to 57% and taxed accordingly upon residential property and that in comparable commercial and industrial property it is found that during this same period these properties have had possibly only one very small increase or none at all. Some of the commercial or industrial properties have been assessed at three times less value than the selling price in the current year. He stated that this is grossly inequitable and it is time that the City of Liver- more put some pressure on the County of Alameda through the Board of Supervisors, or whatever channel is appropriate. He added that he does not mind if he is assessed for the true value of his property if all other properties are being assessed in the same manner. He asked that the Council join him in bringing pressure to bear on the County, legally if possible or if necessary perhaps in the way of a writ of mandamus for the purpose of bringing the County around to the position that they should assess in a more equitable way. Mayor Miller stated that he would agree with this statement because when the City has purchased land or looked at land the assessment has been twice as low as what the assessor appraises the land as the market value. The appraisers systematically quote a price twice as much as the appraised value, which means that there is a systematic underassessment. This means that the residential property owners are picking up more and more of the taxes which should be paid by the commercial and industrial property. Councilman Pritchard then moved that the staff be directed to write a letter, on behalf of the Council, to the County Supervisors with copies sent to the Assessor's Office asking them what kind of action they intend to take, if any, and how soon. If we don't have a re- sponse within a reasonable period of time ask our attorney to investi- gate what legal action might be taken by the City, seconded by Council- man Beebe. COUNCILMAN FUTCH WAS SEATED DURING THE ABOVE DISCUSSION, PRIOR TO THE MOTION. It was noted that the Council would like some response prior to March 1. Mayor Miller summarized by stating that the Council would like a letter sent soon, possibly by the next meeting, asking the Super- visors for some relief for the residential tax payers and if there is not a response the City Attorney will be asked what legal action can be taken. i \ U ~ .------...." Councilman Futch commented that he has not heard all of the discussion and is not sure that he will vote for the motion. Mayor Miller stated that the Assessor's Office imposes an annual factor in big chunks allover the City, uniformly, by which he raises assessments and there is no reason, in principle, why this annual factor could not be imposed on commercial and industrial property. The motion passed by unanimous vote. CM-27-330 January 28, 1974 (Accidents on Arroyo Road at Concannon Blvd. Intersection) o Councilman Pritchard stated that he has witnessed two cars which have gone over an embankement while traveling on Arroyo Road, south, where you must either turn right onto Concannon Boulevard, or jog over to the narrow Arroyo Road and suggested the possibility of painting a triangle or something there to help identify the prob- lem. He stated that at present there are arrows painted on the pavement but something additional should be done. (Portola - Enos Way Intersection) Mayor Miller stated that he continues to receive a stream of tele- phone calls from irate citizens concerning the intersection at Porto1a Avenue and Enos Way. Mr. Lee stated that there are a number of proposals for improvements for this intersection that he would like to review with the Mayor. DISCUSSION REGARDING REPORT RE JUNIOR COLLEGE UTILITY LINE EXTENSION Mr. Lee reported that the Council has asked that the staff look into the question of the sizing of the utilities to be installed up to the junior college site which has been done and has been included in the Council's agenda. As previously indicated, the fire flow requirements for the junior college dictates the size of the water main leading up to the junior college rather than the consumption by the college; therefore, there would not be a reduction of the cost for providing water to the north side of the highway, whether or not areas outside of the junior college are included. As for the sanitary sewer lines, there would be a difference - there could be lines sufficient to satisfy the requirements of the junior college or a line that would serve the entire area. It is recommended that the Council adopt a motion reaffirming the intention to install sanitary sewer lines and water lines at sizes that could accommodate abutting land uses at some future date. Mayor Miller stated that he originally objected to the placement of larger lines because it would spur the leapfrog development and he has not changed his mind regarding this aspect. Councilman Futch felt the Council is facing something which is inevitable which is that we will have to provide utilities to service the north side of the freeway and that there is not much of an alternative except to approve facilities to serve the north side. If we don't someone else may provide services which may cause more problems than what we will face if we provide them. If we pro- vide facilities we can collect fees sufficient to pay for expansion of our water and sewer plants as well as parks and schools. If the County provides these facilities there is no guarantee as to what will happen. ('\i '. / Mayor Miller stated that larger lines will not influence LAFCO or the County, as their minds are already set adding that we have a better chance of understanding by the EPA, the Air Pollution Control District and State Water esources Control Board and Air Resources ,Board due to the air q 1ity problems in the valleYJ~ to-L r;~r ~7UJ-.J-. ~f;~ t~j ~ ~~~~cP,t CM-27-33l January 28, 1974 (Junior College Utility Lines) Councilman Futch stated that if the County develops the land the City cannot control development; however, if the City pro- vides the lines and develops the area then citizens can come down and speak to the Council regarding their wishes for develop- ment which might take place. Mayor Miller stated that he feels this would be committing the City to a leapfrog development and Councilman Futch replied that he does not feel this is true because the timing and type of development can be controlled. u Councilman Pritchard suggested providing facilities to serve the present needs and if and when development does occur which may be sometime in the future, those who develop should pay for the utilities they will be using. Councilman Futch stated that he feels the image of Livermore is important and that we may win the battle but lose the war and to prevent this from happening he felt we should provide for reasonable development on the north side of the freeway. Mayor Miller stated that he feels this would be making a serious planning mistake and that the image the City has received is due to the Associated Home Builders' pressure, and approving oversized lines will not reduce the pressure or image they are trying to create. Also, while only $60,000 is saved, it means that the junior college will have to put up $30,000 less for the smaller lines since they have agreed to pay for half of the cost of the lines. Councilman Pritchard commented that he detects a standoff among the Council members and would suggest that the dis- cussion be postponed until the meeting of February 19th, the next date a full Council is expected to be present, with which the other members of the Council agreed. He stated that if he felt the image of Livermore would be improved by installing the larger lines he would agree to it; however, he felt that this action would not change the views of the public. Councilman Beebe stated that he feels the Council's op1n1on is negative and that even at this stage, if the members of the Council met with the people north of the freeway who are proposing a new town outside of Livermore with no control by the City of Livermore that they would be willing to discuss the matter and would understand that when our rezoning is finished and that after there is some relief at the sewer plant that there could be some modest annexation and develop- ment on that side of the freeway. Until the problem is faced head-on, the Council is fighting a negative war. At this time Councilman Pritchard moved that the Council con- tinue the matter until the meeting of February 19th, seconded by Councilman Beebe and which passed by unanimous vote. ADJOURNMENT There being no further business to come before the Council, the Mayor adjourned the meeting at 9:30 p.m. to a brief executive session for the purpose of discussing appointments. APPROVE ()~~ 3J.I\\i~'V Mayor ATTEST C1ty C erk Livermore, California CM-27-332 Regular Meeting of February 4, 1974 A regular meeting of the City Council was held on February 4, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Miller presiding. ,--- \~) ROLL CALL PRESENT: Councilmen Futch, Pritchard and Mayor Miller ABSENT: Councilmen Beebe (Seated Later) and Taylor (Excused - Busines~ Trip) PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. COUNCILMAN BEEBE WAS SEATED AFTER THE PLEDGE OF ALLEGIANCE. COUNCIL MINUTES On motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote, the minutes for the meeting of January 28, 1974, were approved as amended. SPECIAL ITEM - RES. OF COMMENDATION (Lee Estes - Photography) At this time Mayor Miller read a resolution commending Lee Estes for his outstanding photography award recently received and contri- butions to the community which was adopted on motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote. RESOLUTION NO. l3-74 A RESOLUTION OF COMMENDATION FOR OUTSTANDING PHOTOGRAPHY BY LEE ESTES OPEN FORUM (re Springtown Petition in Support of New Town) Bill Older, l524 Hollyhock stated that he would like to read an article which appeared in the weekly periodical circulated among the members of the Springtown Association, for the record, as follows: FROM YOUR BOARD OF DIRECTORS - A series of articles has appeared in a local newspaper within the last week which sets forth the apparent plans of the so-called Geldermann-Las positas City development which proposal includes 9,000 acres north of Highway 580 and is very close to, but not wholly contiguous to our boundary limits. The most recent .~. article outlines a forthcoming petition which is purportedly prefaced as follows: "We the residents of the Greenville North, Greenville West, Proud Country, Springtown, Casa Pacific, Driftwood (et all -- -do hereby petition the county Mayor's Council to approve Mr. Geldermann proposed New Town proposal." Mr. Older stated that the Board then stated , "We sincerely urge all residents of Tracts 2370 and 2240 to refrain from signing this or any similar petition until the problems of increased Taxation, Ecology and kindred matters have been resolved". CM-27-333 February 4, 1974 (Springtown Petition in Support of New Town) Mr. Older commented that two copies of the Geldermann proposal and phasing have been sent to the City Managers Office which he read portions of to the Council while pointing out various problems that will arise with the various stages of development including availa- bility of water to the New Town and ecology problems, as well as the statement that, "it is anticipated that the New Town will be served by the existing School District, Recreation and Park District and Zone 7...". Mr. Older stated that in his opinion the proposal for a New Town is an "ill wind that can blow no good". Mr. Older added that Springtown stands for balanced growth, what the City Council stands for, and that the people of springtown are behind the City. \ ) "'--- ~ Councilman Pritchard stated that he appreciates the points brought out in the prospectus and would like to see a copy of it. Mayor Miller stated that he is sure the Council will get copies of the prospectus but the City received only two copies. Councilman Futch stated that he appreciates the viewpoint of Mr. Older and those he speaks for but also feels that the people in Greenvi11e North have legitimate complaints with regard to services they are receiving. He stated that he disagrees that they will get these services by supporting the New Town development, however. PUBLIC HEARING RE JUDSON PROPERTY REZONING - So of I-580 Mayor Miller explained that a continued hearing has been scheduled regarding a rezoning application by Wm. Judson for the property lo- cated south of I-580, west of First Street, until this time and that the Public Works Director had an oral report to present. Mr. Lee explained that since the last time the matter was dis- cussed (January 14) he has met with the representatives of the Judson property and has been told that the property owners are prepared to provide a 30-foot driveway access south of the Union Station, adjacent to the Arroyo Seco channel and which might in- clude some of the Union Station property. The precise amounts have not been stated at this time but there will be a 30-foot driveway and in addition they will provide a merging lane onto First Street which Mr. Lee feels would be satisfactory and would eliminate prob- lems associated with entrance on the north side of the station. The Mayor wondered what can be done to insure reconstruction of the bridge and Mr. Lee explained that it will be the same as with any other improvement - this could be a condition of approval of the site plan, bond required for improvements at the time the permit is taken out, etc. Councilman Futch asked what the distance would be between the drive- way and the channel and Mr. Lee replied that negotiations are still going on and this has not been decided; however, a 30-foot driveway will be provided, and Councilman Futch stated that his concern is over the fact that there possibly may not be sufficient width re- maining for Zone 7's right-of-way, and Mr. Lee stated that this had been mentioned and Zone 7 will still have the present right-of- way. Councilman Beebe wondered how many acres were involved and if this detail had been worked out. It was noted that it was intended to be four acres. Councilman Futch felt that perhaps the rezon1ng should not be approved prior to details such as this being worked out and Mr. Musso explained that this can be done at the time of the final ordinance, and could be a condition of the ordinance. Councilman Futch stated that he believes the property owners should agree to such a condition being included in the ordinance. CM-27-334 February 4, 1974 (Judson Property Rezoning) o Mayor Miller stated that the amount of land to be dedicated to the City and the amount to be rezoned to commercial is not clear and it seems that it would not be very wise to approve something when all the details have not been resolved and when it is not known how much property is involved. He commented that he believes the City was to have been provided with a survey done by the property owners, and Mr. Musso felt the City could provide this information. David Madis, attorney representing the property owner and developer, stated that they have no objection to putting the matter into such form that the staff may feel is proper and necessary. He commented that they would be pleased to come back next week if this is the case but would like some idea as to how the Council will vote on the re- zoning. They concur with Mr. Lee's suggestion for the access to be worked out as a proper condition of approval and as far as the exact acreage to be rezoned it was their understanding that the City would provide this information. They would, however, like to have 5 acres. They would like approval, subject to conditions of access, etc. being worked out with the City staff and if necessary will come back next week for approval on the conditions. They would like to have the con- currence and approval of the CS Zoning, bearing in mind that the Plan- ning Commission has endorsed the use for this property. The Union Station is willing to work out any difficulties which may exist as far as property lines are concerned and the use of the property for access. Councilman Futch stated that it is his understanding that the portion not rezoned to CS will remain as open space and that the property owner is willing to dedicate the property rights to the City, and Mr. Madis replied that the sisters of Dr. Judson (the property owner) would like to retain title for the property but will sign whatever type of docu- ment the City Attorney would request, dedicating the development rights for the property. Councilman Pritchard stated that he would like to see a copy of the Assessor's map showing more precisely where the access might be proposed and one which would indicate exactly where the property lines of the Union station are located and the exact distance between the channel precipice - there are two grades involved, one dropping off of the Union station property and another one dropping down into the channel. Mr. Zackney, representing the applicant, stated that he would be happy to furnish this information and interjected that he has been concerned with this aspect more than anyone else and has researched this matter and knows exactly who owns what, and where. However, he cannot state the exact location of the easement area due to the fact that the legal staff of Union Oil which is located in Los Angeles is deciding whether or not an easement will be allowed. The top management in San Francisco has indicated that the Judsons have their full cooperation and are recommending to the legal staff that this be allowed. Councilman Pritchard moved that the hearing be continued for another week until all the information showing detailed maps of the channel area has been presented to the Council. (/ Councilman Futch stated that he would like to amend the motion to endorse, in principle, the Planning Commission's recommendation, subject to the discussion regarding the entrance being worked out satisfactorily, and subject to the development rights which Council- man Pritchard agreed to add to his original motion. CM-27-335 February 4, 1974 (P.H. re Rezoning Judson Property - So. of I-580) Councilman Pritchard stated that he would like to also informally ask that the staff provide the Council with the bridge costs and who will share what portion of these costs and where this money will come from. At this time Councilman Futch seconded the motion which passed by a 3-1 vote (Mayor Miller dissenting). / l P.H. RE ZOo ORD. AMEND OFF-STREET PARKING AND ADOPT NEW I DISTRICT Mr. Musso explained that at present there is an ID and IM Zoning District and for all practical purposes these have been treated much the same. The proposed ordinance attempts to eliminate zones with different permitted uses relying rather on an ordinance that allows all industrial uses with different performance standards. In the new ordinance industrial uses will be subject to performance standards which have not yet been adopted and also different set- back and other building regulations. The I District has no interior setbacks, 3 different front yard setbacks, and off-street parking are, in effect, eliminated, except for that amount stated to be necessary for the use - 1 space for every 1-1/2 working employee on the maximum working shift, which he explained is the bulk of the regulation. He then explained the work that has gone into the amend- ments suggested and the various committees that have reviewed them and Councilman Pritchard asked if there were any particular areas in which there was disagreement and Mr. Musso replied that the main issues were off-street parking requirement$ and coverage. Councilman Futch commented that the Planning Commission and the Industrial Advisory Committee has taken trips to various cities to see what their requirements are and what development has taken place and wondered if there has been any type of written report giving the comparison of the standards of other communities with those of Livermore and Mr. Musso replied that this was a report which was done some months ago. At this time Mayor Miller opened the public hearing. Bob Tieke, speaking on behalf of the Industrial Advisory Board, stated that the Council has a copy of the ninth draft regarding amendments to the ordinance and that there are a few minor cor- rections which should be noted which he explained, noting that some of the changes were not agreed upon by the Planning Commission and are recommended changes by the Industrial Advisory Committee only. He noted recommended changes in 14.77 with regard to sites abutting an R or E District which was followed by Council discussion. Mr. Musso opointed out that under 14.75 there are no restrictions to maximum allowable floor area which means that the building could be three stories high if they desire which he felt the Council should be aware of. He noted that he is not making any type of recommendation but would like to point this out. Mayor Miller stated that as he recalls it is customary that indus- trial and commercial standards for coverage have to do with floor area and wondered if site coverage or floor coverage is considered when they are talking about 50-60 and 70% and Mr. Musso stated that this refers to site coverage. CM-27-336 February 4, 1974 (P. H. re Indus. Ord.) Mr. Tieke stated that the Industrial Advisory Board recommends that there be no street parking - the industry itself must provide parking for all employees and the Mayor replied that there is no way of insur- ing this. / ( Ed Hutka, l015 Angelica Way, developer, stated that in general the ordinance is good but most people do not realize the costs involved in obtaining a CUP and is concerned for the uses left under CUP. He noted the steps one must go through and stated that he can verify figures which indicate that a CUP he obtained ended up costing him $1,700. The CS Zone allows only two types of uses at this time which happen to be lodging and a restaurant. He stated that he feels Sec- tion l4.3l - Uses involving public assembly and recreational activities should be encouraged and that private enterprise should be encouraged to put in all the recreational services possible without having to obtain a CUP. The necessity of obtaining a CUP is telling clients that they will have to go away because it will cost them the $1,700 - $2,000 to get the CUP. He commented that this is his only area of concern and that the rest of the ordinance appears to be good and would recommend its adoption. Earl Mason, Chairman of the Chamber of Commerce Industrial Committee, asked if the Council had received a copy of their letter dated October 17th sent to the Planning Commission which was accompanied by five letters from industrial developers, and when the Council stated that they did not he replied that he was very sorry they had not because there were four pages of comments from the Chamber as well as the five letters which he felt were very informative. He pointed out that a lot of effort and communication has taken place in preparing this ordinance and commented on Section l4.77 - Sites Abutting ...etc. He noted that they had recommended structure development within 25 ft. of a property line will require approval of a CUP which had been left out and they would recommend that this be included so that develop- ment will have a setback of 25 ft. on the side and back yard. Mr. Mason felt there is concern for the 70% coverage allowance by people who feel that all development will take advantage of the 70%. He pointed out that this impossible due to the parking requirement and would be used probably only by warehousing or low employee type uses. If the ordinance is adopted with the ~l, 2, and 3, and the 50-60-70% coverage it will be very difficult to determine where to put these zones and there are going to be arguments over where to put one or the other; therefore, all the letters the Chamber has received from various developers have encouraged the 70% which include Southern Pacific Land, Hexcel, National Commonwealth (airport development people), and Western Pacific Railroad. He stated that he will see that the Council receives copies of the letters. Ebert Lounsbury, local realtor, stated that the requirement for side- walks in an industrial area is extremely expensive for the industrial client and when expenses keep piling up and become prohibitive they decide to locate elsewhere. He pointed out that it has just been recommended by Mr. Tieke that there be no street parking requirement and if this recommendation is adopted he feels it is unnecessary to require the five foot sidewalk. If the Council feels it is necessary to require the sidewalk he would ask that they make it conditional upon whether or not the location is in a residential area, where a lot of people will use the sidewalk. ~ Mr. Musso explained that the ordinance does not speak to the sidewalk - the policy has been adopted that normally a sidewalk will be required except in certain instances where there is not a need or alternate access. Councilman Futch pointed out that even though development is taking place in an industrial area and non-residential in nature sidewalks may be necessary for people walking to a restaurant or recreation facility such as a skating rink and others may use the sidewalks for riding bicycles to work. CM-27-337 February 4, 1974 (re Indus. Areas) Mr. Lounsbury stated that if sidewalks are required he would suggest that they be required on one side of the street, only, and Mr. Musso again explained that the ordinance does not speak to sidewalks and has nothing to do with sidewalks; it is a matter of Council policy. Mr. Lee pointed out that at the time the Council adopted the policy regarding sidewalks it was noted that it was not any more expensive to install than irrigated landscaping. L) Councilman Futch moved to close the public hearing, seconded by Councilman Pritchard, and which passed unanimously. Councilman Pritchard moved to continue the full discussion and to look over the changes mentioned by the various individuals, seconded by Councilman Beebe. Mayor Miller commented on the section having to do with real estate and insurance business services and offices in that he feels they really belong in the office zones rather than industrial zones and would like to go over this portion, and possibly deleting some of them. Councilman Pritchard suggested that it would be helpful if the Council could receive a list of the professional services the Planning Commission had in mind which was followed by discussion regarding uses allowed possibly with the approval of a CUP. Mayor Miller then brought up the items concerning sewage and waste disposal sites deletion which Mr. Musso explained, as well as the street frontage yard which he felt is inadequate and stated that this is another item the Council should consider. He then noted that in his opinion 70% coverage will never allow sufficient parking and pointed out that out on Research Drive the parking nroblem is terrible due to too much coverage, and would suggest coverage of 45-55 and 65. He stated that his concern is actually the parking rrequirement which is related to coverage. Councilman Futch felt if 70% coverage is allowed it is being done to cater to warehouse type uses and would like to consider the possi- bility of limiting I-3 to real industrial type uses. He also ex- pressed concern for no limitation to height because such may be allowed adjacent to residential uses and suggested approval of a CUP for construction of a building 3-4 stories high. At this time the Council voted unanimously to postpone discussion of the ordinance until the next meeting. Mayor Miller stated that even though the public hearing has been closed and there will be discussion at the next meeting, brief comments from the public will be allowed. CONSENT CALENDAR Res. Denying Claim Our insurance carrier has recommended that the Council adopt a resolution denying a claim which was filed with the City in error. n RESOLUTION NO. 14-74 A RESOLUTION DENYING THE CLAIM OF JAMES BAKKER AND DOUGLAS BAKKER CM-27-338 o (\ \ ) , / February 4, 1974 Res. Designating Streets for Legal Consideration The Council adopted a resolution officially designating existing streets in the airport golf course area, as public streets for legal considerations. RESOLUTION NO. 15-74 A RESOLUTION SETTING ASIDE CERTAIN CITY-OWNED STREETS FOR PUBLIC STREET PURPOSES Payroll & Claims There were 183 claims in the amount of $254,092.12 and 285 payroll warrants in the amount of $74,252.29, dated February l, 1974, for a total of $328,344.41, ordered paid. APPROVAL OF CONSENT CALENDAR On motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote the Consent Calendar was approved, with Councilman Beebe abstaining from Warrant #8900. APPLICATION TO OPERATE A TAXI CAB SERVICE - Steven A. paich The City Attorney explained that prerequisites for holding a public hearing tonight regarding a permit for the operation of a taxi cab service have been satisfied and the City Council may hold a public hearing. Mayor Miller opened the public hearing at this time and asked if Mr. paich, the applicant, had anything to say to which Mr. paich replied he did not. There being no public testimony, on motion of Councilman Pritchard, seconded by Councilman and by unanimous vote the public hearing was closed. Councilman Pritchard moved that the application requesting operation of the Yellow Cab Company be approved, seconded by Councilman Beebe and which passed by unanimous vote. The City Attorney stated that it might be a good idea to extend the temporary permit for an additional week for Mr. Paich's protection, and on motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote the extension was approved. COMMUNICATION FROM BART RE NEEDS FOR FINANCIAL ASSISTANCE The staff recommended that the communication from BART relative to itsneed for financial operating assistance be referred to the staff for report and on motion of Councilman Futch, seconded by Councilman Beebe and by unanimous vote the recommendation was adopted. CM-27-339 February 4, 1974 COMMUNICATION RE ORGANIZATION OF FILIPINO-AMERICAN POLITICAL ASSN. A letter was received from the County Chairman announcing the organization of the Filipino-American Political Association for the purpose of recognition and correction of socio-economic ills effecting the minority group. Councilman Pritchard asked that a response be made in writing to let these people know the Council received their letter and to thank them for their liaison with the Council, and with the concurrence of the Council the City Clerk was asked to take care of the matter of correspondence. , I I ~ ~/ COHMUNICATION FROM SACEOA A letter was sent to the Council by SACEOA to clarify the status of SACEOA and the plans for continuance in addition to their gOalsr~' Councilman Futch stated that it is his understanding that SACEOA will be continuing with volunteer effort and feels that this is what is being said in the letter. The letter was noted and filed. The City Attorney explained that prior to the City Manager's absence he instructed the City Attorney to draft and submit to seven other jurisdictions in Southern Alameda County, a proposed joint powers agreement to continue operating an anti-poverty program under local and county governmental sponsorship. The document has been drafted and submitted to six other cities in the county. The draft document will be pursued with the expectation of receiving federal OEO grant funds with the understanding that such funding might be received in approximately 45-60 days. REPORT RE COMMUNICA- TION FROM SOC. OF AM. INDIANS RE TOTEM POLE A letter was received from the Society of American Indians indicating their distress over the manner in which the Indian totem pole was installed at Centennial Park. It was pointed out that the lower portion was not handled properly so'that the mean- ing and overall effect has been lost. Mr. Lee reported that the Livermore Shopping Center Merchants group paid to have the totem pole carved and later asked that it be removed from the center at which time it was stored in the City's Corporation Yard. The Beautification Committee suggested that Centennial Park would be a proper place for the totem pole and inasmuch as it was not known that the bottom portion had particular significance, the pole was installed to a height in proportion to the symmetry of the park area. It is unfortunate that the importance of the entire totem pole was not conveyed to those who relocated the pole and it appears that no reasonable solution is available and recommended that no action be taken. CM-27-340 February 4, 1974 (re Totem Pole) The City Attorney suggested that before there is further discussion he would recommend that the City Council draft a resolution accepting the contribution of those responsible for allowing us to implant the pole in the City park property and he would respectfully request that the intention would be to leave it in the care and protection of the City henceforth prior to closing the books on the matter. Councilman Futch suggested that if the Council concurrs he would request that the staff check into the matter of ownership and report back to the Council with an appropriate resolution. This item was continued awaiting a report from the City Attorney. REPORT RE ARROYO SECO CHANNEL IMPROVEMENTS Mr. Lee briefly summarized the Arroyo Seco Channel improvement stand- ards which are proposed by stating that the Council had made its wishes known with regard to having a trail system along the Arroyo Seco but the extent of the development was never discussed and the matter was referred to the Planning Commission who recommends the following: 1. That the Arroyo Seco Channel from the Lawrence Livermore Laboratory to Interstate 580 be made a part of the Arroyo Parkway System, including the area through Valley East, which is acknowledged to be concrete lined; however, pre-exists adoption of the Arroyo Parkway Plan. 2. That the Chnnel be designed in accordance with the Arroyo Parkway standards (225 ft. width) wherever feasible in order to preserve the natural character of the Arroyo and any tree groves along its bank. The Planning Commission also directed the staff to investigate means by which the City could acquire the necessary extra land along arroyos within industrially zoned and planned areas to provide for a channel designed in accordance with the Arroyo Parkway standards (225 ft. wide) wherever feasible. Mr. Lee explained that he has written a memorandum to the City Council which indicates three alternatives for the Council to consider such as (a) Full Arroyo Parkway; (b) Minimum trapezoidal earth channel; and (c) A compromise in between. It was noted that the Planning Commission felt it should be a complete trailway system - an Arroyo Parkway of 225 ft., which they adopted as a recommendation as noted above. Mr. Lee stated that such a park design will come from the park funds. Councilman Pritchard asked if LARPD had been contacted as to how they feel about accepting lineal parks of this size and Mr. Lee replied that various committees involved have spoken with the LARPD subcommittee who felt that the LARPD Board should reply. The LARPD Board was notified just last week and are meeting tomorrow night to discuss the matter. r-.... The Council then discussed the proposal for an Arroyo parkway and proposals related to the parkway. Mr. Lee noted that there are always problems along any channel and one of them is, for example, that part of it is already developed as a concrete lined channel. He stated that he did not recommend anything concerning this and that a decision should be based on how badly a trai1way is desired through that area. Councilman Futch stated that it appears the Planning Commission has definitely come to the conclusion that there should be a parkway through that area though it may not be appropriate to have the full treatment as that in the Arroyo Mocho, for example. In general he would favor adoption of a plan for a parkway at some reduced width which would be more economical as well as to serve the needs. CM-27-34l February 4, 1974 (re Channel Parkway) Councilman Pritchard stated that he agrees with Councilman Futch in that development for a width of 225 feet is a lot of land to buy and that in his opinion we have other priorities that are higher on the list. Mayor Miller stated that this area has a deep narrow channel and it might be satisfying the needs to have a deeper natural channel than 225 ft. would call for and satisfy the land widths on both sides to take care of the parkway aspect. o Councilman Pritchard felt that provisions for less than 225 ft. would still be sufficient to save all of the trees - it is not necessary to take a 225 ft. width to save the trees, which Mr. Lee stated is correct. This could be done by allowing approximately l70 ft. and would be wide enough to take care of the necessary trails. He noted that perhaps l80 ft. would be a closer estimate. Mayor Miller stated that it is his understanding that Councilman Futch would like to adopt the recommendation of the Planning Commission for Arroyo Seco to be declared as part of the Arroyo Parkway System and the width can be discussed at a later time, and Councilman Futch stated that his feeling is that a width of 180 ft. would appear to be reasonable. Councilman Pritchard stated that it appears the matter will have to be continued because he would like to hear the comments from the LARPD people but would not want to hold up the people who are getting ready to develop on the property and the Mayor suggested that there be a motion declaring this a portion of our Arroyo Parkway with the ques- tion of the width being put over for another week. Councilman pritchard moved that the Council adopt the Arroyo Seco Channel as part of the Arroyo Parkway System (from LLL to I-580), seconded by Councilman Futch. Jane Staehle, on behalf of the League of Women Voters, indicated that they support the Arroyo Parkway standards as shown in the Arroyo Parkway study of September 1971 for the full length between its intersection with East Avenue and joining with the Arroyo Las positas. They support open space preservation as well as provision for bicycle and pedestrian traffic and that the Arroyo Parkway concept fulfills both of these objectives and would urge that the Arroyo Seco be in- cluded in the plan. Inasmuch as the entire 250 ft. width may not be feasible in some areas it is suggested that there be sufficient width to accommodate the necessary trails and that care should be taken to avoid a straight "alley-like effect". At this time the Council voted to adopt the Planning Commission's recommendation (Item 1) as stated by Councilman Pritchard which passed by a unanimous vote. Councilman Pritchard moved to continue the matter of the width for one week, seconded by Councilman Futch. Earl Mason, of Associated Professions, representing his client OGO, and another industrial client on the corner stated that they have no objection to any width desired as long as there is a concurrence that it will be paid for beyond the minimum width of the standards normally required by Zone 7. He stated that as a personal opinion, however, if the park funds or in lieu of land fees paid by develop- ment is used to acquire these strip parks it means that less neigh- borhood parks can be acquired. n CM-27-342 February 4, 1974 (re Channel Parkway) ~ E. Lounsbury, 1787 So. Vasco Road, explained the topography of the channel noting that it is a box-like channel which is very hazardous during the time it is flooded, and if a child were to fall into it during the flood stage one would never be able to retrieve the child. If the Council is speaking of widening the arroyo through subdivisions there will be no control of the poten- tial danger involved, and if the banks are disturbed there will be flooding and damage occuring. Carolyn Odden, 5846 East Avenue, owner of industrial property in the vicinity being discussed stated that they plan to fence their property because of the vandalism that has taken place in the area noting that OGO had trees mutilated and there have been other incidents of vandalism in the arroyo area. She pointed out that a water line and sprinklers will have to be installed to take care of the plants in addition to mowing and care of the strip which she feels would be very costly, particularly, if a wide strip is a- cquired. She urged that a small channel proposed by various individ- uals would be an intelligent approach to the matter. Councilman Futch stated that he has examined the area and realizes that it is steep and narrow and it would be in the interest of pub- lic safety to spread it out and restrict the flow to a shallow depth with banks which would allow a child to climb out if necessary. He noted that any plan would have to be approved by Zone 7 and they would not approve anything that does not meet their safety and flow standards. At this time the motion to continue the discussion was passed by a unanimous vote. REPORT RE COUNTY REFERRAL - PROPOSED REZONING OF 5 PARCELS (I-580 - Grantline Road) A referral has been received from the Alameda County Planning Commission regarding consideration of possible rezoning of five parcels of land located within all four quadrants of intersection I-580 and Grantline Road. Mr. Musso summarized the Planning Commission's response by stating that the interchange being considered is not one which has been designated as a commercial freeway interchange on the County Inter- change Land Use Plan and the Planning Commission has recommended that this not be turned into a major commercial interchange and that the area be reverted to agricultural zoning. Councilman Pritchard moved that the Council accept the Planning Commission's recommendation, seconded by Councilman Futch. After a brief discussion regarding the area involved, the Council voted unanimously to adopt the motion. P. C. MINUTES The minutes of the Planning Commission's meeting of January 22, 1974, were noted for filing. REPORT RE PUC RATE INCREASE HEARING A memorandum from the City Attorney regarding the PUC rate increase hearing was noted for filing, and was informational in nature. CM-27-343 February 4, 1974 RESOLUTION RE PARKING PROPOSED BY EPA REGULATIONS The City Attorney had prepared a resolution which should be addressed to appropriate members and committee chairmen of the u.s. Congress asking for a six-month study to ascertain the impact of the proposed California Transportation Plan. The resolution (l) affirms our support of the objectives of the Clean Air Act and (2) asks Congress to take affirmative action by making a study lasting not more than six months to ascertain what alternatives may be available in meeting the goals of the Clean Air Act and to assess the social, administrative and economic effect of each alternative. On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote (Councilman Taylor absent), the following resolution was adopted: RESOLUTION NO. 16-74 A RESOLUTION SUPPORTING THE ENACTMENT OF FEDEP~L LEGISLATION WHICH WILL NULLIFY THE PARKING SURCHARGE, MANAGEHENT OF PARK- IN SUPPLY AND THE PREFERENTIAL BUS/CARPOOL LANES PROVISIONS OF THE CALIFORNIA TRANSPORTATION CONTROL PLAN PROMULGATED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY ON NOVEMBER 12, 1973, AND POSTPONE FURTHER SUCH REGULATIONS UNTIL CONGRESS REVIEWS AND APPROVES A STUDY INCLUDING THE ECONOMIC IMPACT OF SUCH REGULATIONS AND ALTERNATIVE METHODS OF \~HICLE ~1ILE RE- DUCTION. ZONING ORDINANCE N1ENDMENTS RE VARIOUS SECTIONS - RS DISTRICT, ACCESSORY STRUCTURES, MAXIMUM HEIGHT LIMITS, GENERAL PROVISIONS ORDINANCE NO. 835 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, BY THE AMENDMENT OF SECTIONS 5.23, RELATING TO PER- MITTED USES, 5.42, RELATING TO MINIMUM YARDS: 5.45, RELATING TO MAXIMUM FLOOR AREA: 5.60, RELATING TO ATTACHED DWELLINGS: AND 5.64, RELATING TO MAXIMUM COVERAGE ( ATTACHED DWELLINGS), ALL OF CHAPTER 5.00, RELATING TO RS - RESIDENTIAL DISTRICT: AND BY THE AMENDMENT OF SECTIONS 6.44, RELATING TO ACCESSORY BUILDINGS AND STRUCTURES, AND 6.45, RELATING TO MAXIMUM HEIGHTS LIMIT, OF CHAPTER 6.00, RELATING TO RS-LOW DENSITY RESIDENTIAL DISTRICT: AND BY AMENDING SECTIONS 20.50 and 20.5l, RELATING TO ACCESSORY BUILDINGS, OF CHAPTER 20.00, RELATING TO GENERAL PROVISIONS. Councilman Pritchard moved the odoption of the above ordinance and to waive the second reading. Motion was seconded by Council- man Futch and passed 3-1 with Mayor Miller dissenting (Councilman Taylor absent). MATTERS INITIATED BY STAFF (Designation of 208 Planning Area) Donald Bradley, Assistant to the City Manager, presented the Councilmen with a copy of a letter addressed to the State Water Resources Control Board, Division of Water Quality Control, by the City of Pleasanton. Mayor Miller suggested that perhaps the Council should read the 208 Planning Area position paper and discuss it a bit later in the meeting as he wished to report on several other items at this time. CM-27-344 February 4, 1974 MATTERS INIATED BY THE COUNCIL (Report re Meeting of February 2, 1974) .;--- Mayor Miller reported on the meeting he attended along with Council- man Futch, Don Bradley, George Musso, Manuel Prado from the School District, Bill Jamieson from the School District and Mike McCracken from LARPD. This meeting was with the people of Greenvil1e North in which expressions of opinions and complaints were aired, and he felt that many of their concerns deserved some attention. He had agreed to bring these items to the Council for formal consideration with the idea of directing the staff to work on these particular things. Some of the items will be placed on the agenda in the next few weeks, one of which is park dedication for the Greenville area which includes consideration of acquisition priority of neighborhood or community park or both in that area. He explained that the neighbor- hood park was to have been acquired by dedication this year, but did not come about for various reasons, and he indicated that the community park is scheduled for next year. One question was raised as to whether park funds should be used for acquisition or park develop- ment. Another item was the legality of issuing building permits for the Greenville area only, and this item is to be researched by the City Attorney and will be on the agenda in the future. It was brought out that the developers have been misrepresenting the property of the houses they have built, and there is a law, "Truth in Subdivision", which unfortunately does not apply to the original sale or for two years thereafter. There are houses out there that have been up more than two years and it is not clear if they have been sold and are lying vacant, but this will have to be investigated. The residents at the meeting also requested bicycle trails on Vasco Road and, particularly on First Street, going into Livermore. There are many items which are to be directed to the staff for action and report, as follows: l) the uncompleted homes - these should be inspected by the building inspector for structural stability, the City Attorney should check into legal means to abate these nuisances if no other action is taken and have the staff continue to work with the loan company which is foreclosing to seek completion as soon as possible. 2) front yard storage - the staff should have the area checked for campers, abandoned cars and illegal storage, for enforcement of our ordinance; 3) the staff should check to see that the street trees in the area and walls are properly maintained and watered; 4) check with the county and state on the complete repaving of Vasco Road and also for a bicycle trail; 5) the excessive speed by the garbage trucks and subsequent hazards; 6) check re the maintenance of A1tamont Creek as it is a public hazard; 7) resolve the question of city limits with all departments of the City so that emergency vehicles can promptly respond; 8) maintenance of the brick wall, as previously mentioned, and 9) enforcement of law against the discharge of BB-guns and firearms in the city limits. Mayor Miller stated if there was no objection from the Council, he would like to have the staff directed to pursue these items, some to be placed on the agenda and other things to be carried out by the staff or given to the Council in a report. Councilman Futch indicated that one of the major concerns was the timing of the shopping center development. For example, if the shopping center develops along First Street, this side of Springtown, it would significantly postpone any development in their area, and the question is whether the City has any legal authority under what was known as AB-130l to stage the development of the shopping center so as to require the one in the Springtown area to develop first. Mr. Musso pointed out that the Zoning Ordinance provides that a shopping center is only by a year to year approval, and this can be controlled. CM-27-345 February 4, 1974 (Meeting re Green- vil1e North) Councilman Beebe remarked that the City has laws to cover many of the items brought up by the Mayor, and wondered why they are not being enforced. He felt that there are other areas in the City which may have similar complaints, and the Mayor agreed, stating it might be a good idea to get this same type of feedback from these other areas. Unless the Council and staff are aware of the conditions, nothing ~~~: ~ A motion was made by Councilman Beeb~ direct the staff to follow up on the recommended improvements and policing matters, and the five items to be placed on the agenda. The motion was seconded by Councilman Futch and approved unanimously. Mayor Miller suggested that if a number of these items are pre- sented to the Council at one time, that the members of Greenvil1e north be notified so they can attend the meeting. (Setting P. H. re Ext. of Interim Ordinance) The City Clerk commented that something must be decided upon regarding extension of the Interim Ordinance and Mayor Miller suggested that discussion be set on the Council agenda for February 19th and if Councilman Taylor is not present the public hearing can be continued. On motion of Councilman Futch, seconded by Councilman Pritchard and by unanimous vote the public hearing for the Interim Ordinance extension was set for February 19th. (re League of Women Voters Recommendation re Arroyos) Councilman Beebe suggested that the League of Women Voters recom- mendation should probably be reviewed which is in reference to arroyos and he commented that this may be at the sacrifice of neighborhood parks. (re SB-4 91) Councilman Pritchard commented that he noticed in the League Bulletin that Senator Nedjedly plans to introduce SB-491 which will prohibit some uses on airport runways and would hope that the Council will support and apply to our local airport. It was noted that there will probably not be an opportunity for a hearing and it is suggested that interested airport officials express objection to the governor and moved that the Council write to the governor expressing no Objection to the Bill, seconded by Councilman Beebe and which passed 3-1 (Councilman Futch dissenting as he has not reviewed the Bill). (re AB-882 - LAFCO) Councilman Pritchard asked if the City Attorney would look into the Knox Bill AB-882 regarding LAFCO and give the Council a better breakdown on the measure. CM-27-346 February 4, 1974 (re Petaluma Suit) Mayor Miller stated that Peta1uma lost the case of the "Petaluma Plan" at the first level of federal court and since the decision of the Plan may affect our future planning he would move that the Council send a letter to the City of Petaluma asking them to appeal the decision ~ and to offer our support in the appeal as this City did in the past. The motion was seconded by Councilman Pritchard. The City Attorney asked if this support is in the way of financial support, moral, legal, or what, and the Mayor replied that the City contributed $250 for legal assistance last time. The motion passed by unanimous vote. RECESS Mayor Miller called for a brief recess for the purpose of reviewing the response of the Joint Powers Water Management Agency regarding the 208 Planning Area as well as the letter drafted to be sent to the County Assessor regarding establishing equitable assessment methods. After the recess the meeting resumed with all members present with the exception of Councilman Taylor who was absent. MOTION RE LETTER TO COUNTY ASSESSOR On motion of Councilman Futch, seconded by Councilman Pritchard and by unanimous vote, the letter which was drafted with regard to assessment practices, to be sent to the County Assessor and the Board of Supervisors, was approved. LETTER RE 208 PLANNING AREA On motion of Mayor Miller, seconded by Councilman Pritchard and by unanimous vote, the draft of the letter regarding the Valley's position regarding designation in the "208 Planning Area" was approved for submittal to the State Water Resources Control Board. ADJOURNMENT There being no further Council business, the Mayor adjourned the Council meeting at ll:05 p.m. to a brief executive session for the purpose of discussing legal matters. APPROVE [) ~ 9-~. ~Ut" ~ ATTES~) ~ t Y Clerk Livermore, California CM-27-347 Regular Meeting of February ll, 1974 A regular meeting of the City Council was held on February 11, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Miller presiding. ROLL CALL PRESENT: Councilmen Beebe, Futch, Pritchard and Mayor Miller ABSENT: Councilman Taylor (Excused Business) PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. COUNCIL MINUTES On motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote the minutes for the Council meeting of February 4, 1974, were approved as amended. RE COUNCIL ENDORSEMENT OF MARCH OF DIMES WALK Ben Davidson of the Oakland Raiders asked the Livermore City Council to endorse the Alameda County March of Dimes Walkathon in the Dublin-' Livermore-Pleasanton areas which will take place on the l6th of March. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the Council endorsed the Walkathon. It was also requested that Mayor Miller join with Mayor Pearson of Pleasanton as Co-Chairmen of the Walk and the Mayor replied that he would be happy to be there. OPEN FORm1 (re Bar in Louis Shopping Center) Colonel Peeke, 4291 Amhurst Way, stated that several months ago he addressed a letter to the Mayor and City Council members objecting to the establishment of a bar to be located in the East Avenue (Louis) Shopping Center and that he has not had the courtesy of receiving a reply to it. He also asked that he be allowed to appear at a hearing to oppose the bar and as far as he knows there has not been a hearing regarding the bar and it is now open. He voiced irritation over the fact that a bar has been allowed in a residential area and asked if the people of the community really have a voice. Harry West, ll26 Tulane Court, commented that he and his wife also wrote a letter of protest over the bar which he felt has been an extremely bad decision on the part of the City to allow. He pointed out that a bar is allowed only if it is connected with a restaurant and to accomplish this a doorway has been constructed to allow passage into the adjacent pizza parlor. He pointed out that in addition to getting around the rules by doing this, the pizza parlor happens to be a place in which the young people congregate. C~-1-27-348 February ll, 1974 (Re Bar in Louis Shopping Center) Mayor Miller stated that as a result of the letters received from Mr. and Mrs. West and Colonel Peeke, the issue of this bar was dis- cussed at the City Council meeting as well as the ordinance governing bars. He stated that the Council instructed that a separate bar would not be allowed in the shopping center and that if allowed, it would be in accordance with the regulations. The Mayor then asked the staff to respond to the circumstances of there being a separate entrance to the pizza parlor and the bar as well as a separate name for each establishment. It would appear from what has been said that there has been some gimmick allowed for getting around the ordinance. Mr. ~1usso explained various other bar-restaurant facilities in neighborhood shopping centers and explained that as long as food is served in a bar it can qualify. The City Attorney stated that he met on three occasions with the owner and architect of the pizza parlor and the bar and was assured that they had every intention of following the ordinance and to his knowledge all the requirements were satisfied and the building was given an occupancy permit. He noted that the Building Inspector would not have given final approval of the building if the integrated operation had not been carried out. Councilman Pritchard stated that he has been to the pizza parlor and noticed that there was a seoarate entrance to the bar which did not appear to be a restaurant-type bar and went inside to investigate the matter and found out that one could not be served food but was told that one could go get a pizza and bring it back to the bar. He stated that he feels this in no way satisfies the City regulations and is a use being permitted contrary to the ordinance and suggested that the use be abated as soon as possible. Councilman Futch stated that he has not seen the establishment so it is hard to determine whether or not it is in conformance with the City regulations but from what has been said it would appear that the opera- tion would be questionable. He commented that he would have assumed that any possible violation would have been brought to the attention of the Council prior to approval of a permit. The Planning Director stated that there is a common entry on the north side of the building for the bar and restaurant but on the East Avenue side there are two separate entries. Councilman Beebe wondered why the bar was allowed to open and Hr. Musso explained that the City was of the understanding that it would be an integrated operation but under separate ownership, and Councilman Beebe stated that either it does comply, or it does not. The City Attorney explained that it was his understanding that the Council instructions were that if the business arrangement were to be undertaken it would conform with all the applicable statutes and is really the only standard which can be applied. If the words of the statute are in question then we should clarify or modify the statutes. The plans presented prior to commencement of operation did comply with the statute which the Council adopted and to his knowledge there were no special instructions with respect to this particular operation except that it be given careful attention. Perhaps the City should look at the operation now that it is in service and determine whether or not they have subsequently violated the intent and purpose of the statute and then take appropriate action. He noted that he has not personally entered the premises nor is he aware of the manner in which they conduct business; however, all the structural accommodations may not mean that they are not conducting separate enterprises. Councilman Beebe moved that the City Attorney be directed to investigate the matter to determine if they are complying with the intent of the law and if not, the City should start proceedings. 01-27-349 February 11, 1974 (re Bar in Louis Shopping Center) The motion was seconded by Councilman Futch and passed by a unani- mous vote of the Council. (re Totem Pole) The public next spoke on a matter which has been a matter of dispute between the City and the person who carved a totem pole purchased by Livermore merchants and who later gave the pole to the City. The pole was placed in concrete at Centennial Park and prior to placing it in cement a meaningful portion of the pole was sawed off and the artist has asked that it be restored to its original design and height or that it be given back to him. Mr. pachine, an American Indian who lives on Bluebell Drive offered to help put the totem pole back together and to chisel off the con- crete after it has been removed. Barry Schrader, 811 ~~ohawk, stated that he feels the location chosen for the totem pole is proper, that the park was dedicated in peace and goodwill and would hope that the issue over the totem pole can be resolved without further ill will on the part of the City and the artist. He then explained how the pole can be properly repaired by inserting dowels into the portion which was sawed off and then suggested that the totem pole be anchored at the site and if the City feels that the time involved in replacing the pole would be too costly, four people have already volunteered to help. Bob O'Sullivan, 24050 Silva in Hayward, stated that he feels that when any injustice is done to a work of art it is much the same as attacking Michaelangelo's pieta with a sledgehammer. He stated that he would like to see the Council being a little more sensitive to the cross-cultural sensitivities involved in a matter such as this and respecting the heritage and traditions from which this comes. Councilman Pritchard stated that he feels the final decision should be left to the discretion of the artist, but would move that the Council accept the offers for assistance but use the City staff as much as possible to correct something which has been an unintentional mistake on the part of the City, to remove the pole and attach the portion which has been severed and then replace the pole at the same location if this is agreeable with Hr. Nordwa1l, the artist. Councilman Beebe stated that he would second the motion but would like to hear from Mr. Nordwal1. Adam Nordwall, Chairman of the united Bay Area Council of American Indian Affairs and carver of the totem pole thanked the Council for allowing him to speak on behal f of the American Indian community in reference of what was designed in good will and a cross-cultural relationship of a beautiful community and city. The totem pole depicts the history of Livermore from its formation - with the founding father, Robert Livermore, sitting on the lap of the eagle which represents the protector of the Village of Livermore and the village is depicted by a small home on which the eagle sits. Beneath the figure of the eagle is a farmer holding a cluster of grapes which represents the agricultural contribution of this area and the indus- trialization of Livermore is represented by the industrious beaver holding a symbol of atomic energy - atomic power, and the entire meaning is that mankind has harnassed atomic energy for peaceful purposes for the protection of the children and the face of a child is on the bottom of the pole. Beneath the face of the child are 10 CM-27-350 February ll, 1974 (Re Totum Pole Placement) ( rings and each ring is symbolic of lO years representing the City of Livermore's lOa year history. Everything ties together and is a total story and to have the lower portion completely eradicated or eliminated, the 100 year history is eliminated. He stated that he naturally felt a shock as an artist and as all artists would feel if they saw their work desecrated but felt that patience on his part was necessary. He stated that he waited for some type of civic res- ponse to the error for as long as two months. Last week after the letter of protest from the Society of American Indians was read to the Council, the Council voted no action. Only after this was he prompted to write an open letter to the Council objecting to the way in which the pole was installed, and declaring that if the pole was not restored to its proper form, he would reserve the right to reclaim it which he stated he would regret because the whole intention of the pole was to stimulate community good will and pride among all resi- dents of the City of Livermore. Mayor Miller stated that the motion is to correct what has been done and asked if Mr. Nordwall would help in resetting the pole and ~1r. Nordwall replied that he would be delighted to help reset it. Councilman Beebe stated that in addition to his second to the motion he would like to make an amendment to state that after the pole is reestablished in its proper and dignified setting the City order a plaque explaining the symbols denicted on the totem pole and Council- man Pritchard agreed to add this to his motion. Councilman Beebe stated that he would be happy to personally donate $25 towards the plaque and Councilman Pritchard stated that he also would match this amount and would like to add to the motion that the Council adopt a resolution of sincere apology to Mr. Nordwall for causing embarrassment to his artistic sensitivity. Councilman Futch stated that the Council did not really discuss the matter and then not do anything about the totem pole but that the City Attorney had been instructed to check into the matter of the legal owner of the pole and for the record he would like this to be noted. The City Attorney suggested that at the time a resolution of apology is presented, there also be a resolution accepting the gift of the totem pole from the artist which will state that the City will main- tain the totem pole to the best of its ability. Councilman Beebe agreed to amend the motion as suggested by the City Attorney, which was seconded by Councilman Pritchard. Mayor Miller stated that he would like to publicly apologize to Mr. Nordwall on behalf of himself and the City of Livermore for the misunderstanding which has taken place over the proper display for a very attractive and important monument for our City. Mr. Nordwall thanked the City Council and the Mayor for the action taken and feels that everything has been taken care of satisfactorily. Ayn Weiskamp, Vice Chairman of the Beautification Committee, stated that she would like to know if the City intends to have a grand ceremony when the totem pole has been properly restored and the Mayor stated that he sees no reason for not holding an appropriate dedication ceremony and would appreciate recommendations from the Beautification Committee. Councilman Pritchard felt that at the time the plaque is installed and there is an unveiling of the plaque that this would be a proper time. At this time the Council voted unanimously in favor of the motion regarding the totem pole. CH-27-351 February 11, 1974 (re Proposal to Burn Old Livermore Sanatorium) Mary K. Berg, 4642 Almond Circle, representative of the Livermore Cultural Arts Council stated that it has recently been brought to their attention that the County Board of Supervisors has decided to allow the burning of the old Del Valle Sanatorium for fire fight- ing practice and at the last meeting of the Cultural Arts Council a resolution was passed opposing the burning. A tour was arranged which took place last Sunday and about 100 people toured the grounds and looked at the buildings which they still feel should not be burned for various reasons although there is a certain amount of decay which has occurred. She stated that they would like to have some of the buildings resurrected and used as a cultural or recrea- tional site. There has also been concern expressed for the surrounding native plants which would be damaged by fire. She stated that in speak- ing with the people who toured the area there was a very strong feeling of enthusiasm for opposing the burning of the buildings. She asked that the Council contact the Board of Supervisors and request that the build- ings not be burned; hopefully, there can be some preparation of a plan for the use of the buildings. Councilman Pritchard moved that the Council communicate with the Board of Supervisors, immediately, and let them know the feelings of the Council and he would suggest that perhaps some type of ad hoc citizens committee might be formulated to study what should be done with the sanatorium rather than to burn it, and to ask the Board to at least hold off with the burning, seconded by Councilman Futch. The City Manager commented that the best form of communication re- garding the matter would be a letter to the Board. The motion passed by a unanimous vote of the Council. SPECIAL ITEM - RE CITY POSITION ON GELDERMANN PROPOSAL Councilman Futch commented that as a Council representative to the Chamber of Commerce he was in attendance at the last Board of Directors meeting at which time plans were formulated for a general membership lunch to hear the proposed plans for a new community north of I-580 (Geldermann's New Town) and Councilman Futch felt the Council might like an equal opportunity to express its views on a matter so important to the future of Livermore. He noted that since it may be difficult to get the members of the Chamber to attend two luncheons regarding the same topic he would hope that the two viewpoints could be discussed at one luncheon which he discussed with the Chamber Presi- dent, Gene Morgan, who has indicated that this will not be possible due to insufficient time but that they would consider a separate meeting either before or after the date the Geldermann representative will speak, which has been scheduled for February 26th. Gene Morgan explained that the meeting is for the purpose of obtaining information only and that the Chamber has not formed an opinion as yet. Reservations should be made by any interested person no later than Feb- ruary l8th by telephone. He pointed out that the meeting will begin at 12:00 noon and will conclude at 1:30 p.m.; therefore it would be impossible to hear both viewpoints in this time. He stated that reservations have tentatively been made at the Holiday Inn for March 7th and 8th for a luncheon meeting to hear the Council's position on the Geldermann proposal and that they tried to pick a time close to the date the Geldermann representative will be speaking. Mayor Miller stated that the Council agrees that a presentation should be made and after a brief discussion it was agreed that March 7th would be the best date on which to meet. CH-27-352 February 11, 1974 CONSENT CALENDAR Re. Transfer of Funds from Airport Opere to Spec. Aviation Fund ~ The Director of Finance reported that the City is required to deposit \ matching money in the Special Aviation Fund to qualify for the $5,000 allocation from the California Airport Aid Program prior to submittal of an application for the funds. It is therefore necessary to trans- fer $5,000 from the Airport Operations Fund to the Special Aviation Fund prior to the filing deadline date of March 1. The City Council must authorize such a transfer. P~SOLUTION NO. 18-74 A RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS (Airport) Resolution re Exec. of Agreement - First St. & No. Livermore Ave. Proj. The Director of Public Works reported that a cooperative agreement with the State Department of Transportation has been drafted regard- ing the First Street, North Livermore Avenue project. The City will design the project and call for bids, pay for half of the right-of- way and construction costs but the State is limited to $lOO,OOO. The State will acquire the remaining right-of-way (the southwest corner) and it is recommended that the Council approve the agreement. RESOLUTION NO. 19-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT (State Department of Transportation) Re PUC Rate Increases The City Attorney explained that he did not have time to prepare a resolution regarding the PUC Western Union rate increase but what would be proposed would be that the Council would suggest that any rate increase not be in excess of the average cost of living increase indicated in the Bay Area by the Bureau of Labor Statistics calculations. The rate in question represented approxi- mately a 1/3 or more increase. A resolution can be drafted for con- sideration at the next meeting or can be ready for signature tomorrow. Mr. Parness explained that the PUC considers applications regularly and some are more detailed than others and require a great deal of study and comprehension of the intricacies involved. Therefore, it is seldom that local jurisdictions avail themselves of the opportunity to state a view, and he commented that he has had personal experience where this has been found necessary but only upon the employment of qualified people through unification of local jurisdiction whereby in concert they employ technicians - tax rate attorneys and specialists in this business that can delve into the questions in necessary detail. In his opinion the City Council should take no action because he feels it improper to do so. The State PUC is acting in our behalf to re- ceive and analyze all the applications for rate adjustment and he would recommend no action on the part of the Council. CM 27-353 February 11, 1974 (Re PUC Rate Increases) Councilman Futch wondered what the purpose is of sending out all of this information to the local jurisdictions, and Mr. Parness explained that it is merely a part of the statutes that require all local jurisdictions to be notified. Councilman Pritchard moved that this item be tabled but the motion died for lack of a second. Mayor Miller stated that he does not have the same faith in the Public Utilities Commissioners as the City Manager does, commenting that a little study of the history of California suggests that the PUC satisfies the old add age that "the controlled control the controllers II and stated that the last set of appointees to the PUC have been appointed by Governor Reagan. He felt the Western Union application appears to be a lIclear cut gougell that he feels the Council, on behalf of the citizens, should take some position on. He felt that if notification to the local jurisdictions is a part of the statute it was put there for a reason and is within the purview of the City and something the City should take a position on. The City Manager stated that he feels this is a proper attitude if the position is based upon technical comprehension of the issues but would respectfully submit that the City does not have the technical expertise to do this. Councilman Futch stated that he understands what the City Mana- ger is saying but on the other hand he feels that the City Attor- ney brings only those matters which seem out of line to the atten- tion of the Council and feels it would be appropriate to question something considered to be way out of line. It might be best to ask the City Attorney to check into this matter and if he still feels that Council action should be taken after due consideration has been given, Councilman Futch stated that he then would be willing to listen to the arguments. The City Attorney explained that we are in no position to give something the analysis that the trained staff of the PUC can give it; however, they have no contact with the people and with what is going on in the world and would tend to feel that since the PUC is required to send notices to local jurisdictions that they must be expecting and looking for some kind of feedback and this must be what the legislation intended. When it is evident in a simple one page document that rate increases of 35-50% are going to be imposed it would seem that a resolution requesting that the PUC examine such a rate increase would seem to be a kind of interest and concern that can only have value to all who see it. It is not intended that the matter will be analyzed and a contrary proposal made as we do not know the costs for providing such a service but as representatives of consumers and those deal- ing with the high cost of living problems daily, there is an oppor- tunity to make an input through Council resolution. He pointed out that he receives approximately 6-8 notices on rate increases per month and this is the first notice he has seen in seven months that he felt should receive some kind of response. Councilman Beebe stated that he knows what the PUC hearings are like and feels a Council resolution, as suggested, would do no harm but in his opinion it would not achieve anything in the way of pursuading them in any way. CM-27-354 February 11, 1974 (Re PUC Rate Increases) Councilman Futch moved that the item concerning the PUC Western Union rate increase be continued until next week, seconded by Councilman Pritchard and which passed by unanimous vote. ( I \ APPROVAL OF CONSENT CALENDAR Councilman Beebe moved that the Consent Calendar be approved with the deletion of the item concerning the PUC rate increase, seconded by Councilman Pritchard and which passed by unanimous vote. COHHUNICATION RE HOUSING ELm1ENT - GENERAL PLAN A letter '\.ITaS received from the League of Ivomen Voters commending the City Council for its approval of the Housing Element amendment to the General Plan and stating their position in favor of providing variety in housing for economic, appearance and life-style reasons and to avoid leapfrog development. C0I1J1UNICATION RE R. V. TRA.ILERS ON-STREET PARKING A letter was received from Mr. R. C. Ryall, 389 El Caminito, regard- ing on-street parking of recreational vehicle trailers which he noted has increased during the past year creating a number of problems and in some cases, traffic hazards. Mayor Miller stated that the major portion of the letter deals with on-street parking and another point raised is what has happened to our Trailer Ordinance that has been left in the air for over a year regarding off-street parking. Mr. Musso stated that on-street parking is clearly not allowed and such should be reported to the Police Department but the City is in the process of enforcing the on-site abatement of the trailers. He noted that there have been numerous complaints from people who feel there is inequity involved in their case such as a person who lives on a corner lot and must put his vehicle in the back yard while all the other people on the street are allowed to park in front. He stated that perhaps it would have been better to establish zones ra- ther than the capability of parking access. He stated that the staff is trying to establish some type of criteria to go by such as size, rather than trying to differentiate between a trailer or a vehicle. After brief comments from the Council members the City Attorney was asked to comment and he replied that he would suggest that the staff, in cooperation with the Police Department, check other jurisdictions to see if they come up with any solutions to this problem. He feels that parking in the public right-of-way can be taken care of but restrictions regarding parking related to size would present some substantial problems and does not know what can be done to solve the problem. Councilman Beebe moved that the staff be directed to investigate the matter to see what can be done, seconded by Councilman Futch, and which passed unanimously. CM-27-355 February 11, 1974 CONTINUED DISCUSSION RE JUDSON PROPERTY APP. SO. OF I-580 The Judson property (south of I-580) was a continued matter from the meeting of February 4th and the Council entered into discussion regarding the map and the acreage to be dedicated to the City. It was noted that the Planning Commission has recommended four acres for the requested rezoning to commercial. Mr. Lee also explained the area depicted on the map and where the Union station is located as well as the topography of the land and the elevations of the channel, etc., and the property lines of the Union Station and the channel right-of-way, and the proposed traffic pattern to the Judson property. Councilman Futch reminded Mr. Lee that they did not know the location of the drive through the Union property, and Mr. Lee stated they had not been able to provide that information. Councilman Pritchard remarked that the state owns a certain por- tion in that area, and yet the applicant is proposing to widen the bridge and he asked what public utilities run along the bridge. ~1r. Lee replied that a l4-inch City water main follows the top of the bridge, however a sanitary sewer line on the other side would not be affected; also California Water has a line there but he does not know the exact location. Councilman Beebe asked if the access into the commercial proper- ty was really adequate, and Mr. Lee replied he felt it would be adequate with the conditions they have considered; it would be no different than the station that is there now. Mr. Musso stated that the condition is that they provide the access and also it is to be provided before it is approved. The Council would not want to grant the zoning until they have this assurance. Councilman Beebe agreed that is what the Council has been saying; the Council wants to condition the zoning. Mr. Musso added that there is no difference between conditionally zoning and getting assurance and not granting the zoning until you have the assurance. In other words, you could say that as a condition to the zoning they have to give access to the property and you grant the zoning and before the permit is issued they have to provide the access. The other way is to withhold grant of the zoning until they furnish an agreement from Union Oil to make sure you have the proper access. Councilman Pritchard pointed out that whatever the amount of the land is the City is supposed to receive, they may be bargaining off a piece of land the City can do absolutely nothing with and which might have a lot of channel in it. ~1r. Musso stated that this was the Commission's attitude about this offer - that it really did not have any public value except just visual open space. There is a requirement in what he had proposed that requires access to that property through this same easement. Mayor r1iller stated that there are several things missing - 1) the appropriate letter from Zone 7, 2) the proof of access, 3) the text of the conditions and then there is still the question, beside the access, whether the amount of property is a reasonable exchange. These items should be discussed later. David Madis, Attorney at Law, representing the applicant indicated he had anticipated a long list of conditions on the zoning. They CM-27-356 ( I '\ February ll, 1974 (Re Judson Property South of I-580) would like to have a decision as to what the Council wants as far as access is concerned as it would make it much easier in working out the details and arriving at the engineering estimates of cost. An indication of what the City wants regarding the width of the roadway and what the City ~Tants in access would be useful in his client's discussions with Union Oil Company. Hr. Lee has informed them ,\..,hat vJOuld be necessary for the First Street area, and they can wait and go through an actual detailed plan with all the conditions spelled out. There was some concern that all dedication rights to be deeded to the City would not be very useful to the City except for permanent open space. One of the concerns of the Planning Com- mission was if you allowed some commercial of a limited nature on adjoining property, eventually there would be a demand for that to be commercialized. The applicant has indicated they wanted about half of this property, which consists of 9.64 acres, for their use, and the other half would be the open space rights, or dedication of the building or developing rights on that portion of the property to the City. They have no objection to this matter being put over so that the actual roadways can be developed, and the conditions can be de- veloped by the City staff and the actual review of those conditions as he appreciates these conditions can run into a great deal of consideration. Mr. Madis concluded that on behalf of the applicant they would like the Council's approval, but could understand if the matter is continued. Councilman Pritchard pointed out it is the business of the applicant to present to the Council what is being proposed, not for the Council to dictate to the applicant what should be done or where it should be done. The proposal should be brought to the Council for a decision as to whether it is proper or not. Hayor Hiller stated he had not heard that it was to be a half and half deal; that is not what the Planning Commission recommended, and there still remains the question of how much acreage there actually is. Councilman Futch indicated he would like to see the details especially in view of the fact that the amount of land has shrunk considerably. Councilman Pritchard asked Mr. Madis what his understanding was as to the amount of land, and Mr. Madis reolied he did not think there was ever any understanding as to the amount of land. The Planning Commission had said they were not concerned with the balance of the land; they simply drew a line and rejected the proposal regarding open space; they did not think it had much utility for the City and were not interested, but said the area is properly zoned CS. The first time he appeared before the City Council there was no understanding but they had said they would lik to have six acres and the balance, whatever it was would be in permanent open space deeded to the City, but the Judson sisters would like to keep ownership of the property if at all possible, but they would furnish the City with whatever document was necessary. Mr. Musso explained that there were varying numbers regarding acreage, but in the staff report they called it l2.7 according to one of the maps they had; a letter from the Judsons referred to 9+ acres and a map submitted bv the applicant referred to l8 acres. The Planning Com- mission indicated approximately 4 acres for commercial. Councilman Beebe stated he would like to make a motion of intent, that the Council approve the Planning Commission recommendation of 4.0 acres of CS and the balance of 8.7 acres that the development rights be transferred to the City of Livermore in a manner that would satisfy the City Attorney so that the City would have perpetual development rights and also that the road~..,ay into the newly created C~1-27-35 7 February 11, 1974 (Re Judson Property Rezoning Property South of I-580) CS Zone be at least a 30 ft. roadway to the south, to the Union station and be to the satisfaction of the Public Works Director as to proper size, channelization and so forth. Councilman Futch stated he was not sure he would second this tonight, but this was generally the way the Council felt previously, however there was no longer 8.7 acres. Robert Zackney, representing Dr. Judson, stated he did not know where the misunderstanding lies, but the size of the parcel has never changed; the boundaries of the line remain the same. There is the exact amount of acreage there today that there was twenty years ago, the only difference in the size of the parcel is in numerals presented. They never gave any indication there was any more than 9.7 acres involved in the parcel and the Assessor's Parcel Map explains very vividly that there is 9.7 acres. There was some discussion regarding the misunderstanding of the size of the parcel, and Councilman Futch continued by saying that he did not believe that the land would be useful to the City, and the Planning Commission recognized that. It would only act as a buffer to separate the commercial from the residential area proposed for the other part. Councilman Pritchard stated that the application with all the un- answered questions was premature and even though the Council has been discussing the matter for several weeks, they have not come to any conclusion. Mr. Zackney, in answer to Councilman Pritchard, asked what the vote was last week as it was his understanding that the vote was consenting to the decision of the Planning Commission upon zoning of four acres of this property, conditioned upon 1, 2, 3 and 4 which conditions were to be outlined this evening to him and to his attorney as to what the City required them to do. Councilman Futch stated they had voted 3-1 to approve the recom- mendations of the Planning Commission, but they wanted the details for this meeting and specifically the details on the location of the street, and the entrance and if there would be any conflict on egress from First Street. The Council does not have this in- formation. Mayor Miller explained that what Mr. Zackney heard was an expres- sion of general intent, which is not a commitment by the Council, because there is no zoning action before them. In fact, before the second reading of the zoning ordinance is complete, it is always possible for the Council to change their mind about whether they will approve a rezoning. Mayor Miller added that besides feeling it should not be zoned commercial at all, which was his reason for dissenting last week, the access to the parcel does not make sense to him; the rezoning seems unreasonable. Mr. Madis stated it is his understanding the purpose of zoning is not to acquire the City property; the City decides whether the property should be zoned commercial, industrial or some other uses, regardless of whether or not the city is to receive land. He also understands that the City has a duty to its citizens to protect their health, welfare, safety and well being, and to do that it designs streets and imposes conditions. The Planning Commission has indicated this property should be zoned for this use, and it is a right and proper use. They have volunteered that the balance of the property go into open space. The purpose is that this property is located in an area in the City that has no other feasible use except for commercial. The minutes of the last meeting indicated there was a resolution asking for the con- ditions and they were to discuss the conditions of the approval. CM-27-358 February 1l, 1974 (Re Judson Property So. of I-S80) ( i'1ayor Miller commented that it ,,,as obvious they did not have the conditions; also some of the Councilmen are not satisfied with what has been presented so far. He stated there are alternate zones available, which are not as satisfactory to the property owners, but still available such as Agricultural, and the other is zoning as Residential as shown on the General Plan, and it could stay that way and the development rights could be sold on the assump~ion that the Council would adopt the density transfer concept. He pointed out also that the Planning Commission's recommendation had tied to it the considerations of what would happen to the balance of the parcel. Councilman Futch again pointed out that the only use for the property is as a buffer. At this time he seconded the motion made by Coun- cilman Beebe. Councilman Futch continued that it was the intent of the Planning Commission to zone a portion of the parcel to CS and the remainder to be dedicated to act as a buffer between that and the residential area. Even though the amount of the land is less, he felt the intent of the Planning Commission is still there. Prior to any final decision, he would want to see the street layout. There was some question regarding the motion, and Councilman Futch stated the motion made by Councilman Beebe was the same as the motion made last week with a change in the acreage, however Councilman Pritchard stated the motion last week was to continue, and t1r. Musso read from the minutes the motion that had been made last week. Councilman Futch stated they had aoproved that motion and all they were waiting for was the road layout. f~r. Madis indicated he was confused and wanted to know if his client was supposed to present an exact layout to the City Engineer for his approval. Councilman Futch clarified his intent to mean that he wanted to see the exact property lines and where the road is to be located. Mayor Miller asked Councilmen Beebe and Futch if they had withdrawn their motion, and Councilman Futch stated it did not make any sense to make a motion as they had approved a motion last week and all they are waiting for to implement what they approved last week as far as he was concerned is a map showing the road location. Councilman Pritchard reminded them that the motion was still to continue for another week, which was amended, but it would have to be for another week which was not amended, and they are at that point now and they have no new information that they asked for. He felt the applicant was hoping for rezoning and then hoping to work out an easement with Union Oil, which has not been resolved. He still objected to any type of access north of that building and between the channel. He felt the only thing the applicant could present that would satisfy access to that property would be to buy the Union Oil station. At this time Councilman Futch moved that the matter be tabled for one week, which was not debatable; motion was seconded by Councilman Beebe, however the motion failed 2-2 with Councilmen Beebe and Futch in favor and Councilman Pritchard and Mayor Miller dissenting. Hayor Niller then moved that the application for rezoning be denied; motion was seconded by Councilman Pritchard. This motion also failed 2-2 with Councilman Pritchard and Mayor Hiller in favor and Council- men Beebe and Futch dissenting. CM-27-359 February 11, 1974 (Re Judson Property So. of I-580) Mr. Madis suggested that they continue the matter until such time as there is a full Council. Councilman Futch moved that they continue the matter until there is a full Council as suggested, and Councilman Beebe seconded the motion with the condition that they also have the information re- quested at that time. Mayor Miller asked for a roll call vote, indicating that he very reluctantly would vote "aye" on the motion, and the motion passed 3-1 with Councilman Pritchard dissenting and Councilman Taylor was absent. Mr. Musso reminded the Council that there was a time limit, but it was determined that there are still three meetings at which time this matter can be considered. Mayor Miller apologized for the length of time consumed, but remarked that there are some concerns on the part of the Council. CONTINUED DISCUSSION RE ZONING ORDINANCE &~mNDMENTS (Industrial Districts) Mayor Miller explained that the continued discussion regarding pro- posed zoning ordinance amendments in Industrial Districts was due to the fact that a number of questions had been raised by the In- dustrial Committee and the Chamber's Industrial Committee, and copies of letters were included in the agenda from the various companies for the Council's review. Mayor Miller asked for any comments or suggestions. Councilman Futch suggested that the Council answer some of the basic questions first, i.e. the Chamber had suggested that there be just one zone because they recommend 70% coverage for all three. The question is whether there should be one zone or three zones, and the coverage, and maybe the parking. He felt the Council might like to discuss these before they get into the text of the letters. Mayor Miller stated that unless there is a motion to amend, he saw no reason to discuss it further. unless there is some general dis- cussion, he suggested they go over the ordinance point by point. Councilman Futch stated he thought there might be some general dis- cussion on that as the matter of philosophy is the approach you must take, and Hayor ~.1iller agreed his point was well taken. Councilman Beebe mentioned that Milo ordyke, Chairman of the City's Industrial Committee was present, and suggested that he be invited to address the Council on the points of the letters from the other companies to ascertain if they concur with the percent of coverage or whether there should be some amendments made. Milo Nordyke stated that in looking at other industrial areas and at what other cities used and in talking to the industrial develop- ers they contacted they found with regard to the point of coverage from the industrial developer's standpoint a diversity of views ranging from only 50% to 78%. In analysis, it seemed what people were talking about were different kinds of developers who were in- terested in different kinds of development from an economic stand- point or from a use standpoint. So in designing the ordinance they actually designed three different economic zones for industry - zones where no matter what your taste is with respect to industrial development, there is a zone for you. Taking that point there is a large amount of industrial land and we have great need for indus- trial uses, we should not put ourselves in a position of limiting CM-27-360 February 11, 1974 (Z.O. Amendments in Industrial Districts) in any way the type of industrial developments so long as it is a good, clean, respectable and taxpaying industry. In looking at many communities, in particular those in the East Bay that we compete with - Union City, Fremont, Hayward, San Leandro, Oakland and Pleasanton, they found the range of coverage to be the minimum of 50% in Livermore and Pleasanton, ranging un to 100% in San Leandro and Oakland. That is the background for the 50%, 60% and 70% which they discussed at some length with the Chamber as well as their concern and recommenda- tion that it be modified to be one zone of 70%, their argument being they would not like to have anything stand in the way of industrial development. ~r. Nordyke felt to do that would be to destroy the structure the Committee tried to build into the ordinance of the three economic zones. One section which he felt had a lot of pro- blems written as it is is 14.77 re the requirements for a CUP when- ever it abuts an "R" or "E" District, and he would like some dis- cussion on this. The Committee would like the opportunity to discuss any suggestions for amending the ordinance that the Council might have. Mayor Miller suggested that Mr. Nordyke state his view on Sec. 14.77, and ~1r. Nordyke commented that the section as worded requires that whenever there is a parcel abutting an "R" or "E" District, develop- ment or use can only proceed under a CUP. That procedure is time consuming and consequently money consuming, and the requirements for a CUP are the same legal requirements as amending the ordinance, and is a very strong protection in the ordinance which, in his view, should be reserved for those things the Council feels requires Council action. The section gives no hint as to ",'hat the Council might require in order to utilize a parcel abutting an 'R" or "E" District. The original wording of that section was that the setback for a parcel abutting such districts should be 25-ft minimum, and if there was any desire to place the building closer, then it would require a CUP. He felt that when there was a quantatative number the applicant would have some idea of where to begin. Councilman Putch brouqht up the point that there was no height specified and this point \~as discussed, as there was concern voiced if the setback were only 25 feet. ~1r. Musso stated that one of the things the Planning Commission pointed out is that there is virtually no place where this would be applicable after they utilize the CS Zone. ~1r. Nordyke agreed there are a realatively small number of areas where this section could be imposed, but that does not pertain to the question which is the best way to write the ordinance. Hayor ~1iller commented that it still allows a 2-story building, 25 feet from the property line; it allows external uses within that setback area. The Planning Commission's concern was for the resi- dential property owners who are already there get fair protection. Although a CUP is slow, it is not as major as an amendment to an ordinance. Mr. Nordyke stated that most of the designated residential areas where an industrial area abuts have no residences there now. If indus- trial is there first, it should have some protective rights from having residential uses imposed upon it and the use of its property. The Council could adopt wording which would take care of height problems if it is felt that is a serious problem. CM-27-36l February 11, 1974 (z.o. Amendments - Industrial Districts Mr. Musso suggested that the section might be amended to read rather than ll..except along a public right-of-way," continue by saying "...right-of-way of a street, railroad or stream channel". There may be residences along the south side of the SP tracks. Councilman Futch stated that in view of the very small number of problems in these areas, he would tend to stick with the Planning Commission's recommendation, as he did not feel it was a major point in the ordinance. Hr. Nordyke suggested the Council at least delete the wording, 1I..0r use" as he felt it was an unworkable provision, however Hayor Miller felt this was the most important point because if there was something in the setback that would go right up to the property line it would be needed. Mr. Musso suggested that the the section could be qualified further by excepting a parking lot if it would he1? Councilman Beebe asked if any of the suggestions answered the pro- blem, and Mr. Nordyke stated they did help, and Councilman Beebe moved that Sec. l4.77 be amended to read: liThe development and/or use of any lot, parcel, or site abutting an "R" or "E" District, except along a public right-of-way, street, railroad, stream channel or parking lot," etc. Motion was seconded by Councilman Futch. Mr. r1usso asked if he could qualify the parking lot in a later draft, and the size of the parking area was discussed, and it was determined that if the parking lot was 60 ft. in depth, the de- veloper would not require a CUP. A vote was taken on the motion which passed unanimously. ~1r. Nordyke referred to Sec. l4.7l with regard to minimum street frontage yard which states the minimum is l5 ft. and the average 25 ft. ~ihat was attempted there was to try to get approval for use of a part of the front yard for driveway, rather than having the 25 ft. strip being denied from any use. The Planning Commission inserted the averaging, but in averaging frontage, it doesn't help very much. The Chamber made the suggestion in Zones I-l and I-2, if 10 ft. of the setback were available for parking, it would pro- vide more flexibility in use of the site. The question is how wide a landscaped strip is needed in order to have the effect the Council is striving for. Is a 15 ft.1andscaped strip wide enough or does it have to be 25 ft. in order to look like the I-l. The counter to that item is that the landscaped strip is far more dependent on how it is maintained rather than on how wide it is. When asked what he would suggest, Mr. Nordyke stated that in Section 14.71 (a) he would recommend minimum 25 ft. of which 10 ft. may be used for driveway, plus the public right-of-way which is also required to be landscaped, which would mean a 15 ft. landscaped strip. Councilman Futch stated this sounded reasonable to him and moved that they have a minimum of 25 ft. with a 10 ft. driveway allowable, and strike through the minimum 15 ft. Motion was seconded by Councilman Beebe. The motion was further clarified that the inside 10 ft. could be a driveway. Mr. Musso suggested that instead of a yard, perhaps the section should read building setback, and should indicate building setback of 25 ft. and a front landscaping of 15 ft. The Council agreed that it would be better worded in that manner. cr1-27-362 February ll, 1974 (z.o. Amendments - Industrial Districts) ( \ Mayor ~1iller moved to amend the motion that the same requirements be added to 14.71 (b) and (c), the object being that a 5 ft setback is useless as a setback. The amendment died for lack of a second as the Council felt that the public right-of-way would take care of the additional frontage. A vote was taken on the main motion which passed unanimously. Councilman Futch was asked to comment on amount of coverage in the three zones, and he stated he would like to see the one with 70% coverage (I-3) restricted to real industrial and warehouse type uses which they are modifying the ordinance to obtain. He questioned whether they should allow other uses with 70% coverage even though they are philosophically contrary to the recommendations of the Indus- trial Committee. He would limit the 70% coverage to manufacturing and warehousing, and not allow a skating rink for example. ~1r. Nordyke pointed out that recreational uses require a Conditional Use Permit according to Sec. l4.3l, and he would think that the Council would not even consider a recreational use such as a bowling alley or an obvious permitted use unless it was in the proper zone and had proper parking. Earl Mason, Chairman of the Chamber of Commerce Industrial Committee stated that he feels one of the important issues in the I-3 area is that only businesses with very few employees will ever be able to build on 70% coverage - it is going to have to be based on its parking requirements so the worries of manufacturing going in with 70% coverage are needless unless it is a tyne of manufacturing with very few employees. If it is limited to warehousing then all the ware- housing will be located in one area and not near the other uses. He stated that in the first place it is going to be very difficult to determine where to put the zones and then secondly it would be hard to try to decide vJhat use should be alloHed if it is to be limited.. He pointed out that the main purpose of the various zones is to allow a warehouse to go in anyone of them and 50% coverage would mean restricting warehousing in that area. Councilman Futch stated that he can see the City is going to start getting into a lot of problems if they don't stick with the City's Industrial Committee's recommendation. Mayor ~iller stated that his opinion is that there should be three zones, and explained that he feels this way because he agrees with Hr. Musso's comment as well as some of the Planning Commissioners in that it is very difficult to change the use once it has been established, and it is found that they do not have sufficient parking and have too many employees. If is very bad politically to say that the City is going to throw them out or will not accept the new indus- try. Earl ~.1ason replied that in an industrial area, forces are at work to require that if an employeer wants to go into a building it must be adequate for his use or it will not be rented to him. It must have large enough water and sewer lines as well as power utilities and parking facilities to serve the use. He pointed out that he could site an example in which someone started with a very small business with very few employees, was very successful, and now has many employees and a lot of parking but if the City had forced him to provide this same amount of parking in the beginning he ~~ou1d have gone to Dublin to establish the businessp rather than to choose Research Drive. C'1-27-363 " -----..,.-..,'~.---- ....-....-----.-.-.,.-..,-- ~ -. -.----""-"~~---_-.".~___"_...__"._.____.,....,,."_____M_'_.,...___.__..._....... February ll, 1974 (Z.O. Amendments - Industrial Districts) Councilman Futch at this time moved that the Council approve the three zones - I-I, I-2, and I-3 with the coverages of 50% for I-l, 60% for I-2 and 70% for I-3, seconded by Councilman Pritchard. Mr. Nordyke stated that in his opinion, and he feels the majority of the Committee agree that if the three zones are removed some flexibility is added but some structure of the ordinance would be removed in doing so and feels that it is not unreasonable to try to structure the industrial area without making it truly limited. He feels that warehousing in one area and manufacturing in another is not unreasonable and the ordinance accomplishes this and that it would not lead to abuse of the ordinance because he feels that industry is responsible and willing to compromise. ~ayor Miller stated that he has commented in the past that he feels the 50-60-70% coverage is too high and would agree with Commissioner Seldon's proposal to allow 45-55-65% and moved to amend the motion to reduce the coverage to this amount but the motion died for lack of a second. At this time the motion passed by a unanimous vote. Ed Butka, lOl5 Angelica Way, developer, stated that he feels the ordinance is basically good but that it is still not too conducive for new industry and would suggest that a longer time be given for them to pay various fees that are required on a five-ten year program at $lOO-200 per month rather than $40-50,000 in a lump sum for improvements, etc. He stated that unless something like this is done the City of Livermore ~vill continue to receive only a pittance of the industry other cities are receiving that are no larger than Livermore. RECESS At this time Mayor ~1:iller called for a brief recess after which the meeting resumed with all members of the Council present as during the roll call. l'10TION TO CONTINUE DISCUSSION OF ZOo ORD. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the discussion regarding the industrial ordinance amendments was continued to the next Council meeting. llEPORT RE ARROYO SECO CHANNEL DESIGN The matter of the Arroyo Seco Channel design was continued from the last meeting and Mr. Lee explained that LARPD has recommended that the channel be developed as a full arroyo parkway along the C~1-27-364 February ll, 1974 (Re Arroyo Seco Channel Design) ~ , \, residential area and somewhat reduced through the industrial property. He stated that they did not state, specifically, in their letter to the City but when he attended their meeting it was his interpretation that the reduction would be to l80-l85 feet wide. Lo~~ell Bergman, LARPD representative, stated that it was the feeling of LARPD that they do not want to give un too much of the dedicated land or dedication fees for the purchase of industrial property on the industrial side of the arroyo and the general feeling of the Board is that at this time the 225 foot minimum in the parkway from Charlotte Way up through the OGO property to the industrial property would be satisfactory if it could be reduced to the minimum Zone 7 width on the industrial side on through to Vasco Road. If, at a later date when the north side of the arroyo has been annexed to the City and the parkway is extended then a variation in width can be considered. Jane Staehle, representative of the League of Women Voters, stated that they would like to cOMmend the City Council for their decision last '>leek to include the Arroyo Seco in the Arroyo ParkV-lay plan but is concerned for how this will be planned and developed. She stated that they would prefer to see the full 225 foot width along the entire arroyo, and a variable width parkway with a minimum width sufficient for provision of a trail and arroyo parkway grading standards would be an acceptable compromise. The League members fully support the importance of planning for parks and land acquisi- tion including only minimum development. They feel the arroyos are a part of the Valley heritage and preservation of them in their natural state are imoortant to the members. They feel the citizens should be provided with the variety of recreational areas ranging from small developed parks to the primitive and undeveloped areas as represented by the arroyos. ~ayor ~iller stated that it is his understanding that ~hat the minimum width required by Zone 7 is about lOa feet and ~1r. Lee replied that this is what the minimum is with a 2-l side slope but with 3-l side slopes the minimum would be more like l25 feet and is what should be allowed if there are going to be trails next to the sl0ge. If there are going to be 3 to 1 slopes plus trails and trees a minimum ~vould be more in the area 0 f l6 a -180 feet. Councilman Futch moved that the Council aonrove a 180 foot minimum through the industrial area and a 225 foot width through the resi- dential area, seconded by Councilman Pritchard which nassed by unanimous vote. Prior to the vote Councilman Beebe noted that this will mean that a certain portion along the industrial property will have to be purchased by the City without receiving park dedication funds for industrial development. Mr. Lee noted that not all of this will be purchased at this time, such as portions along Vasco Road which the owner does not want to develop. Earl ~'Iason suggested that the minimum requirements of Zone 7 should be noted so that there will not be future arguments and the Hayor replied that the standards of Zone 7 today may be different than those at the time of development which would be the ones that would apply and Mr. 71ason stated that the standards have not changed since they were adopted in 1964 and the ~1ayor stated that if this is the case it does not need to be stated in the Council's words. CM-27-365 February 11, 1974 REPORT RE DENIAL OF ZO. USE PERJ'.lIT (Hichael Robles) ~r. Musso stated that an application for a home occupation permit for the purpose of a cement contracting office was considered by the Planning Commission and the home occupation policy indicates the use to be the type of a home occupation that might be permitted. The public hearing was held and though there was no adverse testimony from the neighborhood the Planning Commission felt due to the issue of equipment storage, and since it would be a full time business it did not qualify as a home occupation use without some detriment to the surrounding area, and denied the application. Mike Robles, 1932 College Avenue, stated that it was not clear to him as to the reasons for the Planning Commission's denial of his application other than the site of the equipment to be stored and he explained that the only equipment which would be stored would be one vehicle. Councilman Pritchard stated that he knows what the operation was when owned by Mr. Robles' father previously and to his knowledge there was never an incidence of the property appearing to be un- sightly and moved that the permit be granted for a period of one year with the conditions set forth by the Fire Department and then at the end of the year if there are no complaints or problems the permit can be reviewed for possible extension. with the addition that the vehicle must be parked in the garage, seconded by Council- man Beebe. Councilman Beebe stated that he also was familiar with the business when owned by Mr. Robles' father and did business with him over the telephone, the office was located there for years without any prob- lems as far as he knows. At this time the Council voted unanimously to approve the applica- tion for the permit, as specified. P. C. SUMHARY OF ACTION The summary of action taken at the Planning Commission's meeting of February 5, 1974, was noted for filing. MATTERS INITIATED BY THE COUNCIL (Resolution Endorsing LARPD Tax Override) Mayor Miller stated that the Council has been asked by the People Need Parks Committee to endorse the LARPD tax override which will be on the upcoming March election ballot. In talking with the Recreation District, along with Councilman Beebe, regarding their needs this would appear to be a very reasonable thing to do. It would provide for the undeveloped parks desperately needed in the community. On motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote, a resolution was adopted endorsing the LARPD tax override. RESOLUTION NO. 17-74 A RESOLUTION IN SUPPORT OF THE LIVER"10RE AREA RECREATION AND PARK DISTRICT TAX OVERRIDE MEASURE APPEARING ON THE MARCH 5 LOCAL ELECTION BALLOT Cf.1--2 7 -3 6 6 February 11, 1974 (re SB-90 Amendment) Councilma~ Beebe stated that the League of California Cities has recommended an amendment to SB-90 which would give the home owners tax relief because this would put a freeze on the assessments as of a certain date and perhaps this is a bill the Council could endorse. The staff was directed to obtain copies of the bill for the Council to review and consider. (re Disclosure of Funds Forms Not Available at City Hall) r1ayor ~liller stated that he has had complaints from people who have said that the City of Livermore does not have the forms necessary to comply with the disclosure ordinance regarding campaign statements and the City Clerk exnlained that two sets were given to every candi- date and it was her understanding that this would be sufficient. The City Clerk exnlained that the sets were quite voluminous and it would be very costly to provide additional sets unless they are necessary. It was noted that perhaps the complaint was over the fact that there were not enouqh sheets to list all the contributors and it was felt the matter could be resolved. (re Chestmobile Service Elimination) ~ayor Miller stated that he has received a letter from the Junior Womens' Club informing him that the services provided by the Alameda County Chestmobile are no longer available to the City of Livermore and feel that the Alameda County Health Agency is failing in its responsibility to people who pay the taxes for its operation, and ask that the Council support the Chestmobile's continued operation in the Livermore Valley. Mayor Miller suggested that a letter be sent requesting continuatio~ of the services to the appropriate people and the Council agreed. On motion-of Councilman Futch, Seconded by Councilman Pritchard, and by unanimous vote the City Manager was directed write the letter. (re Gillice Units) Mayor ~1iller stated that he has been studying a file of the Gillice condominiums and the second unit was approved by the State Department of Real Estate without having all of the City's requirements satis- fied, and in particular, there was no filing of a subdivision map which is required by state law., and would suggest that a letter be sent to the State Department of Real Estate pointing out that the approval for Unit 2 was given without a subdivision man having been filed with an explanation about what appears to have happened. The City Attorney replied that he would prefer, if the City intends to take any action with res~ect to the attorney involved in the approval, that he check into the matter further and make a recommendation to the Council after looking at it carefully. Until he feels confident that the City can demonstrate an inten- tional misrepresentation on two occasions he would feel that the City should not act precipitously. If it is, in fact, a matter of misconduct then it should be referred to the State Bar Associa- tion; however there should be definite evidence of such. The acts CQ.-27 --367 February ll, 1974 (re Gillice Units) have all been done and if it constitutes improper conduct it will still be improper conduct after the matter has been examined care- fully. It was the consensus of the Council that the City Attorney should investigate the matter. (re LAFCO Issue at Mayors Conference) Mayor Miller stated that he is sure everyone is aware of what happened at the Mayors Conference with regard to the LAFCO issue and the Spheres of Influence Boundary and that there is not much to report other than the fact that the City did not win support. He stated that we did receive four votes in our favor, however. If the City had received support it would have aided us in getting a rehearing but there is no reason why we can't request another hearing and if such is refused we can examine what other options might be open to us later. ~~TTERS INITIATED BY THE STAFF (re RR Relocation Proj.) The City Attorney stated that in January the PUC issued an order authorizing the City to proceed with construction of the railroad relocation project and a petition for rehearing was filed on Febru- ary 1 by the Southern Pacific Railroad because it did not feel the 50-50 sharing of cost ordered was acceptable. Last Friday the Western Pacific Railroad filed a petition with the PUC asking that they deny the Southern Pacific Railroad petition for rehearing and this after- noon the City of Livermore filed a request with the PUC asking that an interim order be made so that construction can begin as soon as we are ready to proceed rather than to have to wait for a decision on the litigation of cost division. There is a provision in the PUC law which allows the City to make the request as long as it is willing to advance the funds for the Railroad's share of the project - to be credited against the City's contribution after the construction is under way. As far as the condemnation action, there were promising indications last week at which time discussion among representatives of the City and Railroad indicated that there was a settlement in the offing. It appears that further negotiations will be necessary and the City Manager is now back and can carry on these negotiations. We have agreed with Western Pacific to defer the effect of the order of possession from the 15th of this month to not later than March lst - not more than a two week delay. He noted that the negotiations have been pursued and one of the railroads is reluctant to adopt the settlement package and the City Manager has set up a meeting for later in the week to discuss the issue. ADJOURNMENT There being no further Council business, Mayor Miller adjourned the meeting at 12:00 p.m. APPROVE Mayor ATTEST City Clerk Livermore, California CM-27-368 Regular Meeting of February 19, 1974 A regular meeting of the City Council was held on February 19, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Miller presiding. (' \ ROLL CALL PRESENT: Councilmen Taylor, Futch and Mayor Miller ABSENT: Councilmen Pritchard and Beebe (Both seated later) PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. P.H. RE EXT. OF INTERIM ZONING ORD. Mayor Miller stated that no action can be taken with regard to the extension of the Interim Ordinance on zoning until there are at least four members of the Council present and suggested that the matter be postponed until later in the evening. INFORMAL HEARING RE OPERATION OF AIRPORT LIMOUSINE SERVICE Mr. Parness explained that there has been a request for a permit to operate a limousine service on a telephone call advanced reserva- tion basis, with no set schedule for service to the airport. There is no objection on the part of the Police Department and it is felt that there would be no intrusion into any other comparable business that is now underway in the City and the staff has no objection to the issuance of a permit for this purpose. It was noted that the Council received a letter from Mr. Struthers just prior to the meeting asking that the matter be postponed. There was some discussion regarding the procedure for an informal hearing and it was noted that an informal hearing is basically the same as a formal hearing but the 10 day requirement for publishing a notice of the hearing is not necessary - it requires notice only 3 days prior to the hearing. At this time the Mayor opened the public hearing and asked if there is public testimony regarding application for the permit. Bill Struthers, attorney representing Holiday Limousine Service, noted that he is not sure whether this service would fall under the taxi cab service permit or would need a business license which would pay taxes to the City. He stated that if this business is in the taxi cab category the application would have to be considered on the basis of public necessity and the rate structure reviewed. He then requested that the matter be continued so that all the aspects of the application might be reviewed. Brian Wilson, Manager of the East Bay Division of Airport Limousine Service, stated that on July 31, 1973, the PUC granted a certificate of public convenience and necessity to Airport Limousine Service in Alameda County as well as other counties and that the rate sheets presented to the Council are published rates. They have been advised of the regulations and rules they would have to comply with to operate in the City of Livermore. CM-27-369 February 19, 1974 (re Limousine Service) COUNCILMAN BEEBE WAS SEATED JUST PRIOR TO THE DISCUSSION REGARDING THE AIRPORT LIMOUSINE SERVICE. The City Attorney commented that the applicant organization has been providing this service to the City of Livermore and it came to the attention of the City that the frequency of operation, which was about 6 transactions per week, warranted their obtaining a business license and they have willingly agreed to cooperate with the City and to obtain any license or permit the City might require so they might continue to maintain the level of business they were conduct- ing. He would suggest that they be allowed to transact business pending a final decision. The applicant corporation could be granted a license contingent upon satisfaction of all the requirements of the taxi cab and other public conveyances ordinance with the right for Mr. Struthers to react to any materials they may submit. Councilman Taylor asked if the Airport Limousine has been operating in the City without a permit, and the City Attorney replied that in the process of transfering the ownership of the local taxi cab service it was discovered that the former taxi cab service had been in opera- tion without a permit and that Airport Limousine has been doing the same; however, it has been determined that this was an oversite and a lack of communication and not intentional on their part. Councilman Futch moved that the matter be continued to the meeting of March 18th, with permission to operate until this time, seconded by Councilman Beebe, and which passed unanimously. Councilman Taylor asked the City Attorney if public necessity is an issue and the City Attorney replied that it certainly is a considera- tion - the convenience of the public must be weighed with the reasonable expectation of a profitable operation and the fair right of the other competing party to supply equal or better service. Councilman Taylor felt it would be worthwhile to have some kind of recommendation on this point and the City Manager noted that he feels this is a different situation as there is no schedule or spe- cific route available to the public user, with which the City Attorney agreed. CONSENT CALENDAR Departmental Reports Departmental reports were received from the following: Airport Activity - January Building Inspection - January Fire Department - quarterly, October/December 1973 Mosquito Abatement District - December 1973 Municipal Court - December 1973 Police and Pound Departments - December and January Water Reclamation Plant - January Minutes Minutes were received from various committee meetings as follows: Airport Advisory Committee - February 4 Design Review Committee - February 6 Beautification Committee - January 2 CM-27-370 February 19, 1974 Communication re Designation of Board - Joint Powers (Valley Water Interests) A letter was received from Kenneth Scheidig, Pleasanton City Attorney, regarding designation of Board representatives for the Joint Powers Agreement - Valley Water Interests. He pointed out that Livermore and Pleasanton will be holding municipal elections in March which may mean a change of the Council members on the Board and suggested that the Council designate two members as interim representatives on the Joint Powers Board until such time as the new Councilmen take their seats. The Mayor indicated that he and Councilman Futch would act as interim appointees to the Valley Water Interests Joint Powers Board until the Council reorganizes after the election, which met with the concurrence of the Council members. PARC Progress Report A PARC progress report #8 was submitted to the Council by the Committee which included pending legislation pertaining to ridgelands and action pending in various areas. PG&E Rate Increase Notice Notice was received from PG&E regarding an application filed with the PUC requesting rate increases for several catagories of services. Res. re Fee Adjustments It was noted by the Public Works Director that not all the fee adjustments were supplied in the report regarding fee adjustment for storm drainage and sewer connection for 1974, and the matter was continued to next week and removed from the Consent Calendar. Payroll & Claims There were 136 warrants in the amount of $l45,777.28 and 275 payroll checks in the amount of $71,755.07 plus replacement of lost Warrant #8361 in the amount of $107,7l9.9l for a total of $325,252.86 ordered paid by the City Manager. APPROVAL OF CONSENT CALENDAR Councilman Futch moved that the Consent Calendar be approved by the Council with the continuance of the item regarding fee adjust- ments for the storm drain and sewer connection, seconded by Councilman Beebe and which passed by unanimous vote. /- I JUDSON PROPERTY REZONING APPLICATION Mayor Miller stated that the attorney for the owners of the Judson property has asked for a continuance on the matter of the rezoning application and on motion of Councilman Futch, seconded by Councilman Beebe and by unanimous vote, the matter was continued for one week. CM-27-37l February 19, 1974 DISCUSSION RE SPRINGTOWN BOULEVARD ALIGNMENT Councilman Futch stated that he thought the Council had made a decision regarding the alignment of Springtown Boulevard and Mr. Musso explained that the Council had directed the Planning Commis- sion to make a recommendation on the matter. Mr. Musso commented that the last Council decision was to approve the realignment suggested by the Public Works Director. The matter was referred to the Planning commission because there was a PUD per- mit in effect and a tract map in effect and the Council wanted the Planning Commission's comments. Councilman Taylor stated that some of the points noted in the Plan- ning Director's position were:l) the separation already exceeds the standard by 3,000 ft. so another 1,000 ft. is not significant; 2) development of the Reeder and other properties would mean that child- ren would have to cross the major street for school and park access, 3) the elimination of the Larkspur crossing would complicate east- west traffic movement and 4) the present location spreads the cost of its ultimate improvement over more properties. The Planning Commission concluded that the best alternative would be to continue Springtown Boulevard approximately at its present alignment. Councilman Taylor stated that he cannot understand the point of the east-west traffic which Mr. Musso explained by illustrating this on the map in addition to explaining the other points men- tioned, such as the spread of cost, which was followed by general discussion of these matters. Councilman Taylor commented that it is his understanding that Mr. Lee is suggesting that the whole street be placed on Reeder's prop- erty in the existing PUD to assure that the whole street is im- proved with Reeder paying for it. Mr. Lee stated that this is correct except that the City will pay for the center portion of the street so it is not as bad as it sounds - ~he cost would be the same as any collector street to the developer. Mr. Musso argued that this would be putting the burden of the cost all on one side of the street and that to try to spread the cost to other property owners such as the example of the widening of porto1a Avenue does not work. Mr. Lee felt that the main point of the realignment or improvement is not the spread of the cost but rather the other considerations such as the fact that the westerly street is 1,400 feet longer. There was discussion regarding the east-west traffic problem and Councilman Taylor stated that he can see no difference in getting from east to west from any point by use of either route and sug- gested that if this is a major point another map should be used to express the advantage of one over the other. Mr. Lee noted that the route recommended by him would be less expensive, straighter, and would probably be improved sooner than extension of the current street alignment, as well as the point of splitting the two planning areas much better than the present alignment. He felt the people in the Proud Country area, for example, would prefer to use Bluebell rather than to make a 1,400 ft. detour to go over to the westerly alignment. He noted CM-27-372 February 19, 1974 (Springtown Blvd. Align- ment) .~.. I \ that one of the reasons major streets are planned at 1 mile inter- vals is so that people will use them to go from neighborhood to neighborhood rather than to follow the internal network of streets. If it is made to be inconvenient, people will continue to choose the internal streets for traveling. COUNCILMAN PRITCHARD WAS SEATED AT THIS TIME. Councilman Futch stated that he does not see a lot of traffic as a problem for quite a few years and it would mean that the children would simply have to cross a bigger street and feels that the Planning Commission's concern is really not that justi- fied. As pointed out by Councilman Taylor there is not much population there at present and by the time there is he felt the realignment proposed by Mr. Lee would be the most desirable alter- native. Councilman Beebe moved to adopt the recommendation of the Public Works Director, seconded by Councilman Futch. Councilman Taylor pointed out that it would not have made sense to swing Holmes Street, for example, l,OOO feet to the east to accommodate a lot of the Sunset property on the west side so that the children would not have to cross the street for awhile. It is now developed and if this had been done there would be a zig- zag street through the neighborhood and he felt this is an example of the same type of planning now being discussed. Mayor Miller stated that he feelsfue proposal made by Mr. Lee would speed the development of the ultimate development which was to have taken place 5-6 years ago. Councilman Pritchard stated that the people of Springtown have been promised that access to the area would be taken off of Bluebell and continues to receive complaints about the amount of traffic on Blue- bell and that the staff alignment would relieve this problem. At this time the Council voted unanimously to approve the realignment proposed by Mr. Lee, which is located generally north from its present alignment rather than along the western annexation line. P. H. RE PROPOSED EXT. OF INTERIM ORDINANCE RE ZONING It was noted that incidental to the proposed extension of the interim ordinance regarding zoning the Planning Commission has recommended that certain property be excluded from the moratorium. The City Attorney reported that there are certain periods during which a General Plan review moratorium may be enacted by the City, according to the state statutes, these are - 4 months, 8 months, and 1 year. The option, therefore, is for the Council ~ to adopt an additional l2 month extension from and after March 19, 1974, running until March 20, 1975. The ordinance could be adopted, as it is an urgency ordinance, as late as March l8th. He pointed out that the ordinance, as drafted, is an effort on his part to meet the requirements of the state statute and the desires of the Planning Commission and does not represent a conviction on the part of the City Attorney that the ordinance should be adopted as drafted. CM-27-373 February 19, 1974 (Extension of Interim Ordinance re Zoning) Mr. Musso reported that under the interim ordinance, three specific plans have been prepared and submitted to the Council; we are about half-way through with determining if zoning conforms to the General Plan as required. An RL Ordinance is being amended, the RG Ordinance is being amended and a General Plan amendment has been adopted to establish some growth regulations to allow implementation of the pro- visions introduced by AB-130l. He stated that he mentions this because the City is required to conduct studies of planning dur- ing the two year moratorium, and it is anticipated that these can be completed prior to the expiration of the two years. He noted that this is exclusive of the General Plan review which will be commencing this spring. Councilman Taylor stated that it is his understanding that the only power the Council has is to extend the moratorium for 12 months and there can no longer be a moratorium based on planning and the City Attorney replied that based on this section of the government code that assumption is correct. Mr. Parness stated that incidental to this matter he would like to comment on the status of the building permits in the Bevilacqua - Springtown area, some of which are active and some of which are in- active, revoked by staff order. There are several hundred permits involved in this matter and there is a process underway at this time by the mortgage company to instigate foreclosure proceedings against the holders of the permits. They are actively pursuing this but there are certain time intervals which must be observed by them. Some of these involve houses partially constructed and others are for lots on which no construction has taken place. There is an appeal which has been received by us in letter form and upon the request of the appellant it will be on the agenda next week for the City Council's consideration. He felt it might be reasonable to extend the interim ordinance adoption since this matter might affect the wording of the interim ordinance, in the event the Council de- cides to give some form of special concession to this application. Mayor Miller suggested that the public hearing be opened, testimony recorded, then continue to next week or until sometime prior to the 19th and resolve the entire matter at once or another alternative would be to extend the interim ordinance as it stands for the full year which can be amended at any time, after the other matters are resolved. Councilman Taylor pointed out that the only problem with waiting to adopt the ordinance is that there is always a possibility that there will not be enough Council members present to act on the ordinance which requires a 4/5 vote. At this time Mayor Miller opened the public hearing. Gene Morgan, President of the Chamber of Commerce, stated that he would like to comment on behalf of the Chamber and the official position of the Chamber will be forwarded to the Council in writing. He stated that the Council began a moratorium one year ago and gave the General Plan review as the basis for action. The progress of the Citizens Committee has been observed and it appears that this work will be concluded around April of 1974. The Council has made no public plans, at least to his knowledge, for interviewing or making decisions relative to the procedure it will take in the ultimate General Plan. He feels the original idea was for the Citizen Committee to be formed and take about one year to conclude their work on the input from the citizens and it was also his understanding that simultaneously with this input the City Council would be progressing with the staff or consultants as to how the ultimate plans would be made up as well as funds available in the budget to accomplish this. It was also his understanding that CM-27-374 February 19~ 1974 (Re Extension of Interim Zoning Ordinance) (, ,,~/' the Council would be ready with a decision as to how it would proceed at the conclusion of the General Plan review - the idea being that this portion of the project would take approximately one additional year and the General Plan would be completed two years from the initiation of a year ago and wondered if his understanding is correct. Mayor Miller stated that his understanding is correct but the inter- pretation of what has happened is not completely correct and Mr. Morgan stated that this is his concern as it appears that the Council has been lagging behind in making a decision and the Mayor explained that this is the part that is incorrect. Mr. Morgan stated that the Chamber would like to see a decision made by the Council as to what it plans to do with the General Plan prior to the continuance of the moratorium and if there is some legal reason why it cannot be continued beyond a certain point this would be something different. The Chamber would also recommend that the continuance be completed at least to the completion of the Citizens General Plan review and that the new Council be allowed the privilege of continuing or not continuing, relative to the moratorium. It should be noted that the Planning Commission has recommended that some property should be exempt from the building ordinance (moratorium) and the Chamber would recommend that various available properties be examined, that the recommendations of the Planning Commission be taken into consideration. It is felt that during this time of examination there is no need to completely stop growth - during the General Plan review. They would urge that the Council consider the matter of the General Plan review, the due date of the Citizens Committee report and the Planning Commission's suggestion to allow some building during this time. Mayor Miller explained the action which has been taken by the Council and the Planning staff thus far, as follows: 1) has directed the City Manager to examine possible consultants to serve for the second phase of this program noting that someone cannot be interviewed and hired until the Citizens Committee review is complete; and 2) the Planning staff and Planning Commission have proceeded in their plan- ning studies on three areas (Planning Units 8, 9, and 12) that are in the mill and a few others forthcoming in the next couple of months. This work has been taking place through the Planning Commission and the City staff in this time period so that we have, in fact, followed through with the things the Council has said the City would do and are preparing for the next stage. The final preparations for the last stage will take place once the General Plan review Committee's report and recommendations have been received and it will be easier at that point to determine what format can be used. Mr. Morgan stated that it was his understanding that the entire process should take approximately two years and wondered if it would be fair to assume that within the following year the City would be able to budget and to arrive at a procedure for redoing the General Plan and have it concluded within one year from April (the date the Citizens Committee General Plan review is anticipated to be complete)? ~ The Mayor commented that, personally speaking, he would hope that the entire process would be concluded within the two year time period originally recommended. Councilman Futch stated that, legally, two years is all the City has for holding a moratorium, noting that the water moratorium is a different issue because the Interim Ordinance prevents designing of subdivisions where the water ordinance pertains to obtaining building permits. CM-27-375 February 19, 1974 (Extension of Interim Ordinance re Zoning) Mr. Morgan stated that approximately $10,000 of the $20,000 allo- cated in the budget for this work has already been spent in the first phases of the project and that the $10,000 remaining would not be sufficient to cover the rest of the costs. He pointed out that when this thing is completed it will then take 6-9 months to get things started again such as permission for tract maps, etc. ~- Mayor Miller commented that growth has not stopped in the City of Livermore since April 1972 - houses have been constructed and are being constructed in the last two years and there is a substantial inventory of unsold houses and there are 150 building permits still out that have not been used. Building and growth has not stopped since April of 1972 in Livermore. Councilman Beebe moved that the public hearing be closed, seconded by Councilman Futch, which passed by unanimous vote. Councilman Futch commented that Councilman Pritchard will not be able to attend the next meeting and that Councilman Taylor will be absent at one of the next meetings and felt that while a full Council is present some decision should be made which can always be amended by the new Council. He then moved that the Interim Ordinance be extended for a period of one year, subject to the conditions of the Planning Commission regarding building. It was noted that the conditions are included in the draft. Councilman Taylor seconded the motion. Mayor Miller felt that there might be some merit in extending the Ordinance as it stands and let the new Council discuss the conditions set forth in the Ordinance which resulted from the Planning Commission's recommendations. Councilman Futch stated that the modifications suggested by the Planning Commission were very reasonable and extremely limited and that opening up these few building permits would not have a significant effect but may mean a lot to an individual who wants to develop a lot. Councilman Taylor stated that in his opinion this Council did instigate the Interim Ordinance, extended it once, based on the planning process going on, requested the Planning Commission to investigate certain cases and have stated that the Council policy is to have a moratorium based on planning and not to prohibit development on all available lots and to prevent anyone from building when the planning of a lot is not going to change. What the Planning Commission has recommended covers this and he feels that it is incumbent upon this Council to make the de- cision. Mayor Miller stated that the motion is to adopt the written draft of the Interim Ordinance but would like to make some amendments, as follows: Section 3, Page 2, the City Attorney has redrafted the recommendation of the Planning Commission and has stated, "where municipal services are apparently adequate", the Planning Commission talked about schools and water which are not munici- pal services - he would suggest the wording "school housing and water supply" be added after municipal services. He noted that it continues on to say "...are apparently adequate to serve a limited additional residential development..." he would like to add the wording "after its development". Prior to proceeding with amendments to the draft the City Attorney explained that the language in the draft was carefully calculated CM-27-376 February 19, 1974 (Extension of Interim Ordinance re Zoning) so as to leave the City the widest possible option in a selection of standards that it would use to approve or disapprove and the effect of the Mayor's language would be to narrow the possible grounds and standards for making this judgment. He would suggest that there are other means available to the City and other sources of specific standards in the issuing of various permits, etc., that make it possible for us to give the exact reason for approving or disapproving a particular action. He felt that it might be legally advisable to leave the City more discretion than to specify the specific standards which were mentioned and further expressed concern for the standards because they are not standards over which the City has any control. He noted that the schools, for example, are some- thing over which the City has no control and it may be difficult to enforce or defend legal action if such is used as a standard for City action. He felt it best to rely on things over which the City has control and to leave the full range of options by the broad language suggested in the draft. At this time the Council discussed the pros and cons of the amendments suggested by the Mayor with respect to the comment made by the City Attorney. Councilman Taylor stated that the problem of schools has always been a major concern of the public and that this standard has been included in other ordinances against the advice that the City is walking on thin ice and cannot see where this instance is any different. The City Attorney stated that he can understand that what Councilman Taylor is saying is that the standards already exist and there can be little doubt as to what the City's standards are; however, in his opinion this is not the place to once again list them but rather to allow the City all the options available. The Council then discussed the Housing Element of the General Plan. The City Attorney felt that a phrase could be included in the draft from the previously adopted standards that will clarify the situa- tion without changing any of the meaning and would make it possible for the Council to adopt at this meeting, and Councilman Taylor stated that he would much prefer to see this also. The Council then discussed the wording to be used with Mayor Miller protesting that school housing and water supply is not the same as municipal services and that it should be included. Councilman Pritchard moved that the Council adopt the wording as follows: "...where municipal services, and where public facilities as set forth in Section such and such" be added and the City Attorney suggested that the Council state, "...public facilities and municipal services, as set forth..", which the Council agreed would be the proper wording, so moved by Councilman Pritchard, seconded by Mayor Miller and passed by unanimous vote. Mayor Miller noted that the Council had no objection to the addition of the wording, "after its development", and went on to say that in Section 3. I., the last line should read, "...contrary to their original intention, providing such properties are not in an area subject to General Plan review or change". The City Attorney stated that the intention of the first part of Section 3. was to incorporate that notion, and read this to the Council. He felt this would be a reiteration of that point and the Mayor agreed to delete the wording suggested by him. CM-27-377 -.-....-...---.--.----____~.______.____..__"._.____M..~_'_"_'~_.,_"_.__..._.~.__.,,_____~_,_._.,__,____.__._~_" February 19, 1974 (Extension of Interim Ordinance re Zoning) Mayor Miller suggested adding to section 3. III., RS-3 or lower density, and Councilman Taylor felt this would be combining planning standards and that this is a prejudgment of the review, and the Mayor stated that, on the contrary, this would allow consideration of tract maps for RS-3 or lower density during the moratorium and that the higher density would have to wait until the General Plan review has been finished, which prompted discussion regarding density and inasmuch as there was not a consensus of approval by the Council over the wording the Mayor withdrew the wording. Councilman Pritchard asked if he is correct in assuming that if the ordinance is continued at this time that any subsequent Council can amend or repeal any action taken by the present Council, and the City Attorney replied that this is correct if there is a 4/5 vote. At this time the Mayor restated the motion made by Councilman Futch and seconded by Councilman Taylor to adopt the Planning Commission's recommendations as written in the draft with the following amendments: Section 3, "...and where public facilities and municipal services, as set forth..." with the words, "after its development", added after the words "residential development". Prior to the vote the City Attorney noted that if the Council adopts the ordinance at this time as an urgency ordinance, it will be necessary to add a phrase which is required in urgency ordinances and asked permission to add the phrase, which met with the approval of the Council. At this time the Council adopted the ordinance by a 4-1 vote with Councilman Beebe dissenting, and the City Attorney read the title. ORDINANCE NO. 836 AN ORDINANCE OF THE CITY OF LIVERMORE EXTENDING FOR A PERIOD OF ONE YEAR ORDINANCE NO. 813, PRE- VIOUSLY EXTENDED BY ORDINANCE NO. 825, PROVIDING FOR THE REZONING OF CERTAIN PROPERTIES IN THE CITY OF LIVERMORE, AS SHOWN ON EXHIBIT "A", FROM RESI- DENTIAL LAND USE TO AGRICULTURAL. JR. COLLEGE PUBLIC WORKS EXTENSION The discusssion regarding the Junior College Public Works exten- sion was continued from the meeting of January 28, due to a tie vote - Councilmen Futch and Beebe favoring the oversize line and Councilman Pritchard and Mayor Miller against the oversize line. Councilman Futch asked Mayor Miller to define what he meant by the oversize line, and Mr. Lee offered to reply to the question, explaining that the oversize line is a combination of IS-inch and l8-inch lines south of the college site to the sewage treat- ment plant that would provide for development in the area that drains into Collier Canyon Road and then to the plant, which is based on reduced densities as indicated in the current General Plan. There is a total of 1,100 acres in the service area of which perhaps 250 acres are in the City. CM-27-378 February 19, 1974 (Jr. College Public Works Extension) Councilman Futch moved that the Council approve sanitary sewer lines having dimensions of 12 and 15 inches, respectively, and water lines of 14 inches to the Jr. College site; motion was seconded by Council- man Beebe. Councilman Futch explained the reason for his motion is that he can see some expansion sometime in the future, but he felt it was the Council's pOlicy that development will not occur in that area until it is contiguous to the present residential developments, assuming they would allow development in the Springtown, Greenville North and Proud Country prior to development in the Jr. College area, with the exception of housing for the students which might be allowed. After this explanation by Councilman Futch, Councilman Beebe decided to withdraw his second to the motion as he felt the IS and IS-inch size was the only reasonable way to install a line. Mayor Miller argued that this was not a good expenditure of the taxpayers money if development is not expected for a decade or more. Councilman Taylor stated there could be the argument of spending money now when development is so far in the future; on the other hand he did not feel it was true that an oversize line would encourage development. Every sewer line placed in the City has been sized to take care of what was expected, and it has been necessary to tear up streets to add a second line, and he felt it would be reasonable to size these utilities to what is reasonably expected according to the general plan. It is just not true that to change the size of the lines from 8" to l2" will bring about development or even encourage it. On the other hand, if development around the junior college is not expected in the forseeable future it is the same as saying that we don't intend to grow in that area or service it; he felt the City does not want to say that because we have assured LAFCO that we stand ready to service the area and that it should be in our Sphere of In- fluence because of this. We can't very well say two different things at the same time, telling LAFCO one thing and the property owners another, and would agree with the motion made by Councilman Futch. Mr. Lee interjected that the Council might be mislead by the estimate for putting in a future parallel line for $152,000; actually the cost for the 12 and 15 inch lines vs. the 15 and 18 inch lines is a differ- ence of about $27,000. The Council then discussed the estimates regarding future lines. Councilman Pritchard stated that in his opinion no matter what the City of Livermore decides to do nothing will change the image that LAFCO has of us and also it should not be assumed that development will be desired there. It may happen that we do not want development in that particular area and if this is the case the oversized lines would be useless. Councilman Taylor stated that first of all he is not concerned with the image LAFCO has of us but feels that we have some obligation to the property owners and they should know whether their future is with Livermore or with Geldertown. He felt it is important to es- tablish creditability in the City of Livermore. If the Council does not want development over there, then come right out and say so; don't try to fool people by saying we want controlled growth while at the same time saying that we don't want to service the area be- cause growth might occur if the lines are large enough to accommodate growth. Councilman Pritchard commented that this would mean an expenditure of tax dollars now for development that might or might not ever occur rather than letting future development pay for itself. CM-27-379 February 19, 1974 (Jr. College Public Works Extension) Councilman Pritchard stated that it makes no sense to go over and over the matter when it is apparent that two members of the Council want lines the size to service only the Junior College while three members of the Council wish to have the larger lines and would suggest that the three in favor of the larger lines now determine what size they would like and get on with the matter. Mayor Miller stated that he would like to comment that: 1) this City has learned through bitter experience that leapfrog development is never reasonable and by any definition, develop- ment around the Junior College is leapfrog development; 2) the fact that we have two-thirds of a million dollars in the ground did not stop LAFCO from taking land from our Sphere of Influence, and 3) to spend another $60,000 is no assurance that LAFCO will not take the same area out of our Sphere of Influence again and as pointed out we may decide not to have some of our areas develop- ed at all and this may be one of them. He then pointed out that there will be a new Council in about three weeks and if a decision is made tonight it can reversed by the new Council and he would suggest that it might be advisable to table the matter until the new Council has been seated and has had a chance to review this matter and moved that the matter be continued to March 25th, seconded by Councilman Pritchard. Mr. Lee commented that a decision is important relative to the Junior College schedule and what they have asked us to do relative to calling for bids and award of bids. At this time the motion to continue failed 2-3 with Councilmen Taylor, Futch and Beebe disseting. Prior to a vote on Councilman Futch's motion he stated that he would like to comment that in no way does his motion approve residential development. We are not even approving an assess- ment district but approving a benefit district over which the City has complete control and it is the adopted position of the Council to insist on contiguous development and are writing requirements of timing in our General Plan so that the area will be developed at such time as it is contiguous to present residential development and would like these facts to be made clear, and then called for the question. The motion Councilman Beebe stated that he would like to say one thing before the motion is voted on and that is that he cannot vote to waste money which is the case if a size smaller than that recommended after engineering studies have been done, is approved. He stated that the engineer has recommended an 18-inch line and to vote fo~a ything smaller would be derelict,. "- J .I '" 'I . ' . ~~~~~~~r-~ Mayor M1ller p01nted out that~s 16 fte~ ~ money of the taxpayers but rather money provided by the developers and if development takes place in the future reqUiring~, arrgg:e,r or additional lines the develOper~ay for this als~ot the taxpayers. Councilman Pritchard called for the question and Mayor Miller asked for a vote to the main motion which passed 3-2 (Councilman Pritchard and Mayor Miller dissenting). Mayor Miller moved to direct the staff to prepare alternate bids for the 8 and lO inch lines, seconded by Councilman Pritchard which failed 2-3 (Councilmen Taylor, Beebe and Futch dissenting). AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. CM-27-380 February 19, 1974 DISCUSSION RE Z. O. AMEND. RE INDUS. DIST. /~, ( Mayor Miller stated that the matter of the zoning ordinance amendment regarding the Industrial District was continued from last week's meeting at which time the ordinance was being reviewed section by section making changes and reaffirming Planning Commission amendment recommendations. Councilman Futch commented that the general overall philosophy of the ordinance was that there should be three districts and was probably the major item discussed, in addition to districts abut- ting residential property. Those were the major considerations as well as the comments made by the Chamber of Commerce. The Council then reviewed the contents of the ordinance draft, section by section and Mayor Miller stated that in Section 14.22 he would like to delete Legal Services (652); Other Professional Services (659); and that Business Services (63) should be non-sales. Councilman Futch stated that he feels Mayor Miller is concerned with real estate, in general, but it was concluded that real estate sales pertaining to the industrial area would be allowed, and there should probably be some provision for this, and which the Council then discussed. Mayor Miller moved that Insurance and Real Estate Services, other than for sale of industtial property be deleted from Section 14.22, which died for lack of a second. Councilman Futch felt that there should be some limit to height of the building (Section l4.73) and moved that if the proposed height of a building is more than 4 stories high it would require a CUP, seconded by Councilman Pritchard and which passed by unanimous vote. Councilman Pritchard moved to introduce the ordinance, as amended, to be read by title only, seconded by Councilman Beebe and which passed by a unanimous vote. Milo Nordyke, speaking on behalf of the Chamber of Commerce Indus- trial Committee thanked the Council for the support they have received. REPORT RE PUC APP. - CHARTER AIR TAXI SERVICES The City Manager reported that Marin Aviation is making application to the PUC for a permit to furnish charter/air taxi service for commuter service from our local airport and is interested in solicit- ing the support of the City Council as well as to inform the City as to what their intentions are. Mr. Parness added that there are a few minor matters to be resolved that the staff would like to have delegated to it if the permit is approved, such as the points of boarding the plane and ticket purchasing arrangements. Councilman Taylor moved that the Council support the application with the details to be worked out by the staff, seconded by Councilman Pritchard. ( Dave Smith, representative of Marin Aviation spoke briefly on the application and thanked the Council for any support given them. At this time the motion passed by a unanimous vote. CM-27-38l February 19, 1974 REPORT RE BAR IN EAST AVENUE SHOPPING CENTER Based on a complaint by a citizen in the neighborhood of the Louis Shopping Center (East Avenue Shopping Center) regarding a bar hav- ing been allowed there by the City, the staff was directed to in- vestigate on a possible violation and Mr. Musso gave an oral report regarding the history surrounding the permit for the bar to be loca- ted in the shopping center, noting that there is a common entrance from the parking lot and two separate entrances to the pizza par- lor and bar on the East Avenue side and that they are owned by two different individuals with two separate liquor licenses. Mr. Musso stated that he has investigated the bar as well as the pizza parlor (each place on two occasions) and that on one occassion the wrought iron gate separating the bar from the pizza parlor was closed sometime after lO:OO p.m. and on the other occasion he did order food at the bar and was served a sandwich and observed that out of the group in the bar, three were eating lunch. It was his observation that there was a free flow of customers from the bar to the pizza parlor and that food is served in the bar, which in his opinion would be an operation in the manner proposed by the City. The City Attorney explained that he feels the City must look at what the choices are, at this point, and would not view the setup as a model of conformity with our ordinance but it would appear that the efforts put forth by the owners of the establishments to coordi- nate their enterprises could reasonably be viewed as falling within the terms of our ordinance. The choices would be: 1) to allow the operation to continue with a warning to the operating parties that we expect as fully an integrated operation as the laws of the state will allow with respect to liquor service and food service in con- formity with our zoning ordinance; 2) to close down the operation which he felt the City has no basis for doing; and 3) to examine it in terms of a CUP in which he felt the standards would not be any more difinitive than those previously examined. He stated that his suggestion would be that the operation, as it exists, is within the general terms of the ordinance and to perhaps address a letter to the owners and operators as to the expectation of as fully an integrated operation as the state and local law allows. Councilman Taylor moved to adopt the City Attorney's recommendation, seconded by Councilman Beebe. Mayor Miller stated that another alternative would be to close off the separate entrances and have a common entrance and Councilman Pritchard stated that he thought this is what the law requires. Councilman Pritchard stated that there is not a common entrance on either the East Avenue side or the other side of the building and that the common archway inside the building between the two establishments does not satisfy this requirement, in his opinion. Tbe City Attorney explained that the common entrance is a physical means of demonstrating that the two operations are integrated and coordinated - not a standard provided by statutes. He stated that as far as he is concerned they did everything the City asked them to do although he was not aware they intended to have separate entrances but is not sure that the City, at this point, could legally require them to provide a common entrance. Councilman Taylor felt that people should not have to go through the bar to go into the pizza parlor which would be the case with a common entrance. CM-27-382 c February 19, 1974 (Report re Bar in East Avenue Shopping Center) Councilman Futch stated that he feels the ordinance should be tightened up to reflect the intent of the Council but is not sure what can be done about the present problem. Colonel Peeke, 4291 Amhurst Way, stated that he has been in the bar on two occasions and could not get food from the bar and telephoned to ask if food was served in the bar and was told that it is not, that a customer would have to go next door to the pizza parlor. He stated that he has also been to the pizza parlor and is very pleased with the service and the manner in which it is run and is very happy to have it in the neighborhood; however, he would call the bar next to it a saloon. He pointed out that when he first found out that some- one was applying for a liquor license he contacted Mr. Musso who explained that if the establishment was to be a restaurant with a bar this would be permitted, but if the liquor license was to be issued for a bar there would have to be a public hear- ing to hear protests from the citizens, as was done in another case and subsequently not permitted as a result of the public testimony. He stated that he told Mr. Musso if there was such a public hearing he would like to have the opportunity to pro- test at the hearing. He stated that to his knowledge there was no public hearing and that the license, therefore, was illegally obtained and should be revoked. He felt the license should be applied for properly, if they wish to have a bar there, hold a public hearing so that the people in the neighborhood can testi- fy in protest to the bar. He stated that he has spoken to a number of residents of the area who object and felt that the entire matter should be investigated. Harry West, 1126 Tulane Court, stated that his understanding of the ordinance is that it allows liquor to be served for dining patrons which he feels makes sense and is the intention of the ordinance. He feels that the interpretation of the City Attorney and the Planning Director is very revealing and that he feels the common entrance is a way of getting around the ordi- nance and that the City has done a disservice to its citizens by having done such and that something should be done to rectify the situation. Mayor Miller stated that he does not like this situation and does not approve of the layout and if they do not serve food there is a possiblity they can be closed down. There was brief discussion regarding the Twilight Zone bar and the Courtroom bar (adjacent to the Sizzler) and it was noted that the Twilight Zone Bar had been occupied without City approval except through issuance of a business license which at that time was considered to constitute City approval while the Court Room Bar had been approved in a similar manner except that the building inspector did not follow the approved plot plan. The City Attorney stated that these instances would indicate that perhaps the portion of the ordinannce pertaining to the neighbor- hood shopping center restaurant-bar uses should be spelled out in considerably greater detail, as each person's interpretation is as valid as the next person's interpretation. At this time the motion to adopt the City Attorney's recommendation passed 4-1 (Councilman Pritchard dissenting). Councilman Taylor moved to direct the Planning Commission to re- examine the City's ordinance regarding neighborhood shopping center restaurant-bar uses, seconded by Councilman Beebe. CM-27-383 February 19, 1974 (Report re Bar in East Avenue Shopping Center) David Eller, 3797 Oregon Way, asked for the definition of a common entrance and it was explained that the condition of a common ent- rance is not in our ordinance so this is not a condition that one could apply. He then commented that there are times in which the bar serves food and when it is not available and the Mayor explained that this is exactly the type of thing which is going to be monitored, and hopefully the people residing in the area will keep the City post- ed if they do not obey the condition of providing food and then the City may be able to act. Colonel peeke insisted that the City give some response to the fact that five years ago there was a hearing regarding a bar in the area which was turned down due to the opposing testimony at a public hearing and that there was no such public testimony this time. Mayor Miller explained that the reason there was no public hearing was because it was the City's understanding that this was going to be a restaurant with a bar and Colonel peeke stated that if this is the case they obtained their liquor license illegally and the use should be abated. Mayor Miller explained that our ordinance which talks about bars and restaurants is not sufficiently specific so as to distinguish this particular case from the situation which requires a hearing and agrees that this particular instance is wrong but the ordinance does not have the proper wording to allow the City to make the distinction and we can do nothing about it. He explained further that five years ago an application was made for a bar only, which required a public hearing and for which public protest was received. At this time the Council voted unanimously to send the ordinance to the Planning Commission for consideration. Mayor Miller felt that a resolution of the matter is to ask the City Attorney to examine the question of whether or not the issue can be reopened from the standpoint of a public hearing, so moved by Council- man Pritchard and seconded by Mayor Miller. Mr. West stated that he spoke with both the City Attorney and Mr. Musso long before permission was given for the use and at this time there should have been attention given to the fact that people were ques- tioning the application of the ordinance regarding the matter. At this time the motion passed by unanimous vote to ask the City Attorney to find out if the matter can be reopened and a public hearing held. REPORT RE BART EXTENSION STUDY - CORRIDOR SELECTION The City Manager reported that the major planning effort of the Liver- more-Pleasanton BART extension study regarding corridor extension is in its final stage and a decision must be made as to the selection of a rail extension corridor. Two possibilities remain in contention, i.e., Dublin Canyon (Route 1-580) and San Ramon via Walnut Creek. The Dublin Canyon route is a service to the Livermore Valley people and would be the most beneficial to us and it might be noted that the Walnut Creek City Council also adopted a resolution opposing the San Ramon corridor and it is recommended that the Council declare its favor of the Dublin Canyon corridor so that our representative may vote accordingly at the February 22nd meeting of the Board of Controls. The Council has received a copy of the summary and conclus- ion of the consultants report on the project as well as a report from the Planning Commission and Robert S. Allen of the American Taxpayers' Union. It was also mentioned that the intra-valley route can be decided upon at a later time. CM-27-384 February 19, 1974 (Bart Extension Study - Corridor Selection) ~" Councilman Futch moved that the City Council declare its support for the Dublin Canyon corridor and continue the issue regarding the intra-valley route to a later date, seconded by Councilman Beebe and which passed by unanimous vote. P. C. REPORT RE APP. FOR REZONING OF LASSEN RD. FROM A TO CN DIST. Mr. Musso reported that at the Planning Commission meeting of February 5, 1974, it considered the referral from the Alameda County Planning Commission regarding the application of the Lassen Investors for rezoning the stub end of Lassen Road near the intersection of Springtown Boulevard from A to CN District, and recommends approval based on certain findings which he explained and subject to annexation to the City of Livermore and that the zoning be considered temporary and that if annexa- tion to the City or development does not occur within l~ years, action be initiated to rezone the property. Mr. Musso also illustrated on the map the area considered for the rezoning. Councilman Taylor expressed concern for ending up with a lot of undeveloped commercial land out in the Springtown area and it would appear that a bad situation is developing. Councilman Beebe moved to adopt the Planning Commission's recom- mendation, seconded by Councilman Futch which passed unanimously. P. C. REPORT RE ANNEXATION OF MAX BAER PARK A report was submitted to the City Council by the Planning Commission regarding the proposed annexation of Max Baer Park and it was noted that the report is required for all annexa- tions and can be filed pending further action. On motion of Councilman Taylor, seconded by Councilman Beebe and by unanimous vote, the Council adopted the Planning Commission recommendation to annex the subject property. PLANNING COMMISSION MINUTES - Feb. 5, 1974 The minutes for the Planning Commission's meeting of February 5, 1974, were noted for filing. RE PUC HEARING - WESTERN UNION RATE INCREASE / The City Manager reported that the matter of the PUC hearing re- garding Western Union rate increases was postponed from the last Council meeting. Since that time he has spoken with a company official who indicated that it has been a number of years since there has been a rate increase and that the basic purpose for the adjustment is to make the rates equal throughout the country. All states are being asked to adopt the same interstate rate which the company argues is necessary to sustain their new computerized system. At present about 14 states have agreed to the rate in- crease, and it is recommended that such matters are involved and highly technical in nature which would require a thorough investi- gation by knowledgeable persons and that an official position in opposition to their request would be inappropriate. CM-27-385 February 19, 1974 (Re Western Union Rate Increase) Councilman Taylor moved to adopt the City Manager's recommendation, seconded by Councilman Beebe. Mayor Miller stated that he would disagree with the motion and feels that the City should protest the rate increase. Councilmen Futch and Pritchard stated that they would have to agree with Mayor Miller and would support the resolution drafted by the City Attorney opposing the rate increase, and Councilman Pritchard stated that he feels the rate increase appears to be blatant. The City Manager commented that on the surface it may appear to be blatant but the Council has only seen a one page summary sheet of what the essence of the recommendations are which merely gives some of the comparative rate adjustments. In speaking with the vice president of the company, some of the background has been revealed concerning the justification for the rate increase. He sent a copy of the application to Mr. Parness, unsolicited, and an example of what he is trying to impress upon the Council, which is that the document consists of 31 pages of written statements with 8 exhibits and about 50 pages of technical detail that serve as justification for the request. He emphasized that the matter is highly complex and a subject inappropriate for any agency to state a view on unless we are well versed and have ample justification for such a position. He added that he feels the prestige~ and official voice of the City should be very carefully preserved and reserved. Councilman Futch stated that it isn't as if the City is taking a stand on a particular price and the resolution is mild and the City Manager replied that he feels the resolution is an unnecessary expression, and the PUC is there for the public interest in making sure that there is economic justification for rate increases. Mayor Miller stated that he just does not believe this, as he has seen the PUC as a body which does not represent him at all and that some response from public agencies should be made. Councilman Futch stated that he can well understand the concern of the City Manager but presumably the law was drafted in such a way as to give public agencies the opportunity for input directly to the PUC and to say that we will never investigate rate increases might also be an unreasonable approach and the City Manager noted that if the Council wishes to respond to this rate increase it should be consistent and take a stand on all rate increases which he felt is an impractical impossibility. Councilman Futch stated that this is much the same as acting on some legislation but not all legislation, as far as making any type of recommendation - if is considered important to act, the Council takes a position. At this time the Council voted on the motion made by Councilman Taylor to take no position, which failed 2-3 (Councilmen Pritchard, Futch and Mayor Miller dissenting). On motion of Councilman Futch, seconded by Councilman Pritchard and by a 4-1 vote (Beebe abstaining) the resolution concerning the revision of the Wester Union rates was adopted. RESOLUTION NO. 20-74 A RESOLUTION CONCERNING THE PROPOSED REVISION OF WESTERN UNION TELEGRAPH COMPANY RATES. CM-27-386 February 19, 1974 MATTERS INITIATED BY THE COUNCIL r' (re Underground Salts) Councilman Beebe stated that Marti Kardinal would like to speak to the Council regarding the study she has done regarding the underground salts in the channel and wondered if she would be able to speak to the Council on March 4th and on motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote the Council agreed to schedule the report for the meeting of March 4, 1974. (re Motion to Purchase Engravings for Art Trophy) Councilmam Pritchard moved that the Council authorize an expen- diture not to exceed $25 for two small engravings to go on the perpetual plaque of the art trophy which has recently been placed in the public library as part of our Cultural Arts Fair. Each year there are two awards and the two plaques that go on it are about $11 each and would like these to be added to our purchase award money, and to be considered in the budget. The motion was seconded by Mayor Miller and the motion passed by unanimous vote. (Motion Authorizing ABAG Delegate) Mayor Miller stated that he will not be able to attend the all day ABAG meeting to be held on Thursday and asked if any member of the Council would be able to attend, and Councilman Futch stated that he plans to attend. On motion of Councilman Taylor, seconded by Councilman Beebe and by unanimous vote, Councilman Futch was nominated as the ABAG delegate. MATTERS INITIATED BY THE STAFF (Re Railroad Negotiations) The City Attorney briefly commented on the status of the railroad pertaining to the two week delay allowed by him for the immediate possession as a gesture of good faith and to avoid litigation. He reported that the railroad (WP) under that agreement had until February l5th to file a demurrer or some other pleading resisting our order for immediate possession and they did file such a demurrer which will be heard in Superior Court on February 28th and our order will presumably take affect on March 1, as scheduled. ADJOURNMENT There being no further Council business, Mayor Miller adjourned the meeting at l2:05 a.m. ( I APPROVE ATTEST~ {)~~'~I, Mayor C1ty C erk vermore, California CM-27-387 Regular Meeting of February 25, 1974 A regular meeting of the City Council was held on February 25, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Miller presiding. ROLL CALL PRESENT: Councilmen Beebe, Taylor, Futch, Pritchard and Mayor Miller ABSENT: None BOY SCOUT ATTENDANCE Mr. Sutliff, Scout Executive, thanked the Council for allowing the Boy Scouts to attend the Council meeting. He spoke briefly on the viewpoints of boys not yet of voting age regarding the pOliti- cal aspects of our local community and stated that these young men may one day assume the role of politician and because of exposure at an early age may perhaps be more prepared to handle the tasks involved. Mayor Miller introduced Wes Chapman, the equivalent of the Mayor this evening, who introduced the boys attending from his troup and asked those of other troups to introduce themselves. PLEDGE OF ALLEGIANCE The Mayor then asked the Boy Scouts to lead the Council members as well as those present in the audience, in the Pledge of Alle- giance. COUNCIL MINUTES On motion of Councilman Beebe, seconded by Councilman Pritchard and by a 4-1 vote (Councilman Taylor abstaining) the minutes for the meeting of February ll, 1974 were approved as corrected. OPEN FORUM (re Proposed Bowling Alley) Durwood Green, l337 Kathy Court, as the President of one of the evening bowling leagues spoke in favor of the proposed new bowl- ing alley to be located over by the airport and listed complaints regarding the local bowling alley adding that a number of people drive to Danville and Castro Valley to bowl because the only time the bowling alley is not taken over by leagues is at 1:00 a.m. and during church service time. He felt that another bowling alley could be supported by the community and due to the energy and gaso~ line situation it would be nice if people did not have to go out of town to bowl. In summary, Mr. Green stated that the local bowling alley is reluctant to provide the services normally expected in an alley and would urge the Council to approve the application for the bowling alley. Mayor Miller thanked Mr. Green for his comments and stated that these will be considered when the matter again comes before the Council. CM-27-388 February 25, 1974 SPECIAL ITEM - REPORT RE YOUTH SERVICES CENTER PROGRAM ('''\ ( \ Dr. Mike Petrillo, Director of the Valley Youth Services Center, commented that he is pleased to see the Boy Scouts attending the meeting and is sure that if there were more such organizations that the Valley Youth Services would not be needed; however there are many young people in need of the services provided by the Center. It has been in existance for the past II months and has been refunded for a second year. It is suggested that the name of the program be changed, as there is a Valley Youth Service in the valley and this is a Youth Service Project, which has been causing some confusion. He suggested that the name be changed to "HORIZONS" which has been suggested by the Board, and noted that it will not change the nature of the program but will offer a new public relations name. He then gave an oral report of the work being done through the program and the number of people and families being served, and urged that the Council approve the requested name change. Councilman Beebe commented that he thought the program was a three year program and Dr. Petrillo explained that the first two years are funded and the third year's funding is reduced considerably and this should be a consideration during next year's budget planning. Councilman Beebe moved that the Council adopt the name of "HORIZONS" for the project, seconded by Councilman Taylor and which passed by a unanimous vote. CONSENT CALENDAR Report re Livermore Police Reserves Chief of Police Lindgren submitted a written report regarding the activities of the Livermore Police Reserves for the year 1973 noting that it would be difficult to imagine the level of service being maintained without the tireless efforts of the Citizen-Police Officer. Mayor Miller stated that the Police Reserves is of great value to the community and that they and the Police Department deserve our support. Report re Bay Delta Solid Waste Project The City Manager reported that in order to maintain the progress of the Bay Delta solid waste disposal study a six month budgetary commitment in the amount of $875 must be made by the signatory agencies to the joint powers agreement of which we are a part ani it is recommended that the Council authorize this financial pledge. ~ I ( Report re Doolan Canyon Reservoir Site Condemna- Proceedings The City Manager reported that as a part of our water reclamation plant modification, installation of a reservoir is planned which will be located on property adjoining Doolan Canyon. The site is CM-27-389 February 25, 1974 (Doolan Canyon Reservoir) located north of I-580 which consists of approximately 7.11 acres and has been appraised at $1,500 per acre. The owner has rejected our appraisal value for this property and it is recommended that the Council adopt a resolution authorizing conduct of eminent domain proceedings. RESOLUTION NO. 21-74 RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC SEWAGE TREATMENT, RESERVOIR AND RELATED PUR- POSES, A PARCEL OF LAND APPROXIMATELY 7.11 ACRES ADJOINING DOOLAN CANYON NORTH OF 1-580, ALAMEDA COUNTY. payroll & Claims There were 37 claims in the amount of $54,820.64 and 286 payroll warrants in the amount of $72,839.83 for a total of $l27,660.47, dated February 2, 1974, and ordered paid. Councilman Beebe stated that he would like to abstain from Warrant #9l15 for his usual reasons. APPROVAL OF CONSENT CALENDAR On motion of Councilman Taylor, seconded by Councilman Futch and by unanimous vote, the Consent Calendar was approved with Councilman Beebe's abstention from the warrant, as noted. COMMUNICATIONS RE COMPLAINTS RE SALE OF GASOLINE Roman J. Morkowski, 1987 De Vaca Way, wrote a letter to the Council regarding the gasoline situation and asked that the matter be placed on the agenda so that he might explain his situation. He noted that he is receiving unemployment insurance which necessitates three trips to Hayward every two weeks, thus costing him $50 a month for gasoline. He stated that he is in need of this money and the $50 is a burden to him. They have indicated that if he fails to keep his appointment his payments will be delayed or withheld and there are times when he is unable to get gasoline. He pointed out that there are predictions of unemployment rates of 8% in the state of California and that there are many chain reactions to this problem which make it more tragic than stated. He urged that something be done to get an unemployment office in our area. Councilman Taylor stated that it is his understanding that the unemployment office is a state function and that it is up to the state as to the location of such offices. He commented that perhaps the Council should encourage location of an office in this area. The City Manager stated that in sympathy with the comments made by Mr. Morkowski he has spoken with three parties associated with the State Employment Office regarding the problem and it is true that in the past, strict regulations were enforced and people were required to appear on a given day; however, in view of the current circumstances regarding the difficulty of travel this requirement has been modified considerably. He has been told by the head of the Hayward office that a person may apply for benefits on any day if they have their certification with them and the City Manager stated that this may help. He stated that he has the assurance of Mr. Humphries that one need appear and can qualify for payment when certification has been given. Mr. Morkowski stated that his point is that one trip a month would be too much. He is required to appear at the union hall CM-27-390 February 25, 1974 (Gasoline Problems) once a week and then at the employment office once and asked that the Council consider those even less fortunate than him - those who have to drive all the way to Hayward to collect only $30. ~ Bob Graybow stated that he is in complete sympathy with the comments made by Mr. Morkowski and is one of the few people in the valley who has been working on the problem of having to commute and spend- ing money to obtain money. He pointed out that certain businesses are required to belong and abide by the union rules and that they are hiring out of our area while it is still necessary to drive to Hayward and Oakland to collect unemployment checks. Mayor Miller stated that from the letter received from Mr. Morkowski and from things that have come to his mind while listening to the comments this evening, it would appear that there are perhaps two alternatives that might be put into action to help alleviate the existing problem: I) arrange for mailing of checks to those receiv- ing unemployment money; and 2) arrange to have a representative come to Livermore one day a week to the County offices which are located in Livermore, and agreed that Mr. Morkowski's request for a resolu- tion to be sent to the state regarding the matter is reasonable. He added that perhaps concurrent resolutions by all the jurisdictions might be valuable. Councilman Pritchard moved that the Council take such action but would like to add that it might be a good idea to contact Mr. Bee and ask for an appraisal of the situation and if there is some help that he can lend us in the manner of a bill that might change some of the procedure. He suggested that the League of California Cities also be asked to join in this endeavor and that the City Attorney be requested to draft a resolution which would reflect the intent as a result of the discussion, seconded by Councilman Taylor. At this time the Council voted unanimously to adopt a resolution which would express the desire of the Council, on behalf of its residents to contact the state with respect to unemployment, contact Assemblyman Bee and Senator Bradley, ask for support from Pleasanton and Dublin and to contact the League of California Cities with re- gard to representation in isolated cities. Councilman Pritchard stated that our situation is not unlike other communities of our geographical and numerical status in other urban counties where they are isolated and feels there are other cities that would be happy to join us in this effort. Mr. Chapman stated that he once lived in Lancaster which is about 80 miles from Los Angeles and that they experienced the same prob- lems and it was arranged for a representative from the State Employ- ment Office to meet at the Lancaster Social Security Office so that people would not have to travel to Los Angeles. The City Attorney stated that essentially the resolution is that rather than have the people go to the government the government should come to the people, which the Mayor stated was well put. The City Attorney commented that since the State Employment service is 100% federally funded and acts as an adjunct of the federal government it would probably be wise to communicate with Congressman Stark and our two Senators. Mayor Miller suggested that those persons interested in this matter as individuals contact Assemblyman Bee and Congressman Stark. Congress- man Stark has an office at the Livermore Airport and can be reached by telephone. He added that Congressman Stark is fairly responsive. RESOLUTION NO. 28-74 A RESOLUTION SEEKING IMPROVED SERVICE TO THE LIVER~ORE/fu~DOR VALLEY BY THE DEPARTr1ENT OF HUMAN RESOURCES DEVELOPMENT. CM-27-39l February 25, 1974 (Communications re Gasoline Problems) Mayor Miller stated that a letter has been received from Gerald Fulk, 1330 Juliet Court, regarding gasoline distribution and availability to the citizens of Livermore. The letter indicated that he feels the City has cause to investigate whether or not the City is receiv- ing its allocation of gasoline as specified by the federal government, whether the amount is adequate and if the dealers are acting illegally by conspiring to limit the sale of gasoline. Mayor Miller stated that he has been contacted by a number of people regarding the gasoline shortage situation and one of the points raised has been that a substantial fraction of the citizens of Livermore are commuters who depend on gasoline, as are the residents of Dublin and Pleasanton. Mr. Fulk spoke to the Council regarding the problems in the valley and the reasons which promped him to write to the Council. He noted that the deteriorating situation in Livermore is not consistent with the announced federal policy for fair and equitable distribution, and feels that the problem is serious enough to warrant investigation by the City government. He stated that he feels the minimum solution would be to ask the dealers to cooperate by posting their hours if it is necessary for them to operate during short periods of time. He stated that he feels it unnecessary that people should have to line up for blocks to find out, in some cases, that the station is not open or out of gasoline. Herbert Slack, 1944 Linden Street, stated that upon speaking with a representative of the IRS in San Francisco he was advised to circulate a petition regarding the gasoline problem, and that in two hours he received 150 signatures on the petition. He stated that if he can get a sufficient number of signatures on the petition it could be sent to our Congressmen asking that stations open at a certain time and that they be required to post their hours, and also that the stations stagger their hours. At present all of the stations are opened during the same few hours causing the tie- up in traffic. He then read the text of the petition to the members of the Council. One member of the audience stated that he believes the City govern- ment has the power to require the station operators to post their hours for the convenience and public welfare of the citizens. Mayor Miller commented on the fact that there is one station in the City which has a $3.00 minimum and if you buy $2.00 worth of gasoline you are charged $3.00. He stated that this would appear to be a violation of law and it would seem that something should be done to get this stopped, and Councilman Pritchard replied that re- garding this particular situation the IRS has been contacted and has replied to him in writing which he will release for publication by the newspapers. He then read the section regarding prohibition of the sale of gasoline in this manner. The customer may be charged only for the amount of gasoline pumped at the lawful price authorized. He stated that he would hope the newspapers will publicize this and that people will report any such "gougingll. Councilman Taylor stated that rarely is a private enterprise type of business interfered with; however, when it comes to a matter concerning public necessity something must be done and feels the federal government has been wrong in not adopting a reasonable rationing plan. He stated that he feels the City may not be able to step in and do anything but that the state probably can do some- thing to regulate business and moved that the staff give the Council a plan of action, and that the City contact the owners to ask if they will cooperate in posting hours. He felt it would be better to have them volunteer to help than to try to force them to cooperate, sec- onded by Councilman Futch. CM-27-392 February 25, 1974 (Gasoline Problems) ~ Mayor Hiller listed the items of concern, as follows: 1) Is there anything that can be done with respect to regulating stations' hours? 2) How can we find out if our gasoline stations are receiving their fair allocations? 3) Where can we push for receiving a more equitable allocation? The City Attorney commented that he has shared the same frustration of waiting in line for gasoline and feels that it may be possible for the City to do something, but it may be the least appropriate level of action because it can influence the situation in only a limited area but maybe we can get the ball rolling. He stated that we will probably have to prove the exisbance o~lem, if we are to do anything sufficient to warrant the noe of the police ~3r~t and the basis on which we would act. There are two thingson which to base action, such as the threat to the econo- mic welfare of the citizens by the fact that without transportation they are unable to get to their employment creating a potential economic crisis and the other is the number of cars lined up for blocks, possibly blocking public highways due to the conduct of private business. He pointed out that the dealers are under fire also because they would much prefer to sell gasoline to all the customers they could possibly service and are put in the position of being policemen as well as service station dealers and would believe that a good number of them are uncomfortable. He mentioned that there have been some tentative ordinances drafted in other places in the state which include a number of steps which can do no more than make the inconvenience a little less frustrating and all concern matters of public information, as follows: I) having clear visible current information regarding the state and availability of gasoline such as a brand, grade and price per gallon of the gasoline being sold that day and also any restrictions regarding the purchase of gas, such as minimum or maximum amounts, 2) posting the amount of the current lawful price of gas under federal regulation, and 3) the posting of hours. He felt we can not get to the point where we can dictate hours but can certainly, by legal means, require the posting of hours they choose to be open and perhaps with cooperative negotiations with the owners the City can get them to stagger their hours. The final possibility would be the alternate day system according to numbers on license plates. He stated that it could be adopted on a City level but would be much more effective and influential if it were adopted on a County level and proposed that with the Council direction the matter be approached both at the federal level working down and the County level working up and see where we get the most response. Wes Chapman (Mayor for the evening) stated that the Governor today approved a plan for the counties of the state to implement a gas rationing program, voluntarily, such as that adopted in the state of Oregon. One member of the community stated that it has been noted that about 50% of the people waiting in line are getting only two gallons of gasoline in cars that hold 20 gallons, thus, merely topping off, and if these people would stay out of lines this would help alleviate the problem. At this time the Council voted unanimously to prepare a plan of action for later implementation. RECESS Mayor Miller called for a brief recess after which the Council meeting resumed with all members of the Council present. CM-27-393 February 25, 1974 COMMUNICATION FROM LARPD RE SEWER CONNECTION FEE WAIVER A letter was received from LARPD requesting that the Council waive the payment for the sewer connection fee incurred as a result of the Max Baer Park-Murdell Lane improvements noting that a similar waiver was granted when the existing restrooms at Max Baer Park were connected to the City sewer system in 1968. The City Manager explained that this case is somewhat different, as this involves a private residence, and on motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the request was denied. REPORT RE GREENVILLE NORTH CITIZENS COMPLAINTS Mayor Miller reported that a joint meeting was held on February 2, between the residents of Greenville North and City representatives with Councilman Futch, Don Bradley, George Musso, representatives of the School District and Park District attending the meeting headed by the Mayor. The Mayor explained that complaints and grievances were noted and promises made that there would be some response to these issues and written statements have been prepared by four major City departments as well as a comment from the Liver- more Disposal Service. He then read a list of complaints over matters that would have to be taken care of through long range planning such as neighborhood park acquisition priority or community park or both. He explained that this is a budgeted item which will take place in the next 12 months (the acquisition ) and should be discussed by the new Council as far as priority is concerned; 2) the use of park fund money for acquisition vs. park development, and should also wait until the new Council can discuss this; 3) the legality of issuing building permits for the Greenville area only despite the present moratorium; 4) developer misrepresentation in the sale of homes, which the Mayor explained is a civil matter which should be handled by the District Attorney but it is possible for the City to work with a complaint in this matter which was also commented upon by the City Attorney. Mr. Lee then briefly reported the bike route plan being worked out which includes a bike rou~on Vasco Road and First Street noting that these streets are, however, in the County jurisdiction,." Mr. Musso commented that a plan has been adopted by the Planning Commission which should be coming to the Council sometime in March regarding a dirt trail along the Arroyo Seco. Mayor Miller stated that the next item concerns the timing of shop- ping center development - there is an approved shopping center at portola and First Street and a question has been rasied as to whether the City has the legal authority to stage the development of shopping centers. The City Attorney has responded that it can stage the develop- ment only within some very restricted limitation. If all the standards are satisfied the City cannot stop a shopping center in an already approved zoning; however, that one does not satisfy all the standards. CM-27-394 February 25, 1974 (Greenville North Discussion) ~ \~ - Mayor Miller stated that the other items of concern have to do with uncompleted buildings in the area and the Building Inspector has reported that the buildings are not unsafe structurally but the citizens in that area have been asked to report any type of vandalism or anything that would make them unsafe structures. In response to the possibility of abatement of these nuisances, the City can proceed to abate the uncompleted buildings as nuisances if nothing else is done. It is possible to have them torn down but obviously it would be better to get the buildings completed. It was also suggested that the staff work with the successors to get these houses completed which the Mayor stated is in the process and is scheduled for discussion as the next agenda item. Violations regarding abandoned vehicles and other items as well as trailer storage violations are being investigated by the staff at this time and it is asked that violations be reported to City Hall. Mr. Lee commented on the maintenance of street trees in certain areas by the City as well as the repaving of Vasco Road and the bike trail on Vasco Road noting that this will be done contingent upon the availability of asphalt and there are no plans at this time for a bike trail along that road. Mayor Miller stated that the City has put some pressure on the Livermore Disposal Company regarding the speed of their trucks on Vasco Road and they have responded in writing stating that their drivers are being instructed to drive at 35 m.p.h. on Vasco Road and have suggested that the City consider changing the speed limit in the developed area from 45 m.p.h. to 35 m.p.h. As far as the responsibility for the maintenance of Altamont Creek, it has been revealed that it belongs to Zone 7 who has been con- tacted and notified of the complaints. Regarding the boundaries of the City limits with respect to emergency response, both the Police and Fire Departments have stated that everybody has been notified to pay attention to the boundaries and to respond whenever there is doubt. Mr. Lee reported on the maintenance of the masonry fences noting that if problems are observed these should be reported to the City who will take care of them as soon as possible. The brick fence along Dalton Avenue is still the responsibility of the developer to maintain until the City has accepted the tract and if problems are reported to the City it will see that the developer takes care of it or that it is somehow taken care of. As far as the City knows, there is no problem with the fence at present. As far as the B-B gun episode, the Mayor stated that the Police Chief commented that without knowing who the officers were that were involved it is hard to follow up; however, if there is any question of B-B gun violations, complaints should be directed to the department head and if one feels uneasy about contacting the head of a department it is asked that they contact a member of the Council. The Mayor stated that for the most part the list of things within the staff's power have been done, hopefully to the satisfaction of the residents of the Greenville area, and if not, comments can be made later in the meeting. CM-27-395 February 25, 1974 (Greenville North) Mr. Musso commented that the City is presently preparing a spe- cific plan for Area 18 (the Greenville Springtown area) and the matter of the Springtown Boulevard realignment has now been resol- ved. It is anticipated that there will be a public hearing regarding the planning for this area sometime in the summer. Mayor Miller then asked for comments from the public regarding the complaints regarding Greenville North. John Brumer, 5713 Running Hills, stated that someone from the City was supposed to supply a list of the various City committees and volunteer committees upon which vacancies exist that the people in Greenville North might be interested in serving on, and also that he has given his name and telephone number to two members of the Beautification Committee expressing a wish to have them visit the Greenville North area and as yet has not been contacted. He stated that he would like the City to be a bit more specific re- garding action being taken using the fence along Vasco Road as an example. He stated that a portion of the fence has been crumb- ling for months and they would like to know if the City is taking care of this or if a contractor has been contacted to do the job. He stated that their primary concern, at present, is that if the City grants any request to the KissellCompany regarding completion of the homes, that it first require dedication of the park for the park adjacent to the school. Councilman Futch stated it was his understanding some of the funds for the purchase of the community park would be in the next year's budget, and questioned if it was some or all, and Mr. Musso stated there are some funds and if they are not needed for neighborhood parks, they will be available for the acquisition of a portion of the community park, and there has been some dis- cussion regarding the location of the community park. Councilman Taylor suggested that if Mr. Brumer did not have copies of the various reports that they be furnished,~, in order that he might know which department to contact. Mayor Miller remarked that the point Mr. Brumer raised concerning specifics was a good one, however the Council is not aware of all the specifics and suggested that these be supplied to the staff directly. If the listed items are not taken care of within a reasonable time, the Council should be contacted again. Mr. Brumer remarked that he was aware of the fact that there would have to be some necessary followup. Councilman Futch commented that the fire department has been out trying to get some of the rubble piles and weeds cleaned up, and asked if there had been any noticable difference, and Mr. Brumer replied not recently. The residents are concerned with the debris in the garages of the unfinished homes, and yet they were not consid- ered a fire hazard by the fire department. Councilman Futch sug- gested that the Fire Chief respond to the time scale, and Fire Chief Baird stated he planned to check these out again in the morn- ing regarding fire hazard. Dan Silberberg, 5725 Idlewild, stated he accompanied the building inspector when he inspected homes, and he indicated that all the homes he inspected were within the building code. If that is a fact, Mr. Silberberg felt that the building code needs to be amended. Mayor Miller stated this has been suggested before, but they have not had any luck in attempting to do this; one of the problems being that if the code differs from the uniform building code, state law requires that the differences be justified. cm-27-396 February 25, 1974 (Complaints re Greenville North Area) /~' ( \ Mr. Silberberg stated there is also a lot of motorcycle riding in the area, and drag racing, and he felt this to be very dangerous. Mr. Silberberg wondered it it would be possible to establish a police substation in the area, however Mayor Miller stated there are no other substations in the City. It had been suggested that there be more intensive enforcement in the area. June Hamilton, 948 Florence Road, stated she was a member of the Beautification Committee, and through the Planning Commission they were advised there should be some observation in Greenville North, and their chairman has been out and surveyed the area.m She invited any- one from the Greenville North area to attend one of their meetings, and stated there is a vacancy on the Committee and would invite someone from that area to apply for the position as there is no re- presentative from either Greenville North or Springtown on the Com- mittee. Diane Winters from Greenville West commented favorably on the speed in getting answers from the Council and staff as she realized there were certain channels to go through; however she got the impression that these problems will be handed to the new Councilmen. She stressed their concern for the conditions and questioned the building inspec- tor's okay on the houses as she considered them to be a def nite hazard now, and not what might happen later on. She also had a ques- tion for the park department as she had read it would be likely there would not be a park in the Proud Country area due to the alkali content in the ground. There are people living there who know how to grow lawns and plants in that soil, and the park department should be able to follow suit. Mayor Miller reminded Mrs. Winters that the LARPD is a separate entity and although the City does cooperate with them they are not a part of the city government, however the Council will convey her concerns to them through their liaison committee as they have the responsibility. Mr. Musso advised that park land does, in fact, exist in Proud Country on Galloway Street; there are approximately six acres, however it is not developed. Mayor Miller felt that the override bond issue on the ballot includes that particular park on their priority. Joe Urban, 1758 Broadmoor Street stated that the people of Greenville North appreciate the fact that the City was willing to meet for so many hours to discuss their problems and appreciates what it is try- ing to do for them, even though the City may feel that they are hounding the City but they intend to continue doing so until every- thing has been taken care of; other than that, he stated that he would just like to personally thank the Council for its cooperation. Frances Harper, 5291 Oakmont Circle, stated that they have over 600 children in the area and want a park now - not a year from now. She stated that she also feels the uncompleted homes are hazardous and would like them to be removed or something done about t~em ~. Councilman Pritchard remarked that discussion regarding the unfinished houses will continue and with regard to the park situation it is in ~~ the hands of LARPD and the City can do nothing about that problem. Mayor Miller explained that the park will either be dedicated or purchased but before any action can be taken with regard to the park, negotiations have to be worked out with Kissell Company. Mrs. Mondon, 4873 Singing Hills, requested the City to start purchas- ing the community park that is planned and stated that this was asked specifically during the meeting which took place a month ago, and the CM-27-397 February 25, 1974 (Complaints re Greenville North) Mayor explained that there is park land in the Proud Country area which has not yet been developed and she stated that this is her point - there is not another area as far away from a developed park as the people out in that area, and they have no way of rid- ing a bike or walking to a park that is developed. Mayor Miller stated that there was a question of whether the resi- dents wanted a community park or small neighborhood parks which has not yet been resolved and is a decision which must be made by the Greenville North people. Until this has been resolved there is no way purchase of property can be made because there is a difference of opinion, among the people, as to where the park should be located, and there is also a difference of opinion as to which should be developed first - the neighborhood park or the com- munity park. He explained that the City has every intention of doing its best, as promised, to get the neighborhood parks as soon as possible, pointing out that there is absolutely no advantage to the City to stall. Phyllis Dugan, 5874 Singing Hills, stated that the point they are trying to make is that they want a park and do not care what kind of park it is. She stated that her children have nowhere to go after school and that this was brought up one month ago. She added that she realizes it takes some time to develop a park but wants to know when something will be done. She stated that they are willing to put in some time and to push people, and asked that they be given a date as to when development can start. She stated that receiving park land as a dedication by the developer can take 10 more years. Councilman Taylor moved that rather than refer the matter to the next Council the Council appoint a committee of the three remaining Councilmen to meet with LARPD and specifically get a timetable in writing for communication to the Greenville North spokesman; however the motion did not receive a second. Councilman Beebe suggested that the City take the money that it has and purchase the property and then let LARPD develop it. Mayor Miller stated that he feels the suggestion made by Council- man Taylor to meet with LARPD is excellent and directed the City Manager to contact Bill Payne to arrange for a meeting with the LARPD people. ~~MaYOr Miller explained that a budget decision should not be left ~~ to the decision of the new Council alia U6l:ila like ~6 g'c~ t.he ftla~t.er G~Qgol~QQ pri9r to tRa~ ~ime7 and explained the difference in the ~different types of parks and how each relates to the budget. ~ . The problem of the bugs in Altamont Creek was then mentioned and the Mayor explained that this is a responsibility of Zone 7 who have been contacted regarding the problem and the Mayor asked that the City Manager again contact Zone 7 as well as the Mosquito Abate- ment people. ~trs. Mondon asked who Zone 7 is and the City Attorney explained that it is adjunct of Alameda County - a district of the Alameda County government and operates in this part of Alameda County and would suggest that the Greenville North contact Supervisor Murphy who represents this district with the kind of communications given to City representatives. It was noted that Zone 7 Board members could also be contacted, Robert Becker and Joseph Concannon, and Leo Callaghan who are Livermore residents. The City Attorney further explained that they may be able to help with the mosquito problem and that a number of these functions appear on the tax bill and perhaps another pressure point might result in constructive action. CM-27-398 February 25, 1974 ~~~~ k1 (Complaints re Greenville 7~ t -.<~7~p/ North Area) . ~i./ 'CU!~4.-~ ~ Diane tated that if land is dedicated to the City by the developer t would mean that the City would not have to pur- chase park prop rty and wondered if the City could spend park acquisition mon y for the development of the land rather than to purchase the la d, and the Mayor stated that this is not possible because the deve oper can either give land or money to the City and explained t workings of the system. The Mayor explained that the policy has been in effect for about 10 years and any change in the policy would require a major discussion which would be a function of the Council approving the budget; therefore, if the policy decision is made tonight that says all the park fund money will be spent for development of a park in Greenville North, on March 12th when a new Council takes over they can reverse this instantly so it would be foolish to try to resolve it now. This should be a matter to be resolved by the new Council who will make decisions regarding the expenditure of the park funds in the next budget session in June. The staff was directed to place the matter on the agenda as soon as possible after the new Council is in office. One member of the audience commented that the unfinished homes are "rubbishll which should be removed during the time the Fire Department posts notice that rubbish and weeds should be removed. The Mayor stated that if the houses are declared a public nuisance because children are climbing around them, the City has the legal authority to tear them down; however, it is the general consensus of opinion that it would be best to see that they are completed which will be discussed as the next agenda item. Mayor Miller stated that there are still a number of things to be resolved such as the bike trails and the question of what can be done in regard to actual construction which also should be brought up in 2-3 weeks so that the City will have time to contact the County to find out what posibilities exist as well as a time scale for construction of the bike trail in the area. Mayor Miller suggested that the people keep in touch with Mr. Brumer who will receive copies of letters that come back to the City in response to various problems and that if the people are still con- cerned about specific things that are not being taken care of fast enough, to contact the appropriate City department. As far as the matter of the timing for the park and whether part of the City's money will be used for the development or not, will appear on the agenda in approximately 3 weeks. He stated that the Council is trying its best to do everything it has said it would do and urged the residents of the Greenville North area to continue to push if things seem to be moving too slowly. REPORT RE CONSTRUCTION ACTION RE TRACT 2619 (Reliance Builders) ( The City Manager reported that an appeal has been filed by the Kissell Company, the lending institution involved in the Bevilacqua subdivision seeking an extension of certain permits and a promise for issuance of the remainder of permits. Mr. Lee reported that a letter was sent to the developer of Tract 2619 indicating that the building permits for this tract will be revoked in the near future, as there is a four month time limit on building permits. Subsequent to this action, the Kissell Company, has contacted Mr. Lee to notify him that they intend to take possession of the tract and have appealed to the Council to allow them to finish building the houses that have been started in the tract and to reacti- vate the permits in the areas where they." have been previously revoked. CM-27-399 February 25, 1974 (Bevilacqua Tract) Mr. Lee then explained the areas involved using illustrations on a color coded map which show the area where 69 permits have been issued and are valid and for which the houses are in various sta- ges of completion, (which are soon to be revoked). Another area consists of 104 lots for which permits were previously issued but subsequently revoked. One area north of Hagen Road consists of about 32 lots for which permits have never been issued. The question was then posed by Councilman Futch as to why the building permit money was not refunded for the l05 permits that were taken out and allowed to expire - fees were paid and not refunded, and Mr. Lee replied that they did not expire, but were revoked because no work was done on them. Mayor Miller stated that it was his understanding that they had been returned to the City - not revoked, and Mr. Lee felt that this had not been done voluntarily, but was action upon request by the City. It was noted that storm drainage fees, park fees, sewer connection fees and other things are involved in obtaining a building permit and the City Attorney was asked to respond to the situation with regard to returning these fees to the developer and Mr. Wharton replied that "refunding" is misleading and that the fees paid are a combination of ingredients, some of which may be eligible for refunding and others which are not. He then commented that he felt it would be useful to read the provision of the Building Code regarding expiration which he felt might clarify the issue, which he then read to the Council. He pointed out that "revoca- tion" is not the proper word but that the permits simply expire if certain events occur, and was followed by discussion regarding the Building Code wording. It was noted that if building were to begin or resume within a certain time period, half of the building permit fee would be charged for the new permits required for the construction of the buildings and Mr. Lee stated that a half-price fee would amount to approximately $30-$40 a permit. Mr. Wharton explained that it is not clear by reading the Code as to what the fees referred to are, exactly, and would not want the City to be bound by the comment made by Mr. Lee regarding the amount - it may be that the fees are larger than the amount of the building permit itself, and if the Council wishes he will check into this aspect of the Code. Mr. Parness commented that the houses called for in the tract did proceed but ceased midway and due to increasing inquiries on the part of the City, feeble attempts have been made to resur- rect the activities but to no avail. At present, some of the building permits have expired and others have been revoked be- cause they have not been activated and the City has sought con- tinuously during the term of the effectiveness of the subdivision to try to find out what the status of the development would be but to no avail. The mortgage company is now trying to foreclose and the legal timing will not permit them to enter the field either through marketing the subdivision to some development firm or by some other method until about May. The purpose of their appeal for some type of continuance is to allow them to gain occupancy rights to the property to market it to some development firm and thereby allowing development to proceed. CM-27-400 c February 25, 1974 (Bevilacqua Tract) Dewey Watson, representing the Kissell Company, explained the role of the Kissell Company regarding this matter and explained that the Kissell Company is not a developer and their intention to hire a contractor to build the tract and then sell the homes. He pointed out that they are not the owners of the property which creates a very difficult situation - if they owned it they could enter it tomorrow and start erecting buildings and finish the tract. Barring any unforseen circumstances it is anticipated that they week in May. ~explained that there is a 110 day waiting period from the date of default on a deed of trust and the reason it takes llO days to obtain title. He stated that they are anxious to develop the 69 units that have been partially developed and must have the assurance that they will obtain permits for the other 104 permits in the other area, to be available at the normal renewal rate which the City Attorney implied may be higher than what the Kissell Company has been led to believe. He pointed out that they have already invested more than $300,000 in building permits for the units and it is their hope that it will not be more than $30-$40 a unit to renew a permit. He pointed out that if the City will guarantee that they can obtain these permits they will go ahead with development at their own risk. As far as the park dedication is concerned, as soon as approval is given for the subdivision they are more than willing to dedicate land for this purpose, and they are assuming that park dedi- cation is, in fact, a condition of the subdivision approval. He stated that their intention is to provide housing for the middle class families which is not being provided elsewhere in the City of Livermore at a price in the range of $29,000-$34,000. He stated that in his opinion there is a need for the master plan of Livermore to include a balanced housing program. Councilman Futch asked questions regarding timing, and Mr. Watson stated that he would estimate May 6, as the date they would be able to obtain the property, and they would like to start construc- tion in 60 days which will allow them to hire a contractor to build the home s . Councilman Beebe asked what action the Kissell Company would request from the Council at this time, and Mr. Watson replied that they seek two things: I) a continuance or guarantee that the existing permits will not be cancelled on March 6th (for the 69 units partially con- structed) and; 2) a resolution or by whatever means necessary to direct the Building Department to reinstitute the 104 building permits that previously existed. The City Attorney suggested that it might be best for all concerned to have some sense of the Council as to whether it would be useful to begin negotiations leading to a memorandum of understanding con- cerning what the City would expect the company to do and what con- ditions should be imposed as well as fees expected and what the company may expect with regard to City cooperation. He stated that these ques- tions probably cannot be resolved at present but would suggest negotia- tions for the purpose of adopting a memorandum of understanding that the Kissell Company could approve. He felt the matter of major con- cern to both sides, theirs being financial and ours being a matter of public interest and would urge that we work toward a written agree- ment so that there is no further misunderstanding. It would appear that the Kissell Company has approached the City in good faith and is innocent of the neglectful conduct which may have created this problem. CM-27-40l February 25, 1974 (Bevilacqua Tract) Mayor Miller stated that it appears there are three categories of building permits which are involved in this issue, as follows: 1) 69 which are in a partial stage of completion, 2) 104-l05 for which building permits were taken out but revoked due to failure to act, and 3) 3l or so for which building permits were never taken out. Mayor Miller stated that he felt it would be advisable to discuss each category separately and decide what is to be done about each group. Councilman Beebe brought up the point that Mr. Watson had stated that it would not be feasible for them to proceed due to financial investments unless the entire package is approved and felt that it should be discussed as one item. Councilman Futch pointed out that there are separate issues associa- ted with the different groups, however, such as the water ordinance that limits the number of building permits, and Councilman Beebe stated that this should apply only to the last lots for which no permits were ever taken out. Councilman Taylor stated that he would assume the reason Mr. Watson is here this evening is due to the pressure of the March 6th dead- line, which Mr. Watson stated is correct. Councilman Futch stated that in some respects, regarding the other permits, the City's hands are tied because of the limitation of building permits due to the water shortage but the valley-wide bond issue that has been passed may remove this issue when there is more water available, but is not sure if this would affect the 104 permits. The City Attorney stated that this is the type of question which has to be explored and nailed down definitively and perhaps a very simple resolution by the Council this evening would solve the immediate problem in the way of a motion stating that the build- ing permits shall remain in full force and effect through June l. Councilman Taylor stated that there are a number of facts to be informed about regarding permits for the l04 lot area and the 32 lots and moved that the matter of timing and facts concerning these lots be considered at a later date, giving the Kissell Company the assurance that the 69 permits will not be cancelled, which failed for lack of a second. The City Attorney commented that it is possible to refine the red section a little more clearly. It is possible, for example to reissue or revalidate the permits assuming that it is legally possible and that the Kissell Company is willing to pay the fees the City feels appropriate. Councilman Taylor moved to continue the 69 lots to the first regu- lar meeting in June (June 3), seconded by Councilman Futch. Councilman Futch stated that he would expect to see information in about a month regarding details as to the time schedule, as the Council will be allowing longer than initially requested and would appreciate having information due to the great interest. Mr. Watson stated that in return for a time schedule they would like to know if they can develop the rest of the lots. CM-27-402 February 25, 1974 (Bevilacqua Tract) /~ Councilman Taylor stated that the streets are in and there is no question but that this will be developed as residential property and the only question is the time involved and whether or not anyone would want to rezone the area, and would suggest that the staff discuss the fee situation with the developer and that the City Attorney try to work this out in a very nice way, as he feels the Kissell Company is not going to flatly agree to fees the City feels appropriate. Also, since the property is bordering the School District property it might be a good idea to invite a representative of the School District to discuss the possibility of paying a fee to take care of the school problems caused by the development. \~ Councilman Futch commented that there are a couple of points which might be considered, for clarification, and to make sure the City is not in violation, and one is whether or not the permits would be in violation of the water ordinance because they are in the pool, and would assume that there is no violation there. The City Attorney stated that he would assume this also but would like to check. The next issue discussed was the situation of the Interim Ordinance possibly interfering with the reissuance of the permits if they are not in effect and the City Attorney stated that possibly this building permit issuance can be purified subject to the fee question but the other question is, whether or not they can be issued under other applicable ordinances. This may depend upon whether or not cbe reissuance is treated as a new act or a revitalization of something which has previously been done, which was followed by discussion of the areas and what work has been done, if any. Councilman Futch moved that the Council consider the reactivation of the building permits, subject to negotiation of the appropriate fees, provided that the City is not in violation of any of its ordinances, seconded by Councilman Pritchard. Mayor Miller moved to amend the motion to change the word "reactivate" to "considering the issuing" of the 105 building permits, which died for lack of a second. Mayor Miller stated that there are I05 lots for which no school connection fee is being paid and if these lots are developed without a school connection fee, the residents of Greenville North are going to have their school attendance increased by a factor of 1/3 with no facilities to accommodate the increase. He felt that the Council should make sure that if the City issues 105 building permits that all of the fees required for park development, school connection fees and all the others are a condition of the permits and that the present rates be charged with a credit going toward the money they owe that has already been paid. If this is not done, the issuance of the permits will overcrowd the schools. The word "reactivate" may not allow the City to get these fees. Councilman Taylor stated that he can understand this point of view but is not sure the wording would make a difference, as the school connection fee is a voluntary agreement, thus far, between the School District and the developer. ;- The City Attorney stated that he feels the City has probably pro- tected itself with respect to the financial aspect by saying "appropriate fees" and secondly thinks that we can specifically read into the record that we do not wish to be bound by the verb that we select to express the sense of the Council - if we are going to develop a memorandum of understanding with the Kissell organization. When when we do so we will have very carefully selected our verb and it will be II reactivate II , "issue-'or whatever else is in the best interest of the City. He stated that he feels we are looking for the sense rather than the language. CH-27-403 February 25, 1974 (Bevilacqua Tract) eouncilman Beebe asked if this matter would be coming to the Council prior to the 11th, because if not, he would abstain from the vote because he will not be present after that time to vote and felt this Council could not commit the new Council. The City Attorney commented that he is not sure this is an accurate expression of the law but may be a fervent desire of the present Council and can be considered in this manner. If this Council adopts something, the next Council is bound by it unless it specifically changes it. Councilman Beebe stated that he would choose to abstain from the vote. At this time the Council voted on the motion to consider and reactivate (or wording equivalent) the permits providing there is no violation of our ordinances, which passed 4-l with Council- man Beebe abstaining. Mayor Miller suggested that Mr. Watson contact Mr. Parness and arrange to meet with him and the City Attorney, Mr. Wharton to work out the details of the matter and Mr. Watson stated that apparently he had misunderstood because he thought the motion had included the green area of the map and the Council explained that this had not been a consideration. Councilman Taylor explained that the only difference is that the green area's permits were apparently applied for but not issued; however, the staff is not sure of that and the fees should be discussed with regard to the entire area. Fees in the green area are new fees and it may be that the red area is subject to new fees, as well. The Mayor felt discussion regarding the 31 lot permits should be deferred until a report has been received from the staff and that the major issue is with the 69 permits and the 105 permits. Councilman Futch stated that the difference between the red and the green refers to our Interim Ordinance. There have been build- ing permits issued on the red group which would probably put them in a different category than the green group and though he felt there would be no difficulty in obtaining permits for the green group (31) by the time the developer is ready to develop. REPORT RE ANNEXATION OF NORTH FRONT ROAD The City Manager reported that the annexation application re- garding North Front Road Annex No. 1 has been processed by LAFCO and the matter can proceed. It is recommended that the Council adopt a resolution of intent to annex and set the matter for a public hearing. On motion of Councilman Beebe, seconded by Councilman Pritchard an by unanimous vote a resolution was adopted to reflect the intent to annex North Front Road Annex No. I. RESOLUTION NO. 22-74 A RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF LIVERMORE OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "NORTH FRONT ROAD ANNEX NO. I" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING PRO- TESTS THERETO. CM-27-404 February 25, 1974 REPORT RE AGREEMENT FOR MUTUAL FIRE PRO- TECTION - LLL & AEC The City Manager reported that officers of the fire services of the ,-- City and LLL have prepared a mutual aid, fire response plan, that should be beneficial to both parties. The plan calls for the LLL Fire Department to respond to all alarms from the central-eastern portion of our City (Wagoner Farms and Research Drive) and in return the City would maintain crash protection coverage for the AEC aircraft landings and departures at the local airport. The special equipment provided by LLL will be at no cost to the City and housed at Station No. 2 and will be available for use for any form of emergency air- craft response at the airport, which is a service that has not been available to the airport due to lack of equipment. The mutual aid coverage will afford needed fire protection to a sector of the City that is top priority and the new station to be installed under the auspices of the City can be located in the next priority sector which is the southwest area. The agreement has no term, no party compensa- tion, and may be cancelled upon a 30 day notice of intent and it is recommended that a resolution be adopted authorizing execution of the agreement. Councilman Pritchard noted that he did not recieve a copy of the contract and wondered if the Council should act on a contract they have not reviewed and the City Manager explained that he did not ask for the contract to be copied for the Council to review as it is a simple contract. Councilman Taylor stated that as he understands the contract it pro- vides protection in areas where it is needed at no cost to the City and can see no reason for not authorizing execution of the agreement even though the Council might like to read the fine print. However, it is not as if the City is dealing with a developer and the essen- tials are very clear. Councilman Pritchard stated that his only reason for wanting to review the agreement is because he is concerned about liability. For example, would the City be liable if LLL does not respond to a call in Valley East? Mr. Parness stated that in this situation he would suppose that we could be liable; however, he could not visualize this happening any- more than one of the City's station's failing to respond. Councilman Pritchard stated that the City is clearly liable if one of its stations does not respond and felt this is a point that should be considered. ~ The City Attorney stated that he has not had the document in his office for review either but would suggest that the least that should be done is to ask our insurance carrier to review it to ascertain what impact it might have on our insurance protection. He felt that fail- ure to respond would be a clear matter; however, there may be more difficult questions posed such as, was the response soon enough, could the City have done better, and whether or not the wrong equipment was sent. He felt this is an invitation to someone else into our area of responsibility and this may have some legal consequences, though he felt they could be worked out. Councilman Taylor stated that he would assume the calls for the Fire Department would still be corning through the City Fire Depart- ment and would assume that the City would know whether or not LLL intended to respond, and Chief Baird stated that this is correct. CtJI-27-405 February 25, 1974 (Mutual Fire Protection) Chief Baird stated that relative to liability, one of the things which brought about the initiation of this program was the desire of administrators to eliminate duplication of services and to utilize resources to the fullest advantage for efficiency and economy. The insurance service office is now on a grading sche- dule that we are judged by and receive insurance rates from. Councilman Taylor moved that the Council authorize execution of the agreement subject to approval of our insurance carrier and City Attorney, seconded by Councilman Futch. Councilman Pritchard stated that he would not vote in favor of the motion because he does not like to approve contracts he has not read, and suggested that the matter be continued for one week. Mayor Miller stated that he agrees with Councilman Taylor in that he feels there is nothing wrong with the agreement that is in- volved but too would like to see the agreement. Councilman Beebe stated that he would also like to read the agreement. Jim Georgis, 251 Clarke Avenue, representative of the Livermore Fireman's Association, stated that approximately every lO years cities are graded and that this will be done again next year. He stated that the City has allowed growth in areas without coverage such as Valley East. The south side (south of Concannon) is without coverage, as is the airport and it is felt that some- thing such as that which has been proposed may be very useful and again it may not. He pointed out that consideration should be given to what controls will be placed on the City by the ABC and would suggest that there be consolidation and then place stations where they are needed. Councilman Taylor stated that it is clear that Valley East is not receiving the protection they should have and this has been a concern for a long time. The alternative is to build a station out there at a large cost to the taxpayers or to make use of the LLL fire fighting facilities. He stated that as he recalls the next priority for a station is on the south side and the motion takes care of the liability and insurance questions that might be involved and feels that a decision should be made at this time. At this time the motion failed 2-3 with Councilmen Beebe, Prit- chard and Mayor Miller dissenting. Councilman Pritchard moved that the matter be continued for one week, seconded by Councilman Futch and which passed unanimously. REPORT RE SPECIAL CENSUS - NOV. 1974 The Planning Director presented a written report regarding population census matters and recommended that the Council adopt a motion that the staff include within the next fiscal budget, an appropriation for the conduct of a special enumera- tion for our City in November, 1974. Mayor Miller stated that his understanding of the principle be- hind a census in addition to information, is to qualify for more per capita funds, which Mr. Parness stated is correct. On motion of Councilman Pritchard, seconded by Councilman Futch and by unanimous vote, the recommendation of the Planning Director was adopted. CM-27- 406 February 25, 1974 REPORT RE FEE ADJUSTHENTS As a result of the written report from the Public Works Director regarding fee ajustments for storm drainage and sewer service charges, water and park fees, which are adjusted proportionate to the revisions in the Construction Price Index, on motion of Council- man Taylor, seconded by Councilman Futch and by unanimous vote, the following resolutions were adopted: RESOLUTION NO. 23-74 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF STORM DRAINAGE FEES FOR CALENDAR YEAR 1974 RESOLUTION NO. 24-74 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF SANITARY SEWER CONNECTION FEES FOR CALENDAR YEAR 1974 RESOLUTION NO. 25-74 RESOLUTION FIXING AND ESTABLISHING WATER RATES AND CHANGES RESOLUTION NO. 26-74 A RESOLUTION PROVIDING FOR THE ADJUSTHENT OF PARK FEES FOR CALENDAR YEAR 1974 Mayor Miller noted that the park development fee related to the bedroom tax has not been included and Mr. Lee explained that this is a new fee and adjustment of it was not written into the ordinance. It has been explained that there is no reason it cannot be tied to the Construction Price Index by simply adding a section to the ordinance stating that it can be changed by resolution and if this is the wish of the Council such can be prepared. Councilman Pritchard moved that the Council direct the staff to pre- pare the wording for the amendment to the License Ordinance, secon- ded by Councilman Futch and which passed by unanimous vote. ADOPTION OF INDUSTRIAL ORDINANCE AMENDMENT On motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote, the amendment to the Industrial Ordinance, Ordi- nance No. 442, was adopted. Mayor Miller stated that prior to the vote he would like to say that he is voting for the ordinance but with reluctance because he feels the coverage is too high and does not like the setback standards. ORDINANCE NO. 837 AN ORDINANCE A~ENDING ORDINANCE NO. 442, AS A~ENDED, RELATING TO ZONING, BY THE ENACTION OF A NEW CHAPTER, CHAPTER 14A.00, ESTABLISHING THE "I" (INDUSTRIAL) ZONING DISTRICT, AND BY THE AMENDMENT OF SECTION 21.42(h), RELATING TO MINIMUM OFF-STREET PARKING REQUIREMENTS. CM-27-407 February 25, 1974 MATTERS INITIATED BY THE COUNCIL (Complaints re Use of Firearms in Wagoner Farms Area) Councilman Futch stated that he has received complaints regarding the use of firearms in the area behind Wagoner Farms and that both young people and adults are shooting into a hill near the tracks. The problem is that police cannot drive in there which makes it hard to control. There is also an added danger in that children are riding motorcycles in the same area. (re Council Position re Widening of I-580) Councilman Futch stated that he feels the Council position regard- ing the widening of 1-580 should be sent to our Senators, the EPA and the Federal Department of Transportation, in particular the fact that continued transportation based on the automobile is not being responsible, due to the present petroleum shortage, and so moved. There was then discussion regarding the Council position on the widening which Councilman Beebe stated had been a 3-2 vote opposed to the widening, and Mayor Miller explained that had been a 3-2 vote opposed to the increasing number of automobile corridors and widening of a corridor was agreed to providing it would be used for bus lanes or BART traffic. In view of the fact there appeared to be a difference of opinion regarding exactly what the Council position is on the matter, Council- man Futch withdrew the motion and the matter is to be scheduled for discussion at the next Council meeting. (re Underground Utilities) Councilman Pritchard stated that at the next Council meeting an item regarding undergrounding utilities in connection with an industrial development is to be scheduled and pointed out that it is imperative that the Council act on it and not "talk it to death" then continue it to the next meeting, and asked that the staff make sure the Council has everything they might need to be able to come to a decision at that meeting, or the City may stand the chance of losing this industrial client. (ReSOlution re Measure A) On motion of Councilman Pritchard, seconded by Councilman Futch and by a 4-l vote (Beebe dissenting) the resolution supporting Measure A on the March 5th municipal ballot was adopted. RESOLUTION NO. 27-74 A RESOLUTION SUPPORTING MEASURE A ON THE MARCH 5th MUNICIPAL ELECTION BALLOT ~ ADJOURNMENT There being no further Council business, Mayor Miller adjourned the Council ~eting~t l2:l5 p~m. APPROVE __ . __' _ () 5)~ ~ . ~ ~ Mayor ATTEST . 9 ~~ C1ty Clerk - Livermore, California CM-27-408 Regular Meeting of March 4, 1974 A regular meeting of the City Council was held on March 4, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Miller presid- ing. c~ ROLL CALL PRESENT: Councilmen Beebe, Futch, Pritchard and Mayor Miller ABSENT: Councilman Taylor (Seated Later) PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. MINUTES FOR FEB. 19th AND FEB. 25th COUNCILMAN TAYLOR WAS SEATED AT THIS TIME. On motion of Councilman Beebe, seconded by Councilman Pritchard and by unanimous vote, the minutes for the meeting of February 19th and 25th were approved, as amended. SPECIAL ITEM - MONITOR- ING OF ALAMEDA CREEK Marti Kardinal, 3239 Runnymede Court, Pleasanton, Chairman of the Water Studies Group of the Valley Ecology Center, gave an oral report regarding the recommendations for a monitoring program for Alameda Creek which she stated would be of benefit to the Niles cone users and those at the end of the Niles cone which the City has approved and will financially support. She pointed out that it was discovered that while studies have been done re- garding the quantity and type of water available, studies for quality have never been authorized. She explained that applications for funding must usually be made about two years in advance and that the studies being considered regarding quality would take about four years to complete at a cost of about $50,000 per year to valley com- munities and at the end of this time, which would be about six years away, a program for monitoring quality would probably be recommended. It appears that unless the monitoring program before the Council for consideration is considerably improved, we will be without adequate monitoring of our ground water for a number of years. At a time we are being pressured by the Regional Board to dispose of our own sewage in our own valley we have the right to know what affect disposal of sewage will have upon our drinking water. The only way this can be determined is through a proper monitoring system of past disposal practices. Slides were then shown to the Council which were followed by discussion of the matter. (\ \ " Ms. Kardinal stated that her recommendation would be to return the proposal to the United States Geological Survey for revision and addition of monitoring sites to more adequately detect the areas of degredation that are a threat to the wells used for drinking water in Livermore Valley and that the GeOlogical Survey seriously consider incorporating many of the recommendations made by the Department of Resources in 1964 and that the monitoring plans should not receive final approval by the Council until it is satisfied that the citizens are protected. She sta~ed that the recommendations of the Department of Resources are available to the Council for review. CM-27-409 March 4, 1974 (re Alameda Creek) Mayor Miller stated that it seems clear from what has been reported and the map, that continued approval of septic tanks is asking for trouble with respect to nitrate contamination and that land disposal of sewage effluent appears to be a method which will also contaminate our underground water supply. Councilman Taylor pointed out that once again the question should be raised with respect to contamination already being allowed in certain areas due to septic tank development - there is a heavier and heavier concentration of septic tanks with continuous development and at some point this contamination will have to be abated. He then suggested that the report be forwarded to the appropriate agencies such as the USGS and Zone 7 and moved that the report be referred to these two agencies as well as the Water Management Group and the Regional Water Quality Control Board, seconded by Councilman Beebe. ~)~ Councilman Beebe stated that it is his understanding that Ms. Kardinal's viewpoint is to see that the whole Valley is adequately monitored and that money should be appropriated by the government to pay for this, and Ms. Kardinal explained that if it could be incorporated in the present program it would have the assistance of the five agencies, including Fremont, and the USGS and if the Council waits for the Department of Water Resources to fully go into this program there may be a waiting period of at least six years. Mr. Lee stated that he feels the recommendations are very appropriate and that we must know what is going on here in the Valley and must be concerned in the future about monitoring which is the reason the staff and Council supported the monitoring program and worked it out with the Regional Water Quality Control Bord through the cooperation of the USGS. Councilman Taylor replied that it was his understand- ing that the monitoring taking place was to measure discharges in stream effluent and Mr. Lee responded by saying that this is correct but also it does include some wells in the Valley but not as broad as it should be. He added that this does not mean the program being proposed is not a good one but feels it could be broader and by work- ing with the various groups we have been working with it could be made broader, and would suggest that we start at the Regional Water Quality Control Board staff level, and the Valley Intrest group should pursue the matter. Councilman Taylor stated that he would like to amend the motion to include direction to the staff to bring this to the attention of the Regional Water Quality Control Board and USGS through normal channels and also to the Valley Water Management ~-MMil lie, seconded by Councilman Beebe, and which passed by unanimous vote. ~ OPEN FORUM (re Greenville Nonth Area Park) John Bremer, 5713 Running Hills, spoke to the Council regarding comments made at the last meeting about the park to be developed in the Greenville North area by members of the Council as well as the attorney representing the Kissell Company in addition to reading the letter from the Kissell Company regarding extension of the date of expiration for building permits in the area. The people from the Greenville North area observed that the Council extended the permits to May 6th, which means that construction of the homes does not have to take place until about that time and that also the letter mentioned that dedication of park land would be done by the end of the completion time of development which means that this may take as long as next September or even next June and they are concerned inasmuch as they desire park development as soon as possible. He has been requested CM-27-410 March 4, 1974 (re Greenville North Area) 1Ci 1/ to speak, on behalf of the residents, and to request that the Council consider immediate purchase of the park land and possi- bly have the builder dedicate the land at a later date, pending further action. Councilman Futch moved that the City Council purchase the land in the vicinity of the Christiensen School for a neighborhood park and to instruct the staff to obtain an appraisal and report back to the Council as rapidly as possible in order that funds may be appropriated for this purpose, seconded by Councilman Pritchard, and which passed unanimously. Mr. Bremer then asked if it would be possible to have the water connec- tion fee waived so that the people could go ahead and work with LARPD in getting the park land developed and the Mayor explained that this is the jurisdiction of Zone 7 and that the people would have to receive permission for the waiver from Zone 7. He commented that the City simply collects the fee for this agency and noted that he is not sure that Zone 7 has ever cancelled the fee for park development but the people could check with them to see what could be done. CONSENT CALENDAR Air Pollution Study Committee Minutes The minutes of the Air Pollution Study Committee's meeting of January 23, 1974, were noted for filing. Res. of Intention to Abate Weeds A resolution of intention to abate weeds is the first step in the annual program for the abatement of weeds, rubbish, etc., and provides for the posting of all properties, and notification of a hearing to be held at a later date. Approximately 650 par- cels are involved. RESOLUTION NO. 29-74 RESOLUTION DECLARING THAT THERE EXISTS WEEDS GROWING ON OR RUBBISH, REFUSE AND DIRT ON PRIVATE PROPERTY AND/OR STREETS ADJACENT TO PRIVATE PROPERTY PARTICULARLY DES- CRIBED IN THIS RESOLUTION AND DECLARING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING SAID CONDITIONS ABATED. Res. Providing for Adjust. of Res. Bldg. License Tax for 1974 The Council adopted a resolution providing for the adjustment of the residential construction business license tax for 1974. r RESOLUTION NO. 30-74 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF THE RESIDENTIAL CONSTRUCTION BUSINESS LICENSE TAX FOR CALENDAR YEAR 1974. Res. Providing for Canvass of Muni. Election Votes A resolution was adopted to provide for the canvass of the votes cast at the March 5th General Municipal Election, by the City Clerk, with a report to be made to the City Council for later action. CM-27-411 March 4, 1974 RESOLUTION NO. 31-74 RESOLUTION ORDERING THE CITY CLERK TO CANVASS VOTES CAST AT THE GENERAL MUNICIPAL ELECTION TO BE HELD AND CONDUCTED 3-5-74. Payroll & Claims There were l09 claims in the amount of $245,624.37 (less check #9124 in the amount of $150,000.00) for a total of $95,624.37, dated March 1, 1974, and ordered paid. \0 APPROVAL OF CONSENT CALENDAR On motion of Councilman Taylor, seconded by Councilman Beebe and by unanimous vote, the Consent Calendar was approved with the deletion of the item concerning the joint fire response agreement with LLL which was postponed for later in the meeting for discussion. REPORT RE EAST AVENUE BAR-RESTAURANT - SHOP- PING CENTER The City Attorney gave a brief oral report regarding the meeting with the owners of the cocktail bar, pizza parlor, and the developer of the shopping center, simultaneously, reviewing the history of events leading up to the creation of the business arrangement as it currently exists. He stated that the proprietors are aware of the fact that the City will be observant of their conduct and he would recommend that aside from asking patrons to advise the City of any improprieties occuring, the Council take no further action at this point. Councilman Pritchard stated that he feels something should be done because regardless of all the window dressing, nothing is going to change the fact that there is a bar in the shopping center and a pizza parlor (not a bar-restaurant as allowed) and that even though food is served in the bar it does not meet what the Council's inten- tion was, which is not to allow a bar in the shopping center. The City Attorney commented that there is no doubt that that particu- lar section of the zoning ordinance should be revised to make the City's policy more clear and readily enforceable and when he says there should be no further action he is referring only to action with respect to this particular business hoping that the ordinance can be clarified to prevent any ambiguous situation such as this from occuring again. A motion was made by Councilman Beebe, seconded by Councilman Taylor to accept the City Attorney's recommendation and ask for a review in six months on this particular matter. Motion passed unanimOUSly. REPORT FROM PUBLIC WORKS DIRECTOR RE UNDERGROUNDING OF UTILITIES - S.P. INDUS. AREA - VASCO RD. & EAST AVE. (OGO PROPERTY & FRY DEVELOPMENT) The Public Works Director reported that there are three develop- ments which are being planned and the City policy is that utilities are to be placed underground which is being questioned by the develop- ers. The three developers questing the location of the utilities are the following: I) Southern Pacific Industrial Tract #3379; 2) Fry Industrial Development; and 3) OGO development of 96 multi- ple family units along East Avenue. A written report regarding the matter was submitted to the Council along with letters from the developers and exhibits of the areas to be developed, in addi- tion to a copy of the City's policy regarding undergrounding of utilities of properties being improved other than subdivisions. ~, CM-27-4l2 \.0 March 4, 1974 (Undergrounding Utilities) ~e City Manager explained the requirements that are to be im- posed upon the developers of the Southern Pacific Industrial Park and noted that if the City requires undergrounding of lines, the cost to the developers will be in excess of $IOO,OOO which is a tremendous burden to the worth of the property and the developers have appealed the requirement. Councilman Pritchard stated that it is his understanding that if such is required as development occurs that this will mean that later on, public funds will have to be expended for undergrounding in other areas where it is not done at present, and the City Manager stated that this is correct, and explained that properties on the westerly side of Vasco benefit as much as those on the easterly side and yet these properties will not be sharing in the cost - it will have to be borne by the developing property. Mr. Parness pointed out that a portion of this cost should be borne by the properties across the street and there is no way to require that they pay for a portion and for that share of the responsibility, public funds will have to be used. He noted that he is not sure a use of some public money would be wrong but Mr. Nordyke has pointed out that the overhead installation of the utilities lines were done with the municipality's full knowledge of the extent several years ago and from this point of view there was consent from the local government and perhaps this does carry some type of a financial liabili- ty with it and to what extent is not known but he feels it would be inequitable to require the full burden of cost on the frontage property simply because the lines happen to be there. Mayor Miller pointed out that this type of argument is not considered in other public works improvements as property is developed and as property on one side of the property is developed using one standard and in lO years development occurs in the vicinity but with different standards, the properties developing must comply with the standards which are current and considerations at this time are not waived. Councilman Beebe felt that a property owner with a small amount of property would realize a very large hardship in trying to pay his share of the utilities, when everyone on both sides of the road will benefit from the utilities and felt that this is what makes the cost inequitable. Councilman Futch then commented on the possibility of forming some type of benefit district and Mr. Parness replied that he feels equity would be served by the formation of a benefit district in the event we have the statutory authority to use some type of vehicle such as a benefit district. If we do, we must appraise the proper dimension where the district assessment might best be applied. r Mr. Parness continued to say that the benefit district would be a proper vehicle with which to work if it is determined to be fully beneficial which must be a consideration to be weighed, and someone must look into how it will be defined within a given area and depending upon whether or not we have the legal authority to do it. In his opinion each lineal segment of our streets and highway system will have to be defined separately because if a uniform application is used allover the City it may mean that an undergrounding fee may have to be imposed for every type of development, including single family lots, to pay for underground- ing fees notwithstanding the fact that such may not take place for years and years. Milo Nordyke, 2143 Chateau Place, stated that as a representative of the Industrial Advisory Committee, he would like to say that they would support the judgment, with respect to the railroad that this is not the intention to apply the policy to this situation and that it would be an undue hardship to require under- grounding of that line and would have no clear benefit since it is only two feet inside the property line and immediately adjacent to the railroad line. They would recommend that this portion of the requirement be deleted. They also feel that it is inequitable CM-27-4l3 March 4, 1974 (Undergrounding Utilities) the developers with frontage property to pay for all of the costs and is particularly a hardship on the individual with the small parcel of property. He stated that the policy really is not uniformly endorsed, as a developer building a duplex is not required to pay for undergrounding because this is not part of the undergrounding district. He agreed that a benefit district might be a way of () spreading the cost. However, the person who originally develops ~~ must pay the total cost with those benefiting making reimbursements as future development occurs, which means that something in the order of $lOO,OOO must be spent now with the expectation of receiv- ing half of this amount back over a period of ten years or so. They would suggest that rather than form an assessment district that the City define an improvement area adjacent or connected with the major street and adopt some type of fee to try to put some kind of reasonable fee into a fund together with the Rule 20 fund to be used over the years for the undergrounding. This would mean, essentially, that undergrounding would not be required immedi- ately but to be done in portions as felt to be appropriate. He stated that this would be their recommendation at this point but the problem is to determine what the areas of benefit would be which will take time to define actually and philosophically. Councilman Taylor wondered if Southern Pacific wanted to have an agreed amount specified and the City Manager responded by saying that not necessarily. The Southern Pacific Company is willing to participate to the extent that their liability would require, as long as it is reasonably applied to the balance of the properties along a given area. Councilman Taylor stated that he understands that the proposal would be to trade this obligation for some type of fee structure that will be applied uniformly and competing properties in the area would pay the same type of fee and the City Manager replied that this is essentially what the developers would like. Mr. Nordyke commented that since the OGO property is such a large parcel the Industrial Committee would suggest that decisions re- garding this property be delayed for a month or two and that the Southern Pacific property be discussed at this time. Councilman Futch stated that it would appear the Council has reached a consensus of opinion regarding the Southern Pacific property and would like to consider making a motion. Councilman Pritchard stated that he realizes the S.P. property is large and important but feels that the size of the development should not be a consideration in trying to determine what is fair. Councilman Futch stated that there are two separate issues at hand in that the OGO property is residential in nature and the S.P. development is industrial and is not sure but there may be a differ- ence in policy regarding the two. It was noted that there is industrial as well as residential zoning on East Avenue (the OGO property and that on the corner of Vasco Road and East Avenue). Councilman Futch moved that the Council waive the requirement for the undergrounding of utilities along the railroad tracks (the S. P. parcel) in addition to directing the City Manager and staff to work out a contract that would be appropriate to spread the cost of the undergrounding of the utilities along Vasco Road, seconded by Councilman Taylor. Mayor Miller cautioned that if the spread of cost for this undergrounding is not spread uniformly it means that the resi- dential tax payers will end up subsidizing the undergrounding of these utilities. At this time the motion passed by unanimous vote. CM-27-4l4 '0, (\ ,,~-- ~ March 4, 1974 (Undergrounding Utilities) Earl Mason of Associated Professions stated that he felt comments should have been allowed from the public prior to taking a vote on the motion and the Mayor apologized for not noticing that Mr. Mason wanted to speak and stated that it is possible that the Council might reconsider the motion just now adopted. Mr. Mason stated that the Chamber Industrial Committee has discussed this matter at length and are concerned over the problem and how this should be applied and whether or not it is fair to the property owners to be required to put any of the overhead lines underground. The property owners have had no say as to where the lines would go and it is their understanding that the only purpose for placing them under- ground is for aesthetics. He felt if aesthetics is the only reason for doing this then everyone in town will benefit and would suggest that the Council carefully consider requiring something to be done that is extremely costly and that PG&E will do at no cost to the proper- ty owner or anyone else if its done by using the overhead lines. If the public desires undergrounding then they should be willing to pay for it the same as everyone pays for a park that everyone will use. He stated that it is unfair to single out the property owner who had nothing to do with the original installation and had no control over where the lines were to go and becoming the unfortunate victim if they go along his property. He then presented an illustration of the new poles which have been installed along Stanley Boulevard that PG&E will put in at no cost, as development occurs, which he feels are quite acceptable and that the undergrounding is not worth the cost. Councilman Futch stated that undergrounding is required in residential areas and a spread of cost has been arranged:to take care of this cost and Mr. Parness explained that this is correct but feels that this is the reason areas should be designated where undergrounding is to take place and what depth dimension should be considered as being incorporated within the benefited area. Councilman Futch summarized the City Manager's point by saying that if the spread is community wide this would also not be fair to the citizens in the very old areas of town in which undergrounding may not take place for 50 years. Obviously, those living in areas near major streets will benefit to a greater extent so it would not be fair to assess everyone equally. Councilman Pritchard pointed out that he would agree with what Mr. Mason had said about it being equally unfair to assess the property owners for the undergrounding simply because the undergrounding happens to go along their property in spite of their desire and the fact that this was not requested by them. The City Manager agreed that the entire pubilic has some obligation to help with the cost but to what extent must be determined. Mr. Mason suggested that the Council come to some kind of a decision regarding a policy of whether there is to be undergrounding or not and there is urgency to this matter because the OGO people have plans for the property and cannot commence until it has been determined that the lines will be overhead or underground and this decision is holding up development of their land, and if this is to be required there is one developer who cannot afford to go ahead with development. He suggested that the Council adopt some kind of policy regarding the lines and then decide how to work out the cost of installation if they are to be underground. Robert Hirsch, representative of the property at 5774 East Avenue, stated that they are "joint venturing" with OGO Associates and their plans are in the Building Department at present and it is anticipated that a building permit will be issued shortly. Their plans are 98% complete and are waiting to hear the resolution of this problem tonight. In the original zoning of this property there was no requirement for undergrounding - it was a requirement that came up late last year in an engineering consideration after their plans were well under way. He stated that if they were not already faced with astronomical fees CM-27-4l5 March 4, 1974 (Undergrounding utilities) there would be no question regarding any requirement of them, includ- ing undergrounding. However, they are at the point of "fail or goal" condition and the reason he is standing before the Council asking that they consider the appeal. He then explained the things that are required of them and the reason they are faced with such high costs. He felt that it is highly unfair to require those first developing, to pay for the cost of undergrounding simply because they are first and later development will not have this burden because they will need only to hook up to the existing conduit and extend lines to their property and that the existing conduit will be something he has paid for. He pointed out that the lines PG&E will provide at no cost are more than adequate and would like the Council's permis- sion to allow installation of these lines. He pointed out that all of the on-site power will be undergrounded from the PG&E pole and there will be no wires going on their site. He added that if the undergrounding is required this will be a substantial financial bur- den to the developers and felt that this would result in East Avenue not being developed for a substantial length of time. ~ .L) Dan Hainsworth, representative of Southern Pacific Land Company, asked that the Council reconsider the motion it just passed for two reasons; one being that he feels there is a bigger issue to be re- solved and that secondly he would prefer that no motion be passed to obligate Southern Pacific to agree to some type of contractural relationship or agreement prior to an official statement from Southern Pacific. Ebert Lounsbury, l787 South Vasco Road, noted that he has approxi- mately l,OOO feet of property frontage on Vasco Road and problems such as this always tend to fall upon the individual without the financial capability of Southern Pacific, Western Bell or PG&E and pointed out that the small property owners are being "benefited to the extent that we can't afford it". He pointed out that he is sure the Council can understand his situation. He owns l,OOO feet of frontage for which he will have to pay something in the order of $100 per lineal foot for undergrounding utilities - essentially this is more than the property is worth. He stated that between the Park District trying to take part of his land and the City requiring payment for undergrounding it appears that the proposition for living in this community is too expensive. He stated that he does not know whether this is happening because the Council members who make the decisions have small City lots and have no regard for the individual with 5-l0 acres and are on the outskirts of the City, or what the problem really is; however, the fact re- mains that they cannot afford to pay $100 per lineal foot to have PG&E install underground utilities. He stated that he feels he has little ground to stand on when the Council has already eloquent- ly and decisively "sunk a battleship (S.P.) and are trying to kill all the canoes". He feels that he is in the canoe with no basis to stand on to protest the undergrounding in front of his property and urged that the Council not vote for the undergrounding of this area until there is some form of equitable payment established. He stated that in his opinion PG&E should not be required to pay for undergrounding, S.P. should pay only for the portion that would be fair and that he, personally, cannot afford to pay for the under- grounding. Ben M. Rishwain, attorney representing P. G. Fry Properties, Inc., explained that Mr. Fry is in the process of purchasing the land at the corner of Vasco Road and East Avenue and is~ in a sense, an outsider; however, the party selling the property to Mr. Fry is a citizen and would like his comments to be considered. He stated that he agrees with the comments made with regard to requiring the property owner to pay for the undergrounding which he stated is "blatantly unfair" and in this case is manifested more readily than any other case spoken of and that is that the estimates on the particular property at Vasco and East Avenue would cost about $67,000 to underground the utilities on both sides and is for an 8 acre parcel, which amounts to about $8,000 per acre. A cost of this magnitude should at least receive considerable consideration. CM-27-4l6 ~ ,( ); "----- j4 c March 4, 1974 (Undergrounding Utilities) In view of the fact his client has frontage on both Vasco and East A2enue this means that his portion is double and unfortunately there are wires on both sides of this frontage which he would be required to pay for. He pointed out that the fact that spread of cost equity is a difficult decision to make it should not mean that the cost burden should automatically be shifted to the property owner though he could offer no suggestion for an equitable formula to go by. He then commented on a case he has come across in researching the matter which he stated is not a conditions case but a case of eminent domain in which the police power is brought out in the County of San Joaquin. He then cited particulars regarding the case as it relates to the requirements the City has moved to adopt. He then pointed out that it would appear that the City is embarking upon a possible unconstitutional policy where it falls upon the responsibili- ty of one owner due to location. In the case of his client, it means that by the simple location of this piece of property he will have to pay what very few people in the City would have to pay. In addition to all the other expenditures such as dedication of land for park purposes and the arroyo channel as well as improvements for the channel, this additional condition becomes unduly burdensome. They would like to move ahead with their project and would request that a decision be made tonight. He stated that he is sure the Council would agree that the problem is grossly unfair to the property owner and a need for help is in order which they are requesting at this time. Richard M. Callaghan, attorney representing L. S. Conner for the property at East Avenue and Vasco Road stated that he would first like to endorse the presentation just given by Mr. Rishwain in that the burden placed upon the property owner is unduly high and estimated to be $67,000 for one piece of property. He pointed out that the property has not been desired for purchase for many years and that when it was originally purchased this re- quirement was not mentioned at all but came about as a condition of the building permit. He stated that he would have to agree with the comment made by Mr. Mason in that the public would benefit from the undergrounding and should share the cost, particularly when the lines PG&E are willing to install meet with the approval of the property owners and, in fact, would be their desire. He also asked that there be immediate decision over the matter, as deferring it may mean a delay in development or kill the development entirely and possible prevention of the sale of the property. Carolyn Oddon, 5846 East Avenue, stated that she is co-owner with Mr. Oddon of a five acre parcel in between the parcels being discussed this evening and naturally is concerned and would like to express in her own words that whenever fees, which are a form of taxation under whatever guise they are placed, become so excessive that they prohibit the feasibility of development of land this would be, in her opinion, an illegal means of condemnation. She pointed out that there has been no mention of undergrounding of the utilities due to public safety or health and can see no way in which the public's health or safety would be jeopardized if the utility lines remain overhead. If, for the reasons of health and safety the overhead lines must be undergrounded she would suggest that this be the responsibility of the utility company involved who receives the reimbursement from customers as the utilities are used and reflected in the normal billing. Let those who chose the location and manner of installation bear the cost and do not seek to penalize any individual seeking to develop privately owned property. Mayor Miller apologized to the public once again for not having opened the discussion prior to the vote and that though he is personally satisfied with the motion, as stated, anyone who might wish to reconsider may do so, and in view of the testimony just given he felt it would be only fair to reopen the discussion. Mayor Miller moved to reconsider this item, seconded by Councilman Pritchard. . . Councilman Taylor stated that he feels the Council must first decide whether or not the Council wants to underground the lines in this CM-27-4l7 March 4, 1974 (Undergrounding utilities) part of the City or any other similar part of the City. It has been assumed that undergrounding is desirable and the state, recog- nizing the need, has applied approximately a 2% increase to each person's bill so that eventually many of these areas will receive underground utilities. If we ,et a fee structure that would grossly reduce the cost to the property owners it may still be a burden to those such as the owner of the property on the corner of East Avenue and Vasco Road. He would hope that the Council would not give up the hope of eventually getting undergrounding of the utilities but would like something to be done about the fee schedule so as not to create a burden to anyone, and felt that this issue may be somewhat dead- locked. /-"" u Councilman Futch felt that S.P. would not disagree with the first part of the motion that was made so it would appear that there needs to be discussion only regarding the second part of the motion and the wording of the second part would not be binding S.P. at all, as well as the other property owners. In the mean- time this would allow the staff the opportunity to look over a reasonable area for the spread of cost and a report back to the Council. This does not mean that anyone would be agreeing to a particular fee. Councilman Pritchard felt the Council should try to come to some kind of decision tonight and noted that it is clearly an unfair burden to expect the owner of an 8 acre parcel to pay what amounts to $8,000 per acre and would really discourage industrial develop- ment, and will force an individual to develop elsewhere. He pointed out that if the City really is serious about trying to attract indus- try in Livermore we had better do something about this matter and not push the matter into the lap of the new Council which will be seated next week. Councilman Futch stated that it would appear that Councilman Prit- chard as well as some of the public testimoney has implied that the Council feels the fees should be assessed against the property owners on both sides of the street when, in fact, the Council is trying to arrive at an equitable method for spreading the cost over as many property owners as possible by means of some type of benefit district. Councilman Pritchard stated that he agrees with this intent but there must be some mechanism for being able to say yes, go ahead and do this until the matter can be worke out. Mr. Nordyke commented that the Industrial Committee agrees that undergrounding should take place at some time but the question was as to where the lines should be placed and a problem they felt to be very complicated in terms of placement and burden of cost. He felt an analogy of the situation would be a sewer line that services the industrial area as well as the other areas in the vicinity, and assessments made accordingly. Councilman Futch felt that it would not be necessary to make a new motion but to ask that the staff report back to the Council with their recommendations as soon as possible. Mayor Miller commented that in his mind there is one area that must be required to put in the undergrounding and that is the OGO property because it is in a residential area and besides the fact that undergrounding has been required all along East Avenue so the issue remains with respect to the industrial park. He added that the arguments that have been made about equity and fairness can't help but sway the Council to some extent; however, exactly the same argument has been made in the past such as the undergrounding of all residential properties by the developers. At one time they argued against this but the City insisted upon it and it has taken place and does make a difference. Similar arguments have also been made about the burden falling on a par- ticular property in the development of major streets and is just one of the problems a property owner has when he purchases a par- ticular parcel. The same argument has been made about aesthetics with regard to street trees and it was felt by many that the whole CM-27-4l8 'c) --_/ March 4, 1974 (Undergrounding utilities) City should pay for these street trees but these are required on each individual lot and there are many requirements imposed per lot or parcel for public works improvements and many other things. TheJprice of a parcel is based upon its advantages and disadvantages an~elt that someone interested in developing on industrial property should investigate all the fees involved in development of the property and the conditions of development which would have indicated that undergrounding is required. The argument that costs fall heavily on single parcels is certainly a point well taken but there are other counter arguments that are also well founded and he would agree with he motion made by Councilman Futch that the staff try to work out something equitable to get the undergrounding of the lines installed, and would urge that the Council adopt the motion that was originally made. Councilman Taylor noted that the motion took into consideration the Vasco Road lines, only, and did not include East Avenue or anything else. Councilman Pritchard urged that something be done to insure that the City does not lose any industrial client, and would suggest some- thing like bonding for a portion of the cost or some other vehicle for working this thing out. Mayor Miller asked the City Manager the length of time he would esti- mate for bringing back a proposal to the Council and Mr. Parness felt that it would be about four weeks. Councilman Taylor felt that perhaps some expression regarding the amount should be given if the Council is interested in giving the property owners anything to go by at this time. Councilman Futch stated that if the cost is spread equally on both sides of the street this would reduce the cost now estimated by about 50% and would think that this would be a maximum amount re- quired. If there is a real urgent need for development, perhaps the property owners and staff could work something out that both sides would be willing to agree to, and that the cost to the property owner should not exceed 50% of the cost involved. Councilman Pritchard stated that possibly the developers would be willing to bond for the other half of the cost until such time a stable fee structure is developed so that they can at least get started with their development. Councilman Taylor stated that he can see no reason to waive the requirement and the City's Industrial Advisory Committee has not suggested that this requirement be waived and it has never been waived except in a very unusual case and it would be a major change in Council pOlicy. Councilman Pritchard stated that he also is not in favor of waiving the requirement but as the motion stands without further action be- ing taken, he would like to withdraw his vote in favor of the motion because the vote was taken improperly. Mayor Miller stated that unless there is an alternate motion the original motion will stand. ( ~- Councilman Pritchard moved to rescind the original motion and action, seconded by Councilman Beebe. Councilman Taylor stated that rather than to rescind the motion the staff should be given additional instruction. At this time the Council voted on Councilman pritchard's motion which was defeated by a 3-2 vote (Councilmen Futch, Taylor and Mayor Miller dissenting). CM-27-4l9 ~".- March 4, 1974 (Undergrounding utilities) Councilman Taylor commented that the only problem with the motion is the fact that it only gives the staff direction and guidance and is not binding and just suggests a fee schedule. He pointed out that it can be changed on one week by the new Council. The Council then discussed and debated the original motion made by Councilman Futch, and the extent to which the Council felt the property owners should participate, financially. Councilman Taylor noted that a point of view has been expressed in the past to the effect that industrial land should be con- sidered somewhat differently than residential properties due to the interest of the City of Livermore to have them develop and we have, in the past, bent our normal policy over other improvements in favor of the industrial client because public interest was involved. The City originally made a substantial contribution for industrial development in this area by extend- ing the sewer line to the area to make it available for develop- ment at some cost to the taxpayers. He stated that if a decision must be made tonight he would suggest that the cost be split 50-50 and Councilman Pritchard concurred with this suggestion. ~ ~~ The Council then debated this suggestion and Mayor Miller pointed out that he feels enough direction has been given to the staff and that the Council should wait to debate the matter after the staff has reported back to the Council. Councilman Taylor raised the question of whether or not this delay in doing a total undergrounding would result in keeping the present cross-arm type of poles there for a number of years, or if PG&E would, during the interim, replace these with new poles. Dick Wright, speaking on behalf of PG&E explained that the poles would be replaced during the time of the street widening process and that this would be the procedure in any case. It was concluded that the consensus of the Council would be that the property owner would pay 25% of the cost for the Vasco Road portion of the undergrounding. (Miller and Futch preferring ~ <[50% participation) ~~.~ -d P<<. .. ""1 ",.;r- Councilman Pritchard moved that the ~n~l also include the East Avenue properties which are industrial, to be included in the same fee scale recommended by the staff, seconded by Councilman Futch. The motion then passed by a unanimous vote of the Council. Mayor Miller pointed out that with regard to OGO, when they first came to the City for a building permit it was pointed out that there were a number of large fees involved and that the repre- sentative had said they were aware of the fees involved and would be willing to pay all of them and would check these things out and the Mayor felt that they should have been aware of the under- grounding fees if they followed through as indicated. Mr. Musso commented that the issue of many of the public works improvements is not a subject of the zoning and the only procedure which is different between an Industrial Zone and a Residential Zone is a site plan approval procedure and the industiral apli- cant receives a sheet of conditions to be applied to the area; however, if the applicant does not receive this sheet he is still required to comply with the conditions. There is not such a procedure for residential development - one need only apply for a building permit. Mr. Hirsch stated that he, on behalf of OGO, has written requesting that the undergrounding be waived but they would be willing to amend this request. CM-27-420 March 4, 1974 (Undergrounding Utilities) Councilman Taylor stated that he feels the requirement for the undergrounding cannot really be waived, as it has never been allowed in the past and moved that the request be denied, seconded by Councilman Futch and which passed by a 4-0 vote (Beebe abstaining). o Mr. Hirsch pointed out that he needs only the use of a 220 volt line for his property which is available at the street but because they are located very close to a large industrial area they will be re- quired to install a 12,000 volt line which raises the cost signifi- cantly and asked that some consideration be given to the fact that the line would be servicing the industrial area and LLL. Mayor Miller stated that, again, it depends upon where the parcel of land is located and what conditions are placed upon it by the nature of its location and if undergrounding of lines is a require- ment of the parcel this must be considered at the time the purchase of the property is made. The same type of argument was made by K&B and is made regularly about the undergrounding of lines along East Avenue and which the Council has insisted be done, as has been the case with all other residential development. It would seem that the only reasonable thing to do would be to follow the policy that has been set which requires the undergrounding of residential lines. He pointed out that without the requirements for the undergrounding, parcel by parcel, the Council is essentially backing away from a policy the City has had regarding public works for at least 20 years. Councilman Taylor felt there was some confusion regarding this policy and pointed out that the Council has not really applied the policy in cases in which there are existing lines - they do require that new lines be placed underground. Councilman Taylor moved that the staff be directed to also report to the Council, ways on which the cost can be shared 50-50 between both sides of the street when residential properties are involved on major streets, seconded by Councilman Pritchard, and which passed 4-1 (Miller dissenting). Prior to the vote Mr. Hirsch commented that they were totally unaware of the undergrounding requirement and he is not positive but believes his engineers made a complete review with the Public Works Department as recently as last July and a complete catalogue of the costs was sent to him which did not include undergrounding of these lines. RECESS Mayor Miller called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT RE RAILROAD AVENUE ALIGNMENT ~. The Director of Public Works reported that a final site plan for the Southern Pacific commercial improvement has been reviewed and approved by the City Council, the Design Review Committee and staff and building permits are about to be issued. Prior to issu- ance, however, it is requested that the City Council make a final review and take a position regarding Railroad Avenue alignment and its intersection with East Stanley Boulevard. He then gave a brief history concerning the project and the Railroad Avenue right- of-way illustrating the approved plan on a map and showed the inter- section being questioned by the Planning staff, and what the Public Works Department feels is a proper design for the intersection. CM-27-42l March 4, 1974 (re Railroad Ave. Alignment) Mr. Lee explained that the record of survey is based on the design felt to be appropriate for the intersection and the one which has been presented to the Council on other occasions but has not been discussed in detail as yet. Since it has been questioned, however, it was felt that it should be brought to the attention of the Council. He explained his reasons for feeling that the design is appropriate and should be approved. Mr. Musso of the Planning Department explained the events and concerns which led up to the questioning of the intersection being proposed, stating that at the time of the LDC discussions it was determined that First Street was not the future core of the shopping area but rather the area located around Railroad Avenue, and that it is felt that Railroad Avenue should be re- stricted or limited to downtown shopping access rather than a thoroughfare. He pointed out that the City was trying to get the traffic out of the downtown area before it was realized that First Street was not the center of the shopping area, and traffic was being planned for diversion to Fourth Street and Isabel Avenue. Even though Railroad Avenue is a major street it is hoped that it will be a two-lane road with emphasis on bicycle and pedestrian traffic with parking facilities. He pointed out that he feels the redevelopment of Market Street in San Francisco is placing more emphasis on the needs of the pedestrian and there is a trend to try to discourage the use of the automobile, and offered his concept for the reasons mentioned, adding that this may not satisfy the traffic engineers but would be the proposal offered by the Planning Department out of concern for the pedestrian and the bicycle traffic and shoppers. Councilman Taylor stated that this development which involves the Southern Pacific Railroad, land, and underpasses, has been the major planning consideration for central Livermore for the past two years and in his opinion the major problem Livermore has been confronted with during this time and wondered why this alternate proposal has never been brought up in the past or dis- cussed by the Planning Commission during these two years. The project is at a point where they are ready to commence and now there appears to be a question as to an acceptable plan for the intersection. Mr. Parness noted that there is nothing critical about a decision on this but that the Council is being asked if the plan for the intersection can ever be effectuated, whether the plan suggested by Mr. Lee would be acceptable, or that of Mr. Musso. This may not take place for many years but it is asked that the Council state a position regarding the concept of connecting "S" Street with Railroad Avenue. Mr. Lee stated that, on the contrary, it is important to know which plan the Council would favor, as the agreement with S.P. that provides that in the event the railroads are moved, it must spell out, precisely, what their obligations are, and their par- cel maps which include their surveys indicate the lines with res- pect to that intersection. The Council then discussed the pros and cons of the two proposals mentioned and Mr. Lee interjected that there are already numerous problems which exist because of the amount of traffic on Railroad Avenue and there being no access from "S" Street to that area. Mr. Hanesworth, representative of Southern Pacific, was asked if he has an opinion regarding preference for one plan over the other and was amused at being appointed arbitrator but stated that speak- ing from a strictly monetary point of view, the design has gone "pretty far downstream" while taking Mr. Lee's proposed intersec- tion plan into consideration. Also, there has been a continual emphasis on the orientation regarding the phases concerning Railroad Avenue and would like to know if they should abide by this plan in going ahead with the other phases involved. CM-27-422 , o o March 4, 1974 (re Railroad Avenue) Mr. Street of the Building Department commented that the Design Review Committee, in discussing this matter, was in favor of the pedestrian oriented type of traffic flow for Railroad Avenue and indicated that they would not like to see this street conducive to traffic and would like a meandering type of two-way traffic way with parking and landscaping provided in an attractive way with easy access for the pedestrian from one shopping area to the other and would like this access to shopping on both sides carried out as a theme for the entire length of Railroad Avenue. Councilman Pritchard wondered why this concept could not be provided while at the same time allow for the intersection proposed by Mr. Lee and by which other plans have been made in accordance. Councilman Taylor moved that the alignment for the intersection, as suggested by the Public Works Director, be approved, seconded by Councilman Beebe. Councilman Futch stated that he could sympathize with both points of view in that he would like the better intersection and would like the street to be appealing to shoppers. Mayor Miller stated that he would prefer the proposal made by the Planning staff and the recommendation of the Design Review Committee. Mr. Lee pointed out that the design proposed by him is the design S.P. has been working with for the past year and even though the Design Review Committee would prefer another design for the street this would not take into consideration other needs in the area. At this time the motion to approve the Public Works Director's proposal was defeated by a 2-3 vote with Councilmen Futch, Pritchard and Mayor Miller dissenting. The City Manager suggested that perhaps the best alternative would be to send the matter back through the Planning Commission, so moved by Councilman Futch, seconded by Councilman Pritchard and passed by unani- mous vote. REPORT RE AGREEMENT WITH LLL FOR FIRE AID AND AUTOMATIC RESPONSE It was noted that the matter regarding the agreement between the City and LLL for mutual fire aid and response was removed from the Consent Calendar for discussion by the Council members and that it was post- poned from the last meeting in order that possible City liability might be discussed and the contract reviewed by the Council and the City Attorney. A letter has been received from the Fire Chief recom- mending that the City enter into the agreement, a memorandum from the City Attorney commenting that he sees no problem provided that there is a slight change in the language in one paragraph, and from the City's insurance agent who has indicated that there is not a problem with respect to liability for the City, and the staff has recommended that the Council adopt a resolution authorizing execu- tion of the agreement. r Councilman Pritchard commented that his only concern would be the fact that the ABC might not accept the wording suggested by the City Attorney and Mr. Parness replied that unless the City Attorney feels very strongly about adopting the language suggested by him he would suggest that there be no modification to the agreement, as processing the agreement back and forth from the City to LLL is very time consuming. Mr. Wharton stated that he did not suggest the wording as a "fluke or to keep busy" but if this is the only change which would hold up signature of the agreement, he would like the Council to weigh the pros and cons of it; however, if he were writing the agreement he would not consider the modification indispensable. CM-27-423 March 4, 1974 (re Fire Protection Agreement) Councilman Pritchard then stated that apparently the matter was discussed by telephone with our insurance carrier and in his opin- ion the carrier should review the agreement prior to making a rec- ommendation as to whether the City is liable. The City Manager pointed out that this is essentially no different than the agreement the City has with the City of Pleasanton and the County and Councilman Pritchard wondered why the agreement is neces- sary in that case and Mr. Parness replied that it is necessary be- cause it calls for specific equipment to be used and Councilman Pritchard stated that this is exactly what he is referring to and that the insurance carrier should be advised of this. o The City Attorney, Mr. Wharton, replied that he also feels that this is more than the usual mutual aid contract inasmuch as the City is giving the first response responsibility to someone else. It is his understanding that a mutual aid pact is usually a backup for rein- forcement and assistance between jurisdictions. In this case, we are setting aside certain jurisdictions and stating that LLL will respond to calls in our name. He stated that he would agree that the insurance company should review the contract to determine the City's liability, and would not base approval of the contract on a report received fro~ the insurance agent regarding his telephone conversation with the insurance company, and feels that the insurance company would be the first to disclaim any responsibility based on such a communication. He would suggest that the Council request a letter of approval from the insurance company, if it feels this is important enough. Councilman Pritchard stated that, hopefully, this agreement will result in better coverage for the City and would like to know if the insurance office that does the ratings has indicated that this might lower our insurance rates and Chief Baird responded by saying that he was in the office of our insurance agent at the time the telephone call was made to the insurance company and that a complete discription of what is called for in the contract was reported to Mr. McNamara of the insurance company and they also have received a copy of the contract. The representative of the insurance company has indicated that there would be no adversities to the City of Livermore in setting up this program. He added that more and more cities are doing this type of thing in trying to eliminate duplica- tion that sometimes exists but that Livermore is one of the first to use governmental facilities and the representative has stated that this would benefit Livermore in the future but did not indicate to what extent with regard to evaluation and insurance rates. Mayor Miller stated that perhaps the best course of action for the City Council to take would be to approve the execution of the agree- ment subject to a written response from the insurance company, so moved by Councilman Taylor, seconded by Councilman Futch. Councilman Taylor stated that in addition to better fire protection for the citizens of Livermore there may be a tax relief in the amount of several thousands of dollars that the City would be obligated to pay for another fire station to serve the Valley East Area which will now be covered by LLL. Until the contracts have been signed it means that these people live from day to day with- out adequate protection and it would not be in the public interest to delay the matter. Councilman Pritchard felt that it is in the public interest to see that the necessary agencies recieve copies of the contract and respond to it and still feels concern about the AEC and whether or not we are dealing with Washington, or what, and it may be a possibility that the City is not dealing with the proper layer of the AEC. There is a department of the AEC located in Washington which deals with public safety. He stated that befor approving the motion he would like to have a written response from the insurance company and the AEC. CM-27-424 March 4, 1974 (re Fire Protection Agreement - LLL & City) o Councilman Taylor pointed out that there is a clause provided in the agreement which allows the City to terminate the agreement at any time if it is determined that such an agreement is not in the public interest and feels that adequate protection for the City has been built into the contract and would urge that the motion not be amended. Ray Weingarner, 736 Adams Avenue, President of the Firemans Associa- tion asked why the Valley East area has been without fire protection for the past lO years and Councilman Taylor responded by saying that it has been without adequate fire protection for the past lO years because they are too far away from the fire station nearest to them and the only solution to this problem would be to build a station out there which would be very costly, in addition to the fact that there are other areas of the City which also need a station and if LLL will handle the Valley East area it means that a station can be built on the south side of town to give them adequate fire protection. Mr. Weingarner pointed out that this Council approved only 4 men to be hired to open the new station in the southwest portion of the City and that there are three shifts which would mean that there will be only 4 men at Station 1, 2 men at Station 3, and 2 men at Station 4 which he stated is not manning, in any sense, let alone of any mutual aid pact or so-called formal agreement. Councilman Taylor stated that if money is taken to build a new sta- tion it means that there will be less money to staff the stations and feels that making use of the Lab's fire department will only help to improve our own Fire Department. c Mr. Weingarner charged that there is no guarantee that the AEC will allow the response and that the Council is allowing a shortage in the Fire Department and in the City of Livermore. He admitted the situation in the area is bad and yet he and other firemen living in the area are even more opposed to the contract as drawn up which he read from, specifically the portion which states that if either party is unable to carry out its reciprocal obligations, the other party shall be given as much advance notice as possible so that al- ternate means of protection may be provided. It was his feeling that if an alarm came in, it would take more time to relay the call out to the Lab than the original delay; in addition, maybe they will respond or they may say they have a bomb scare and the gates are closed and they are unable to respond. In that instance, it would be necessary to find enough men to respond which might mean a delay of at least twelve minutes which could be disastrous. He suggested the money be taken from the deficit of the golf course and other such misallocation and use it where it is needed - to protect human life. Mr. Weingarner stated that other things become problems also such as legal aspects inasmuch as the firefighters at the Lab are classified by the state as miscellaneous employees which means they are not covered by the same laws as safety employees of the City of Livermore. Also, if they are injured in the City while acting under the terms of this contract, the City could be subject to suit. On the other hand if one of the local firemen is injured while on a call in the Lab's behalf he is not able to sue which fact was brought out by the City Attorney. He stressed that all the firemen were concerned about just such issues, and he could not understand why there should be haste at this time to execute such an agreement. Floyd Hibbits, president of the Homeowners' Association of the Rhonewood Park area, stated they are not really opposed to the act, but there are some uncertainties they would like to have clarified. He personally has suffered loss by fire and he cited an incident in November wherein his car was completely totaled and destroyed. CM-27-425 March 4, 1974 (re Fire Protection Agreement - LLL & City) Mr. Hibbits stated the response time from the time he phoned until the firemen arrived was approximately 5~ minutes. His reason for mentioning this is the fact he does not feel there is any guarantee that if, in the event there is an emergency crisis at the Lab and one in the Valley East area, that they would receive priority as there is no guarantee that the Lab would respond. It appears from what was read that the right to respond is left to the agency that is called, and he felt if the Lab had an emergency crisis, they would naturally consider their crisis priority over something else and create a greater time delay for the Livermore Fire Department. Legally that area looks to the City for fire protection and fire coverage; also he feels that in that area they are paying higher fire insurance premiums because of the fire protection coverage and the distance to the nearest fire station. They pay the same taxes but do not get the same coverage from the Fire Department. James Adler, 5430 Betty Circle, voiced his agreement with what had been said by Mr. Weingarner and Mr. Hibbitts, and asked the Council to think about the crash trucks which would have to come from the Lab to take care of heart attacks in the area. The response time would be longer as the call would be first made to the City who in turn would call the Lab, and reminded them that it takes only three minutes for brain damage and five minutes for death, stressing the fact that every minute counts. Councilman Taylor asked the Fire Chief if it was true that the Lab could respond faster even considering the telephoning, and Chief Baird replied in the affirmative adding that the alarm systems would be tied together, both would know when the other is on call and both would receive the call at the same time, and the system would be similar to the one at the fire station. Mr. Weingarner stated there was one other thing - the City's respon- sibility to the crash truck. The truck has to go to the airport twice a day to meet the AEC aircraft and the truck requires three men to properly operate and there are only three men at the station, which would leave the west side and most of the north side of the city unprotected, and he again stressed the time element. Fire Chief Baird stated that this has all been considered by his office with the insurance service office who are basically fire pro- tection engineers. He stated he is and always has been on the side of the firemen, however every time Sta. 2 has a commitment and it could be sent out to Collier Canyon Road which is out of the area and has to be protected from Sta. l; every time they go on a single resusitator call, the area has to be protected from Sta. 1 and this has been done for years. He further explained he could cover resi- dentially nearly all of that area from Sta. l, and balance it out from the airport and recall of those personnel. This has all been considered and he has the interest safety and life safety of the people of Livermore like he always has had. Councilman Beebe asked the representative of the Homeowners' Assoc. if the answers that the Fire Chief has given satisfies the questions they have and Mr. Hibbitts replied he did not really think so as they were not sure of the obligations to the Lab. Another question he had was what the requirements are of the City in order to have fire alarm boxes in a residential area as there are very few fire alarm boxes in the area, and Mr. Hibbitts was advised there are no fire alarm boxes in the city. Councilman Taylor pointed out that the contract can be terminated anytime the City determines it is not beneficial. CM-27-426 o i".. ~-) ~ :it March 4, 1974 ~~ (re Fire Protection) ~ Mr. Wharton stated there is one aspect about which he remains con- :j cerned and that is that the contract deals carefully with liability among the parties signatory to the contract, but not with the pO&&ir~ bility of the parties to the contract with respect to everyone else. \ While it is true we can begin to enjoy the benefits immediately, if there is an accident and a law suit and our insurance carrier decides we are not covered, we might lose more money in a law suit than it would take to build several fire stations. He felt we should have the benefit of our insurance carrier's observations on this contract. Councilman Futch called for the question at this time, and the motion passed 4-1 with Councilman Pritchard dissenting. The City Attorney was directed to contact the insurance company and in the event there are any problems the contract can be abrogated with 30 days notice. Mr. Parness offered his personal commendations to the Fire Chief for what he considered to be a very high standard of professionalism in the fire fighting service working out this contractual arrangement with another department; he felt it was entirely to the benefit of the community and the people therein. RESOLUTION NO. 32-74 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT - MUTUAL FIRE AID AND AUTOMATIC RESPONSE - LLL & AEC REPORT RE COMMUNITY ACTION AGENCY The City Manager reported that by federal and state order SACEOA is to be dissolved on or around March 15. The federal regional office of OEO had encouraged the involved governmental jurisdictions, i.e., seven South County cities and Alameda County, to become the Community Action Agency. A joint powers agreement has been drafted and has received the tentative approval of the state and federal offices and the chief administrative officers of all of the local jurisdictions. It is recommended that a resolution be adopted authorizing execution of the agreement. Councilman Taylor moved that the Council adopt the City Manager's recommendation and motion was seconded by Councilman Beebe. Councilman Futch stated he had already commented to the City Man~~~ that he felt there should be more than one fr _.. sur gily- A. I ~ad1;~ administrative board; for example three based on geographical location which is quite a major change and two of the SACEOA representatives from our city who have regularly attended the meetings feel this very strongly. r Councilman Taylor commented that the biggest point of friction that kept SACEOA from being effective was that they amalgamated three existing agencies, and the valley with its special interests never felt adequately represented by that board. Councilman Futch stated you cannot be knowledgable about what is going on in other areas when you are so removed and he felt there could be separate boards which are concerned with their own localities. Mr. Parness explained that before the draft was put together there was a lot of discussion as to whether or not that kind of a struc- ture would be most appropriate and in his opinion it was the unanimous conclusion of those representing the 8 jurisdictions involved that it was not practical or feasible to so write it and Mr. Parness explained that he argued for the structure, as it is, so that we would at least receive specific representation for our valley due to the fact that appointments to the board are based upon geographical location with a singular board. If you fractionalize this and call for 4 of them CM-27-427 March 4, 1974 (Community Action Agency) this would amount to something like an award system in a govern- mental jurisdiction entering into a great deal of provincialism where you get more personalized representation but which is pro- vincial in nature. It is felt that it would be cumbersome for a board to receive and process recommendations from 4 separate ad- ministrative boards under them who would all be fighting and vying for monetary allocations and for this reason it was felt that it would be in the best interest of all involved to have a single board with geographical representation on this board. . ) ~- Councilman Futch stated that from what Mr. Parness has said it would seem that there would be 4 representatives and asked why only 3 are mentioned and Mr. Parness explained that the three would be from the valley, the Tri-cities area and Eden Township with the County of Alameda, in general. Councilman Futch felt that there should be a separate panel from each of these areas and Mr. Parness explained that if this is done there would be 6 (for example) from the Tri-cities area, 6 from Eden Township, 6 from the valley, and according to the representative of the Board of Supervisors, Alameda County would include Castro Valley, Russell City area, possibly VCSD and the unincorporated segments which would be equivalent with respect to population as the other three elements and Councilman Futch felt that they could appoint one member to each of these three boards. Mr. Parness explained that one of the Board of Supervisors members feels that they are already being improperly represented on the governing board by having just one member. Mayor Miller stated that he would tend to share the concern of Councilman Futch and no matter what the pressure is, at present, perhaps the matter should be postponed for discussion again. The City Attorney commented that there is more than just a policy question at hand and that there is also the legal question. OEO is the probable funding source and would not likely fund an organi- zation of the kind described by Councilman Futch except for what is already embodied in the document. There will be a three man committee from the valley and from each of the areas plus three at large in the discretion of the County Board of Supervisors. There is no reason why this three man unit could not function inde- pendently and act as a delegation if it so chooses in its participa- tion in the administering board activities. OEO would require that there be some area-wide jurisdiction-wide administering board and would probably consider a larger board but would feel that they would require this board to act in concert and not leave to the governing board, resolution of conflicting actions by different administering boards. Unfortunately, none of the areas are indi- vidually large enough to warrant funding and is the reason the joint powers document has been created and designed to avoid any plus or minus aspects of the previous anti-poverty agency. It would appear that dispite frustrations and problems that may exist it is the next best thing to a fresh start. The new structure was briefly discussed and the City Attorney explained that all members would, in any case, have to meet in joint session and make joint decisions because uder the OEO regulations the final decision making power must be made by one of the tri-part type boards and the governing board will be 8 public officials and does not meet the OEO standard. He pointed out that there is some additional premium placed on a decesion being made in the reasonable near future which is that the fed- eral fiscal year is coming to an end and there is sufficient money waiting in San Francisco to make it worthwhile to act before it is parcelled out elsewhere and it is his understanding that this is in excess of $250,000 for the balance of this fiscal year and it would be helpful to use these resources to get the CM-27-428 o (' ~ March 4, 1974 (Community Action Agency) organization started prior to the new fiscal year and the tighter funding prospects the new fiscal year brings. Councilman Futch then expressed concern for the fact that the cities are getting involved in the "war on poverty" and that the federal government may withdraw its support which will leave the cities with the financial burden and suggested that perhaps the language could be such that cities could be excluded from receiving assistance unless the state provides additional sources of revenue for such. He noted that we are hemmed in with SB-90 and it would be unreasonable for the state to expect us to pick up the "war on poverty" without allowing us additional tax revenue. The City Attorney commented that as it stands, the agreement would allow another city to be added without any major change in the joint powers agreement but with respect to the future of OEO funding it is his understanding that the President's budget for next yea~oses transfer of OEO into the Department of Health ~ Educatio lfare. This would indicate that for one more year the OEO Community Action Program will be continued and the fact that it is going into an ongoing agency would suggest that it may have a longer life than anticipated in the past. The Council then voted on the suggestion by Councilman Futch to ask for three boards in the contract which was defeated 2-3 with Councilmen Pritchard, Taylor and Beebe dissenting. The main motion passed by a unanimous vote of the Council. RESOLUTION NO. 33-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Associated Community Act Program) REPORT RE MINIMUM WAGE ADJUSTMENT The City Manager reported that an increase in the minimum wage level is pending federal legislation which reportedly has considerable support. However, a provision of the bill requires the payment of time and one half for all public personnel working in excess of 40 hours per week. When applied to the Fire Department, the financial effects this would cause are shocking as it is estimated that converting the Fire Department work week to a 40 hour a week schedule would exceed $250,000 per year - approximately 25~ to the general fund tax rate. The California Firemen's Association opposes this legislation and the staff recommends that the City Council adopt a resolution urging opposition of the measure. On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the staff recommendation was adopted. RESOLUTION NO. 34-74 A RESOLUTION OPPOSING INCLUSION OF FIREMEN IN PREMIUM PAY FOR OVERTIME PROVISIONS OF S.2747. BAPTIST CHURCH CUP APP. & REPORT RE PUBLIC WORKS IMPROVEMENTS ON PORTOLA AVENUE & NO. LIVERMORE Mr. Musso reported that the Planning Commission discussed the appli- cation for a CUP to allow construction of a church and related off- street parking at the northeast corner of North Livermore Avenue CM-27-429 March 4, 1974 (Baptist Church CUP App.) and Portola Avenue which it did conditionally approve. The Plan- ning Commission also recommends that the backing lot treatment requirement be waived and that approval of the church be condi- tioned to eliminate the masonry wall, as they felt that access to the church should not be through the neighborhood in the Harewood area. It was also noted that the Planning Commission expressed concern for the church buying the property and then not constructing a church and it was felt that there should be some assurance that if the church does not proceed that the ob- ligation still rests with the property owners regarding construc- tion of the wall. ,~, U The Council then discussed the frontage requirements and the obli- gations involved and Mr. Lee stated that the Council would have to have a bond, if a bond is to be used, that would guarantee the work to be done no matter what happens and wondered if the Council would require the public works improvements to be done for what might possibly be someone else's frontage. He pointed out that this obligation is to the developer and now there would be some question as to whether the Council could morally require the developer to pay for someone else's frontage. It was the consensus of the Council that if there is to be a church constructed, there should not be a wall; however if a church does not go in, they want a wall along those streets. Mr. Lee commented that he is not going to make a strong case for the wall but pointed out that the Council wanted the wall in the first place and would keep the intersection nice and clean. The wall would be a good idea but he does not feel strongly one way or the other about it. Councilman Taylor moved that the Council adopt the Planning Commission's recommendation with the provision that the Council require the developer to post a cash bond in lieu of construct- ing the wall, explaining that he is referring to the developer who is now obligated to build the wall. He stated that he feels this developer is still obligated to build the wall and put in the public works improvements regardless of whether or not the church is developed. Mr. Lee stated that he would suggest that the Council receive a bond from the church that will insure that they will assume this responsibility so that the developer will be relieved. The Mayor pointed out that the reason the developer was required to pay for the cost of the wall was due to the fact that the cost involved is too much for a small piece of property to assume and it appears that this cost will be dumped back onto the small parcel. This comment was followed by discussion over the wall and who should be responsible for paying for it. Mr. Lee stated that the developer was required to underground the utilities, put in curbs, gutters, sidewalks, walls and street work and now the Council is saying that the backing lot treatment is not necessary and someone else is going to benefit from all of these improvements. Councilman Taylor pointed out that the backing lot treatment re- quirement was only for the sake of aesthetics and everybody in the development will still benefit from all of the improvements which have been done. Councilman Futch commented that there have been former misunder- standings over this property with the developer and would feel better about coming to some type of decision at this time to clarify the matter. 01-27- 430 March 4, 1974 (Baptist Church CUP App.) Councilman Beebe suggested that the staff work out some type of contract that would protect the City and to get all the developments in at this time, except for the walls. o Councilman Taylor moved that the Council adopt the policy of not requiring a backing lot treatment in the event the church is built on that corner and that the details of the obligations to the developer be worked out between the developer, the City staff and the church people. The motion was seconded by Councilman Beebe and passed by a unanimous vote. MOTION TO CONTINUE AGENDA ITEMS On motion of Councilman Pritchard, seconded by Councilman Beebe and by unanimous vote, the items on the agenda regarding the Council policy regarding the widening of 1-580 and possible organization of a Valley Planning Committee were continued. PLANNING COMMISSION'S SUMMARY OF ACTION The summary of action taken at the Planning Commisison's meeting of February 26th was noted for filing. MATTERS INITIATED BY THE COUNCIL (Public Hearings re New Town) Councilman Pritchard commented that he would like the staff to ask that any public hearings that are to be held concerning the development of the New Town, be held in this valley, with which the Council concurred. ADJOURNMENT There being no further Council business, the Mayor adjourned the meeting at l2:l5 a.m. to a brief executive session for the purpose of discussing appointments. APPOINTMENT - Housing Authority (H. Newkirk) The Council reconvened the meeting to adopt the following resolution appointing Herbert Newkirk to the Housing Authority to fill the unexpired term of Harvey Owren who had resigned: RESOLUTION NO. 35-74 o APPOINTMENT OF MEMBER TO THE HOUSING AUTHORITY BOARD (Harvey Owren) APPROVE ~~~.~ Mayor ATTE ~ ; / \ I I / (':(~~L __ C1ty Clerk ~ivermore, California CM-27-43l ADJOURNED REGULAR MEETING OF MARCH 12, 1974 An adjourned regular meeting of the City Council was held on March 12, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:35 p.m. with Mayor Miller presiding. ROLL CALL .~~ . ; ~ U' l . . ,- " ' PRESENT: Councilmen Beebe, Futch, Pritchard, Taylor and Mayor Miller ABSENT: None PLEDGE OF ALLEGIANCE Mayor Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. CANVASS OF RETURNS MUNICIPAL ELECTION-MARCH 5, 1974 The City Clerk reported the outcome of the Election held on March 5, 1974, and certified that it was correct. On motion of Councilman Beebe, seconded by Councilman Taylor, and by unanimous vote, the following resolution was approved: RESOLUTION NO. 36-74 RESOLUTION ACCEPTING CANVASS OF VOTES AT THE GENERAL MUNICIPAL ELECTION OF MARCH 5, 1974 WHEREAS, a general municipal election was held and conducted in the City of Livermore, on Tuesday, the 5th day of March, 1974, as required by law; and WHEREAS, by Resolution No. 31-74 the City Clerk was ordered to canvass the results of said election and certify the same to this Council; and WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were properly established, that election officers were appointed and election supplies fur- nished, and that in all respects said election was held and con- ducted and the votes cast thereat received and canvassed, and the returns thereof made and declared in time, form and manner as re- quired by the general laws of the State of California governing elections in General Law Cities; and WHEREAS, the Council of said City of Livermore met at the Council Chambers thereof on TueSday, the 12th day of March, 1974, to receive the canvass of the returns of said election from the City Clerk and install the newly elected officers, and having can- vassed said returns, the Council finds that the number of votes cast, the names of the persons voted for, and other matters re- quired by law to be as hereinafter stated. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND DECLARED AS FOLLOWS: That said regular general municipal election was held and conducted in the City of Livermore, on Tuesday, the 5th day of March, 1974, in time, form and manner as required by law; and CM-27- 432 March 12, 1974 (Resolution of Canvass) BE IT FURTHER RESOLVED, DETERMINED AND DECLARED, THAT there were twenty-five (25) voting precincts established for the purpose of holding said election, consisting of a consolidation of the regular election precincts established for holding the last general ;--. state and County elections as follows: Consolidated voting Precinct "A" comprising State and County precincts numbered Livermore 30010, 30011 Consolidated voting Precinct "B", comprising State and County precincts numbered Livermore 30020 Consolidated voting Precinct "C", comprising State and County precincts numbered Livermore 30031, 30032 Consolidated voting Precinct "D", comprising State and County precincts numbered Livermore 30030 Consolidated voting Precinct "E", comprising State and County precincts numbered Livermore 30040, 30050 Consolidated voting Precinct"F", comprising State and County precincts numbered Livermore 30060, 30091 Consolidated voting Precinct "G", comprising State and County precincts numbered Livermore 30070, 30090 Consolidated voting Precinct "H", comprising State and County precincts numbered Livermore 30080, 30100 Consolidated voting Precinct "I", comprising State and County precincts numbered Livermore 30110, 30120 Consolidated voting Precinct "J", comprising State and County precincts numbered Livermore 30130, 30140 Consolidated voting Precinct "K", comprising State and County precincts numbered Livermore 30200, 30201 Consolidated voting Precinct "L", comprising State and County precincts numbered Livermore 30202, 30161 Consolidated voting Precinct "M", comprising State and County precincts numbered Livermore 30141, 30150, 30190 Consolidated voting Precinct "N", comprising State and County precincts numbered L vermore 30170, 30180 Consolidated voting P ecinct "0", comprising State and County precincts numbered LJvermore 30160, 30191 ~ Consolidated voting Precinct "p", comprising State and County precincts numbered Livermore 30181, 30183 Consolidated voting Precinct "Q", comprising State and County precincts numbered Livermore 30182, 30184 Consolidated voting Precinct "R", comprising State and County precincts numbered Livermore 30220, 30230 Consolidated voting Precinct "S", comprising State and County precincts numbered Livermore 30210, 30221 Consolidated voting Precinct liT", comprising State and County precincts numbered Livermore 30250, 30260 CM-27-433 March 12" 1974 (Resolution of Canvass) Consolidated voting Precinct "U"" comprising state and County precincts numbered Livermore 30271, 30290 Consolidated voting Precinct "V"" comprising State and County precinct numbered Livermore 30280 Consolidated voting Precinct "W"" comprising State and County precincts numbered ~0240" 30270 Consolidated voting Precinct "X"" comprising State and County Precincts numbered Livermore 30272, 30273 Consolidated voting Precinct "y"" comprising State and County precincts numbered Livermore 30241, 30274 That the whole number of votes cast in said City of Livermore was 7,,798; and BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the names of the persons voted for" the offices for which they were voted, together with the whole number of votes which they re- ceived in the entire City of Livermore, are as shown on the attached" marked Exhibit "A". BE IT FURTHER RESOLVED, DETERMINED AND DECLARED, that at the said general municipal election held in said City on Tuesday" the 5th day of March, 1974" the following persons were elected to the respective offices for the terms stated and until their successors are duly elected and qualified" as follows: ROBERT A. PRITCHARD was term of four years; elected Councilman for the full HELEN M. TIRSELL was elected Councilwoman for the full term of four years; DALE M. TURNER Was elected Councilman for the full term of four years; and BE IT FURTHER RESOLVED" DETERMINED AND DECLARED that at the said general municipal election held in said City on Tuesday" the 5th day of March" 1974" Measure "A" was adopted" receiving more than a majority of votes cast on said proposition" and Measure "B" was not adopted, receiving less than a majority of votes cast on said proposition; the full text of said measures is shown on the attached" marked Exhibit "B". BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the C erk shall enter on the records of this Council a statement of the result of the said election" showing: 1. 2. 3. 4. 5. 6. The whole number of votes cast in the City of Livermore; The names of the persons voted for; For what office each person was voted; The propositions that were voted upon; The number of votes given at each precinct to each person and to each measure; and The number of votes given in the City to each person and each measure. BE IT FURTHER RESOLVED, DETERMINED AND DECLARED THAT the City Clerk shall immediately make and deliver to each of such per- sons elected a certificate of election" signed by her and duly authenticated; she shall also impose the constitutional oath of office, whereupon they shall be inducted into their respective offices to which they have been elected. CM-27-434 I STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD MARCH ') , 19~ IN CITY OF LIVERMORE STATE OF CALIFORNIA (When the City Clerk makes the Official Canvass, he must fill out Certificate on back page.) '-- EXHIBlT IIA" I STATEMENT OF ALL VOTES CAST AT THE '-r' ~ ~ ,~. '-'f ~ ELECTION PRECINCTS e z: e CIl: A. LI. e Ll-' l- e ::- -I == I: o () () o ~ I Firehouse,1389 BluebeJlA 152,,149. 235; i 224il [233: Rec . Cen. ,931 Larks pur B , 75. I 90, 110, , 107 ,121, Garage,988 Lynn st. C 166 '188, 98, 245, .196, Garage,1396 Juliet ct D , 130 i I 133: 63, , 134 . 93, Jackson Ave. School E _. .252. _+- 2.73,__ _ 129. .286'1 .2QJ., East. Ave. School F ;297: ,300; 141 ,323,; ,215, Garage,3866 Pes tana Wy, G : 177 i i 157, III i ' 186 .151 Livermore High School H ;172, ,147, 138, ,183 ,154, Fifth Street School I 358 1213, ,165, 154. ,175 .192. 1617 ~ Q()l+~g~.AY~!. .+_~___J~52"-_..-l-l.8,B-+-.____ i 129."_____ ._J--.93._______J.74_ __.202_______-:.._._________.__ Garage, 1145 Florence K 433 .227, :252, 162 318' .243. Garage, 1731 Cairo St L 367 ,169, 204 158. ,250 .220. Joe Michell School M 557, ,274, ,309. 232. .364: ,313 i Sonoma Ave. School N 373 ,203 194: 168, ,237 ,215, ,! r . Mend enha 11 S.cl}g() 1____..._~__lL~2__-.--j-1411----~ 4B~._~I~....-. ._~~35+_ 212.-+__...____ ~__. Emma C. Smith School P 318. .158, : 166. 125, .236:' 188 Garage, 217 Elvira St. Q 285 ,154. :156, 112, .200 .161, I Junction Ave. School R 152 ,90, ! 65 87 69 82 Garage,2756 Kennedy St. S 335 ! 197. ,195. 123, 209 ,173. May~ ~~ Nl s p ~l} I~twjlll._.c e n t e r T 183-..~ ._-.-l_2.L__~._ _.--9~--~---93.--- 1 0 ~---9R.--~--------.- . Marylin Avenue School U 287 147, i 123 ' 150, ,199 .156. . I Garage, 168 Albatross V 108 . 59. ! 70. 51 ,69 52, Rincon Avenue School W 278 ,154, ; 155 116 ,1861 159. Garage, 677 Brighton Wy X 210 1110, ,101: 99 i .152 108. Rec. Ba1J.,,,835___.PQT.:tQla_u_y __11.2____._139__._. _9(L~..____69-- 123 ____..135_____.:.____ ._J.__.._ Absentee 81 ; 50 i 44 : 22' 42 47 i TOTALS .7798 14173. i4 09 3. 3247 .5023 .4272, , -_._._-------_._._-------~---_._----- ....j.o.------+--....,---:--~---------........_-_._----_..-.....---:------~-------~--..--".--------.-.-- ~-..--/ - .~ .----t" --. --r- --r' ~--r --r--~- I General Municipal ELECTION HELD March !) , 19 74 MEASURE MEASURE f1AlI f1BfI Yes i No Yesj' No i I I I I! A 22~ 130' 15~ 19(3: s 10~ 63 41, 125 c 259: 68 199 129 D 153i 48 122, 79 __ . _~ ~3-Q~ J-.LL2 3Sl m 182.. F 364. 106, 261 210 G 191i 92 132; 153 H ' 214. 69 122 164 I 221, 123 145 197 ._____ ____ _L.:_203..J:1-_2..____9l.-2l9.._____-+-________-i K 308 115 224 204 I. 313. 51, 207, 154 M, 40~ 138 244 308 N, 259! 107, 164, 198' ---- _ ~ -- -.<?-__3J--s+--3J--2~-EL-~---_ ------~-_m--_------r--.--'-_-'-- __ "~_ __n.~ p 248, 66 170. 143, Q 225: 56 159, 124 R 8~ 58 42, 103 S 23Q 102 143. 187 _____--.-!~ 118 69, 68 116 U 189, 96 144, 139 V 60, 45 34, 72 w 176: 98 114, 159 X 151, 52 106, 104 ____ ___ Y 1 ~O ~8 8l__~___-r___-___~-__.-~,-_-___________.________ .. - Absentee, 62 18 35, 45, Total 5524/21263661,3979 ~ _.______________._~_~__________.____+__-.---.--_----...-~.-- _________..__...--.- ___.__.._, __.___-+-.m______..._. ___ .. '- +--___________._____...____--4--___._____.__ ..._..._.._.n.+...____ ',' _.__._ ---r ----or-- '---r-- -oor---.--- I CERTIFICATE OF CITY CLERK TO RESULT OF THE CANVASS OF ELECTION RETURNS County ~~~~~.:~~:::~~~~:mm_m.. }ss. I, .........................................DOROTHY....J.......HO.CK..............................................................................................C ity C ler k of said City, do hereby certify that) in pursuance of the provisions of Section 22932.5 of the Elections Code and of the resolution of the governing body of said City, heretofore adopted and entered upon the minutes of said governing body, I did canvass the returns of the vote cast in said City, at the.........~.....~"..................................m.................................................h.. ...........................G.e.n.e.r.al...Munic.ip.al........................~.~.~.....................E lection held on .............h..M.?-.r..~.h........5................, 19....7.0:..) for elective public offices, and/or for and against each measure submitted to the vote of the voters, and that the Statement of the Vote Cast, to which this certificate is attached, shows the whole mtmber of votes cast in said City, and the whole num- ber of votes cast for each candidate and/or for and against each meas- ure in said City and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and/or for and against each meas~tre are full, true and correct. WITNESS my hand and Official Seal this...........12.t.h..............day of ..........m...M.?x.~..h.........................., 19.....7.~.. (SEAL) By .....................................................................................~............., Deputy. (The above certificate is to be used only when the governing body has ordered the City Clerk to make the official canvass,) : r MEAS URE "A 11 ''---- "Shall the City of Livermore Police Department conduct, in cooperation with the City of Pleasanton Police De- partment, a Strategic Team Enforcement Program concen- trating on crime 9revention and increased citizen security by using funds available under the federal Omnibus Crime Control and Safe Streets Act of 1968?" MEASURE "B" "Shall the proposed increase in the maximum tax rate from sixty cents ($0.60) to eighty cents ($0.80) (increase of twenty cents ($0.20)) per One Hundred Dollars ($100.00) of assessed valuation, such rate to be in effect in the LIVERMORE AREA RECREATION AND PARK DISTRICT for the years 1974 - 1975 to and including 1980 - 1982 (eight (8) years) be authorized for the purpose of financing capital development and acquisition of athletic facilities, community 8ctivity facilities, parks and open space, arroyo trails and neighborhood parks?" (" , 'EXHIBIT I UR" ,~\ ~; ~ March 12, 1974 MATTERS INITIATED BY COUNCILMEN (Term of Office - Beebe) Councilman Beebe stated he had been asked to comment on what had transpired during his term in office, and remarked he felt a lot of good things had happened, for instance the sale of the 200 acres to Sears, who will build when their economics permit; the Intel Corporation locating in the City; the new Police building which is almost complete, the initiation of the building fee for the benefit of the schools, the beginning of the railroad relocation project and shopping center. Councilman Beebe stated that one of the first challenges for the new Council will be the results of the "new town" on the City, which in his opinion should have been built within the corporate structure of Livermore, however he felt that Livermore must show a more outreaching look if they are going to prepare for such things as "new town" in the future. He felt that the new Council- members would be outstanding as leaders, and he looked for nothing but good for Livermore in the future years. (Comments by Councilman Taylor) Councilman Taylor indicated he was just as proud as Councilman Beebe of the accomplishments of the Council during his term in office, and wanted to add that the City has a chance to present to the County, and the citizens our own plan for what happens on the north side integrated with the City. He remarked that the new council has a chance to revise the General Plan for the first time in ten years. He expressed his pleasure in working with the staff and with the rest of the Councilmen, and stated it had been a great privilege to serve the people of the City as Councilman and as Mayor. (Comments by Councilman Futch) Councilman Futch stated he felt Livermore was fortunate in the caliber, integrity and honesty of the Councilmen who have served, and wished Councilmen Beebe and Taylor the best of luck in their retirement from the Council. (Comments by Councilman Pritchard) Councilman Pritchard stated that although he would have some comments to make when the new Councilmembers were seated, he wished to take this opportunity to thank the retiring Councilmen Beebe and Taylor personally for their four years of service to the City which he greatly appreciated. (Comments by Mayor Miller) Mayor Miller stated that people who have not been closely associated with the Councilmen and other public officials do not realize the personal sacrifice in time and to their familes that public service requires, and expressed his appreciation for their efforts of the retiring Councilmen on behalf of the citizens. Mayor Miller added that before he steps down as Mayor, he would like to make a few comments as he had been asked what his accomplishments as mayor have been. With respect to legislation, the Mayor has no right to take credit for the accomplishments of the whole Council as the accom- plishments of the mayor are zero, but it is the accomplishments of the Council that count, and he was pleased to be a member of a Council that has accomplished a large number of things. He hoped that as mayor he had accomplished fairness with the gavel as he tried to treat the public as partners in our political system by allowing people to express themselves and their views at the meetings without trying to limit debate. He also ex- pressed appreciation to the staff. CM-27-435 March 12, 1974 ADJOURNMENT SINE DIE On motion by Councilman Taylor, seconded by Councilman Beebe, and by unanious vote the meeting was adjourned sine die. CALL TO ORDER ~i.~_) The City Clerk called the meeting to order after having delivered certificates of election to each new councilmember and administering the oath of office. The City Clerk then asked for a motion to select a mayor for the coming year. Councilmember Futch nominated Councilmember Pritchard and the nomination was seconded by Council- member Turner. Upon call for further nominations, there being none made, the City Clerk declared the selection of Mayor Pritchard by acclamation. NOMINATIONS-VICE MAYOR Mayor Pritchard took the chair at this time and asked for nomina- tions for Vice Mayor. Motion was made by Councilmember Turner, seconded by Councilmember Tirsell to nominate Councilmember Futch as Vice Mayor. There were no other nominations and Councilmember Futch was unanimously declared to be the Vice Mayor. MATTERS INITIATED BY COUNCILMEMBERS Vice Mayor Futch at this time thanked the former Mayor Donald Miller for the fine job during his term as mayor, and the audience responded by a standing ovation. (Comments by Councilmembers) Councilmember Miller expressed his appreciation indicating he had only tried to do his best, and he wished Mayor Pritchard good luck in his office. Councilmember Turner remarked that he only hoped he could do as good a job as had been done by the other members. Councilmember Tirsell stated that she planned to work very hard and to do her best. Mayor Pritchard expressed his thanks to the people who helped in his reelection, and more especially Dick Wright who helped in his campaign, priscilla Payne who was his campaign manager, and to his wife Effie as he felt she had put up with a lot during the past four years, and knows what she must look forward to, and to his daughter Renee. He thanked his colleagues on the Council who had entrusted the Mayor's chair to him for the coming year, and he ex- pressed his thanks to the staff for their cooperation. ADJOURNMENT There being no further business to come before the Council the meeting was adjour ed at 8:08 p.m. ATTEST APPROVE Mayor CM-27-436 Regular Meeting of March 18, 1974 A regular meeting of the City Council was held on March 18, 1974, 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: Councilmembers Futch, Miller, Tirsell, Turner 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. RE SITE LOCATION Fire Dept. Station 4 Mayor Pritchard announced for the benefit of interested citizens present at the meeting that the Council had been informed by the City Attorney that legally the firehouse cannot be placed on the parksite on Neptune and they would have to seek another location, therefore this matter has been tabled. MINUTES APPROVAL On motion of Councilman Futch, seconded by Councilman Miller, and by unanimous vote, the minutes for the meeting of March 4 were approved as corrected. OPEN FORUM The Mayor invited anyone in the audience to speak on any item not on the agenda at this time, however there were no comments. CONSENT CALENDAR (Resolutions Annexing Murrieta Blvd. Annex and Arroyo Annex No.3) The Planning Commission has reported favorably on the proposals for the annexation of Murrieta Blvd. Annex,which involves the street area only located at the northerly end as it intersects portola Avenue, and Arroyo Annex No. 3 which involves the property recently acquired by the City, adjacent to Robertson Park. The maps and descrip- tions have been finally approved, and the final steps may now be taken to complete the annexations by resolution. RESOLUTION NO. 37-74 / A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "MURRIETA BOULE- VARD ANNEX" TO THE CITY OF LIVERMORE PURSUANT TO THE "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939" AND SECTION 35015 OF THE GOVERNMENT CODE. CM-28-1 March 18, 1974 (Arroyo Annex No.3) RESOLUTION NO. 38-74 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "ARROYO ANNEX NO.3" TO THE CITY OF LIVERMORE PURSUANT TO THE "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939" AND SECTION 35015 OF THE GOVERNMENT CODE. (Report re Police Admin- istration Bldg. Construction Schedule) The City Manager explained that time delays have been experienced by the building contractor for valid reasons as certified by our architect and Building Department. It is recommended that a motion be adopted authorizing extension to March 29. (Departmental Reports) Departmental reports were submitted as follows: Airport Activity - February Building INspection Department - February Municipal Court - January Alameda County-Mosquito Abatement District - January Police and Pound Departments - February Water Reclamation Plant - February (Beautification Committee Minutes) Minutes of the Beautification Committee for their meeting of February 8 were received. (Payroll and Claims) There were two hundred sixteen claims in the amount of $77,749.79 and payroll warrants in the amount of $71,289.24 ordered paid as approved by the City Manager. (Approval of Consent Calendar) At the request of Councilmember Tirsell Item 2.3 regarding the Carnegie Building occupancy was removed from the Consent Calendar, and on motion of Councilmember Miller, seconded by Councilmember Futch, and by unanimous vote, the remaining items on the Consent Calendar were approved. COMMUNICATIONS AND UNFINISHED BUSINESS (Re Airport Master Plan) A communication was received from the City of Pleasanton expressing support of our airport master plan. Mr. Parness stated that in this regard the staff concurs with the City of Pleasanton's atti- tude and they expect to bring them into the planning process. (Notification from North I-580 Citizens Group) A letter was received from the North 1-580 Citizens Group advising the Council of the formation of the group, stating that their purpose CM-28-2 March 18, 1974 (I-580 Citizens Group) (~ is to unite the citizens north of the freeway to improve their area and address themselves to the various needs they have. The chairmen of the City Council liaison committee are Bob DeSimon and John Fox. The committee also thanked the representatives who attended the meeting in February and listened to their complaints. (Resignations-Industrial Advisory, Beautification Comm.) Letters have been received from R. S. Hampton, tendering his resig- nation from the Industrial Advisory Committee and notification from the Beautification Committee advising that Floyd Hibbitts has resigned. Mayor pritchard proposed that in the future, perhaps resignations could be placed in the Consent Calendar for appropriate action. (Request for Funds-Admission Day Celebration Committee) A request for funds in the amount of $100.00 has been received from the Alameda County Admission Day Celebration Committee. The offi- cial celebration is proposed for September 7-9, 1974. Councilmember Miller suggested that the letter be filed without comment. COMPLAINT RE CITY OF LIVERMORE SIGN LOCATED ADJACENT TO I-580 A letter was received from Elizabeth Mondon, 5873 Singing Hills Avenue, protesting the City of Livermore free-standing sign located adjacent to I-580 and which does not conform to the City ordinance regarding signs. Councilmember Miller stated that Mrs. Mondon is correct in her state- ments about the sign and would move to direct the staff to take the sign down, seconded by Mayor Pritchard. The City Manager stated that he would like to say, in support of the sign, that the sign is directional in nature and that everyone does not know that the golf course adjacent to the freeway is the Las positas Golf Course. He noted that a great deal of the people who play golf at the golf course come from the Bay Area and have some difficulty finding the turn-off place. He stated that this is also true of the airport and the industrial properties. He felt that it is directional rather than advertising in nature and has proven to be very beneficial. ( i Councilmember Miller stated that he would like to amend the motion to include that the Design Review Committee be requested to review designs for a sign that might be used for direction to the airpor~~IU~ . and the golf course and Councilmember Futch JR~~ that it was '\i'~~ . his understanding that a sign had already been as an alterna e when the sign is removed and that this is the sign that would cost $4,000-$5,000 of the taxpayers money to erect and is also smaller than the existing sign. It was noted that this is correct. One member of the audience commented that even if it does cost the taxpayers money for the sign it is not fair that the merchants had to replace signs at their own cost and that the City is still allow- ed to have its sign standing which is not in conformance and was the basis for the letter. CM-28-3 March 18, 1974 (City Sign Adjacent to I-580) Councilmember Turner commented that he feels it is very important to have directional signs in the area but would not like to spend $5,000-$6,000 of the taxpayers' money for a sign. He felt a small directional sign should suffice and that the present sign could be removed. At this time the motion and the second was withdrawn at the suggestion that the matter be continued, so that the past action and the past design submitted might be reviewed. On motion of Councilmember Tirsell, seconded by Councilmember Turner and by unanimous vote, the staff was directed to furnish a report regarding the sign and what alternatives are available. Councilmember Miller asked which committee had furnished a design to be used and it was noted that this had been done by the Planning Department. Cbuncilmember Miller felt that it would be appropri- ate to ask the City Design Review Committee for their opinion of the design also. COMMUNICATION FROM LARPD & SCHOOL DIST. RE PARK & SCHOOL SITES A letter was received from the Board of Education for the School District and the Board of Directors for LARPD requesting that the City planning guidelines and criteria be adjusted to require developers to consult with these agencies prior to filing tract maps, which generally show school and park site locations, in order that the sites are located to provide maximum advantage to the residents to be served. Mr. Parness stated that he is going to try to arrange a meeting for the City staff and these two agencies to review the communica- tion devices to see that their suggestion is being used. Councilmember Turner suggested that possibly at the time a developer applies for a tract map, prior to approval or as a condition to approval, the land price be settled and agreed upon rather than to wait until the tract is complete and arguing over the price at the time of completion. He noted,that this is simply a sugges- tion, it may not be legal or there may be some problem. COMMUNICATION REQUESTING PLACEMENT OF WRECKED CAR AT FIRST. & SO. LIVERMORE A letter was submitted to the Council by the Junior Women's Club requesting permission to place a wrecked car at the intersection of First Street and South Livermore Avenue to call attention to need to use safety belts, and to use the display during Safety Belt Week. The City Manager recommended that the Council adopt a motion approving the display for a brief period subject to the assurance that traffic visibility will not be impaired and that the display will be promptly removed. On motion of Councilmember Futch, seconded by Councilmember Turner and by unanimous vote, the City Manager's recommendation was adopted. REPORT RE AIRPORT LIMOUSINE SERVICE APPLICATION The City Manager reported that Airport Limousine Service has made application for a limousine service to the airport and the matter CM-28-4 March l8, 1974 (Airport Limousine Service) was postponed at the request of the representative for the Holiday Limousine Service which is operating the same type of business in the City. Brian Wilson, Manager of the Airport Limousine Service commented that he would like the Council to make some type of decision regard- ing their application in order that they might move along with the necessary business for obtaining a license to conduct the service. The City Attorney explained that Airport Limousine Service has been providing this service into and out of the City at the rate of about six trips per week and it came to the attention of the City that they were operating without a business license. When they were notified of this they agreed to apply for a license to continue conducting business and have done so. The existing Holiday Limousine Service wanted the Council to take consideration of the fact that it might have an adverse economic effect on its business and, consequently, the matter was postooned to allow the City to obtain more information from each of the parties involved. The Council must now determine whether the public convenience and necessity would be served by hav- ing two limousine companies operating in the City. He then reported on the various checks that have been made regarding reputation and liability as well as financial status of the applicant which has been conducted by the Police Department staff and found to have been satisfactory. Mayor Pritchard asked if the Council can, legally, consider whether or not it would be an economic disadvantage to another company and the City Attorney stated that this can be considered and can conclude from it that the public interest is being served in either allowing it or not allowing it. He commented that the usual procedure is to lean toward allowing another operation and reviewing the two operations after a given period to see whether or not public con- venience and necessity is still being served. He stated that the length of time for operation prior to being reviewed is a matter of policy but would feel that a six month period would be reasonable. Wm. Struthers, attorney representing Holiday Limousine Service, stated that this discussion is not regarding a taxi cab type of service and that misconduct is not a consideration in this type of business. He stated that he feels there should be equal treat- ment of these applications and pointed out that Holiday Limousine has been servicing the area (primarily the people at the labs) for a period of two years and getting their customers to the airport, also handling the overloaded schedules and mixups that occur in traveling schedules. He stated that Airport Limousine Service operates on a rate schedule they feel is not realistic. He pointed out that Holiday Limousine operates a business that is very spec- ialized and it saves the people at the Lab and Sandia from having to rent cars which alleviates wear and tear, time and energy. Mayor Pritchard asked if Airport Limousine advertises in the City of Livermore and Mr. Wilson explained that only through the travel agencies and in servicing some members of the Lab that Holiday Limousine does not cover, such as to Brentwood, which the other service does not cover. He pointed out that in the past Airport Limousine Service operated on a charter party permit and is the reason the rates were higher. Mayor Pritchard stated that if the Council were to deny approval of the application, what would stop them from operating as they have been in the past, and the City Attorney replied that after CM-28-5 March lS, 1974 (Airport Limousine Service) investigation of this company and its past business practices they have been found to be reliable and to try to conduct busi- ness without the necessary permit would be inconsistent with their business reputation and felt this should not be a con- cern of the Council. He stated that he felt the concern of the Council should be regarding the public convenience and neces- sity and would have to have substantial evidence to indicate that this would not be served if an additional permit were issued. Councilman Futch felt that without indication that the service would be detrimental it would not be in the spirit of free enter- prise to deny the permit and therefore moved that the Council approve the issuance of an owners permit for a period of six months and at the end of this time it be reviewed for evaluation of public convenience and necessity, seconded by Councilmember Tirsell and which passed 4-1, Mayor Pritchard dissenting. Mayor Pritchard commented that he opposes approval of the applica- tion due to the fact that they are not located in Livermore, do not advertise in Livermore and would consider them an out of town business conducting business in our City. Councilmember Miller commented that he, personally, is very satis- fied with the service Holiday Limousine has been providing but could not justify not allowing someone else the right to conduct the same type of business. DISCUSSION RE PLAN- NING UNITS S & 9 (Continued from meeting of l-2S-74) The Planning Director explained the history regarding Planning Units Sand 9 which he stated has been referred to the City Council by the Planning Commission and that all of the council members are familiar with the matter regarding the location of residential and commercial development and for which the proposal is essentially preconceived on the basis of the General Plan. He explained that one density transfer is involved with the industrial area and there is a proposal for a mandatory density transfer due to the approach to the airport and the noise contour. Councilmember Futch stated that he would not like to approve any- thing that would be in conflict with the General Plan, and Mr. Musso explained that there is nothing in the proposal that is not in the General Plan - industrial is indicated as industrial on the General Plan also, as well as density and open space. He commented that the only thing which might not be in conformance would be the school and park sites. Councilmember Tirsell wondered if the Council needs to work with the difference in the Isabel Freeway right-of-way between the area south of 1-5S0 where it is indicated as a major street and Mr. Musso replied, yes, the difference between the right-of-ways is really significant because if the freeway is to be abandoned that right-of-way would be reduced to about half the size of the major street and approximately a 52 foot width difference. He pointed out that steps have not been taken to abandon Isabel Free- way but it is his understanding that this is the intention and he CM-2S-6 March 18, 1974 (Planning Units 8 and 9) c felt that as far as approval of the Elliott property there would be no problem. He stated that there are 62 dwelling units involved and would guess that the whole major street would be shifted into the freeway right-of-way to stay away from the sewer plant (regard- ing the freeway north of Las Positas). The Council then discussed the Elliott property and the 62 dwelling units which is a tract approved within the freeway right-of-way. It was noted that the tract map expired in January but could be resubmitted. Councilmember Miller stated that the question of the freeway has not yet been resolved and also we are in the middle of a General Plan review in which there may be substantial density changes in all the planning units in the City. If there are changes in density there may be changes in these two planning units and if the Council were to approve these two units tonight there may be problems with respect to these things which have not yet been resolved and for which the moratorium was invented. If they are approved at this time it may not be possible to later make the density changes found to be desirable during the General Plan review. He felt it might be reasonable to adopt the general concept, in principle, but put the final approval over until the General Plan density has been resolved in addition to school abandonment and park acquisition being resolved, and so moved. The motion was seconded by Councilmember Turner for discussion purposes. The City Attorney commented that he feels there is a potential legal problem which might be avoided by taking Councilmember Miller's motion and adopting it as the view of the Council. He explained that the law regarding inverse condemnation is uncertain but there is some indication, also, that the contents of the General Plan are not likely to be the basis for any kind of law suit or re- covery in inverse condemnation. There is some indication that suggests that the contents of a specific plan may lead to and support the recovery of property by property owners in inverse condemnation. He felt that under these circumstances, since there seems to be no urgency in adopting it right now, it could be left until the end of the moratorium period when all the specific plans can be considered and coordinated with the overall final General Plan. He would suggest that it be supported, in principle, but saved for final adoption. Mr. Wharton stated that the Elliott firm has filed a complaint concerning the freeway strip that has been dis- cussed and feels that our litigation position would be strengthened if we did not have to operate and litigate this space on an adopted specific plan. Councilman Futch stated he need some explanation regarding the inverse condemnation and how the adoption of a specific plan is going to create the problem. (' Mr. Wharton explained that in the most recent California decision, it was stated that a general plan which indicated a road going through a piece of property was no more than a concept which the municipality in question might decide to initiate at some future time, but it had no committal quality which the courts found not to be the basis for a suit in inverse condemnation. On the other hand a specific plan which, by virtue of its name and its purpose, takes a General Plan which is a conceptual picture of a given part of the City and imposes considerably more detail and may be viewed by a property owner who does not like the disposition of his property under a specific plan to say there is no indication other than that the City is going to do such and such with his property and in effect, destroys the purpose for which the property was purchased. CM-28-7 ._"._.._...._..'"__....",...._._......_.._..'wn...._.__.________~,_~____~ ,.' ."...____ ___.__..._....._ March IS, 1974 (Planning units Sand 9) Councilmember Futch commented that his interpretation of what the City Attorney has just said is that if the Council does anything at. all it has a problem, and if this is the case the Council had better think about it very carefully. , The City Attorney replied that his remarks go to the timing of the adoption of a specific plan rather than the desirability. He felt the Planning staff would clearly advise as to the desirability and explained that what he is saying is that he feels the City does not lose anything in a moratorium period when things are, theoretically under review, to adopt in the middle of that moratorium period a specific plan for part of the City which in effect deprives the Council of some of its layered choices and options when the whole General Plan review has been completed and all the specific plans can be judged in relation of each one to the other. Councilmember Futch wanted to know if the City Attorney is advising that the Council adopt a policy of not approving any specific plan until the General Plan is finished which may be a couple of years and Mr. Musso pointed out that it would appear that the Council and Planning staff is being advised to not do any planning until all of the decisions have been made which he feels would be completely contrary to the whole purpose of planning. Councilmember Miller stated that if it is the intention of the Coun- cil to adjust the ultimate holding capacity of the City and to ad- just the final density in the various planning units of the City, to adopt a specific plan at this point pre-empts the possibility of the chance to make a change afterward in the time period between adoption of the specific plan and the end of our General Plan review, in particular our moratorium. It may be possible for all that area to have tract maps and permits requested and consequently the Council will have lost the opportunity that the General Plan review was designed to provide - namely, to adjust our planning to take care of changes in environmental conditions and possible holding capacity. Therefore, it would seem only reasonable to put over for final adoption these things until the moratorium runs out. He felt that it does not seem useful to have gone into a General Plan review if the Council intends to preempt without waiting for the results. This does not mean that the Planning Commission cannot continue to layout the ideal distribution or what they consider to be the ideal distribution as they have been doing. Mr. Musso commented that the specific plan must agree with the General Plan and if the General Plan is changed it means that the specific plans will have to be changed and added that when the Planning Commission discussed the three plans they did consider the possibility of amending the General Plan concurrently but did not think that at this point there were any changes in view. At present the staff is studying a plan and is going to propose a General Plan amendment concurrent with the adoption of the specific plan because it is felt that there should be some specific changes. He stated that the City started out deciding whether or not to go into a petaluma type of growth control measure and our City Attorney, at that time, proposed the moratorium program with the adoption of specific plans and a General Plan amendment in lieu of the petaluma approach and for this reason we proceeded with General Plan amendments and ordinance amendments for those areas where development is eminent. The General Plan amendment, at least in his opinion, is separate and sets up growth controls CM-2S-S March 18, 1974 (Planning Units 8 and 9) C~ needed presently for denying subdivision maps that do not conform to a specific plan or a General Plan. Councilmember Turner stated that it was his understanding that the specific plans being done were required by law and the reason they are being considered. Mr. Musso responded by saying that we are required to do some General Plan amendment, some ordinance amendment and we could do some specific plan adoption in order to implement AB-130l - the General Plan was another issue. Councilmember Turner stated that in his opinion to approve this item during the moratorium would not seem to be opening the doors for developers to file tract maps for approval in these areas and it is his understanding that the City is only complying with the law. Councilmember Miller felt that the City Attorney's point is that once there has been adoption of a specific plan the City's position becomes weaker. Councilmember Turner pointed out that the Planning Commission spent many hours working on a specific plan and now it is being said that if such is adopted it will weaken our position during the moratorium. It was his understanding that it was very important that these areas should be set in priority and that Planning Units 8, 9 and 11 be given top priority for recommendation of approval to the City Council. Councilmember Futch felt that Councilmember Turner is exactly right and the City wanted to be protected from a subdivision coming into a location not adjacent to the City and wanted to have grounds on which to deny its development and was the reason the Planning Commis- sion was directed to proceed. The City cannot wait until the end of the General Plan review and then do all the specific planning in a month or so and then approve it. The reason the Planning Commission was instructed to proceed was so that we would have these plans availa~.. ble and would be adopted so that at the completion of the moratorium ~ anything that comes in will have to conform with AB-130l and with ~ our specific plans. ~ Councilmember Miller commented ~ in response to the remark made ~ by Councilmember Turner about the Planning Commission going to all ~ the work of the specific plan just to have it not approveg,~ that the motion made was not a motion for disapproval but a motion to ~ approve, in principle, the plan which is the result of the work ~ which is extremely desirable. The motion is that the plan not ~ be adopted until it is known if there are to be changes in density and is probably the major change that may take place as a result of the General Plan review and at that point changes in the specific plan to correspond with the General Plan would be relatively minor. ( \ ", Councilmember Tirsell asked if, at the end of the moratorium, there is any indication as to whether or not Isabel Avenue will be a major highway or freeway and Mr. Musso indicated that this is possible which was followed by discussion regarding possible change in density in this area, and where it may occur. CM-28-9 March 18, 1974 (Planning Units 8 and 9) Councilmember Tirsell stated that although there may be some change in density she feels that she is hearing something completely different tonight than what she understood the intent to be. She commented that when she worked on the plan as a Planning Commissioner she was under the impression that this was to be a source of protection for the City and that specific plans were being filed with the intent that they would be adhered to and had felt more favorably disposed towards this planning unit because there are limited spaces undeveloped. Councilmember Miller stated that he feels the purpose of the work done earlier was to protect the City and to prepare the specific plan so that most of our work is done prior to expira- tion of the moratorium so that they can be adopted. If we adopt the concept, in principle, we are saying that we like the general idea and if we put over the adoption of it until the moratorium begins to run out, what we have done is to have left options open and none of the work that has been done will be lost. Councilmember Futch commented that if it is relatively easy to change the density at the end of the moratorium, as pointed out by Councilmember Miller, why not go ahead and approve the plan with the present densities which can later be changed. He felt that with the exception of the strip along the highway, there will be very few areas that will be changed. He stated that he would be in favor of approving the specific plan as presented. The City Attorney stated that there mayor may not be a planning or legal problem but would have to say that it would be consider- ably easier to have the consistency of the City's position maintained by delaying the formal adoption of the plan in the detail in which it has been proposed. He stated that in response to Councilmember Tirsell's comment about what the Planning Commission was led to believe, perhaps this was not inaccurate at the time as the legal decisions he is referring to came down in late October of last year making them only three months old. These decisions cast a somewhat different light and significance regarding distinction between General Plan and specific plans. Both are mandated by state law and provide a valid tool for the City to govern its development and both must ultimately be adopted. Mayor Pritchard stated that the point which the City Attorney has made and which he had intended to make was the fact that the Plan- ning Commission and the Council did not have the benefit of counsel at the time this was at the Planning Commission level and as aptly pointed out by the City Attorney there have been certain matters which have come to light since the specific plan was worked on he and would urge the Council to carefully consider the City Attorney's advice. Councilmember Tirsell asked if the City Attorney is advising that because we are in a moratorium period we should not adopt specific plans and the City Attorney replied that he feels this would be the advisable strategy from a legal standpoint and explained that as he recalls the legal decisions that came down in October did not relate to a moratorium period but generalized that a specific plan is much more likely to give rise to actions in inverse condem- nation than a General Plan, and Councilmember Tirsell stated that they have been aware of this fact all along. CM-28-l0 March 18, 1974 (Planning Units 8 and 9) c Councilmember Tirsell commented that this plan took about a year of work and it would probably take six months to get the densities changed on each one of these as they come in. Only two have been done and there must be about 15 in the works and if this is an indication of the time that will be involved we may have the specific planning done by the year 1995 and is the reason she feels a great deal of concern. Councilmember Futch moved that the matter be continued for a period of one week as it would appear that we are getting into a basic policy change and legal questions have been brought up at this meet- ing that the Council did not expect and would rather not act without a staff report. He stated that this may be setting a precedent for the other specific plans that will come in and he would like to have a report from the City Attorney. The motion to table the dis- cussion was seconded by Councilmember Turner and passed 3-2, with Councilmember Miller and Mayor Pritchard dissenting. Mayor Pritchard commented that he would prefer the matter be con- tinued for two weeks rather than one week with which the Council concurred. REPORT RE BART INTRA-VALLEY ALIGNMENT The City Manager reported that we are coming to the end of the plan- ning portion of the BART intra-valley rail alignment in which our City is participating. The planning process is being done on behalf of BART and the MTC with a federal grant and has been in process for about a year with just a few short months left. Our City has been actively participating since the beginning and thus far our City Council has decided in their favor with regard to the transit corridor from the three alternatives that were studied at great length. It is his understanding that the Board of Control and the BART Board of Directors have concurred with the 1-580 designation for the corridor to be used and the next most important phase of the planning is to select an intra-valley rail alignment system. This is very important, as it determines precisely where the rail lines will be located and will service our City. The staff has recommended that the rail routing that would best service our area would be one which would intersect with the Central Business District and our consultant has suggested selection of Site "L" for the station location due to the minimum of congestion. He stated that he has invited representatives of the BART planning staff to attend the meeting and hopefully the City Council will be able to make a final judgment regarding the rail alignment because it is expected that the Board of Control will have to come to a decision at their meet- ing which is to take place in a week to 10 days. He then introduced Mr. Howard Goode of the BART planning staff who is prepared to ex- plain the alternates available to the City. r Mr. Goode explained that the lines illustrated on the map before the Council are the final results of a year of study done by regional and City staff people in trying to select a route. He then explained the various stations on the map ("K" , "0" and "L") and the courses available for the BART line. He stated that the Council must decide whether the line should go through the downtown area, or along the northerly edge of town, explaining that both of these routes are related to "0" so the choice is between "K", "L" or "Mil. If the lower route is chosen the Council must then decide between flL" and "M". The other consideration is whether the rail should be elevated or at grade level, or even subway. CM-28-11 March 18, 1974 (BART Intra-Valley Alignment) Mayor Pritchard asked if Pleasanton is considering this same matter at their meeting and Mr. Parness stated that they are and Mr. Goode interjected that they did take a vote tonight which was in favor of the southerly line through "J" in down- town Pleasanton and the Mayor asked what would happen if this Council would vote for another route, and it was explained that their desire would not be in conflict with the route preferred by the Livermore City Council, whatever that choice might be. Mr. Goode briefly explained the recommendations of the consultant with regard to the alternatives which was for the southern line throughout the valley - through downtown Pleasanton, continuing along Stanley Boulevard and through downtown Livermore at grade level with the stations located at "L" and "0". The reason for this recommendation was that it would provide a much better service to the total citizenry of the City of Livermore and "L" was chosen over "M" because it was somewhat out of the downtown area in which there would be less congestion and better parking facilities. Mayor Pritchard noted that the consultant had recommended that the line be underground for Pleasanton and wondered why this had not been the recommendation for Livermore and the City Manager replied that when it comes to the financing that aspect of construction he feels that the consultant and the BART staff arenot in a position to say that this should be sustained by the District. Mayor Pritchard continued that it was his understand- ing that Pleasanton was voting on whether they should go under- ground, and wondered if this was contrary to the consultant. Mr. Goode stated there were some reasons the consultant's recom- mendations were for underground in Pleasanton and not in Livermore, and he would ask Mr. Hans Corve who is representing a consulting team and is present tonight to elaborate very briefly. Mr. Corve explained that in Pleasanton the undergrounding of BART is to minimize obstruction on the east end of town, abutting resi- dential, and to act as a vehicle for consolidating the railroad through town. This does not apply to Livermore since Livermore is nearing an agreement on having the tracks consolidated through the City. The track will be just north of the WP tracks after the relocation. Either at grade or aerial alignment is possible without any major differences in effeot, with the exception that with the aerial you would have less chance of creating an effective noise barrier between BART and the adjacent residential area, and you have the problem of visual obstruction. Having BART at grade adjacent to the track assures that the remaining grade crossings that will remain after the consolidation is completed will be grade separations, because you must have all crossings grade separated for BART because of the third rail. It is not possible to put BART in a subway in this same alignment due to the presence of the railroads and also the conflict that would arise with the overpasses at the major crossings and BART below grade. The align- ment for a BART subway would be under Railroad Avenue and east of station "L" which route he explained adding that this would mean that Railroad Avenue would be open for a period of about two years for construction of the. subway, and that stations "L"and "M" would have to be located slightly further south. Councilmember Miller raised the question of where the money is to come from to pay for these grade separations and Mr. Parness felt the question would have to be addressed at the time construction is contemplated. CM-28-l2 March 18, 1974 (BART Intra-Valley Alignment) Councilmember Miller mentioned the possibility of receiving aid through the state underpass program and Mr. Parness stated that to his knowledge the grade separation construction fund does not address local mass transit system, but rather railroad transit. Councilmember Futch felt that the most important question to be answered at this time is not the grade level, as this will most likely be discussed at length at another time, but rather the route determined to be the most desirable and in his opinion by looking at the population that would be served by the lower route he would tend to agree with the recommendation by the consultant for this route. This was also the route selected by the Pleasanton Council. Mayor Pritchard commented that he would agree with the selection of the lower route because of the relationships within the valley and his feeling that a number of people need to go to Pleasanton and if BART was available as a means of transportation to Pleasanton people would probably use it. Councilmember Futch moved that the Council approve the line through Pleasanton, going through Station "J", "L" and out to "L" and approve Station "L" in Livermore, in addition to the desire that BART be placed underground, seconded by Councilmember Miller. There being no further discussion regarding the matter the Council adopted the motion by unanimous vote. RECESS Mayor Pritchard called for a brief recess at this time which was followed by continuation of the meeting with all members of the Council present. REPORT RE TRACT 2619 - Bevilacqua Tract - KISSELL MORTGAGE COMPANY The City Manager reported that the matter regarding continuation of development of the Bevilacqua Tract 2619 (Springtown area) was discussed at the meeting of February 25th and referred to the staff for report. At present, the status of the development is as follows: 69 partially constructed structures 104 expired permits, and 32 lots for which permits have never been issued The mortage company is in the process of foreclosing on the property and their rights and entitlements for the occupancy of the land will not become effective until the first part of May this year at which time, if they do have the right to occupy and in the event that build- ing permits will be declared valid and obtainable, they will imme- diately try to retain contractors for the purpose of proceeding with development left uncompleted by Reliance Builders. r The City Attorney explained that meetings have taken place regarding the matter in an effort to reach an agreement between the Kissell Company and the City with respect to the development. He pointed out that 69 of the 205 lots have been issued building permits and by Council action were declared to be valid through June 3rd of this year. The Kissell Company is prepared to build these units as soon as possible after it takes legal possession of the property and in no event would the work be undertaken later than June 3rd. CM-28-l3 March lS, 1974 There will be no additional fees or charges of any kind levied against the Kissell Company inasmuch as these are valid building permits which were issued at a time when the school fee was not required, as has been adopted since that time and for this reason there are nee_school fees built into the 69 units. The 69 units are contiguous to existing completed occupied residential units. The next series of units are the 104 units immediately north of the uncompleted 69 units and the essence of the agreement is that renewal permits would be issued to the Kissell Company at any time within one year of the Council decision of this matter at the then prevailing fees at the time of issuance of those permits including the $SOO per unit school fee. The last unit of 32 is the most northerly of the three and the agreement pro- posed for your consideration is that the 32 original building permits be issued at any time within one year after the Council makes a decision on the matter at the then prevailing fees at the time of issuance of the building permits. Although these are original permits and not renewal permits the sewer, streets, and sidewalks are in and another provision is that the park dedi- cation, which has been overdue in that area, would be made by the Kissell Company as soon as it takes legal title to the park land which would be, in all probability, not later than mid- May. Another aspect of the agreement would be to credit the Kissell Com- pany with interest at 7% per year from the time the initial build- ing fees were paid to the City but which have not been refunded to the Kissell organization or to the original developer even though the City cancelled those permits. Further, it would be a possibility to ask that the Kissell organization pay interest on any fees which are overdue to the City as a result of this project and would be a rather minimal amount. There are some minor additional matters requiring the payment of the unpaid inspection fees totaling $lS,OOO, the provision of a cash bond for street trees totaling $3,075, the reparation of the damaged brick fence and the replacement of a tree well cover that is broken - all of this would have to be reduced to a resolution of the Council and the exact dollars and cents would need to be calcu- lated and of course that could be done after the Council makes its decision. The Council then discussed the terms agreed upon as outlined by the City Attorney with his explanation of these items. There was some question regarding the funds involved and the City Attorney explained that we have held $19S,000, after cancellation of some of these permits, for a period of approximately two years and it is proposed that we would credit the Kissell organization with the value of that interest during the time the City has held the funds. He stated that he would assume the City has earned at least 7% on these funds and this is the amount of interest that will be credited to them. Councilmember Futch stated that in order to get a motion on the floor he would move approval, in accordance with the recommendation of the City Attorney, seconded by Councilmember Turner. Councilmember Turner wondered if the 7% interest should be con- sidered from the time of cancellation rather than from the incep- tion, in that we don't do this for any other builder, and the City Attorney felt that this was aperfectly fair suggestion - the fee should be calculated only for the period during which the City had the beneficial use of the money. Councilmember Miller moved to amend the motion to delete the 32 building permits (the original permits) from consideration at this time and explained that the reason for doing this is because CM-2S-l4 March 18, 1974 (Tract 2619 - Kissell Mortgage Company) ( there exists approximately 50 building permits in the City by our water ordinance that remain for development and this would give all of the building permits to Kissell which he felt is an unreason- able number to grant to Kissell at this time. By the time they build out the 104 units it is conceivable that the water problem will be eased or there will be other options open but these are new permits that have never been applied for and there is no history on the 32 lots and he felt it would be gossly unfair to the other parcels in the City. Motion was seconded by Mayor Pritchard. Councilmember Tirsell stated that she would like to know how many permits are available, as it is her understanding that there were considerably more than the 50 mentioned by Councilmember Miller. The City Manager replied that he is not sure that the credit and debit tally mentioned by Councilmember Miller regarding the number of permits taken by Mehran and the OGO development and the number which remains is exactly true and that there is a possibility that Tract 2619 was calculated earlier in the tabulations. Mr. Street of the Building Department explained that the 105 units were tabulated as part of the 1,500 initially rationed and also that the 32 units were applied for by Reliance but the 1,500 limit had been reached so they could not obtain them. Councilmember Miller stated that he understands that all but the 32 units were counted but there are only 53 permits available and it does not appear to be reasonable that Kissell should take 32 of them. Councilmember Tirsell stated these are clearly new permits and asked the City Attorney to speak to that, and Mr. Wharton stated that merely applying for them does not give the applicant any vested rights. They are treated as entirely new building permits. Mrs. Mondon , 5873 Singing Hills, stated they would appreciate if the Council would allow these permits to be issued if it would help Kissell put in what should be put in as it might also help them to get some shopping facilities out there, especially since so many permits were granted to Mr. Mehran. Mayor Pritchard felt Mrs. Mondon's point was well taken, even though some of the Councilmembers did not wish to see them issued. ( Dewey Watson, representative of the Kissell Company, stated for the benefit of the new councilmembers he felt he should elaborate on the 32 permits and tie them into the 104 and 69. The Kissell Co. has invested $2~ million in the subdivision which includes work on the improvements on the l04 units and for the 32 which have not shown any return to the present. They have already paid approximately $200,000 for permits already on the 104, and they have been asked by the City to pay an additional $153,000, or around $3,600 per lot, which additional cost per lot considering they are not $40,000 or $50,000 houses, but were originally to sell for $20,000-$25,000, and now they will be up around $30,000 to $35,000 if they are able to obtain approval. The Kissell Company is willing to take the chance, however they must receive some assurance they can build out all of the units. If they are given only the 69 permits and they are re- quired to build them with the investment they now have in for the improvements on the other 136, they will be losing some $l~ million. In order to regain some of their investment, they must have the 104 and the 32 which could make the whole project worthwhile, economically. The Kissell Company is in the position and can just walk away from the project if it is made uneconomical. CM-28-l5 March 18, 1974 (Tract 2619 - Kissell Mortgage Company) Mr. Watson continued to say that originally the Kissell Company came to Mr. Parness and Mr. Wharton with a proposal that the Kissell Company would pay the additional $800 school fee on the 104 lots and it would then request, from the Council, a freeze on the City fees, effective of the date that the original permits were taken out (April 1972). This would mean that they would have paid $800 and received a credit of about $550 per unit. Dur- ing these negotiations it was agreed that the Kissell Company would try to succeed by using the higher building permit fee at the time they make the proposal before the Council. He pointed out that if it is necessary for them to have to make further concessions it just may be the straw that breaks the camel's back of this project leaving the 69 units uncompleted or make it necessary for the City to demolish the partially constructed units. He emphasized that if they do not have assurance that all of the units can be con- structed the Kissell Company will not even try to get the project started and urged that the project be considered in total. Councilmember Futch wondered if it might be possible to avoid some of the City's problems concerning the present moratorium by agreeing not to issue the 32 permits until after the moratorium has been lifted and Mr. Watson stated that this would be perfectly satisfactory with the Kissell Company, and Councilmember Miller explained that this is exactly what his amendment to the motion is saying, and Councilmember Futch felt that the amendment should say that the Council will recognize these 32 units at the end of the moratorium and Councilmember Miller stated that in this case the amendment he made is different than the consideration Council- member Futch just mentioned. Mayor Pritchard wondered what this would mean if there are no per- mits available and Councilmember Futch stated that he is suggesting that the 32 permits be set aside but be issued after the moratorium so as to guarantee that they are available. It was Councilmember Miller's opinion that the City would be open to a law suit from everyone else north of the highway saying that they should receive the remainder of the permits because they are all covered in exactly the same way, by the moratorium ordinance. The City Attorney felt that the distinguiShing characteristics in this instance would be the fact that it is part of a comprehensive decision with respect to the entire development, and any legal plausibility would be based on the fact that the City is making a single decision with respect to an entire problem area. He commented that he feels some concern with the reservation of these permits and that this would be a speculative decision; however if this is con- sidered as a unit it is less likely that a precedent will be set which would ever exist again in which there are partially completed structures and a major investment involved which must either be saved or abandoned. viewing this as a unitary transaction may make it a unique transaction and give us some legal protection. Councilmember Futch felt that the Kissell Company has been very fair during the negotiations and it would appear that they are doing all they can to cooperate with the fees and that the City really should make some attempt to solve this problem, and the Mayor pointed out that it would appear that the problem is one of legality, and suggested that perhaps it would be better to state what the Council's intention is in the matter and the City Attorney agreed that this might really be the best course of action to take and to say that the City is willing to do everything it can to see that they are issued the permits. He explained that he would not CM-28-l6 March 18, 1974 (Tract 2619 - Kissell Mortgage Company) suggest the Council violate any other City ordinance in order to issue these permits and if it were legally impossible to do it he would not counsel in favor of it but would suggest that the City say that at the time Kissell makes application for the permits the City will cooperate to the legal extent possible. Councilmember Miller felt it would not be reasonable for the City to guarantee the 32 permits for Kissell and the Council might wish to do something else about amending the moratorium or whatever is neces- sary to make this possible but at present he felt there is no way this can be guaranteed. Mayor Pritchard explained that what the City Attorney was suggesting and what he had in mind was that the City would state that it would do nothing in violation of our ordinances which should be sufficient protection. Councilmember Futch stated that in his op1n10n there will be no prob- lem for Kissell at the time they wish to obtain permits; however, they want assurance at this time and this is the problem. Councilmember Miller stated that he is perfectly willing, in the interest of expediting business, to change the wording of the motion as long as there is not commitment to reserve these permits. Councilmember Turner pointed out that even though a unique problem does exist he feels that the City has no way to reserve the permits in addition to the fact that in his opinion the end of the moratorium will not mean an open door to building permits. He felt that he would not be able to say more than at the time Kissell applies for permits every consideration will be given them because of the problem in the Bevilacqua tract. Councilmember Futch commented that it appears to be the unanimous opinion of the Council that it is willing to cooperate with Kissell Company and would like to delete any reservation of the 32 building permits from tonights consideration and that when Kissell does come in for permits every effort will be made within the City's power to expedite their receipt of the building permits and the second agreed to this amendment. Mr. Parness commented that it is his understanding that there should be an insert with regard to the subject 32 units whereby this declara- tion of intent would be spelled out and be a part of the contractu- ral document and subject to the Council's formal and final review which the Council stated is true and Mr. Watson replied would be acceptable; however, he cannot agree to any modification of the agreement as it would have to be adopted by the Board of Directors in Ohio and he would like to obtain such a document for them to sign. At this time the Council voted unanimously to adopt the amendment. The main motion also passed by unanimous vote. r REPORT RE CHURCH CONSTRUCTION AT PORTOLA AVE. & NO. LIVERMORE AVENUE The matter of an application for construction of a church at the corner of portola Avenue and North Livermore Avenue was discussed CM-28-l7 --"~.~-~._......_..__......_..._-_.._."._-_._,,---------,"~._'--'-"'--'-"'-""_. March IS, 1974 (Church Construction - portola Ave. & No. Livermore Ave.) at the last meeting at which time tentative approval was given for the construction subject to negotiations with regard to improvements (fence construction) scheduled as a condition of Tract 332l (Mehran's development). Mr. Lee reported that in summary the recommendation is that the church should be allowed to develop facing internally and that the Council allow access from the major street, portola Avenue, so as to keep the majority of the traffic on the major street but sufficiently away from the intersection at North Livermore Avenue so as to alleviate congestion at this intersection which will also allow left hand turns onto the church site. This would appear to be an excellent solution to the problem of the corner and will take care of the backing lot treatment and will be very acceptable from an aesthetic viewpoint. Councilmember Tirsell moved to adopt the recommendation of the Public Works Director, seconded by Councilmember Turner. Councilmember Tirsell stated that she would like to see a break in the wall with some green area visible from the street which would be a relief from the long wall along portola Avenue. Mr. Musso felt that a church should not be located behind a wall, as this is a community function and not a neighborhood facility and should be oriented toward the community. The Council then discussed the possibility of providing a four foot high fence rather than the usual six foot fence, and Mr. Lee stated that this is a possibility and if the architect knows what height the fence will be he can design the structure aesthetically pleasing with the major features within view and compatible with the wall - either way, it can be done properly. Bob Martin, 536 Olivina, representative of the church stated that he has spoken with Mr. Lee and agrees that it might be best to have the six foot high fence while they are in the development stage but looked at it with mixed emotions. After the site is fully developed, and all the buildings are in possibly they could get permission to modify the fence as far as height is concerned. Councilmember Futch commented that he would like to amend the motion to drop the height of the fence to four feet which might be a pleasing variation to the standard backing lot treatment on portola Avenue and allow more greenery to show, seconded by Council- member Tirsell. The Council then discussed the possibility of the four foot high fence and as to whether or not this would be aesthetically pleas- ing being contiguous to the present 6 foot fence and Mr. Lee explained that this is done in other areas and looks fine and Councilmember Futch commented that perhaps it could be decreased gradually. Mr. Martin commented that one of the main concerns of the church people is that Mr. Mehran is not prevented from developing on a normal schedule while these negotiations are taking place. Councilman Futch added to the amendment that Mr. Lee be direc- ted to work out the most agreeable height with the church people, seconded by Councilmember Tirsell. Mr. Martin added that the church people would like to arrange for some type of guarantee that in the event the church is not develop- ed for one reason or another that they would put in the sidewalk and fence in the area Mr. Mehran is leaving open for access. CM-28-lS March 18, 1974 (Church Construction - Portola Ave.-No. Livermore Ave At this time the amendment to the motion passed unanimously and was followed by unanimous adoption of the main motion. REPORT RE ANNEXATION OF PORTOLA AREA (Ander- son Property) A progress report regarding the planning study for annexation of the portola Avenue area (Anderson property) was noted for filing. REPORT RE PROJECT APPROVAL PROCEDURE A report regarding the procedure of the approval of a project from its inception to its final approval was submitted to the City Council, at its request, and was noted for filing. REPORT RE ANNEXATION OF PROPERTY ON ALDEN LANE (Baker Assoc.) Mr. Musso reported that the Planning Commission discussed the referral from the City Council, the request of Baker Associates (James C. Maxwell) for annexation of property located on the south side of Alden Lane and it was felt that annexation at this time might be a disadvantage to the property owner to be in the City and not be able to develop for a year or possibly longer and would recom- mend that annexation not take place at this time and that the property owner be sent a copy of the City's adopted Housing Element for edification as to the City's orderly development criteria. Councilmember Futch moved to adopt the Planning Commission's recom- menda~ion, seconded by Councilmember Tirsell. Prior to the vote the Council discussed the possibility raised by Councilmember Miller that this land could be annexed to the City and then protected for agricultural purposes by the Williamson Act Preserve, with Mr. ~1usso explaining that the property owner is not interested in maintaining this property as agricultural but would like to develop. Councilmember Futch stated that he would like to amend the motion to direct the staff to go back to the property owner to see if he would like to pursue annexation, in addition to contacting other property owners who wish to enter into it, and if so, refer the matter back to the Planning Commission, seconded by Councilmember Tirsell, and which passed by unanimous vote. DATE SET FOR HEARING RE ARROYO ANNEX NO. 3 (' \ "'-. On motion of Councilmember Futch, seconded by Councilmember Miller, and by unanimous vote, the hearing regarding rezoning of property recently annexed to the City (Arroyo Annex No.3) was scheduled for April 15th. P. C. MINUTES FOR FEBRUARY 26th The minutes for the Planning Commission's meeting of February 26th were noted for filing. CM-28-l9 ,.,.- --'~-----------'----'--~--'--- ------~,---_. " '-'--"--~-'._''''_____''+'''_'_''_"'''_'',_~_,"__,,___,.m~.",..^ March lS, 1974 REPORT RE MUNICIPAL REPORT PROGRAM The City Manager reported that the Tri-Valley News recently announced its forthcoming bicentennial publication for May 19th and solicited advertisement from our City and that the intent was overlooked which is that the program invites the City to produce a "Municipal Report" covering the City's departmental operations, programs, accomplishments and forecasted projects. We would be responsible for preparing the captions, statistics and photographic subjects with the newspaper providing the layout and photography. The cost for the tabloid size would be $700 per page and estimated that three pages would suffice. This municipal report insert would be distributed as a part of the bicentennial edition on May 19th and also in the shopping news so that all properties are served and it is recommended that the Council adopt a motion authorizing our City's participation in the program estimated at a cost of $2,lOO. The City Manager stated that it was pointed out by a member of the news media that some of the information he has given the Council is incorrect and that this program is not on behalf of the Tri-Valley News but rather the Tri-Valley Herald, they are not celebrating a bicentennial but a centennial and the cost per page is correct but the tabloids come only in multiples of four so the cost would be for four pages, which would be a total cost of $2,SOO. Also this would be an insert in the Tri-Valley News and not the shopping news. He explained that this has been done in the past and has been proven to be very valuable and that it is worth consideration on the basis of information which will be available to the entire citizenry as an education- al tool and public relations tool thereafter. Councilmember Miller moved that the Council decline the recommenda- tion of the City Manager explaining that while he respects the City Manager's interest in trying to establish some type of bro- chure he felt that one could be done for the City at considerably less money. He felt that this is not a wise expenditure of the City's money when it is for the purpose of providing public relations material and that there are more pressing needs throughout the City for the use of this money. The motion to decline was seconded by Councilmember Futch for discussion purposes. Councilmember Futch wondered if it would be possible to accomplish something like this by going out to bid and Mr. Parness stated that this may be possible but would guess the other newspaper would not be able to produce an insert such as this, and if they were to do it he is not sure that the same coverage would be made. He felt that it would be important to get the material to as many homes as possible and has been told that by this method previously mentioned, that there would be virtually lOO% coverage. These comments were followed by discussion regarding the pros and cons of the project and whether or not it would be justified to spend money for such a project. Mayor Pritchard felt that this appears to be a very large expendi- ture and that in his opinion people do not pay that much attention to newspaper inserts. Councilmember Turner called for the question and the motion passed by a unanimous vote of the Council. CM-2S-20 March IS, 1974 REPORT RE ASSEMBLY CONSTITUTIONAL AMENDMENT 90 c The City Manager reported that at the request of the Council the legislative matter relating to the restriction of a homeowner's assessed value increase was placed on the agenda for discussion and resolution of a position; however, this bill was killed in the Assembly and no action is necessary. REPORT RE PROPERTY PURCHASE OF 5.55 ACRES FOR SLUDGE LAGOON The City Manager reported that the water reclamation plant modifi- cations require the addition of 5.55 acres abutting for sludge lagoon purposes. The property has been appraised and negotiations conducted with the owner for its purchase and a settlement has been reached for a purchase price of $46,000 which is approximately 5% higher than the appraised value. It is recommended that the Council adopt a motion authorizing the purchase. It was mentioned that the federal grant will be paying for SO% of this cost. On motion of Councilmember Tirsell, seconded by Councilmember Futch and by unanimous approval the recommendation was adopted. REPORT RE REQUEST TO HAVE SOUTH "Q" STREET PORTION VACATED The City Attorney reported that the legal status of South "Q" Street extending north from First Street to its terminus near the Southern Pacific Railroad right-Of-way (adjacent to the Safeway property) has been the subject of extensive title research for the past two years and Southern Pacific Development Company has requested that the street be vacated because it will be absorbed within the proposed commercial development. If the street is vacated the City's rights will be cleared but the applicants may have to resolve the matter of reversionary rights of the abutting private ownerships if desired. It is recommended that the Council adopt a resolution declaring the City's intention to abandon South "Q" Street and setting a hearing at a later time so that the area may be posted and the resolution published. On motion of Councilmember Turner, seconded by r1ayor Pritchard and by unanimous vote, the City Attorney's recommendation to adopt a resolution declaring the intention to abandon the street and to set the matter for a public hearing was adopted. RESOLUTION NO. 39-74 ~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LlVER~ORE DECLARING ITS INTENTION TO CLOSE UP AND ABANDON ALL THAT PORTION OF SOUTH Q STREET IN THE CITY OF LIVERMORE, AS SAID PORTION OF SAID STREET IS PARTICULARLY DESCRIBED IN THIS RESOLUTION. Councilman Miller asked the City Attorney if the City could decide not to vacate or abandon the property after the public hearing and was told they could. Councilman Miller also asked how much property is actually involved, as he felt the City should not abandon any property, as property has value, although in this instance he was not sure if the City actually had title to the property. CM-2S-21 --"--'-_._._~'-"...__._~~.._'--~--,---~--"-~-~---________""'_"_.',_,',,'...___'_n_.,n..._ March 18, 1974 ~ J ~~C:::::o:fs::~e: ::~: the parcel is ~41 X 80~ot: 19,520 square feet, and he continued that since ~2~~lifornia statute states that abutting property owners have an ownership right which extends to the center of the street, which is a rebuttable presumption. What would be required to establish an interest of the City in this pro- perty is to see whether between l869 and l872 we had any interest which was not extinguished by subsequent ownership of the land. It is presently owned according to the current title report, 50% by the abutting Safeway property and 50% by the abutting Longs' Drug property. Mr. Wharton stated it would be very difficult to trace our interest through 100 years of transactions, and he felt it would be to the City's best interest to allow the commercial development of the land as intended by the present record owners. Councilman Miller stated it was his idea that if the original tract map filed by Mr. Mendenhall in l869, it might indicate that he had dedicated the streets to the City, and if it showed an ownership to the City, perhaps it could be followed through; otherwise it would be a waste of time and effort. REPORT RE POSSIBLE LITIGATION EPA INDIRECT SOURCES REGULATIONS The City Attorney explained that the u.s. Environmental Protection Agency has recently issued regulations controlling the construction of facilities which generate indirect sources of pollution such as shopping centers, colleges, government facilities, or any facilities that would cause a major grouping of motor vehicles. The regula- tions are typical of the EPA's California Transportation Control Plan which are next to impossible of reasonable implementation. The first steps of this were resisted through petitioning of the court for a stay in their implementation, an action which was undertaken by better than 200 California cities including Livermore. This is a related action which the City Attorneys and certain County Counsel are discussing as a cooperative enterprise, If they feel it likely to petition the federal court they can do so on a joint basis and minimize the legal research and cost to nothing more than the filing fee and pursue it after the petition is filed. It does not commit the City to litigate anything, but merely asks the court to consider whether the standards have been adopted, taking into account that the executive branch may be preempting legislative proragative that belongs to the Congress. Mr. Wharton stated he needed the Council's direction as to whether, after reviewing it, they would authorize our participation. Councilman Futch stated he would like to know what EPA's proposals are regarding indirect sources, and Mr. Wharton stated these are regulations promulgated February l5, and he would be glad to furnish the councilmembers with a copy of them. Councilman Futch moved that they approve the City Attorney's request to participate in the discussion of the problem, and to join in the petition; seconded by Councilmember Tirsell. Mr. Wharton stated he would furnish a copy of the regulations, and we could always withdraw our participation, if for some reason the Council feels that it is ill advised, but they would not be able after the deadline date at the end of this week to file. Councilmember Miller stated he has reservations about joining with other cities, as he felt that there are many cities that do not care about the goal of the Environmental Quality Act or EPA's goal, and CM-28-22 Harch 18, 1974 (EPA Indirect Sources Regulations) ( I \ their attempt is to block any attempt to try to improve air quality if it effects them in some way they don't like. He is concerned that all they do is keep putting back those times when they can do some- thing significant about improving our air quality. A vote was taken on the motion at this time and it passed unanimously. REPORT RE CARNEGIE BUILDING Occupancy The item regarding the occupancy of the Carnegie Building was removed from the Consent Calendar for discussion at this time. The valley youth program is occupying a portion of the upper floor of the build- ing, and the balance is available for other public or civic use. Councilmember Tirsell stated that Janet Newton of the Heritage Guild had asked that this item be postponed until a time their committee members might be present when it is discussed. Mr. Parness stated he had talked with Mrs. Newton and explained arrangements are being made for the occupancy of the building in accordance with Council directives issued about three years ago, however she insisted on being present as the historical society would like to occupy the whole building. On motion of Councilmember Tirsell, seconded by Councilmember Miller, and by unanimous approval, the item was continued until the next regular meeting. PROJECT APPROVALS Councilmember Turner stated he had some comments to make regarding a report submitted by the Director of Planning regarding project approvals, however the item was noted for filing before he had an opportunity to say anything. The report indicated that the Council had requested copies of building permits for industrial developments to be submitted in the Council agenda, and was not sure of the reason for the request but felt it was to allow the Councilmembers to review industrial applications. Councilmember Turner stated he would prefer to have a weekly log on all industrial applications, whether verbal or written, as a part of the regular agenda and the log should also contain progress reports and if there is no action within a certain period of time, it would be removed from the log. If the application is withdrawn, the Planning Director should determine the reason, and relay this to the Council as he felt this would be of some value in determining the reasons this City is not penetrating the industrial market as he felt it should. (' Mr. Parness explained that the practicality of the matter is we can get contacts from industrial inquirers for a variety of sources and in different guises as they not only come to the Planning Departmnt but also to his office as well as the Finance Department and other departments and it is extremely difficult at times to know the reason one might be dropped or become inactive or the progress or status of any of them. He felt it was difficult to gather this information, and did not feel it could be done with any meaningfulness on a weekly basis. The departments are asked to refer all industrial clients to his office for initial consultation in an effort to try to answer their questions and problems. Councilmember Futch stated if a weekly report could not be made, that a monthly report be submitted, and Mr. Parness replied the staff would try to prepare such a report, which might be meaningful. CM-28-23 ".,- ..--.'---.----.-------_._._._,.....___.__......__ _ _"_'_.N__~__,"".._,.,___.~.__....~__"... ...__.,_,_,._.~___.__. March 18, 1974 (project Approvals) Councilmember Tirsell stated perhaps they should have a staff proposal on how to really efficiently process an application as the applicant might talk to different people and get conflicting fee schedules as she has heard this several different times. Mr. Musso pointed out that by the time an application is filed, they have accumulated all the necessary information and admittedly although they have talked to several departments in the process of gathering the information, it is possible that they may have some conflicting information. Councilmember Tirsell felt that one person should handle the applica- tion completely even if it meant walking that person through to the various departments, especially if it was a "hot" prospect. Mr. Parness assured Councilmember Tirsell that the staff tries very hard to do that, and also they try very hard to make sure that a "hot" industrial prospect is given valid, reliable, thorough informa- tion, but there is no system that is foolproof. A new small type of informational brochure is in the process of being printed, which was primarily done at the instigation of Councilman Miller, which he hoped would help to some extent. MATTERS INITIATED BY STAFF (Industrial Rezoning-Las positas Road) Mr. Musso advised that there will be a public hearing on April 4 before the Board of Supervisors on the industrial rezoning on Las positas Road, and suggested that there be some Council representa- tion. Councilmernber Tirsell was asked to attend this meeting. (P.H. - Regional Water Control Board) Mr. Parness advised that there is to be a public hearing before the Regional Water Quality Control Board, and the action they are being asked to take is almost unbelievable to him in its content, and the notice has come too late to do much, however the City will have a representative at the hearing in Hayward and the City Attorney has been asked to check into some of the legal aspects, and he hoped that the City Council would have one or two formal delegates to the Water Management Agency who can also attend, to try to counteract the action that is being advanced by the staff. If nothing else, just ask to have the matter postponed to allow time to analyze the matter. Councilmember Futch stated that he and Councilmember Miller would try to attend the meeting. (Meeting re Gasoline Regulations) Mr. Parness advised that the County Board of Supervisors was holding a meeting to consider the odd-even gas regulations and he asked the Council if they had any problems. Mayor Pritchard remarked that he thought the lines were much shorter and Councilmember Futch agreed. MATTERS INITIATED BY COUNCIL (Appointments to be Made) Councilman Futch stated that the Water Management Committee is very anxious to have regular members appointed in order that they might appoint officers, and conduct regular meetings. He asked that they make these appointments, and was advised there would be an executive session to make these and other appointments. CM-28-24 March 18, 1974 (Truck Parking) Councilmember Miller stated he had noticed a large number of trucks parked on Portola Avenue over the weekend, and similarly on Stanley Blvd.and even though it was his understanding that the Police Depart- ment was supposed to curtail this, he did not see any tickets on any of these trucks. ( \ Mr. Parness stated he would discuss this with the Police Department. (Planning Commission Appl. Councilmember Futch asked that the papers be notified to place an article in the paper with regard to applications being received for Planning Commission. The City Attorney reminded the Council that if the press is to be encouraged to print they are seeking Planning Commissioners, they should clearly indicate that the appointees are subject to the disclosure of assets law and must file their papers ten days before they take office, so that the timing of the appointments should also take that into account. Councilmember Miller suggested that they also set a deadline date for receiving applications, perhaps by 5 p.m. April I, to which the Council agreed. (Public Hearing re Gelder,":,1 town) Mayor Pritchard stated that they had asked the Board of Supervisors to hold their public hearing re Geldertown in Livermore and the City Manager has received an acknowledgment stating the matter will probably not come before them before September or October. He suggested that the Council submit the request again shortly before the matter comes before them and wondered if we would be informed of the time, and Mr. Parness assured him that we would be. (Change in Council Meeting Schedule) Mayor Pritchard stated that the staff has asked that the Council consider meeting every other week at which time there would be a large concentrated agenda. Mr. Parness added there is a tendency that some cities are working towards to have a meeting every other week. This would give a little more staff time for more adequate preparation of agenda items. He would like to prepare some rationale for it in and submit it to them in the next two or three weeks for Council consideration, and they could try it for a month or two, and the Council agreed to look at it. ADJOURNMENT ATTEST There being no further business to come before the Council, meeting was adjourned at 12:10 a.m. to an executive session ::::::r counCil;;;t:;s to ~ conunittees. (~L. . /- - ~, ~ ; ~re; cai1fornia the to (' CM-28-25 Regular Meeting of March 25, 1974 A regular meeting of the City Council was held on March 25, 1974, 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: Councilmembers Futch, Miller, Tirsell, Turner and Mayor Pritchard PLEDGE OF ALLEGIANCE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES OF 3-l2-74 There being no additions or corrections to the minutes for the adjourned regular meeting of March 12, 1974, on motion of Council- member Miller, seconded by Councilmember Turner and by unanimous vote the minutes were approved as submitted. CONSENT CALENDAR Notification of Hearing re Bus Loading Facility A notice of a public hearing has been received regarding a proposed parking and bus loading facility to be located northwest of the inter- section of Dublin Boulevard and San Ramon Road in the Dublin area of Alameda County which has been set for Tuesday, April 23rd at 7:30 p.m. at the Shannon Park Community Center in Dublin. LAFCO Resolution re Reg. Water. Qual. Control Board The LAFCO resolution regarding procedures assuring cooperation with the Regional Water Quality Control Board was submitted to the Council for informational purposes. Resolution Annexing Max Baer Park LAFCO has informed the City that it may proceed with annexation of Max Baer Park, the map and description have been approved and a favorable report has been received from the Planning Commission. RESOLUTION NO. 40-74 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "MAX BAER PARK ANNEX" TO THE CITY OF LIVERMORE PURSUANT TO THE "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939" AND SECTION 35015 OF THE GOVERNMENT CODE. Resolution Denying Claim of PT&T RESOLUTION NO. 41-74 A RESOLUTION DENYING THE CLAIM OF PACIFIC TELEPHONE AND TELEGRAPH CO. CM-28-26 March 25, 1974 Res. Appointing Member to Design Review Comm. RESOLUTION NO. 42-74 ;- ~ APPOINTMENT OF MEMBER TO THE DESIGN REVIEW COMHITTEE (Robert Wendt) Res. Auth. Exec. of Contract Amendment re Youth Service Center The youth service center contract needs to be amended to extend the contract dates and to permit budgetary amounts which were reserved for rental to be expended for other purposes for the balance of this fiscal year. RESOLUTION NO. 43-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Criminal Justice Planning Board) Committee Minutes Minutes were received from committees, as follows: Air Pollution Study Committee - February 27th meeting Airport Advisory Committee - March 4th meeting APPROVAL OF CONSENT CALENDAR On motion of Councilmember Tirsell, seconded by Councilmember Turner and by unanimous vote, the Consent Calendar was approved with the deletion of the item regarding the sludge production report and also the report with respect to conservation of energy in buildings. COMMUNICATION FROM BIKEWAYS ASSN. TO CTY. The copy of the communication from the Livermore Bikeways Association which was sent to the Alameda County Public Works Department was noted for filing. Councilmember Tirsell wondered if it would be possible to emphasize to the County, our concern regarding the two-way bike trails. She pointed out that all such bike trails have been deleted from the map which will be coming to the Council from the Planning Commission. Councilmember Turner commented that he feels there should be a speed limit of 25 mph along East Avenue because of the bike trail and also due to the number of children going to and from school. Mr. Parness responded by saying that the County Public Works Department was contacted regarding these concerns and they responded by saying (. that due to the lack of warrants a reduction of the speed limit was ( not feasible but are keeping this area under surveillance. Unfor- tunately this is under their jurisdiction and the City can do nothing about the speed limit. The only recourse the City has is to keep writing letters to the County asking that the speed limit be changed. CM-28-27 March 25, 1974 (re East Avenue Speed Limit) The staff was directed to send a letter to the County reiterating the concerns of the Council regarding speed on East Avenue. COMMUNICATION FROM HERITAGE GUILD RE USE OF CARNEGIE BLDG. A letter was received from the Livermore Heritage Guild requesting the assistance of the City in establishing a Historic Resource Center in the Carnegie Building which is now owned by the City. Mayor Pritchard wondered if this building is once again the property of the City and the City Manager explained that it is not. In May of 1967 LARPD was given management and operation rights and at that time it was specified that the upper floor should be occu- pied by the Livermore Art Association and the historical organization active at the time and to be used for civic purposes. He then read the terms of the agreement to the Council. Mr. Parness com- mented that he feels the Livermore Heritage Guild can be assumed to be the successor institution of the Livermore Historical Society. A staff meeting has been held to discuss this topic and it was his understanding that the youth services program and the Historical society would use the upper floor, as well as the Livermore Art Association, and the staff has recommended that a motion be adopted approving allocation of space assignments for these groups. Mayor Pritchard questioned as to what action is necessary and the City Manager explained that the reason this is before the Council is because of the letter written by the Livermore Heritage Guild reiterating its interest in occupying a portion of the upper floor and in time to occupy the entire building as a historical institution. Roger Brown, 1154 Tesla Road, representative of the Livermore Heritage Guild, stated that they would hope to receive some backing from the Council for a museum in Livermore - a Historic Resource Center for use by the schools and citizens of Livermore. He explained that it is necessary to receive the backing of the Council in order to take advantage of funds which are available only to organiza- tions backed by a government body which can be used for buildings and centers. Janet Newton, 2l3l Chateau Place, commented that the Carnegie Build- ing would be quite suitable for the needs of a museum whereas it would not be suitable for many other organizations and felt that a fine research center could be established in the building. She urged that the Council give backing to a facility the community could be proud of. She felt that the proposal to divide it up is causing negligible value of its use and that the Livermore Heritage Guild would use it to its fullest extent. She pointed out that this was the purpose of their letter. In answer to questions regarding the occupancy of the youth service program (Horizons) Mr. Parness explained that they are conducting a full time operations business at this locality which appears to be a very valuable public service but does not consider these quar- ters to be permanent in nature. He stated that the City would pre- fer that this service be located elsewhere - a location that would be more amenable to the use but during a six month search for space it was found that there is no place for them and this appears to satisfy their needs quite adequately. CM-28-28 March 25, 1974 (re Carnegie Building) Jean Pefley, President of the Livermore Art Association, reported that they were offered the building in 1967 and were ready to go into it then but did not because the Livermore Historical Society could not decide whether or not they would like to use it and since LARPD needed more office space it was vacated. They are ready to open a full scale gallery at this time and they have the necessary funds to accomplish this with the hope that they will soon open. Councilmember Tirsell asked if there is a possibility that the Art Association would expand and also desire use of the entire building and Mrs. Pefley stated that she would tend to view this as a permanent location for them because it is in the center of town and even though another site such as Ravenswood might offer more room the location of this building is a big advantage. Councilmember Tirsell stated that she sees a potential problem in that there are two groups who may wish to occupy the entire building in the future. Mayor Pritchard commented about the possibility of using the lower floor and the City Manager explained that people are waiting in line tQ make use of the two rooms located downstairs and that they are us~d constantly both night and day and LAPRD feels very strongly about not committing the downstairs to a particular use. Muriel Doggett, 1318 North "P" Street, stated that inevitably expansion will be necessary, perhaps in 20 years, for both the Art Association and the Historical Society and it is natural that they would both want to use the entire building; however, she pointed out that the old library located in Modesto has allowed a museum on the upper floor with the art gallery located on the lower floor and perhaps when LARPD obtains more meeting rooms Livermore could adopt the same type of arrangement. Mayor Pritchard stated that since LARPD has the lease, is there any action that should be taken by the Council and Mr. Parness explained that the only action would be to recognize the Livermore Heritage Guild for possible eventual sponsorship for a national grant that they are thinking of applying for. On motion of Councilmember Tirsell, seconded by Councilmember Futch and by unanimous vote, the Council agreed to officially recognize the Livermore Heritage Guild and its endeavors, and act as official sponsor in applying for grants. Prior to the vote Councilmember Miller stated that the building belongs to the City but the lease is with LARPD which can be revoked at any time and felt the wording "we recognize the Heritage Guild as a successor to the Historical Society" be included in the motion which was agreed to by the motion and the second. CONTINUED DISCUSSION RE JUDSON PROPERTY REZONING APPLICATION /- Mayor Pritchard noted that the applicant for the rezoning of the Judson property has requested that the continued discussion be scheduled for this meeting, in error; therefore the Council will take no action. Councilmember Tirsell pointed out that the Planning Commission had recommended that the arroyo seco would receive trailways of ISO ft. average which the Council adopted and if this is the case it would seem that the access being talked about is a very moot point. CM-28-29 March 25, 1974 (re Judson Property) Mr. Lee responded by saying that it is very possible that in order to arrive at this width the area being discussed for use of a driveway would have to be encroached upon. However, studies have not been done on it. Councilman Futch felt that the Council should receive better drawings of the area and Mr. Lee explained that these are copies provided by the flood control people and it was suggested that the applicant's attorney be notified of this request.~. One of the objections raised was that it was hard to ascertain where the streets were, where the channel begins and ends and if this is not resolved the issue will remain deadlocked. -_..-" With respect to the comment made by Councilmember Tirsell about the widening of the arroyo, Councilmember Miller felt it is not justified to "dump" all the arroyo widening on somebody else's property and asked the Public Works Director to consider ways this can be divided equally. Mr. Lee explained that the applicant has asked for a continuance in order to work on a better proposal and Councilmember Miller felt it was important for the records to indicate that the con- tinuance is a request of the applicant as this is a zoning matter. If the Council does not have the permission of the appli- cant or does not request a continuance it should be noted that the Council is ~ legally bound tq take action within a certain time periOd~~";FtT' ..r~ ~7 ~/ft;Jc On motion of Councilmember Miller, seconded by Councilmember ~ Turner and by unanimous vote, the Judson property rezoning application decision was continued pending notification by the applicant. REQUEST FOR CROSSING GUARD AT 6th & SO. LIVERMORE AVENUE It was noted that a petition was presented to the Council ask- ing that a crossing guard be stationed at 6th and South Livermore Avenue as well as the installation of a stop sign on Livermore Avenue which was followed by a report by the Public Works Dir- ector on the matter. Mr. Lee recommended that there be no crossing guard at this time and that the volume of traffic does not warrant a stop sign. A letter from the Chief of Police regarding the situation at the intersection was also presented to the Council for informa- tion and Councilman Miller moved to adopt the recommendation of the Public Works Director and the Chief of Police. Councilmember Turner suggested that the staff be directed to personally contact the person who originated the petition to ex- plain the circumstances and the reason no guard is recommended at this time. The motion passed by unanimous vote. REPORT RE TRACK RELOCATION PROJECT ('\ Mr. Parness explained the status of the railroad track relocation project and explained that the City had proposed a formula reqard- ing share of cost for the project so that Southern Pacific would pay 21% and Western Pacific 79% which he explained. This cost split was contested and has been awaiting a decision by the PUC which has taken six months. The decision was that there should be a 50-50 cost split which was followed by an appeal by Southern CM-28-30 c ( I I , March 25, 1974 (re Track Relocation) Pacific for a rehearing which Mr. Parness explained would have taken time the City did not have. In order to circumvent this time delay the City Attorney filed an application for the issuance of an interim order on which the PUC could have acted by giving the City a temporary permit to proceed providing that the 10% contribution was placed in escrow by the City, to be reimbursed by the railroad companies later. The City has been negotiating with each company and is trying to have the PUC order modified to state that the division of the cost would be proportionate as agreed upon by the parties. He stated that the PUC staff has expressed no contention with this request but has indicated that such a change will take considerable time. We have, therefore, requested that they handcarry the matter through the PUC and have indicated that they will try to do this if the City has the written concurrence of the three parties. In addition, the applications for rehearings and interim orders were to be rescinded which the City Manager commented has been satisfied through the good work of our City Attorney. The City Attorney obtained the names of all the parties on the rescinding application and filed it with the PUC and the staff has indicated that they will try to handcarry this through the offices and perhaps get the modifying order which the City needs. He then explained the remaining paper work to be done before the City can receive allocations and proceed with the project. Bob Barton of DeLeuw Cather Company and consultant for the project, commented on the letter received from the state regarding its interpre- tation of the Streets and Highways Code concerning fees and credits towards the project and the amount of money needed to fund the entire project. In his opinion the total cost of the project to the City would be about $400,000. It was noted that there are numerous resolutions which must be adopted subject to receipt of the necessary documents regarding the project and were reported in the agenda. Mr. Parness stated, hopefully, the Council will adopt the resolution authorizing execu- tion of agreement with Western Pacific Railroad Company subject to review and approval of the terms and conditions by the City Attorney, our consulting engineer, Mr. Parness and the Mayor, as the agreement has not been received from Western Pacific Railroad Company. On motion of Councilmember Futch, seconded by Councilmember Tirsell and by unanimous vote, the resolutions mentioned in the agenda were adopted with the recommendation for review and approval as stated by the City Manager. The City Attorney explained the agreements involved and noted that if the S.P. agreement is executed it will lead to the closing of approximately five street crossings, closing to public use the grade crossings and elimination of one private crossing on the S.P. right-of-way. There will be upgrading of the automatic protection at Murietta, North "L", Junction Avenue, and east First Street. He then briefly explained the remainder of the agreement with regard to responsibility during the period of construction. He noted that the terms and conditions consist of 26 pages which he would not explain in detail and that the agreement with Western Pacific would be about the same with the difference being the dis- missal of the condemnation suit in order to obtain the long strip of right-of-way for eventual use by S.P. He stated that he feels the agreement adequately protects the City in this venture and each contract allows the railroads use of Oak Street and requires that the City give to each railroad the highest and best title available for use by the railroads. He added that he intends to pick up the W.P. agreement tomorrow which can be executed by the Mayor and then he will present it to the State Department of Trans- portation for an allocation. CM-28-3l March 25, 1974 (re Track Relocation) Councilmember Miller asked how munch money the City will have to place in escrow to cover the lOt as the final cost has not been determined and it was explained by the City Attorney that the action taken this past Friday will relieve the City of the obligation to advance money to cover the railroad's share of the project and it was explained that the railroads have come to an agreement by virture of these agreements executed regarding the cost split which is about the same as the original formula - now approximately 25-75% cost split. Councilmember Miller then asked if we will lose all control over Western Pacific with regard to complaints received as to blocking streets, etc., if we abandon Oak Street to the W.P., and the City Attorney explained that we have used Oak Street as a threat for many years and that over these years much of the impact of the threat has been lost. We are not giving Oak Street away but are getting value for a clear and direct franchise on Oak Street. He pointed out that it is possible the City may not be able to deliver fee simple title and may end up giving a long term franchise instead. Mr. Parness reported that the next hurdle to overcome will have to be in dealing with the State Department of Transportation and really does not know what will happen but hopefully the contractor will give some time allowance modification. RESOLUTION NO. 44-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY AND WITH WESTERN PACIFIC RAILROAD COMPANY FOR PURPOSES OF RAILROAD TRACK RELOCATION AND CONSOLIDATION. RESOLUTION NO. 45-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE VERIFYING THAT SUFFICIENT FUNDS ARE A- VAILABLE AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE CONTRACT FOR GRADE SEPARATIONS OF NORTH "P" STREET AND NORTH LIVERMORE AVENUE AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY AND WESTERN PACIFIC RAILROAD COMPANY TRACKS WILL BE UNDERTAKEN. RESOLUTION NO. 46-74 RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 66-73, AS AMENDED BY RESOLUTION NO. 88-73, IN THE MATTER OF THE ACQUISITION OF IMPROVEMENTS, RAIL- ROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. REPORT FROM BART EXTENSION BOARD The City Manager reported that the City is very greatful for the work the Citizens Advisory Committee has done with the BART Board as they have given a great deal of input and have been influential in the planning effort of the BART extension. They have submitted a written report which recommends that there be a study grant estab~ lished for a transit study committee and that their committee is preparing the necessary documentation involved in the application for a study grant. Councilman Futch commented that the reorganized VPC would like to get into the matter of public transportation which is a valley-wide problem and wondered if the Council could continue discussion. CM-28-32 March 25, 1974 (re BART Extension Board) c The City Manager explained that he is not suggesting that the Council take any action at this time but the committee is the party that is requesting that there be an application made for a consultants grant for the technical updating of materials and consideration of a citizens committee to assist the staff in this effort. He pointed out that the BART staff have agreed to assist the City on behalf of the three urban centers in the valley, hopefully, to go to the state or the federal Department of Transportation to get a financial grant to allow this technical service for the valley. Councilmember Miller suggested that the City go ahead with any kind of study possible with our Citizens Committee if the other cities in the valley do not want to go ahead in joining us. He felt that there are people in Livermore who need public transportation and would hate to wait another 3-4 years for a study prior to implementa- tion of public transportation. Councilmember Futch stated that he realizes Livermore has been first in pushing for public transportation but would really prefer to see a valley-wide organization to study and support this effort, and let VPC handle this as one of its projects. Councilmember Tirsell suggested that if the VPC is to handle the study that they be given a time limit for formation of a committee and if they do not form one in a given time period that Livermore should go ahead with one. Gib Marguth, Chairman of the Citizens Committee stated that they have concerned themselves with the question of transportation and has been in existance for some two years. They have been before the VPC and the City Council for 6-l2 months asking that something be done to get transportation planning done for this area - not just BART and highways but buses as well. He stated that it has been suggested that old trucks be purchased with seats put in them for added transportation for the City and they feel that it is important to act now because there is a sense of urgency in the community at present that will die if something is not done. It is felt by the committee that some quick studies can be made and grants applied for on behalf of the valley. They would urge that the City Council take the steps necessary for providing transportation other than bicycles, walking, cars and BART. DISCUSSION RE OLD LDC Gib Marguth commented that it was very exciting to be present during a meeting in which the Council has taken steps to proceed with the Livermore track relocation project and on behalf of Leo Gutierrez and John Shirley who are not present and himself, would like to thank this Council for taking such action and specifically would like to thank Mr. Parness for having the persistance for staying with the project and pushing to see it through. CONTINUED DISCUSSION RE LOCAL TRANS. COMMITTEE r Councilmember Miller stated that he feels a certain obligation to Councilman Beebe who felt very strongly about organizing a Livermore Transportation Committee which was not accomplished during his time on the Council and would urge that this be done and suggested that this be scheduled as an agenda item for consideration. CM-28-33 March 25, 1974 REPORT RE STATE GRANT FOR BIKE LANE PROGRAM The City Manager reported that we have received notice that a proportion of a state allocation will be available to our City for the Arroyo Mocho bike path in the amount of $l,978.26 and must be requested prior to March 3l. It is recommended that the Council adopt a motion requestion such an allocation and on motion of Councilmember Miller, seconded by Councilmember Turner and by unanimous vote the recommendation was adopted. REPORT RE AIRPORT TRAFFIC PATTERN On January l4th complaints were received from a local citizen regarding the flight pattern being used at the airport and as a result the matter was referred to our Airport Advisory Committee. Following this referral the Airport Committee had a hearing and received testimony from citizens who agreed with Mr. Leebhoff, the party who made the original complaint and a subcommittee was asked to study the question. In the final analy- sis, due to insufficient justification to consider revising the flight pattern and based on its own judjment the Airport Advisory Committee reaffirms its position that the traffic pattern is proper and a staff report was prepared and submitted to the Council as well as a letter from the FAA tower chief. Councilmember Turner asked who testified in opposition to the present flight pattern being used at present and Mr. Lee explained briefly as to the testimony that was given and that the complaintant was given every opportunity to comment and it was determined that a flight pattern change was not a reasona- ble request. At this time the report was filed with no action required. REPORT RE CAPITAL IMPROVEMENTS PROJ. The Public Works Director submitted a list of the 1973-74 Capi- tal Improvements Projects (Phase I) which indicated engineering estimates and recommended that the Council adopt a motion auth- orizing call for bids. Mr. Lee commented that there is one small project which was not budgeted for but for which there are sufficient funds in the storm drain fund and that is for the draining of the Spring- town lake where the fountain is located so that the water can be changed. Councilmember Miller brought up the point of the water and sanitary sewer line project to service the South County Junior College and pointed out that the previous Council had voted for the oversized lines (Miller and Pritchard dissenting) and since this time there have been newspaper reports stating that these lines are not satisfactory to either the LAFCO executive or Supervisor Murphy and it would appear that no matter what the City decides as to the size of the lines, nothing is going to be satisfactory to others and felt that this should be reconsidered. He felt that a large part of the reason the Council voted to have the oversized lines was to influence LAFCO and it would appear that they are not impressed. Councilmember Futch felt that to impress LAFCO was really not the intent for approving oversized lines and that there are many agencies to whom the question of "New Town" will be pre- sented. It is important that Livermore has always planned to serve the area and will continue to plan to serve it. CM-28-34 March 25, 1974 (Capital Improvements Projects Discussion) ( ~ Councilmember Turner stated that in his opinion by looking at the long range planning, it would appear that the cost for the oversized pipe is minimal compared to what it would cost if it were needed 5-l0 years from now for additional development and that the City of Liver- more and Pleasanton have control over growth in the area so the over- sized line does not mean that this will spur development. Councilmember Miller pointed out that normally a developer expends money for this typ.e of service as development occurs and in this case the City is paying for this with the taxpayers money because we have a commitment to the Junior College. Therefore, to expend excess money that belongs to the taxpayers would appear to be unwise as there ~ from $50,000-$60,000 involved that will do nothing but lay in the ground and not being used properly. If the General Plan indi- cates that there will be no development in that particular area it means that we have wasted $60,000 but on the other hand if we decide to develop out there in another 10 years then the developer can pay for the public works improvements at that time. Councilmember Tirsell stated that she cannot see how expenditure of taxpayers money for use lO-20 years hence can ever be justified except that this is the way areas are planned, and agrees that the oversized line is the best choice as it may be the last line to ever have to go in to serve that area, and it may mean that all the growth planned for will be taken care of. Councilmember Miller moved that the Council amend the decision regard- ing the size of the line approved and approve the size of lines just sufficient to serve the Junior College (Projects 73-25 and 73-l8), seconded by Mayor Pritchard which was followed by discussion regarding the pros and cons of smaller line vs. larger line. Councilmember Turner called for the question and the motion failed 2-3 with Councilmembers Futch, Turner and Tirsell dissenting. On motion of Councilmember Futch, seconded by Councilmember Tirsell and by a 4-1 vote (Miller dissenting because of opposition to Projects 73-25 and 73-l8 re Junior College lines) the Council authorized the City to advertise for bids for the 1973-74 Capital Improvement Projects. RESOLUTION NO. 47-74 A RESOLUTION ACCEPTING AND APPROVING PLANS AND SPECIFICATIONS, ASCERTAINING WAGE SCALE, AND DIRECTING CLERK TO ADVERTISE FOR BIDS FOR VARIOUS PUBLIC WORKS IMPROVEMENTS. REPORT RE "K" STREET PARKING LOT IMPROVEMENTS r The Public Works Director reported that the "J" Street parking lot has been substantially completed and the Beautification Committee has been asked to inspect it and to review its cost effectiveness which they discussed at their March 6th meeting and concluded that it was successful and recommends that the City Council authorize proceeding with the ilK" Street improvements with essentially the same features. Mr. Lee explained that this cost would have to come out of the next year's budget and explained the funds that the "J" street improvements were derived from, as included in a written memorandum to the Council. On motion of Councilmember Miller, seconded by Councilmember Turner and by unanimous vote the recommendation to proceed with the "J" Street improvements was approved. CM-28-35 March 25, 1974 ("K" Street Parking Lot Improvements) Prior to the vote Councilmember Turner pointed out that the pro- vision for exiting from "J" Street onto First Street is very hazardous because the parallel parking provided on First Street creates a blind spot for oncoming First Street traffic and Mr. Lee stated that this had been considered but that a south bound exit would mean traffic on First street would stack up while drivers are turning right onto "J" Street, and it is too close to the intersection to allow this, and Councilmember Turner sug- gested moving the First Street parking back from the exit so that oncoming traffic could be observed easier and Mr. Lee stated that he would look into it. HEARING SET FOR GEN. PLAN AMENDMENTS The staff has recommended that a public hearing be set for testimony regarding the l3th and l4th General Plan Amendments and on motion of Councilmember Miller, seconded by Councilmember Turner and by unanimous vote the hearing was set for April l5, 1974. P. C. MINUTES OF MARCH l2 The minutes for the Planning Commission's meeting of March l2, 1974, were noted for filing. DISCUSSION RE VALLEY PLANNING COMMITTEE REORGANIZATION with regard to the reorganization of the Valley Planning Committee (VPC) Councilmember Tirsell reported that she and Councilmember Futch felt that it might be appropriate for this Council to discuss the matter and adopt a recommendation to take to this month's VPC meeting. The VPC seemed to endorse the idea of a forum that would occur from two to four times a year. She and Councilmember Futch feel that the forum should be for information, to take stands on issues and make recommendations so that the VPC would be a steering committee with subcommittees under it which would include citizens, and general topics proposed would be transportation, water pollution and air pollution as well as solid waste disposal, and generally summarized the intent of the reorganization of the VPC. Councilmember Miller stated that it appears that the recommendation is not for a VPC but rather a meeting four times a year with the five elected officials of the three jurisdictions, which Councilmem- ber Miller stated appears to be the case with the presently constitu- ted VPC acting as a steering committee to organize the material that would be presented at the forum and to organize a citizens group which might develop some of the material. He added that the VPC has not been as effective as everyone would like and it is felt that if all three communities meet to speak on the issues and if groups are formed this should be more effective in valley operations. These comments were followed by discussion regarding the activity of the VPC as it has been in the past and comments about a Regional Planning Agency and the point was made that Supervisor Murphy is strongly opposed to any valley-wide planning. Councilmember Miller stated that it would appear the suggestion is for continuation of the VPC with an additional branch such as the citizens committees with joint meetings for the purpose of hearing VPC reports and proposals for action. CM-28-36 March 25, 1974 (VPC Reorganization) The Council agreed that there is merit in the three jurisdictions meeting four times a year. Councilmember Tirsell commented that there are existing citizens committees in every town who go over the same information and arrive at the same conclusions without being aware of this and it would seem to be prudent to try to eliminate duplication of effort and offered to draw up some recommendations which can be discussed as an agenda item later. DISCUSSION RE I-580 WIDENING PROPOSAL Councilmember Futch briefly reported on the discussion which has taken place in the past with regard to the proposal for the widen- ing of I-580. The Council's position was opposition to the widening to eight lanes, as proposed by the State Highway Department because it was felt that continued planning based on the use of the automobile was not the proper way to plan for future transportation for the valley. The Council felt that the efforts towards getting BART to the valley should be pursued and only allow additional lanes strictly for the purpose of buses and public transportation. A number of groups have tried to reverse this position which the government has taken in that widening of the freeway would not be supported because of environmental problems. He stated that he asked that this matter be discussed by the Council again to have the Council's position brought to the atten- tion of various federal agencies and our representatives in Congress and moved that the Council's position on the widening of I-580 be sent to our state senators, to the EPA, to the Federal Department of Transportation, to the Air Pollution Control Board and, as a part of the letter sent, there be a statement made that the Council feels continued transportation based on the use of the automobile is not a responsible way to plan for the future, especially in view of the fuel crisis which is felt to be a long term problem. Councilmember Miller asked that MTC be included as well as our congressmen, ABAG and the State Department of Transportation, which was included in the motion and the motion was seconded by Councilmember Miller. Prior to the vote Councilmember Miller explained that the Council is not opposed to widening the freeway but~~y for PUbli:.:~~sgOrtation and not the increase of automobi:?= -'o-Ur;i;~-:-". <.--;:e-.u-J-._ Councilmember Turner felt that a third lane for automo~ really is needed through the Dublin Canyon and that BART will not be here for about lO years. This was followed by discussion over whether or not there really is an energy crisis and Councilman Futch stated that anyone who has talked with knowledgeable people realize that there is an energy crisis and that our oil resources are being depleted. Gib Marguth read portions of the letter sent to the Council by . the Citizens Advisory Committee regarding local action for transportation improvements and their reasons for supporting a BART rail through the Dublin Canyon with six lanes through the canyon and one lane reserved for a bus lane. Rather than to expend funds for a lane to accomodate heavy trucks that this amount be spent to construct the BART rail line. Councilmember Futch stated that he feels the program suggested by Gib appears to be more reasonable than that proposed by the State Highway Department and would be interested in seeing the Environmental Impact Reports regarding the proposal. CM-28-37 March 25, 1974 (I-580 Widening) The Council continued to discuss the pros and cons of whether or not the freeway should be widened. Councilman Miller remarked that it would be better to spend the money to provide public transportation - a corridor along with the ex- isting two lanes, and felt if the freeway is not widened and the people are delayed while they watch the buses go by, it would give them something to think about, and get them out of their cars into public transportation. Councilmember Turner disagreed as he felt we were still lO-l2 years away from BART, and we very much needed the road widened. Councilmember Miller called for the question, and the motion passed 4-l with Councilmember Turner dissenting. COMMUNICATION RE COMMUNITY AWARDS PROGRAM FROM CHAMBER OF COMMERCE A communication was addressed to Councilmember Futch from the Chamber of Commerce regarding the re-establishment of a Community Awards program to honor Livermore citizens for significant contributions made to the city's welfare during each year, and they have asked the City to participate with them. Councilmember Miller stated he thought the idea was a nice one, but did not feel it was any of the City's business as he did not feel it was a reasonable expenditure of the taxpayers' money. He moved that we commend the Chamber for their idea, but decline to join in any financial support. Motion was seconded by Councilmember Turner, and approved unanimously. The City Manager was asked to respond to the letter. REPORT RE SLUDGE PRODUCTION A report had been submitted by the Public Works Director regarding sludge prOduction, and this item had been removed from the Consent Calendar for discussion as this time. However, since it was late, Mayor Pritchard suggested that this be continued and made an agenda item at a later meeting, and in addition if the other members of the Council had any questions they should contact the Public Works Director and discuss them with him. Councilmember Futch suggested that the report be summarized, and the Public Works Director was asked to make a summary, and Mr. Lee agreed to do that and he asked if the Council would like to give him a list of their questions. REPORT RE CONSERVATION OF ENERGY IN BUILDINGS A report submitted by the Chief Building Inspector regarding con- servation of energy in buildings was removed from the Consent Cal- endar for discussion at this time. Councilmember Tirsell inquired if the Uniform Building Code de- pended on legislation alone for any changes, or if there were other methods for upgrading the standards for insulation. n Chief Building Inspector Herb Street stated that the State has adopted, by reference, Uniform Building Codes as it applies to CM-28-38 March 25, 1974 (Conservation of Energy in Buildings) residential buildings, and there has been some controversy over the years as to whether the Building Code should address itself to insula- tion since it has not been considered a necessary minimum standard for the health and safety aspects that the codes are concerned with. Now with the energy crisis, the State found it necessary to mandate adoption of energy conservation standards. The Building Code is considering the same standards that the state has proposed for adop- tion and also the FHA Standards, as well as the National Bureau of Standards guidelines that have been drafted - they have not yet come up with the standards. Mr. Street stated that the Uniform Building Code change committee will be meeting in April and consider- ing those regulations, but whether they will become a part of the code remains to be seen. Councilmember Futch stated the report doesn't state what the standards are, and he would like that information. Mr. Street stated that basically the standards are very simple. They require that the walls that are exposed to the ambient and that would be either exterior walls or walls exposed to an unheated space, must conform to the minimum standards for transmission of heat so they are limited to the heat loss or gain. These are to be certified, and there are criteria on the amount and kind of insulation that is re- quired to attain this rating. This also applies to the roof structure and to the glass and the amount that is required to be tinted glass. Councilmember Futch asked Mr. Street if he could summarize this in writing as to the kind of insulation, the standards and also the information regarding the glass. Councilmember Miller commented that according to the report, the standards do not apply to single family houses; however Mr. Street stated the energy insulation regulations that the state has adopted will be effective in February 1975 to single family. Councilmember Miller stated that since statewide adoption is a year away, perhaps we should adopt interim standards now, and he asked that it be placed on the agenda for Council action. (' When questioned if it would be possible to adopt these standards now, Mr. Street replied we could but we would have to file a justification with the state regarding local conditions, and it would serve as a variance. He suggested that perhaps the Council might want to have an opinion from the City Attorney as it is his understanding that where the State has preempted, you cannot adopt a more restrictive regulation unless they specifically make it permissive. The staff was directed to prepare a report for the Council agenda and the City Attorney was asked to check into the legalities that might be involved. Glenn Dahlbacka+ ll38 Aberdeen, stated he had been interested in this question for awhile, and he has been assembling data on the nature of insulation and the cost of energy, and was appalled at the nature of the insulation available in most construction in Livermore. He went on into some detail about the savings there could be if the homes were properly insulated, and he agreed that the regulations should be adopted immediately. He would also like to have the Council give some considerations to the homes in Livermore that are not in- sulated as they can be brought up to much higher standards by ceiling insulation. He felt Livermore could set a precedent by requiring the insulation and would like to see this matter as an agenda item. CM-28-39 March 25, 1974 MATTERS INITIATED BY THE COUNCIL & STAFF (Commending Kamps for Being in Busi- ness for 70 Years) Mayor Pritchard stated that he would like to extend his personal congratulations to Mr. and Mrs. Hal Kamp for 70 years of business in Livermore and on motion of Councilmember Miller, seconded by Councilmember Tirsell and by unanimous vote of the Council a reso- lution was adopted commending the Kamp family. RESOLUTION NO. 48-74 RESOLUTION COMMENDING KAMP FAMILY RE. 70th ANNIVERSARY (re Abatement of Abandoned Aircraft) The City Attorney commented that he would like to have the Council's determination that the abandoned aircraft at the airport consti- tutes a nuisance so that the City can proceed to abate it and on motion of Councilmember Miller, seconded by Councilmember Tirsell and by unanimous vote the staff was directed to start proceedings to declare the airplane a nuisance. (re Election of LAFCO Members) The City Attorney reported that there is a bill being proposed for the election of the LAFCO Board members and wanted to know if the Council would like to take some stand. Councilmember Miller moved that the Council support such a bill and that the Council ask that members of the Board of Supervisors be prohibited from serving on the LAFCO Board, seconded by Councilmem- ber Turner and which passed by unanimous vote. (re Legislation re Regulation of Campaign Expenditure & Disclosures) The City Attorney stated that a bill is being introduced allowing general law cities to regulate campaign expenditure and disclosure and on motion of Councilmember Miller, seconded by Councilmember Turner and by unanimous vote, the Council approved support of the bill if introduced. (re Interviews for Planning Commissioner) The Council discussed the Planning Commission vacancies to be filled and concluded that they would meet at 7:00 p.m. next Mon- day to discuss as many applications as possible. (re Lights at Concannon & Holmes St.) Councilmember Futch asked the Public Works Director the status of the signals to be installed at the intersection of Holmes Street and Concannon Boulevard which was reported on by Mr. Lee. CM-28-40 March 25, 1974 (Signals at Holmes & Concannon) Councilman Futch pointed out that the big pitch by Mr. Mehran for getting rezoning of his property was that the signals would be installed by this past September when the children started school and Mr. Lee felt that this had been an unrealistic estimate and would hope that the state will accommodate Mr. Mehran with the project and that it will be done by next September, and that the staff is doing everything possible to see that the lights are in- stalled by next September. Councilmember Futch requested that a report on the matter be sub- mitted to the Council in one month. (re Support of AB-2090 re Low Income Housing) On motion of Councilmember Futch, seconded by Councilmember Miller and by unanimous vote of the Council AB-2090 regarding low income housing is being supported by the Council with a letter of support going to the Governor and the committee. (re Support of AB-2658 re Notice of Zoo Changes) On motion of Councilmember Futch, seconded by Councilmember Miller and by unanimous vote the Council agreed to support AB-2658 related to notice to the assessor if there are zoning changes. (re AB-32l5 re Use of polygraph in Testing for Employment) Mayor Pritchard commented that a bill has been introduced (AB-32l5) which would prohibit the use of a polygraph in employment evalua- tion and would support this legislation as he feels this is an unwarranted invasion of privacy. The City Manager stated that he feels it is necessary that he state that the use of the polygraph has been extremely helpful in screening police applicants and is being widely used through- out police jurisdictions. Mayor Pritchard moved to support legislation of this bill, seconded by Councilmember Miller. It was the general consensus of the Council that they are opposed to the use of any such device but declined to vote on the matter at this time in order to give the City Manager a chance to report to the Council. ADJOURNMENT ATTEST was adjourned ~ APPROVE Liv CM-28-4l Special Meeting - March 29, 1974 A special meeting called by Mayor Pritchard was called to order at l:30 p.m., Friday, March 29, 1974, in the City Hall, 2250 First Street. PRESENT: Councilmembers Futch, Tirsell, Turner and Mayor Pritchard ABSENT: Councilmember Miller The meeting was called for the purpose of Council consideration of the following: Resolution Authorizing Execution of Agreement with Hensel Phelps Construction Company, Track Relocation Project. The City Manager explained that it was felt to be of the utmost importance that the City proceed to award the contract for the railroad relocation project. Also briefly discussed was the amount of funds expected from the State and the possibility of cancellation of the contract should this expected amount not materialize. On motion of Cm Turner, seconded by Cm Futch and by unanimous vote the following resolution was adopted: RESOLUTION NO. 49-74 RESOLUTION OF AWARD OF CONTRACT, RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA The signed contract together with a check in the amount of $lOO was delivered to a representative of Hensel Phelps, present at the meet- ing. On motion of Cm Tirsell, seconded by Cm Turner, and by unanimous vote, the Council directed that all other bids received for this project be rejected and the City Clerk was instructed to return all bid bonds submitted. :::R::ting the?~urn::; ~m. ~~ ATTEST ~ / C1.ty Clerk Livermore, California Adjourned Regular Meeting - April 1, 1974 The adjourned meeting scheduled for this time was not held since the business intended to be discussed was finalized at the above special meeting. ~i D. J. Hock, C1.ty Clerk Livermore, California CM-28-42 Regular Meeting of April l, 1974 A regular meeting of the City Council was held on April l, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Pritchard pre- siding. ~ ROLL CALL PRESENT: Councilmembers 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 On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the minutes for the meetings of March 25, 1974, and March l8, 1974, were approved as amended. SPECIAL ITEM (re Am. Soc. of Mechanical Engineers) Gary Tucker, representative of the American Society of Mechanical Engineers, explained the history and purpose of their organization and invited the City to contact them for answers to questions with various problems and that if they do not have the technical informa- tion available they will find out who the City should communicate with for technical information. He pointed out that they feel that they are an educational organization with the obligation to contribute to the public, understanding of critical issues such as energy, environ- ment, transportation, housing and other items. In this objective he stated that they are offering their services to the City of Livermore. em Miller stated that he feels it is very helpful for ASME to offer their expertise and would suspect that the City will have the oppor- tunity to ask for advice and that he appreciates this offer. OPEN FORUM (re Status of Illegal Sign at Golf Course) Elizabeth Mondon, 5873 Singing Hills, stated that she wrote a letter to the Council requesting that something be done about the sign that is located on the golf course adjacent to I-580 which does not conform to the City's Sign Ordinance and asked what is being done about it. ( Mr. Parness reported that the staff has not completed the reports regarding the sign and Mrs. Mondon was asked to contact Mr. Parness for the reports. CONSENT CALENDAR Notification re Earth Day Celebration Notification has been received from the Beautification Committee regarding the Earth Day celebration on April 27, 1974 to which the City is invited, and the Mayor proclaimed April 27, 1974 to be Earth Day. CM-28-43 April 1, 1974 Proclamations In addition to proclaiming Earth Day, the Mayor proclaimed March 29 thru AprilS, Safety Seat Belt Week; March 3l thru April 6, Action for Foster Children Week; and April 22 thru 26, Public Schools Observance Week. Communication re East Avenue Bikeway A copy of the letter sent to the County in response to the Liver- more Bikeways Association request regarding safe bikeways on East Avenue was submitted to the Council by the Planning Commission. Design Review Committee Minutes The Council received the minutes for the Design Review Committee's meetings of March 20 and 27th, 1974. Payroll & Claims There were 150 claims in the amount of $358,389.9l and 284 payroll warrants in the amount of $72,748.75, for a total of $43l,l38.66, dated March 29, 1974, ordered paid by the City Manager. APPROVAL OF CONSENT CALENDAR On motion of em Miller, seconded by Cm Futch and by unanimous vote, the Consent Calendar was approved. CONTINUED DISCUSSION RE PLANNING UNITS 8 & 9 A report regarding the legal considerations in adoption of specific plans for Planning Units 8 and 9 was submitted to the Council and the City Attorney commented that he would suggest postponement of any adoption of the specific plans until further modifications of the General Plan have been made. He pointed out that it has not been legally determined whether or not a specific plan will subject the City to any kind of liability in inverse condemnation which was followed by discussion regarding this advice. Cm Futch stated that the problem concerning inverse condemnation problems will have to be faced in certain circumstances and the legal question is simply a matter of timing which the City Attor- ney explained is correct - it could be resolved in another suit before we need the specific plan for some municipal purpose and his advice is dealing with the question of timing. He explained that if there are changes in the General Plan this could result in specific plans, if adopted, having to be changed and felt that adoption of the specific plans could be done in a coordinated manner, at a time so that none of the benefits will be lost. He explained that adoption of the General Plan is a few months away and feels there is no reason the specific plans cannot be acted upon at the point when we are approaching a final decision stage in the General Plan, rather than months earlier. CM-28-44 April l, 1974 (Planning units 8 & 9) em Futch expressed concern for the possibility of having to hold public hearings again if there is a lengthy delay in acting upon some proposed specific plan after the public hearing. The City Attorney commented that if the Council is positive that there will be no changes in the plan before them it would be more prudent to adopt it at this point~ however, if there is any possi- bility that there may be a change, such as changes in the law, everything will have to be changed and hearings held. em Miller felt that adoption of specific plans is preempting the General Plan review process because it will bring pressure to release those areas from the moratorium, and that this would remove the option of making any amendments in that particular General Plan area, particularly when there are some unresolved situations in Planning Units 8 and 9 such as the abandonment of the school site, park acquisition and density. em Tirsell stated that it was her understanding that the Planning Commission was working on the specific plans so that at the end of the General Plan moratorium period there would be a basis for select- ing or approving the timing and type of growth desired. She pointed out that the specific plans were done on the 1959 General Plan and if these are not adopted and the moratorium expires it would seem that the City will not have done what it said it would do - to adopt specific planning to safeguard these areas. Cm Miller stated that this is a continued discussion and that prior to tabling the matter a motion had been made by him to adopt the general concept, in principle, but postpone final approval until the General Plan density has been resolved in addition to school abandonment and park acquisition being resolved and stated that he would like to amend this motion if the second (em Turner) would agree. He stated that he would like to amend the motion so that it is re- stated as follows: liTo adopt the general concept, in principle, of Planning Units 8 and 9, but put over the consideration of final approval until l) three months before the moratorium ends, or 2) until the school abandonment, park acquisition, Route 84, and the density questions are resolved~ whichever comes first". em Turner agreed to second the motion for discussion purposes. Cm Futch felt that density has essentially been established for this area, Highway 84 has been provided for in the plans and it is his understanding that the park sites have been chosen and it would seem that there are few remaining problems in this area. em Miller pointed out that there are 6-7 months left prior to expira- tion of the moratorium and there is no advantage to the City to adopt the specific plan in advance. If all the questions are resolved as pointed out by em Futch then it should go very easily at the end. It appears that there could be some possible changes in this area and he would suggest that the City wait and not be in such a hurry to adopt 8 and 9. Cm Futch stated that he feels the Council should not wait to the end of the moratorium to adopt the specific plans because if there are changes to be made they should be taken care of with sufficient ~ time for discussion, with which Cm Turner agreed. Mayor Pritchard pointed out that he has been told by the Planning Director that the specific plans were done on the old General Plan and that there will undoubtedly be changes because a new General Plan is coming up which the specific plans will have to conform to and is sufficient reason for his voting in favor of the motion. CM-28-45 April l, 1974 (Planning Units 8 and 9) Mayor Pritchard called for the question and Cm Turner stated that he would like to amend the motion to say "..l) six months before the moratorium ends...", seconded by Cm Futch, which passed 3-2, (Cm Miller and Mayor Pritchard dissenting). At this time the amended motion passed 4-l by the following roll called vote: Ayes: Cm Turner, Miller, Tirsell and Mayor Pritchard Noes: Cm Futch REPORT RE ANNUAL RODEO PARADE The City Manager reported that the Jaycees have planned the annual rodeo parade and are requesting a grant of funds from the City of Livermore which will match the $l,500 pledged by the Rodeo Associa- tion of Livermore. Mr. Gabriel, representative of the Livermore Jaycees explained the budget worked out for the parade and the expenditures for the various categories. Mayor Pritchard moved to approve the City Manager's recommendation to approve the request for the $l,500 contribution, seconded by Cm Turner and passed 4-l (Cm Miller dissenting). Cm Miller explained that every year he has been bothered by the fact that the City subsidizes the rodeo parade because the City has to hire additional police officers during this weekend, re- ceiving nothing in return. While on the other hand, the Rodeo Association contributes half of the cost of the parade but realizes a substantial return on the rodeo and that they should therefore pay for the entire cost of the parade. REPORT RE ARROYO MOCHO LANDS AGREEMENT - LA CASTILLEJA ORGANIZATION (Gillice) The Public Works Director reported that letters have been received from Mr. David Madis, Attorney representing the La Castilleja organi- zation relative to the Arroyo Mocho Lands Agreement dated April 3, 1972, which resulted in the dedication of land along the Arroyo Mocho between Holmes Street and Arroyo Road. Mr. Madis has requested that the City release the Performance bond and that the City outline a procedure for selling the small parcels provided for in the original agreement. Mr. Lee recommended that the Performance Bond be released and recommended that the proper procedure to be followed for selling the lots would be for the developer to provide a parcel map and prior to this would recommend presentation of an agreement becween the develop- er and property owners receiving the property related to the fact that they will not be land-locked parcels. Mr. Lee stated that the develop- er is questioning the City's right to have required the Arroyo Mocho land to be dedicated to the City and the City Attorney may have some comment as to whether this should affect the Council's decision in allowing the transfer of these parcels. The City Attorney stated that he would like to have the opportunity to meet with Mr. Madis and his client to see if the matter can be resolved as a "package deal" and would like to investigate the al- ternatives available to the City. Mayor Pritchard asked if the City Attorney is recommending that the release of the Performance Bond as well as outlining a procedure for selling the small parcels be put over and left to the negotiations of the staff and developer, and the City Attorney felt that nothing would be lost in doing such. CM-28-46 April l, 1974 (Arroyo Macho Land Agree- ment Gillice) The staff explained the density transfer involved as well as the park dedication and Cm Miller moved that the Council do nothing on these requests until the pending law suit is dropped with prejudice, seconded by Cm. Futch. Cm Miller stated that certain parcels lie in the arroyo and initially was dedicated to the City as channel in the original annexation agreement and the City is giving away its own property to be sold by Mr. Gillice for his profit and felt that this should be kept in mind. At this time the Council voted unanimously to adopt the motion. Mr. Madis stated that this is the third time the Council has willfully and purposefully breached the contract that has been referred to them and on behalf of the developer rescinds the contract, in its entirety. REPORT RE LIGHT FIX- TURES TO BE SELECTED FOR THE S.P. SHOPPING AREA Mr. Lee reported on the matter of light fixtures to be selected by the Council for installation in the Southern Pacific Shopping Center area and explained that both the Beautification Committee and the Design Review Committee have reviewed various styles and it was recommended that the "Stylevuell fixture such as that used along First Street would be continued on First Street; the "Standard" type placed through the underpasses; and the spherical fixtures such as those used on Second Street be used along "P" Street and Railroad Avenue with the amber light source. em Tirsell asked if the new lights to be installed along First Street would be of a different height and Mr. Lee stated that he feels it would be improper to have a few lights lower than all the rest and explained the reason they were designed as they were from a safety and lighting standpoint. . Mr. Lee's comments were followed by discussion regarding height levels for the fixtures with regard to the underpass area. em Miller felt that it is not necessary for all the standard (Cobra) type fixtures to be on 30 foot poles and that those at the top, where the underpass begins, could be at 2l or 22~ ft. and could still pro- tect eye glare. The first Cobra type could be the same height as the spherical fixtures in the same area and graduated heights as you approach the underpass. Cm Turner moved that the Council adopt the recommendation of the Beautification Committee and leave the height decision to the Public Works Department, seconded by Cm Futch for discussion purposes. r Cm Miller moved to amend the motion that Recommendation (1) which calls for the IIStylevue" fixtures on First Street be changed to spherical fixtures between "plI and "S" Street at the 2l foot height, seconded by Cm Tirsell. Mr. Lee pointed out that if the Council selects the spherical fix- tures in this area it will mean that the "Stylevue" type will be used on First Street up to this point then the spherical type will be seen until the Hansen Park area and the "Stylevue" type will con- tinue and it would be unattractive to have different types and heights along First Street. Cm Turner asked if it would be feasible to change to the spherical globes and what the cost would be if the "Stylevuell were replaced along First Street and Mr. Lee indicated that technically this could be done but the cost would be substantial and would estimate that it CM-28-47 April 1, 1974 (Light Fixtures for SP Shopping Area) would cost several hundred dollars per pole and there are approxi- mately lOO poles that would have to be replaced. The motion and the second agreed to table Recommendation (I) that Cm Miller asked to be revised. Mrs. Mondon, stated that the sodium type of lights are inefficient and very hard on the eyes and the reason they are inefficient is due to the fact that the light goes out in all directions, and would recommend that spherical lights are not used along First Street and up to the overpass. At this time the Council voted unanimously to adopt the recommenda- tions of the Beautification with the deletion of Recommendation (l) which is tabled. RECESS Mayor Pritchard called for a 5 minute recess after which the meeting resumed with all members of the Council present. REPORT RE SELLING OR LEASING ARROYO DEL VALLE & WETMORE RANCH PROPERTY Glen Dahlbacka, ll38 Aberdeen, commented that he feels that the re- quirement of the County to sell the Arroyo Del Valle property and the Wetmore Ranch property as a package is restrictive to anyone who might be interested in buying this property even though it could subsequently be sold and would suggest that the Council con- sider this and determine whether they could possibly request the County to alter the way the property is being sold. He feels that the.rtwo properties are not really connected and such a requirement would be defining the nature of the purchaser. Apparently the reason they are being sold together is because the Wetmore property provides water for the sanitarium but it seems to be the only connection be- tween the two. The buyer could get water from Zone 7 or another source so it would seem that the Wetmore property, which might be developed, should not have to be included in the sale. Cm Miller felt that this is a point very well taken and that the Council might suggest to the County that there be an easement for water and ask them to sever the sale of the two properties. The City Manager had recommended that LARPD be notified of the sale of the property and em Tirsell moved that LARPD be requested to ex- plore any means available for acquiring or leasing the property if it would be of use to them and to explore a coalition that might be necessary to attain this end, and that the County be requested to con- sider eliminating the requirement to purchase both properties. The motion was seconded by Cm Turner and passed by unanimous vote. em Miller also mentioned the possibility of dedicating much of this open space and continue to use the Wetmore Ranch for grazing purposes and public open space. David Eller, Livermore, stated that he read in the paper that the County did not have to take any of the bids and that they could reject them even if the City offers some very good suggestions as they may have already concluded that the sanitarium is to be burned and it should be important for every effort to be made to save most of these buildings as two of them, particularly, are very attractive and in very good condition. Cm Tirsell moved that a letter be sent to the County asking that this be kept in the public domain, seconded by em Miller and passed by unanimous vote. CM-28-48 April l, 1974 REPORT RE FORMATION OF LOCAL CITIZENS ADVISORY COMMITTEE o The City Manager reported that a former Councilmember and the Valley Citizens Advisory Transit Committee have suggested the formation of a local citizens advisory committee to work on the problem of providing public transportation and it has been sug- gested that one member from each of the following committees serve on the newly established committee: Livermore-Pleasanton BART Extension Citizens Advisory Committee, Senior Citizens, Representation from a students organization, Chamber of Commerce Transportation Committee, and Good Samaritan (Family Crises Center) em Futch suggested that the Chamber of Commerce Transportation Committee be replaced by a member of the League of Women Voters. Cm Tirsell suggested that if there are any homeowners groups, per- haps there could be representation from them also so that there could be broad representation from allover the City. The City Manager pointed out that if this is just a Livermore Advisory Committee he would not be concerned about the number of people on the committee; however, if this is to be a valley-wide committee there could be a very large group if they allow comparable membership. I m Miller felt that the one area not being represented is the lower income group and would suggest a representative from the CAPE Board should be included ,and Cm Turner suggested that there be a representa- tive from CAPE rather than the Good Samaritan Organization. Cm Miller pointed out that often not all members attend meetings and there is nothing wrong with having a large number of people serve on a committee, as it is generally broken down into smaller committees so that they are more workable. Cm Futch moved that the Council adopt the City Manager's recommenda- tion to form a committee to study the transportation situation to be composed of a member from each of the following committees: Livermore-Pleasanton BART Extension Citizens Advisory Committee, Senior Citizens, Representation from a students organization, League of Women Voters, and CAPE The motion was seconded by Cm Tirsell. em Miller moved to amend the motion to include that the mechanism for making appointments will be for the Council to select a name from a list of three names submitted by each organization, which died for lack of a second. Mayor Pritchard called for the question and the motion passed by unanimous vote. r REPORT RE DESIGNATION OF ALTERNATE REP. FOR VALLEY WATER MGMT. AGREE. The City Manager reported that the Valley Water Management Agreement specifies that an alternate representative must be selected from among CM-28-49 April l, 1974 (Valley Wtr. Mgmt.) the City Council members to serve in the absence of either of the two regular appointees (Cm Futch and Miller) and on motion of Cm Futch, seconded by Cm Miller and by unanimous vote, Cm Turner was designated as the alternate representative to the Livermore-Amador Valley Water Management Agreement. REPORT RE MEDEIROS PARKWAY ACQUISITION o The City Manager reported that due to insufficient funds availa- ble for state funding our application for acquisition of lOO acres of land along the Medeiros Parkway route allows for the purchase of approximately only 28.6 acres. The grant is in the amount of $64,659 and the City must match this amount which is a provision of the grant. It is anticipated that state funds will be available in succeeding years so that eventually the project can be completed and there are sufficient funds in the budget to match the amount of money being allocated by the state. It is recommended that the Council adopt a motion authorizing and instruct- ing the City Manager to proceed with the necessary property appraisal and negotiated purchases and a resolution authorizing execution of the project agreement. On motion of Cm Tirsell, seconded by Cm Futch and by unanimous vote, the City Manager's recommendation was adopted. RESOLUTION NO. 50-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE APPROVING AND PROVIDING FOR THE EXECU- TION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00337 MEDEIROS PARKWAY ACQUISITION, BY AND BETWEEN THE CITY OF LIVERMORE AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION. REPORT RE RESERVATION OF SEWER CAPACITY FOR INDUS- TRIAL & COMMERCIAL USE A report was submitted to the Council by the City Attorney regard- ing reservation of sewer capacity for industrial and commercial use which was reviewed by the Council. Cm Miller asked that the Council consider that the residential . allocation in our existing sewer capacity be sufficient to cover only the existing sewer assessment districts plus the rest of the City that is undeveloped and zoned for development and divide it up into 5-acre parcels which might be allowed to have a septic tank and that all the rest be given to industrial and commercial uses. Cm Futch stated that he would like to know how many are left, how much capacity is left and how much industrial and commercial can be taken care based on the rate we normally accumulate and allow a sufficient margin. He felt there should be an idea of how much capacity is left prior to making a judgment. Some of the contents of the report by the City Attorney were dis- cussed and the alternatives were also mentioned. Mr. Parness noted that it is very difficult to forecast the amount of industrial or commercial that may need to be served through a preservation program such as this due to so many variables involved. CM-28-50 April 1, 1974 (re Reserving Sewer Capacity for Industrial) o Cm Futch indicated that the Council would like to know how much the City is committed for as far as building permits are concerned for residential development and as far as assessment districts for residential which would indicate how much is left for anything else. What Mr. Parness is saying is that it is uncertain what the City will be getting with what is left because some industries use much more capacity than others and it would be hard to judge. Cm Miller felt that we are not looking for a number of users but capacity for industrial purposes and if one industry comes in and uses it up because it is the first to come in this would be satisfac- tory. It would also be alright if lO small industries come in and use up the capacity. The staff was directed to present some facts and figures for the Council's consideration and there was no further discussion of the matter. MATTERS INITIATED BY THE STAFF (re LAFCO Action re Spheres of Influence) Mr. Parness stated that this City Council and staff have been very concerned about the past action of LAFCO with regard to the Spheres of Influence boundaries they have set up and that he has been in- formed by his colleagues that this has been the trend in many parts of the state and that this agency is making such important decisions without the assistance of a great deal of technical input. He poin- ted out that this is no reflection on the board but they are lay people, primarily, and not planning technicians - at least in our area. He felt that it would be very appropriate for this Council to suggest to the Board of Supervisors that they pay for outside planning and consultant help to be made available to LAFCO as an aid in making their very important decisions that so drastically affect the economic and growth welfare of urban centers. Cm Miller moved to adopt the City Manager's recommendation to officially make this suggestion to the Board of Supervisors, seconded by Cm Tirsell and passed unanimously. MATTERS INITIATED BY THE COUNCIL (re Industrial Applica- tion Review by Council) Cm Turner commented that the staff has been asked to report on all industrial applications that come to Livermore and asked if there have been any applications. Mr. Parness replied that the staff has been asked to make a quarterly report regarding the industrial applications and that the Planning Department has prepared a form for recording the applications made. r (re Decision of Whether or not a Report is Desired) Cm Miller stated that an editorial in the Herald and News had indi- cated the Council should decide in open Council meetings whether or not a staff report is going to be prepared on an item and agreed CM-28-5l April l, 1974 (Staff Reports) that it would be appropriate to request a report if the Council desires one. Also, it never hurts to hear what the staff has to propose and even though he is sure he would vote against having a meeting every two weeks it would not be unreasonable to let the City Manager prepare a report for the Council to review and moved to allow the staff to prepare a report as to the possibility of having Council meetings every other week, seconded by Cm Tirsell and passed by unanimous vote. ,~ \ o (re Going Out of Business Sale) Cm Miller stated that it has been brought to his attention that there have been examples of businesses advertising "going out of business" sales which are not actually going out of business. They are having deliveries made and the going out of business sale lasts for months rather than a few days. He felt that such a sale would appear to be fraudulent and if there is an ordinance regarding this type of thing perhaps there should be some consideration for using it and if there is not such an ordinance there should probably be a determination of what the legality is. Mr. Parness replied that this subject was reviewed in the past and all kinds of problems were brought to light and as he recalls an ordinance was passed which only regulated auctions which happen- ed to have been a subdivision of the major topic but the "quitting business" sale was deleted due to the problems encountered and the problems were primarily over definition and regulation. Cm Miller stated that he views this as taking unfair advantage of competition with those merchants in the community who are abiding by the rules and are taking an unfair beating and would like to see if there could be some way for allowing some equity. The City Attorney commented that if someone can furnish a state- ment of the facts he would be happy to see if there is something that can be done about this type of business under state law and take the matter to the District Attorney. (Action re LAFCO Decision) Cm Futch commented that the Council should discuss the procedures that might be taken against the LAFCO decision and suggested that it be discussed at the next meeting, perhaps in the executive session that has been scheduled. (re Gen. Plan Procedure) Cm Tirsell wondered if there is some type of staff report available regarding how the Council should proceed with the General Plan review since the Steering Committee has heard all final reports and the Council must adopt the open space report and one more hearing is scheduled for the Housing Committee. Mr. Parness reported that under Council direction interest is being received from a number of Planning Consultant firms that have been specially selected and would like to recommend a process for making a selection. Perhaps this could be submitted along with the reports and can be ready for the Council in a couple of weeks. CM-28-52 April 1, 1974 (Alameda County Bi- centennial Meeting Rep.) ( \. Mayor Pritchard stated that the Alameda Bi-centennial Meeting is being held in the County building in Hayward on Thursday at 4:00 p.m. and would like to ask Mr. Bradley, the City Manager's Assistant, to represent the City and get an idea of what is going on and report back to the Council. (EPA Hearings in Los Ange- les - Send City Attorney) Mayor Pritchard stated that the state Air Resources Board is having a hearing on April ll, 1974, in Los Angeles, and would like the Council to give permission for our City Attorney to attend this hearing. It is very conceivable that a decision may be made to elimi- nate the residential element as an indirect source of air pollution. The Council agreed that the residential should be retained as an indirect source of air pollution and would like Mr. Wharton to plead our case for us. Cm Miller moved to send Mr. Wharton to the hearing, seconded by Cm Turner and which passed by unanimous vote. (re Letter from Reliance Indus. Bevilacqua Tract 26l9) The City Attorney commented that a letter was received today from Reliance Industries indicating that they have executed a quit claim deed turning over all the interests for Tract 2619 (Bevilacqua Tract) to the Kissell Company so that the Kissell Company will not have to foreclose to obtain ownership of the property north of I-580 and the construction and other plans which were contingent upon foreclosure and possession in early May may be accelerated. The Kissell Company's deed of trust does not include the park site which was a subject of a lot of discussion and concern among the residents. We are therefore, going to ask the Reliance Industries organization to dedicate the park site and hopefully they will comply with this request. (re Los Positas Golf Course Lease Prospect) Mayor Pritchard commented that the City Manager has received an inquiry from a corporation regarding the possibility of leasing the Los positas Golf Course and it is his understanding that the Council will recieve further information in about two weeks. He felt that it is important that the records indicate that the Council has taken no action and has not participated in any such negotiation, has not leased the golf course or sold it and is vitally interested in protecting the interests of the citizens of Livermore, as is the City Manager and City staff. ADJOURNMENT There being no further Council business the Mayor adjourned the ::::: at 1::#1 ~ ATTEST ~tJ-in,,-~yj'IJ'Y~~ i ~j. ty Clerk , Bivermore California CM-28-53 _'__.~_..___,._.__.~,_..M"_""'_<~~_~___'~_",,,,,-,_,_.,.".._._._~_.,,__.__..~...__,._ "'_'__"'_'__._.._.,,_,.._..__,.._ ..___,._....~.~_.,_~__."...__. Regular Meeting of April 8, 1974 A regular meeting of the City Council was held on April 8, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l5 p.m. with Mayor Pritchard pre- siding. ROLL CALL PRESENT: Councilmembers 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 On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the minutes for the special meeting of March 29th and April l, 1974 were approved as submitted. (Cm Miller abstained from voting on the minutes of March 29th due to his absence at that meeting) OPEN FORUM (Complaint re Injustice in Rehiring by City) Danny E. Walkenshaw, 5528 Oakmont Circle, reported to the Council on what he feels has been an injustice done to him by the City of Livermore in not rehiring him since he is a former police officer and current applicant for fireman. He stated that he was a police officer for nine years and resigned with a satisfactory record and has passed the tests required for hiring as a fireman. He pointed out that he knows of four firemen who have been hired since this time and asked that the Council investigate the hiring practices taking place within the City of Livermore. Ray Weingarner, 736 Adams Avenue, President of the Livermore Firemens Association, presented a letter to the Council endorsing Danney E. Walkenshaw as a successful applicant for the position of fireman on the Livermore Fire Department, and read the letter of endorsement to the City Council which he stated was signed by all members of the Association with the exception of two members who were not contacted. The Mayor explained that this is a personnel matter which the Council will discuss in an executive session. The matter will not be open to public discussion. (Complaint re Sidewalk Damage) John Holland, 2376 Avon Place, reported that he moved to Livermore in June of 1973. His sidewalk was inspected in July of 1973 and was approved, and that since this time the sidewalk has sunken about 5 inches. He has been told that Sunset Development posts a bond for this type of work but that the bond has expired and that this repair would have to be done at his expense. He feels that it is still the responsibility of Sunset Development and was told by the City Attorney's office that he should report the matter to the City Council. CM-28-54 April 8, 1974 (re Sidewalk Damage) Mr. Parness was directed to look into the matter and report back to the Council with the facts. ~ PUBLIC HEARING RE CLOSING AND ABANDONMENT OF PORTION OF SOUTH "Q" Mayor Pritchard stated that there has been no written testimony regarding closing a portion of "Q" Street (adjacent to Safeway) and opened the public hearing to hear objections to the closing and aban- donment of the portion north of First Street to the Southern Pacific property. It is recommended that following the close of the public hearing a resolution be adopted to abandon the street. There being no public testimony, on motion of Cm Tirsell, seconded by Cm Futch and by unanimous vote, the public hearing was closed. em Turner moved to adopt a resolution to abandon South "Q" Street, seconded by Cm Miller and passed by unanimous vote. RESOLUTION NO. 5l-74 A RESOLUTION ORDERING THE CLOSING UP AND ABANDONING OF ALL THAT PORTION OF SOUTH Q STREET IN THE CITY OF LIVERMORE, AS SAID PORTION OF SAID STREET IS PARTICU- LARLY DESCRIBED IN RESOLUTION NO.39-74 OF THE CITY OF LIVERMORE DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE ON MARCH l8, 1974. MATTERS INITIATED BY THE STAFF (re League Bulletin - Disclosure Laws) The City Attorney reported that a bulletin was received from the League of California Cities indicating that the provisions of the recently enacted disclosure laws have been suspended until such time as the Supreme Court decides its constitutionality. The Council briefly discussed the issue and did decide to file their statements as a way of showing support for the concept of the law. (Board of Supervisors Hearing - Jensen Ranch EIR Report - Request for Continuance) The Air Pollution Study Committee has indicated that the County Board of Supervisors will be hearing a proposal for development of some l797 homes in the Crow Canyon, Castro Valley area. An appeal was submitted from several committees and associations regarding the evaluation of the preliminary development plan. The Council discussed the proposal briefly and decided to request the Board of Supervisors to forward to the City a copy of the EIR so that our Study Committee could examine its contents and further, that the hearing be continued to provide time for assessment of the report and an opportunity for submittal of our comments. CM-28-55 April 8, 1974 (Discussion re "Going Out of Business" Sales) Cm Turner indicated his interest in the possibility that the sign ordinance should be reviewed to determine if anything could be included which would regulate the "going out of busi- ness" sales and this type of activity. (re Appointments to the Transit Committee) Discussion was held with regard to the possibility of Council appointments to the Transit Committee rather than to request the stated organizations to submit their representatives. The City Manager informed the Council that he had already noti- fied all organizations and after some discussion on the subject, including a motion made and withdrawn to throw open nominations to the whole community, it was decided to review the appointments in one year and to remove those members not attending meetings. A motion was made by Cm Miller, seconded by em Turner, which passed unanimously, to adopt a Council policy that all committees and commissions be appointed by the Council, unless they are desig- nated as "volunteer" committees. The City Manager informed the Council that all committee members would be briefed on the Council's concerns at the time of the organizational meeting. (Real Estate Signs) Cm Miller expressed concern regarding the use of A-frame signs advertising real estate sales and also the use of flags. It was suggested that the police officers should be picking up illegal signs. ADJOURNMENT The Council then adjourned at 9:00 p.m. to an executive session to consider appointments to the Beautification Committee and Plan- ning Commission and other personnel matters. ATTEST Cl.ty Clerk Livermore, California APPROVE CM-28-56 Regular Meeting of April l5, 1974 A regular meeting of the City Council was held on April 15, 1974, 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: Councilmembers 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 On motion of Cm Futch, seconded by Cm Tirsell and by unanimous vote, the minutes for the meeting of April 8, 1974, were approved, as submitted. OPEN FORUM (Request to Serve on Beautification Committee) Elizabeth Mondon, 5873 Singing Hills, stated that she would like to be considered as a candidate for a member to the Beautification Committee and that she has submitted her letter to the Mayor. P.H. RE NORTH FRONT ROAD ANNEX #l The City Manager noted that if, after the public hearing has been closed, it is determined that a majority protest has not been received for the annexation of "North Front Road Annex No. l" the Council may proceed with a resolution declaring no majority protest and an ordinance of annexation may be introduced. He then gave an oral report concerning the history leading to the annexation of this area, noting that the annexation is for unin- habited territory north of I-580 and would be highway commercial in nature. At this time the Mayor declared the public hearing open. It was noted that no written correspondence of protest has been received regarding annexation of the property and none was orally voiced: therefore, on motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the public hearing was closed. On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, a resolution declaring no majority protest was adopted. RESOLUTION NO. 52-74 RESOLUTION FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AT THE PROTEST HEARING HELD PURSUANT TO SECTION 35313 OF THE GOVERNMENT CODE OF THE STATE OF CALIF- ORNIA ON "NORTH FRONT ROAD ANNEX NO. l". Cm Miller moved to introduce the ordinance annexing the area known as "North Front Road Annex No. I", seconded by Cm Turner which passed by unanimous vote, and the title was read by the City Attorney. CM-28_57 April 15, 1974 P .H. RE GENERAL PLAN AMENDMENT (Circulation Element) The Planning Director explained the changes proposed in the General Plan for the Circulation Element area bounded by First Street, parallel to and 200 ft. north, Western Pacific Railroad right-of- way and Arroyo Seco and I-580. Cm Miller wondered why the light industrial across from the residen- tial area had been changed to industrial and Mr. Musso explained that this could be a zoning matter and be light or heavy industrial. This was followed by discussion regarding the distinction between light and heavy industrial and the comment made that it is anticipa- ted that in time the distinction will be removed from the General Plan. There was also discussion regarding multiple zoning near the rail- road tracks. Mayor Pritchard opened the public hearing for receiving public testimony on the proposed General Plan amendments. John Allen, resident at the corner of Martin and First Street, stated that in his opinion the area between First Street and the railroad tracks should be commercial zoning because of the amount of traffic on First Street and due to the fact that there is some commercial located there now. The size and shape of the properties involved do not lend themselves to multiple development and the heavy traffic and noise should be a consideration. He suggested that some type of use be permitted that could operate during the day and close during the night so that the noise factor could be tolerated and pointed out that the noise from the trains is a nuisance and there is talk of placing the two railroads together which will create twice as much noise. He stated that this is not residential property - it is highway frontage, on a highway, adjacent to a railroad and should not be developed residentially, and would like to protest the Planning Commission's findings. There being no further oral comments voiced, on motion of Cm Turner, seconded by Cm Tirsell and by unanimous vote the public hearing was closed. Cm Miller stated that he owns a piece of property on Martin Avenue and any discussion of Mr. Allen's property or the Hosker Lane area would be a conflict of interest if he were to take part and would therefore decline to comment or vote on these parcels. Cm Futch moved to adopt the Planning Commission's recommendation for all the areas discussed, seconded by Cm Turner. Cm Tirsell stated that most of the people who spoke at the public hearing held by the Planning Commission were in favor of retaining the residential use for the property north of First Street and would be opposed to any use that would commercialize this property. The Planning Commission was concerned about this and felt that the residential character should be preserved. Cm Miller felt that the access problems make it very unlikely that the properties north of First Street would become commercial and feels that it is not necessary to continue to generate highway commercial at every interchange. With respect to the industrial (~\ \ CM-28-58 April IS, 1974 (Discussion re General Plan Amendment) c area, he felt that the three industiral zoning categories with different coverage should remain and if I Zoning is allowed it will mean that the City will be pressured for the highest intensity use possible. There was more discussion regarding the three industrial zoning categories which Cm Miller and Tirsell felt were necessary, while the Planning Director defended the proposal to use an I Zoning that would be all inclusive. Cm Miller felt that allowing commercial development along First Street such as the approval of the furniture store, Codiroli Ford, and Diamond International, was not the wisest choice the Council could have made and considers it a mistake to continue with in- creasing the commercial development in this area. He stated that he would argue that these properties remain ID. Cm Turner stated that he would agree with the comment made by Cm Miller, in part, in that a portion of the area has already been allowed commercial development and feels that this certain area may as well continue to develop commercially but would like to stop the other areas from obtaining conditional use permits or variances for commercial development when they are not in a commercial zone. He mentioned that in considering the Judson property he feels that commercial would be the best use for the land. Mayor Pritchard stated that the Judson property will have a hard time being developed as commercial due to the access problems and particularly if the Arroyo Seco is developed and would therefore suggest that this not be changed from the current zoning planned. He felt that the I District should be for light industrial and that the pattern for commercial has already been established in the area of Codiroli Ford and would agree with Cm Turner that this area should be allowed commercial development. He felt that the portion designated RG-l6 for multiple dwellings is a bad choice as he would not live there and feels that others would not want to either - this property is adjacent to the Western Pacific Railroad tracks and parallel to First Street which is a highway. _;-x~~~~ em Futch moved that the area shown to beeemmeraial (south of First Street from the railroad tracks to the back lots of Trevarno Roa~ be left as ID Zoning, seconded by Cm Turner,c.J~..c.4: ~.L~~. r' em Tirsell commented that when the CS Zone was propos~d it-~as done with the understanding that there are many uses which require large amounts of land, such as automobile sales and that CS was developed to screen certain uses, such as retail sales, and feels that this is the best use for this property. ~ em Miller stated that he finds the argument about protecting these areas from commercial development by requiring a CUP to be very depressing because he has seen case after case in which it has been argued as to why a CUP should be granted for this business and that. He feels that it is very hard for a Council to withstand the pressure put on them for approval of a CUP when the time comes and pointed out that such was the case when Codiroli Ford was allowed development on First Street rather than the area designated for this type of use out by the Portola I-580 interchange. CM-28-59 '"..u...____..._"......u........_________.._______.___..__.._____._,_.._,,__ April l5, 1974 (re Gen. Plan Amend.) David Eller, 3797 Oregon Way, felt that it would have been nice if all the automobile agencies had located in one area and asked where the next area of pressure will be when all the commercial has been filled up in the area proposed for commercial development on First Street. He pointed out that he was once a resident of Livermore and has been away for a few years and that an area that was once one of the nicest areas has become ugly because of ticky tacky development that was allowed to occur. ~~~~~ At this time the Council voted on Cm Futch's ~~~ailed ~ 2-3 with Cm Futch, Turner and Tirsell dissenting. Cm Miller stated that he would like to resolve the Judson property question once and for all and that in a moment he will make a mo- tion to remove that parcel from the table. He stated that the part that bothers him regarding the Judson parcel is that it was turned into commercial, in the County, by Mr. Judson when he sold off the parcel for a gasoline station and commented that the first law of zoning practices is that you never reward someone for his own mistakes or creating his own problems and that the Council should perhaps consider not having this as commercial property. He then moved to remove that parcel (on First St. next to I-580) from the table, seconded by Mayor Pritchard, and passed 3-2 with Cm Futch and Tirsell dissenting. Mayor Pritchard noted that there is a motion on the floor at this time to accept the Planning Commission's recommendation and there was discussion regarding the legal point of order for making a mo- tion to remove something from the table when a motion exists re- garding the item. Cm Futch stated that he would like the legal point of order straight- ened out and the City Clerk explained that taking something from the table takes precedence over everything else so the procedure was proper. Cm Miller moved to amend the main motion to state that the area on the west side of First Street, just south of I-580 (the Judson property) not be labled commercial on our General Plan amendment with the exception of that parcel which already exists and has been developed commercial, seconded by Cm Tirsell. Cm Turner stated that he feels the property zoned residential is an improper use for that area and would be in favor of commercial. Cm Futch commented that it was his hope that if the applicant could show satisfaction of the conditions for rezoning the area to commercial that he would be in favor of this but feels there is no choice at this point but to vote for the amendment. Cm Miller stated that he would like to explain that there may be many such areas in Planning Unit l2 that are unsuitable for resi- dential development but there are development rights associated with them which can be sold and this is one of the parcels that can fall within this category. The property owner could sell the development rights for development elsewhere in Planning Unit #l2. At this time the Council voted on the amendment which passed 4-l with em Turner dissenting. CM-28-60 April 15, 1974 (Gen. Plan) ( At this time Cm Turner called for the question on the main motion and Cm Miller commented that if the Council could separate the portion of property regarding multiple dwellings (near the tracks) he would be able to vote on the main motion and could abstain from any motion on the multiples. Cm Futch moved that the Council adopt the recommendation of the Planning Commission for'RC l6\~r/the parce~ nea~ the railroad tracks, seconded by Cm Turner.~~>4t.7>~~~~ Cm Tirsell moved the question, Cm Turner withdrew his second on the motion and Cm Tirsell withdrew the motion to move the question. Mayor Pritchard repeated that this parcel recommended RG-16 near the railroad tracks is the worst place in the City for development of multiples. ~~~~ I At this time the Council voted 3-1 in favor of em Futc~~~l'~~ to adopt the Planning Commission's recommendation for . for the parcel adjacent to the railroad tracks, with Mayor Pritchard dissenting.and Cm Miller abstaining (due to his conflict of interest in owning property in this area). At this time the Council voted on the main motion, including the amendment, to adopt the Planning Commission's recommendation which passed 4-l with Mayor pritchard dissenting. The motions were followed by discussion regarding the bike path after a brief explanation of the proposal by the Planning Depart- ment Director. At this time the Mayor opened the public hearing to hear public testimony regarding the bike path proposal. Glen Dahlbacka, ll38 Aberdeen Avenue, stated that several streets come to an end on the arroyos and wondered what plans have been made to connect the bike paths so that there is a continuous pattern where the street ends and the bike trails which Mr. Musso explained is a different case than the matter at hand, but the answer to Mr. Dahlbacka's question is, no, there is no corridor from the end of Florence, for example, to College Avenue. Mr. Dahlbacka explained that he uses the area between these streets quite often and it is really a problem and would like to see some type of connection considered. Robert Wendt, 319 Elvira Street, asked the Council to take into consideration that as a general rule the two-way bike paths are hazardous but not to close the door regarding them. At this time the public hearing was closed on motion of Cm Turner, seconded by Cm Miller and by unanimous vote. Cm Tirsell moved to adopt the recommendation of the Planning Com- mission regarding the bike paths, seconded by Cm Turner which passed by unanimous vote. RESOLUTION NO. 58-74 RESOLUTION APPROVING GENERAL PLAN AMENDMENT ZONING P.H. RE ZONING OF ARROYO ANNEX NO. 3 The Mayor opened the public hearing regarding the assignment of a zoning category to Arroyo Annex No. 3 and an enlarged area of con- sideration including property contiguous and south of the subject annexation which was acquired for park purposes. It is the recom- mendation of the Planning Commission that it be zoned "E" District (Education and Institutions). CM-28-6l April l5, 1974 (re Zoning of Arroyo Annex #3) There being no public or written testimony, on motion of Cm Futch, seconded by Cm Tirsell and by unanimous vote, the hearing was closed. Cm Tirsell moved to introduce and file the ordinance zoning the recently annexed property to "E" District, seconded by Cm Miller which passed by unanimous vote. CONSENT CALENDAR Res. Designating Signatories Each time the signatories change in any way in regard to method of depositing City funds, new instructions must be filed with the bank for which the following resolutions were adopted. RESOLUTION NO. 53-74 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. RESOLUTION NO. 54-74 RESOLUTION ADOPTING A MECHANICAL METHOD FOR SIGNING CHECKS, SELECTING A DEPOSITORY AND PROVIDING FOR THE NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS AND THE METHOD OF SIGNING THEREOF. (Aircraft Hangar Facilities Fund Loan Account). Report re Alarm and Communication System A report was received from the Fire Chief regarding the need for fire alarm modifications due to revisions in the communication system at the new police administration building in addition to a report regarding financing of the system which was submitted by the Director of Finance. It is recommended that a motion be adopted authorizing expenditure of $5,031 for this improvement and funding in accordance with the report. Report re Proposed County Federal Aid Urban System Program The City Manager reported regarding a proposed County Federal Aid Urban System Program. The procedure as recommended would comply with federal requirements for the designation of highway projects for a federal urban aid system. The recommendation of the County is that the current Alameda County Transportation Advisory Com- mittee be the designated agency for federal programs and on which all cities are represented together with the County, District IV, Department of Transportation, MTC, AC Transit and BART. It is recommended that a resolution be adopted approving the procedure for Federal Aid Urban System Program. RESOLUTION NO. 55-74 A RESOLUTION APPROVING PROCEDURE FOR FEDERAL AID URBAN SYSTEM PROGRAM Report re Claim Damage Tidewater Sand & Gravel Co. A report received from the City Attorney regarding the Tidewater 'Sand & Gravel Comoanv indicated that the City has continually CM-28-62 April IS, 1974 (re Claim Damage) requested payment for damages suffered to our golf course by virtue of defective materials received from this vendor in the amount of $5,652.28 and no payment has been received. It is recommended that a motion be adopted authorizing legal proceedings. (- " Report re No. Mines Rd Improvements - Ed Hutka A report from the Public Works Director explained that the new industrial building recently completed on No. Mines Road was done under County jurisdiction but the property has just been annexed to the City, therefore the need for an agreement which would provide for the full public works improvements along the street frontage in accordance with City standards and the reservation of the necessary right-of-way for street and eventual track separation structure and bonds for such improvements as well. It is recommended that such an agreement be authorized. Report re One-hour Parking Zone - Livermore Memorial Chapel It is recommended that the Council approve the establishment of a one-hour parking zone at 3070 East Avenue along the frontage of the Livermore Memorial Chapel as the spaces are needed for the business activities. RESOLUTION NO. 56-74 A RESOLUTION AMENDING RESOLUTION NO. 129-72 BY THE INCLUSION OF 70 FT. OF FRONTAGE AT 3070 EAST AVENUE AS LIMITED PARKING AREAS Communication from County Resurfacing of Vasco Rd A communication has been received from the County of Alameda Public Works Department advising that plans and specifications are being prepared for the resurfacing of Vasco Road from North Front Street to the Livermore City Limit scheduled for this summer. Communication from Beautification Comm. re Landscaping SE Corner First St. & So. Livermore A communication was received from the Beautification Committee re landscaping of the southeast corner of First St. and So. Livermore Avenue. Cm. Tirsell commented that at the time the Planning Commission looked at the proposal there was provision for a screened parking area and wondered if some type of parking could be provided and if the Beautification Committee could make a recommendation. ~' ( Mr. Parness stated that he had intended for the Council to discuss, in detail, the landscaping for this whole corner during the budget session, but since the state is working so rapidly, he would like the Council to discuss it at the next meeting. CM-28-63 .__..".~.".---.__..--,....._,,---.-......_-,-_._--,._,.-~---~~-----"'~'---~___"_"'_'_'_'_.",m_.__._.. April 15, 1974 Communication from Brown and Caldwell Water Reclamation Plant Constr. Cost A communication was received from Brown and Caldwell Consulting Engineers giving a cost estimate for the Livermore Water Reclamation Plant Stage 3 Improvements. Minutes - Various Minutes were received from the various Boards and Committees as follows: Beautification Committee Meeting of March 6 Airport Advisory Committee Meeting of April I Housing Authority Board Meetings of March 5, II and l3 Approval of Consent Calendar A motion was made by Cm. Miller, seconded by Cm. Turner, to approve the items on the Consent Calendar including the resolutions, with the exception of Items 2.2, 2.8 (b) and 2.7 which were removed for later discussion. The motion was approved unanimously; however, Mayor Pritchard abstained from Res. No. 56-74. RECESS After a short recess the meeting resumed with all Councilmembers present. AIRPORT-GOLF COURSE SIGN By Council directive the staff was instructed to investigate the Airport-Golf Course directional sign and reports that if the sign must be removed and replaced, the cost of a new sign structure would approximate $5,000. It is felt that the sign is purely directional in nature, is considered to be quite attractive and would be costly to remove and replace, and the staff urged that the City Council once again approve the maintenance of the existing sign. Cm. Turner stated that although the City does not have to abide by the sign regulations legally, he felt that the sign should be re- moved although he did not think the $5,000 figure was correct and that it could be replaced for much less. Cm. Turner moved that the sign be abated within 30 days and ask the Beautification Committee to submit a drawing or design for Council approval, together with some cost estimates excluding labor, which he felt could be provided by the City, and hopefully keeping the price within the $500 range. Cm. Miller seconded the motion, but would amend the motion that the design be approved by the Design Review Committee as well as the Beautification Committee, which Cm. Turner agreed to. Cm. Futch stated he disagreed primarily because of the cost and questioned the City Manager regarding the cost of the proposed sign, which Mr. Parness stated to be $1500 for material alone. Cm. Futch continued that he viewed the sign as more of an entrance into the City and serves a very large facility and felt that the sign was in proportion to the area it serves and was a reasonable size. Cm. Miller stated that the proposed sign had been designed by the City staff and might cost that much, but he felt an adequate sign would not cost that much. He felt we had no choice but to abate the sign. CM-28-64 April l5, 1974 (re Golf Course Sign) Mrs. Elizabeth Mondon who had written to the Council regarding the removal of this sign, stated she could not see that a sign which would conform to the sign ordinance would cost anywhere near the $5,000 figure given. Cm. Turner suggested that perhaps the Design Review Committee could draw up the design for the sign and this was included as part of the motion. Cm. Tirsell also suggested that perhaps they could use some of the materials from the present sign. A vote was taken on the motion which passed 4-l with Cm. Futch dissenting. REPORT RE PROPOSED LOCAL JITNEY SERVICE A petition is pending before the PUC by some local residents for a permit to operate a charter type bus or jitney service within the City. Specified routes and charges are to be made with intra- city piCkup points for the morning run at the laboratory. Mr. Parness explained the routes proposed for the service and there would be eight or nine pickup and deposit points along the routes. This would require a permit from the City if they can clear state approval. The Police and Engineering Departments have been re- quested to comment, and the Police Chief stated that the service is limited and a system that could serve the high schools, Spring- town, and the business district would be far more desirable. The Public Works Director recommended that the pickup and dropoff points be engineered for minimum conflict, and that all costs for signing and benches at these points be at the operator's expense. He felt that the proposed routes looked good from a traffic stand- point. Mayor Pritchard remarked that he did not feel it was necessary to have signs for jitney service. Cm. Turner questioned why the routes did not extend to the north side of the freeway as many people in that area also work at the LLL and Sandia laboratories. Cm. Miller wanted to know who the principals are in the venture. Mr. Bob Anderson, 4142 Florida Court, stated they based their routes on a survey conducted by the Lab so they would serve as many people as possible with their minimum service. The Lab and Sandia are fur- nishing them with letters attesting to the critical nature of the situation regarding transportation. They are asking the Council for a letter backing the nature of the situation - not backing them as private individuals, just stating there is a need for this service. ( I Mr. Gigliotti, 3979 Pestana Way, stated he was Mr. Anderson's partner in the venture. When asked what type of vehicles would be used, he replied they have two vehicles, one of which is a 36 passenger school bus design; the other is a coach type bus. Cm. Futch asked if there would be any problem if this is approved and they later have a more comprehensive transit system, and Mr. Parness stated he did not feel it would be incompatible even if this system were to continue as a purely localized system. CM-28-65 April l5, 1974 (re Bus Service to Lab) rtr. Anderson read a paragraph from their application to the PUC which indicated that if the project is successful, it is their intent to expand the commuter routes by using the equipment in the off commute hours of the day as a public carrier. Mr. Anderson again asked the Council if they would be willing to write a letter supporting the concept, and Mr. Parness stated that if the Council wished the staff to write such a letter that it be made contingent upon the applicants eventually filing with the City an application to be granted a permit for these services according to the local rules and regulations, and that their route stops and pickups and any facilities or appurtenances they want to use be subject to the approval of the Police Department and Director of Public Works. Cm. Miller moved that the staff be directed to write an appropriate letter, supporting in principle the application for service together with the conditions stated by the City Manager. Motion was seconded by Cm. Tirsell. Glenn Dahlbacka, ll38 Aberdeen, asked if a letter from the Council might influence the rates that would be charged. The City Attorney explained that the PUC would approve a rate struc- ture, and rather than getting into the business arrangements proposed, he felt the thrust of any letter to the PUC should emphasize the need for the service rather than an endorsement of the application or route structure or anything else. In answer to Cm. Futch's question he remarked that these permits are subject to annual re- newal in the event there is any duplication of service. Mr. Gigliotti stated that with regard to the rate structure, they had to submit one to the PUC when they submit their final application. PUC controls them as far as raising the preliminary rate structure. Stephen Paich, 335 Covellite Lane, asked who would be funding these buses, and was told that it was private enterprise. A vote was taken on the motion at this time and passed unanimously. REPORTS RE PROPOSED AMENDMENTS RE LAVWMA (Joint Powers Agreement) The Regional Water Quality Control Board staff, including their legal counsel, has suggested several changes in the existing joint powers agreement. Most of these matters have been discussed by the LAVWMA Board and referred to the respective agencies for con- sideration of amendments. Councilman Futch explained that there were a number of changes that were minor in nature and were just clarification as to what was meant by the wording and were not controversial, and he did not feel there was any need to discuss those. Two changes were more signifi- cant - l) definition of the electorate, which had been defined as the separate electorate of each jurisdiction, so that approval of an item would have to go to each jurisdiction separately. The Regional Water Agency decided that the electorate be defined as consisting of the entire valley which was adopted by five of the six members of the agency, with Councilman Miller dissenting. He did not feel the City would be placed in jeopardy by going along with this since we have approximately 50% of the population. The other item which created a little more discussion was the amount of money to be expended before going to the vote of the people. Previously CM-28-66 April 15, 1974 (Amendments re LAVWMA) the wording had been $2.5 million inclusive and the Regional Water Board suggested that the wording be changed just by changing the word "inclusive" to "exclusive". Councilman Futch explained the signifi- cance of this change, however he felt that if support of the schools, future city halls, parks and so forth~Qst go to the vote of the people, we should go to the vote of the people for other items in the same manner, with approximately the same costs involved, so he proposed $l million exclusive, which would allow an $8 million facility to be built without going to the voters. He further felt that there was no question but that the City had to meet the standards dictated by the Regional Water Quality Control Board and did not think that the $l million exclusive would allow any funds over what would be re- quired to meet those standards for the present population. His pro- posal failed to get support and Councilman Miller felt that sum was too large to approve, and the other members of the agency felt it was too small, and the end result was that the wording should be "$2 million exclusive", and that this proposal should be presented to each jurisdiction,/~~~n~ is now asking for Council approval. He ~cerned that ~he~e~l approve something so large that it will dictate unreasonable gro~however he expects that the growth rate will be reduced over what it has been in the past. BASSA's response to this concern was that we could have a consultant come in and review or change the plan if the growth rate is reduced. The questions that need to be resolved by the Council are whether we approve the change in the electorate to include the entire electorate of the valley instead of a separate electorate of each jurisdiction, and the question of the amount we would agree to change in our agreement without going to the vote of the people. Cm. Miller agreed that Cm. Futch had summarized the situation quite accurately, and presented the issues which the Council is to consider. Cm. Miller stated he would like to make an additional comment about what the underlying problems are and why there is this pressure upon them even to consider making any changes after it took about nine months to make up the contract. The reason there is discussion about changing the contract one month after it was signed is because the Regional Water Quality Control Board, its staff and the attorneys for the Board, who are the same as the attorneys for the State Board, is that they do not like the contract and it is unsatisfactory to them so the local agencies must change. Cm. Miller questioned if they have to change it, and if they do not, what will happen. If the local agencies do have to make changes, he wondered if there was any possibilities of appeal. There is a threat to bring in BASSA and have them take over, but they cannot do that without being invited by a local agency. It is conceivable that the Zone 7 or the County might do that, but if there already exists an agency designed to handle it, he suspected that the legal road by which BASSA would come in would be a very rocky one if they chose to fight it. There is a case for saying they have worked out an agency which will do what the local jurisdictions claim it will do and the regional agencies do not have full right to make the local jurisdictions change. They could also say they are not going to make any changes at the request of the Regional Board because there is a mechanism for appeal, namely to the State Board as they have overruled Regional Board many times. His argument at the LAVWMA meeting was that they should stick with the contract and appeal to the State Board, however that was not the opinion of the other representatives as they are concerned as to what might happen if they do not make the changes. Cm. Miller Felt they should hang with the signed contract, appeal to the State Board, and in the meantime do all the things the time schedule requires. Mayor Pritchard asked if we pursued this course and the other jurisdictions did not, where would we stand, and Cm. Miller replied that as he saw it the contract cannot be changed unless we sign it; also there is one member of the VCSD Board who does not want to see any changes and is willing to fight it and he felt that the VCSD representatives would prefer to have the contract left as it was, but they are worried about the pressure. CM-28-67 April l5, 1974 (Amendments re LAVWMA) Crn. Futch stated we do not have to agree to a change in the contract, but BASSA is holding a hearing on May 15 to determine who will be the agency to handle the water management for the valley, and they may reject the joint agency which they have formed unless they show a . reasonable attitude, so he felt there was a risk involved if thefett do not agree to the changes. (~~L-/lIIWNIf~ Mayor Pritchard asked the City Attorney who they would appeal to~ they did not like BASSA's decision. Mr. Wharton stated that the time table and the circumstances are critical as he sees it as an observer. The Regional Water Quality Control Board meets tomorrow and is expecting a progress report from the Water Management Agency as to how far we have come since their last meeting when we gained a thirty day reprieve from extinction, and they expect enough of an operating plan by a month from tomorrow so they can cast their lot with us. The Regional Board does have options as to who they will recognize to deal with the water pro- blems in the valley, and the local jurisdictions have offered a parti- cular mechanism for doing that. The attorneys for the Regional and State Boards feel that the terms of the agreement are not as tight as they would like even though they happen to be geared to the political jurisdictions in the valley, but those agencies who are uncomfortable with the language are the ones who will bestow the funding. So we may have an agreed upon satisfactory document creating an agreed upon satisfactory agency that will never be eligible for one thin dime. Some of the efforts at negotiation have led to the compromise explained by Cm. Futch, but there is no assurance that language will necessarily be satisfactory. Under the existing law BASSA is the most logical agency to deal with the valley water management problem because they are established by state law to do just that and they are under their own legislation and by direction of the State Board to hold a hearing on May IS to determine some of the considerations that must be weighed in deciding who can run a satisfactory valley water management program. That has been dictated by the State Board in a resolution and it seems that the local juris- dictions are being challenged to prove our serious intention to deal with the problems as a unitary body, and that is the whole point. The areas cited by Councilman Futch are those where we needed more demonstration of a unitary view of the problem. with respect to BASSA's authority, we have no prescribed appeal, and if he might describe it this way we are in a position of competition with them, and the question is which one will be qualified when they award the funds. The Mayor questioned the possibility of going to court and the City Attorney explained that he is not sanguine about the prospects of challenging the Regional Board as nobody has the right to a grant to run a program - it is a matter of qualifying and if for some reason one does not qualify you cannot really sue the state for one. If the rules are unreasonable and unfair as well as discrim- inatory there may be a chance for a suit but he stated that he does not see this to be the case. It would appear that although the guidelines are not crystal clear they are reasonable and are inten- ded to help this agency be funded. A consideration must be made as to whether we wish to bend far enough to be funded and if we are losing more than we are gaining by doing so. Cm Miller stated that the meeting with the Regional Board tomorrow has to do with timetables and how we are getting started with our CM-28-68 April 15, 1974 (Amendments re LAVWHA) water management plan and the same thing is true of the meeting to be held on the lst of May. It is true that these schedules are pressing but those things which are heavily pressing have to do with actually getting to work on the plans. As far as the contract, as long as we are doing what are required of us, nobody can argue that the contract is impeding the progress. Secondly, it is true that LAVWMA could become an agency that is never funded but as pointed out it is the State Water Board that does the funding. The Regional Board is only advisory in nature and the State Board has the final authority and does the funding, and is the reason he has suggested that while we are working through the Water Manage- ment Plan the question of the contract can still be appealed to the State Board explaining the reasons we wish to retain our contract for use for water management in the Valley. It is true that we may have to concede something to begin with and the suggestion made by Cm Futch for the three electorates may not be as simple as what Cm Futch has indicated. He stated that many of these things can be taken care of by majority vote and any two of the electorates at this point could out vote a third one which could mean that two of the agencies could provide a project which has no value to the third and force the third to pay for part of the project. He felt there is merit in retaining the three electorates but if we have to make a concession this may be one to make but feels that we should not concede on the size of the project. He felt that a capital project of any size should be put to the vote of the people and this argument could be taken to the State Board without the possibility of being shot down. He urged that we follow the process of appeal to the State Board and say to them that we may concede on the three electorates as LAVWMA is willing to do even though he is personally opposed to such a concession but if such is necessary we could concede. We should not concede a thing on the $2~ million, inclusive, and this is worth taking to the State Board and we can be polite in dealing with the state and Regional Board. Cm Futch moved that the Council approve the changes of the electorate to consist of the electorate of the entire valley instead of that of the separate electorate of each jurisdiction and to formally approve the miscellaneous languange changes that have been composed by the City Attorney on everything except for the item regarding the amount, seconded by Cm Tirsell. Milo Nordyke, 2143 Chateau Way, wondered if the wording "elector- ate of the Valley" is the amendment the Regional Board is suggest- ing or the electorate of the three jurisdictions and Cm Futch explained that he believes this is the electorate of the three jurisdictions which the City Attorney commented is correct. At this time the Council adopted the motion by a 4-l vote with em Miller dissenting. Cm Miller moved that the City of Livermore continue the "$2.5 million inclusive" for the time period it takes LAVWMA to appeal to the State Board, seconded by Cm Turner for discussion purposes. (~ I Mayor Pritchard stated that he intends to vote for this motion be- cause he feels it is much more critical than the last motion and that it is very important for the City to be able to protect the citizens of Livermore from action suggested by the Regional Board. Even though a little more than 80% of the money will be CM-28-69 .-.----.-..--....... - .'.-" " _.-".......__..._-,.._----~-_._._~...,.~--"-_...~---_.~_..-..--._._.-...__."-------_..-.._~_.~..__....,..-._.,,-...._-_.._--,~_.".- April lS, 1974 (~endments re LAVWMA) funded outside of the City but this money is still taxpayers' money and regardless of the cost of the project the people should still have a say as to how this money should be spent. Cm Turner felt that representatives are sent to serve on the board and in his opinion they should have some power and that it is not necessary to put everything to the vote of the people. The City Attorney explained that he would like to clarify something about the dollar figure involved and stated that the LAVWMA Board (which includes six elected officials - two from each jurisdiction) has the power to place anything on the ballot it wishes and may take action up to whatever the set amount is without placing it on the ballot, but it must place on the ballot anything which represents a local contribution over $2 million, so the discretion of the LAVWMA Board may be exercised on matters where less than $2 million in local funds is involved. Cm Miller commented that one of the VCSD members said that she would never consider a big project without submitting it to the voters (one of the board members) but the point is she may not be there two years from now when there is a $20 million dollar project. He pointed out that the problem with the $20 million dollar project that does not go to the vote of the people is that people who are not directly connected to the voters through LAVWMA can get the first stage of a Doolan Canyon project started despite the fact that it may not be the right way to go. The way these contracts may be funded other than bonds are very high sewer service charges which would be required to pay for the project if the high growth anticipated to fund the Doolan Canyon project does not occur. Since the growth rate is expected to be lower and since the state is assuming lower growth rates because of the air quality question we can expect to have enormously high sewer service charges or to have to build sewer plants and spend capital money to get the growth to relieve the pain of the cost of this project. There should be some way the people will have a say in what they are going to have to pay for and was the reason the $2.5 million inclusive was added. Cm Futch pointed out that BASSA is going to make a decision on May l5th and means that we do not have unlimited time to come to some conclusion and feels that we really have lost the oppor- tunity to get others to go along with our original proposal and in view of the fact the April l5th date is approaching we had better look for another compromise or go along with the $2 million dollar figure or we will receive an unfavorable recommendation from BASSA to the Regional Water Board about our funding and we will not receive the funding. The City Attorney felt that one aspect of the joint powers agreement that has not been discussed should be mentioned because it offers another choice in the event of discontent with the course of events, and that is the provision for withdrawal from the joint powers agency. The City Attorney commented that at this point the only considera- tion is regarding a structure for making a decision and there is no preconceived decision built into the structure which is being recommended, it is natural that some decisions will be won and CM-28-70 April IS, 1974 (Amendments re LAVWMA) I ( some lost, just as on any deliberative body; however, the changes being discussed tonight go only to the structure of the organization and the way the local government will participate in it and does not necessarily commit the joint powers agency or any of the cities to a particular project. With a withdrawal provision, anyone of the jurisdictions can withdraw if they are unhappy with the course of decisions actually made when the water management options are presented. Cm Miller stated that this is exactly the point - the state wants the withdrawal provisions removed also, and the City Attorney felt that there should be some means for withdrawal. The City Manager felt that it is doubtful that something will be staged surreptitiously because the entire capital investment of this newly formed agency is going to be subject to the severe monitoring and guidance of the Regional Board and State Board together with BASSA and they are not going to allow any such practice of getting around any provision which might be inserted to subvert the intent of the contract. He added that the approach of the Regional Board was that these kind of mechanisms must be strong and properly worded. There are five other such agreements that have been implemented, and reportedly, ours in their assessment is the weakest that they have looked at and for some of the reasons that were listed by the State Attorney. They intend to see that the weak points are erased or modified substantially. He pointed out that this is the attitude of the Regional Board staff and he would expect that this view would be transmitted to the State Board staff. There is precedent that they can point to such as the San Francisco Bay Area, in which other agencies are operating with very stringent regu- lations. em Miller stated that the Regional Board does not want a withdrawal provision and if we give in then any protection we could possibly have would be gone. The question of withdrawal is unresolved and will remain unresolved at the time of the BASSA hearing and if we appeal on the $2.5 million dollar, inclusive, vs. $2.5 million dollars, exclusive, it will also be unresolved at the time of the hearing so the point and motion is not that we will never agree to anything except $2.5 million dollars, inclusive but says that we will not go for anything except $2.5 million dollars inclusive until after an appeal has been submitted to the State Board. The point is that while we go through the operating phase and public hearings with BASSA we can say to the state that these are disputed contract provisions and we are intending to appeal them to the State Board and when they are resolved the City will make whatever changes are required to be made and in the meantime we will be proceeding. He felt that the BASSA people will not object to this as they are aware that there are some questions over the contract and would like to see it resolved but are not enormously alarmed over the matter and in his opinion this would be the reasonable course of action to take on behalf of the people of the Valley. It is simply a matter of an appeal to a higher authority and can see nothing wrong with being honest about the matter. ( Cm Futch felt that Cm Miller implied that the people should have some right to appeal but this is not the point being questioned. The only argument is the amount - the motion refers to $2.5 million rather than the principle involved. CM-28-7l April l5, 1974 (Amendments re LAVWMA) Cm Tirsell wondered what the consensus of op1n1on is regarding the withdrawal provisions and the City Manager felt that discussion of this should be delayed until we see what the attitude of the Regional Board staff is with regard to the withdrawal provision. We do not know their attitude as yet, but it should be received very soon. The City Attorney felt that they will accept the withdrawal provision because some of the other agreements found to be acceptable have included withdrawal provisions. He felt that the question is not whether or not one should be included but rather what it will say. David Eller, felt that the citizens of Livermore should not have to buckle under to the Regional Board and that we should not have to subsidize the growth in Pleasanton and Dublin and stated that he is not as optimistic as Mr. Parness or Cm Futch when it comes to environmental control. He felt that in the future, what certain citizens desire in other areas may not be the same as what Livermore wants and yet we may be required to go along with them on large pro- jects. At this time the Mayor called for the question and the motion made by Cm Miller to appeal to the state while sticking with the $2.5 million dollars, failed 2-3 (Cm Turner, Futch and Tirsell dissenting). Cm Tirsell moved to commit ourselves only to $l million dollars, seconded by Cm Futch for discussion purposes. Cm Futch stated that the $l million dollar figure has been rejected, and it might not be reasonable to take it back to LAVWMA. Cm Tirsell stated that she, personally, would not want to obligate our citizens to any amount of money unless they are able to vote for a project and would like to negotiate a sum of money one more time and perhaps the Council might come up with a sum to discuss with them. She added that she feels concern over the withdrawal provision and that any of the jurisdictions should have the ability to withdraw from any project that may be detrimental to their own jurisdiction and amended the motion to delete the $l million dollar figure and to say that the $2.5 million dollar limit is not accepta- ble, seconded by Cm. Futch. Cm. Miller agreed with Cm. Tirsell that every capital project should gO to the voters, and in fact was the original suggestion, but they finally had to compromise for $2.5 million inclusive because the people wanted an upper limit through which the agency could operate. The whole intent of the Livermore representatives at the time was to accomplish precisely what the Council wanted to have happen. What has happened now is that the protection that was built in by them is being weakened by the pressure of the Regional Water Quality Control Board. They must reach a compromise, and he pointed out again that the final authority is the State Board and no one else, and they should try to hang in with what we think is the best. Mr. Wharton pointed out that at this time all available options with respect to the dollar amount are not equally accessible to us. You may convince the other two jurisdictions as to a certain amount, but you still have to convince the State and Regional Boards before BASSA makes itself eligible and available for the funding. Although they may come up in July with an agreement that makes everyone in the valley happy, you may not be the designated agency. To propose an alternative now when the other two bodies are perhaps voting to gO along with the proposal will set off another cycle of discussion which he felt would only lead to a dead end. CM-28-~, April l5, 1974 (re Amendments - LAVWMA) Cm. Miller commented that if you form an agency of this kind because you are going to do what you are told, why not allow a larger agency to handle it in the first place instead of wasting time amending a contract. If they are going to try to protect the people in the valley, they should have conditions in the contract; if they do not wish to protect them, then they should let the Regional Board tell them what to do, and in fact, BASSA might even do something better for us. He did not feel we should waste our time amending a contract when there is still the avenue of an appeal. A vote was taken on the motion at this time, however it failed 3-2 with Councilmembers Miller, Turner and Mayor Pritchard dissenting. Cm Turner made a motion to approve LAVWMA's original amount for $2 million exclusive and the motion was seconded by Cm Futch for discussion purposes; however, this motion was later withdrawn. Mayor Pritchard stated the only thing to resolve now is whether or not the City should sign the new contract in regard to the inclusion or exclusion of $2 million. Cm. Miller stated that the major issue is can the Valley Water Management agency carry out the actual projects required to clean up our effluent. We are in the process of preparing a time schedule to accomplish this and working ahead to review the Brown and Caldwell report to determine if it still applies in view of the present growth rate. That is the provision of what the City is required to do; the hassle is over the contract that operates the agency. Cm. Futch wondered if they were to set a figure, to have meaning it should be the total bonded indebtedness they would approve. Mr. Wharton stated he would have to rely on what the City Manager said that what happens with respect to this agency and the way it proposes and approves projects would have to be carefully examined at the State, Regional and local levels. If a project is going to be a $l6 million project or if it is going to be phase I of a $32 million project, it would have to be advertised that way. That is the responsibility of those on the Valley Water Management Board to make sure that the public is aware of what the project is. He felt each phase would have to meet the standard. The essence of the decision is whether or not we are going to agree to the proposal submitted back to the local governments by the Valley Water Board. He stated that by acting tonight on the proposed changes, affirma- tively, the Council is not binding anything because there is still one major section of the joint powers agreement that is open to review and negotiation. The Council is simply either standing with the other two governments involved in a presentation to the Water Board, or they are not, and their unity is to be assessed as being clear or questioned. Cm. Tirsell moved that the representatives Cm. Futch and Miller go back to LAVWMA and ask them to renegotiate the figures in the new contract and that the $2 million figure is not acceptable. Cm. Turner seconded the motion. Mr. Parness asked if in case the representatives to LAVWMA are pressed, in the event that the majority decision of the six members voting still holds for the $2 million, what would be the attitude of this Council after this subject was raised by the Council's delegates and a lesser figure was sought. A vote was taken on the motion at this time which passed 4-l with Cm. Miller dissenting. With regard to the City Manager's question, Cm. Tirsell stated she would abide by the opinion of our City Attorney that they should accept the changes that the majority have voted for. CM-28-73 April l5, 1974 (Amendments - LAVWMA) Cm. Miller suggested that the Council leave the discretion of what the figure should be and what should finally happen to LAVWMA to its two representatives with Cm. Futch to be the chief negotiator; motion was seconded by Cm. Turner and passed 4-l with Cm. Futch dissenting. The City Manager explained there was one other thing in this regard, and that is the operational expense. A budget has been proposed, drafted by the staff and agreed upon by the LAVWMA Directors in the amount of $8,200 to finance the operations through June 30, and the proportionate amount would be determined for each jurisdiction based upon the formula contained in the agreement. He recommended that the Council adopt a motion authorizing our financial partici- pation in this budgetary amount. A motion was made by Cm. Miller, seconded by Cm. Tirsell, to approve this budgetary amount for the operation of LAVWMA, and the motion passed unanimously. REPORT RE EMPLOYEE RELATIONS CONSULTANT A report was presented by the City Manager regarding entering into an agreement for labor relations services with the Industrial Employers and Distributors Association. It was felt that such a firm, with its experience in labor relations in both the public and private sector, could greatly assist the overall communications process of employer-employee relations as well as in assisting the City to reach equitable agreements to all concerned. The proposed agreement calls for the City to pay dues to I.E.D.A. based on the number of employees within a bargaining unit. Based on the amount expended for negotiations with the Fire Department alone it is believed that such an agreement would more than pay for itself in benefits accruing to the City. Cm. Miller moved that the Council adopt the City Manager's recom- mendation; seconded by Mayor Pritchard, and the motion passed unanimously. RESOLUTION NO. 57-74 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Industrial Employers and Distributors Assn.) REPORT RE STATE ALLOCATIONS INCIDENTAL COMMITMENTS The City Manager reported that as part of the staff negotiations with the State Department of Transportation seeking an allocation, it was requested that the City's commitments be given on two subjects: l. That all costs associated with the relocation of the Southern Pacific tracks will not be included for submission to the State for financial participation. This is as consonant with the interpretation of the State by the State counsel. 2. Since the State would be participating in the cost of providing bicycle pathways the State counsel insists that the City insure that an ordinance will be adopted prohibiting the traffic on the vehicle traveled portion of the underpasses. So as not to cause any delays a letter has been transmitted to the State to this extent. It is recommended that a resolution be adopted ratifying this state- ment of intent. CM-28-74 April l5, 1974 (re State Allocations) On motion of Cm. Futch, seconded by Cm. Miller, and by unanimous approval, the statement of intent was passed. RESOLUTION NO. 59-74 A RESOLUTION RATIFYING STATEMENT OF INTENT RE STATE ALLOCATION FOR GRADE SEPARATION PROJECT COMHUNICATION RE TRACT 2619 (Reliance) A communication from Reliance Industries, Inc. regarding Tract 2619, and responding to a letter from Kissell Company which had been re- moved from the Consent Calendar for discussion later was continued to the next meeting. REPORT RE REVISED PERSONNEL RULES & REG. The current City personnel rules were adopted by the City Council several years ago and many changes have occurred, both in local practice and mandated by state and federal laws, resulting in revi- sions to our rules. In accordance with current state law this matter has been presented to and discussed with the representatives of each of our four employee organizations and all of their comments and suggestions were given due consideration for this proposed draft. It is recommended that the Council set a public hearing on this matter. A motion was made by Cm. Futch, seconded by Cm. Turner, and approved unanimously setting a public hearing for May 6. CONTINUATION OF AGENDA RE ANDERSON PROPERTY AND FIXED BASE OPERATOR LEASE .HODIFICATION On motion of Cm. Miller, seconded by Cm. Turner, and by unanimous approval the following items were continued to the next meeting: City Council referral of proposed annexation and rezoning of the Anderson property and possible amendment of Planning Unit ll, and lease modification of the fixed base operator. P. C. MINUTES Minutes of the Planning Commission meeting of March 26 were noted for filing. REPORT RE COMMUNI~Y EM- PLOYMENT & TRAINING - APPT. TO BOARD A report from the City Manager was received explaininq that by vir- ~ tue of a new federal program funds are to be made available to assist government agencies in manpower training and employment. Agencies in excess of lOO,OOO population can qualify singularly or join in a consortium. In our County, Oakland and Berkeley have elected to individually pursue this matter while Alameda County and Fremont joined in forming a consortia; hence the balance of the cities will be served by this latter group. A County training and employment board is proposed to be formed under the joint powers agreement, with representatives from each public agency. Approximately $l.l million will be available for funding for this proposal. It is recommended that a motion be adopted designati.ng one member of the City Council as official delegate and another as alternate repre- CM-28-75 - ".'-...----.---.-.--_____...._._......,._._, .,__.,~.. __'m__..'__...._____.._____.__.,._.~____...,._._________.."___"'._'__"'_."""'__"._~""'_"_"'_""~'_"""'_.__. April l5, 1974 (Community EmploYment and Training - Appt. to Board) sentative to this board. On a related matter, the joint powers establishing the Community Action Agency has now been executed and the governing board needs to be selected as well. Here again repre- sentatives as delegate and alternate are to come from the City Council and the other eight signatory agencies. It is recommended that the same delegate and alternate be assigned this responsibility as is the case with the CETA program. On motion of Cm. Miller, seconded by Mayor Pritchard, Cm. Tirsell was appointed as delegate and Cm. Turner as alternate to both agencies and the motion was approved unanimously. REPORT RE RAILROAD AVE. DEV.- RAILROAD AVE. AND E. STANLEY BLVD. INTERSECTION A report was submitted by the Planning Commission regarding the question of design of Railroad Avenue between Stanley Blvd. and P Street which had been referred to them by the Council. Cm. Futch stated that the Council had made a decision on this intersection and moved that they uphold that decision which was to approve the Planning Commission and Design Review Committee recommendation, and since the arguments were all in the minutes he moved the question; motion was seconded by Cm. Turner. Dan Hanesworth stated he was confused as to why they had spent the last month going back to the Planning Commission; the issue now is the configuration of Railroad Avenue. His problem is getting a parcel map approved and getting an engineering agreement executed between the City and Southern Pacific, and he would support any decision by the Council which would result in that. There are two factors to consider: l) there will be traffic generated into the site, including their shopping center, and 2) whatever the recommendation it should consider each of the centers. He has a legitimate interest in whatever happens to that street as they will soon be developing the balance of their property, and they feel that street will provide a very substantial means of access into the balance of their property. If the Council would approve what was indicated on their original site plan, he would be happy and did not feel it would violate the Planning Commission's recommendation. Mr. Lee stated that before the Council makes a decision he felt they would want to see a design of that intersection that was a safe one. When questioned as to whether the designs presented previously were safe, Mr. Lee stated that was not a safe design, and, in addition, it would be necessary to require additional rights of way. Cm. Tirsell stated that the Planning Commission's report merely speaks to how the traffic will be oriented and wanted to know if it was necessary to commit themselves to the exact design at this time and it was concluded that the exact design does not need to be approved at this time with Cm Futch commenting that the Council would just like to indicate that there is not to be a major flow into Railroad Avenue. At this time the Council discussed the motion to accept the basic philosophy of the traffic going from Stanley to "s" to First Street, and the amendment made by Cm Miller to begin the design of the intersection and the rest of Railroad Avenue, similar to the low- er configuration submitted by the Planning Department, seconded by Cm Tirsell. CM-28-76 April l5, 1974 (Rai~road Ave. and E. Stanley Blvd.lntersection) Prior to the vote Mr. Hanesworth commented that they are willing to work with anyone on a design for Railroad Avenue but he has been required to abide by the engineering considerations specifi- cally noted by the Public Works Department, one of which is the future dedication of property in the improvement of Railroad Avenue and his management will not enter into any agreement without know- ing what costs will be involved. em Futch stated that he cannot understand why this has not been resolved, as the Council made a decision regarding the matter the last time this was discussed and Mr. Musso explained that it had been sent back to the Planning Commission but Cm Futch stated that in addition to going back to the Planning Commission the Council had made a decision to accept their recommendation. Mr. Lee commented that the details have been worked out but what Mr. Hanesworth is saying is that now the street will have to be redesigned and the cost determined and em Miller wondered why there must be a redesign when the Council directed a different design at the last discussion and Mr. Lee explained that the Council did not make such a direction but that the matter had been referred back to the Planning Commission. At this time the design had been completed as well as the record of survey in accordance with the upper drawing proposed by the Public Works Department. Cm Futch felt that many times the Council makes a decision and due to formality, sends it back to the Planning Commission and feels that this is what took place and Mr. Hanesworth commented that as he recalls Cm Taylor had stated that this is a major consideration and the Council should not take action until it has been referred back to the Planning Commission. If Robert Wendt, commented that he can well understand the concern raised by Mr. Hanesworth and that the careful study of the align- ment of Railroad Avenue is inconsistent with the need to get this project going and would therefore suggest that the cost estimates be based on the original design which has been completed, and a bond required for not more than the cost of the old design, or some negotiated sum in order that this project may proceed. He felt that it is not in the best interest of either party to let the matter drag on and would encourage some type of negotiation for an acceptable sum of money, and pursue with great vigor, the record of survey for the new configuration adopted by the Council. Mr. Hanesworth commented that he feels this proposal, as made by Mr. Wendt, would appear to be a practical resolution but would have to make a formal reply to the Council. em Miller felt that the suggestion made by Mr. Wendt is reasonable and would like to include this in the amendment and to be based on a negotiated sum of money based on the present day cost of the previous alignment which the second agreed to. At this time the Council voted on the amendment which passed by unanimous vote, as well as the main motion to adopt the Planning Commission recommendation which also passed by unanimous vote. ~~TTERS INITIATED BY THE STAFF Request for permission to Sign Grant Application Mr. Lee asked that the Council adopt a resolution allowing him to sign a grant application for the airport land use and master plan study, so moved by Cm Miller, seconded by Cm Tirsell and which passed by unanimous vote. RESOLUTION NO. 60~74 RESOLUTION AUTHORIZING EXECUTION OF GRANT APPLICATION FOR FEDERAL FUNDS FOR MAST~R p~ AND LAND USE STUDY CM-28-77 April l5, 1974 Discussion re Annexation -(Vierra-Lomitas Ave) The City Manager explained that the Board of Supervisors is meeting tomorrow to discuss the application for septic tanks in an area that is surrounded on three sides by the City and wondered what the reaction of the City would be with regard to annexation to the City, The City Council expressed favor,to this suggestion with the comment made that the only problem is that there may be no building permits for development for some time. Motion re Going Ahead on Specific Plans Cm Miller stated that he would like to make a motion directing the staff and requesting that the Planning Commission go full steam ahead on specific plans in the mill while at the same time con- sideration of General Plan revision for the areas while they are doing the specific plans. The motion was seconded by Cm Tirsell and the motion passed by unanimous vote. Discussion re New Town Cm Futch stated that he would like to be a member of any sub-committee that discusses the subject of New Town with regard to strategy. Cm Miller replied that there is no committee for planning the strategy regarding New Town but that two members of the Council will be meet- ing with the staff to determine the options available and is a pre- liminary meeting to a strategy meeting. Cm Futch stated that he had moved, on April l, to discuss this in an executive session and moved that this be discussed in an executive session rather than April 23rd, seconded by Cm Turner. Cm Tirsell felt that she has done a great deal of reading and talk- ing with others over this matter and would also like to be present during any initial discussion as she feels she has some input. Cm Futch stated that the Council agreed in the past that two members of the Council would not meet with the staff without notification and approval of all the other Council members and Cm Futch stated that he would like to add this to the motion at this time, and Cm Turner stated that if this is to be a part of the motion he would not be able to second the motion and withdrew his second. Cm Tirsell moved that the Council meet in an executive session on April 22nd to review the strategy for New Town, after the regular Council meeting, seconded by Cm Turner and passed 4-l (Cm Futch dis- senting) . ADJOURNMENT There being no further Council business, the meeting was adjourned at l2:55 p.m. ~aMa~ APPROVE ATTEST od&tw~Aierk . Livermore, California CM-28-78 Regular Meeting of April 22, 1974 A regular meeting of the City Council was held on April 22, 1974, 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: Councilmembers 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. MINUTES OF 4-15-74 On motion of Cm Hiller, seconded by Cm Tirsell and by unanimous vote the minutes for the meeting of April 15, 1974, were approved as amended. OPEN FORm1 (re Las Positas Golf Course) Jerry Atwell, 134 Amber Way, Secretary-treasurer of the Las positas Golf Club, presented a resolution to the Council which the Golf Club passed at their meeting of April 18th and the Mayor explained that this is a matter that will be on the agenda for the next meet- ing and there will be a full discussion of the item at that time. (re S. P. Development Project) Paul Tull, 2243 Linden Street, spoke in opposition to the Southern Pacific track relocation project and its commercial development which he stated he feels is a "farce" and that S. P. is moving their tracks over to the W. P. tracks so that it may build a commercial development for its own subsidiary. The project is costing the taxpayers a great deal of money and after the development is complete it will be in direct competition with our local businessmen in addition to the dis- placement of a number of people and urged that something be done about unnecessary and unauthorized spending which he pointed out should have been voted upon by the people because the amount exceeds $5,000. Mr. Wharton responded by saying that he is satisfied that all the expenditures undertaken by the City in pursuit of the railroad pro- ject are entirely within the law. (re Complaint re Indus. Develop. Fees) Mr. Ed Hutka, lOl5 Angelica v~ay, voiced a complaint over fees imposed for industrial development which he feels are inequitable. He stated that he has proof of the figures and would like the Council to check into the matter of the fees. CM-28-79 April 22, 1974 (re Indus. Develop. Fees) ~1r. Lee commented that the water storage fee was adjusted in February, as were the other fees and that the water storage fee is not based on the amount of consumption for domestic use but rather reflects the storage needs for fire protection and the size of the building, in that case, becomes a factor. em Miller commented that to his knowledge nobody has recommended that all industrial property should be I-I and Mr. Nordyke, rep- resentative of the Industrial Advisory Board, commented that this is correct. (re Deaths Caused by Inadequate Highway) Milo Nordyke, 2143 Chateau Way, stated that two more deaths have occurred on 1-580 which he felt can be attributed to the highway being inadequate and every day the highway continues to be inade- quate it is going to kill people and urged that the Council re- examine its position on the widening of 1-580. The Mayor remarked that the point is well taken but statistically there have been about twice as many people killed on the widened freeway between Livermore and Tracy, adding that he does not have the figures to prove this but feels there are at least as many that have been killed between Livermore and Tracy as from Liver- more to Castro Valley, if not more. P.H. RE WEED ABATEMENT At this time the Mayor opened the public hearing for the purpose of hearing protests on the notice to abate weeds, refuse, rubbish and other such public nuisances adding that no written protest has been received. There being no public testimony voiced, on motion of em Miller, seconded by Cm Tirsell and by unanimous vote, the public hearing was closed. The staff recommendation was to adopt a resolution ordering the Superintendent of Streets to proceed to abate weeds, so moved by Cm Miller, seconded by Cm Turner and passed unanimously. RESOLUTION NO. 61-74 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 Departmental Reports Departmental reports were received as follows: Airport Activity - March Airport Profit and Loss Statement - Quarter Ending 3-31 Building Department - March City Attorney - Quarterly Report and Plan Emergency Services - Quarterly - January/March Finance Department - June 1973 to March 3l, 1974 CM-28-80 April 22, 1974 (Departmental Reports) Golf Courses - Las Positas and Springtown - Quarter Ending March and Month of March Library - Quarter Ending March Municipal Court - February and ~1arch Mosquito Abatement District - February Water Reclamation Plant - March Res. Appointing Planning Commissioners A resolution was adopted appointing two members to the Planning Com- mission. RESOLUTION NO. 62-74 APPOINTMENTS OF MEMBERS TO PLANNING COMMISSION (Glen Dahlbacka and John Staley) Notification of BASSA Hearing Notification was received from BASSA regarding a hearing to be held on May l5 for matters relating to the LAVWMA program. Payroll & Claims There were 216 claims in the amount of $399,Ol7.6l and 270 payroll warrants in the amount of $74,767.10, for a total of $473,784.71, dated April 19, 1974 and ordered paid, as approved, by the City Manager. APPROVAL OF CONSENT CALENDAR It was noted that the airport is operating with a $10,550 profit and the golf course is operating with a loss of $15,000 less than last year. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the Consent Calendar was approved. COHHUNICATION FROM LARPD RE SEWER CON- NECTION FEE WAIVER A letter has been received from LARPD asking that the Council re- consider its decision to reject the request for waiver of the sewer connection fee assessed for the Max Baer park-Murdell Lane improvements. The Council concluded to respectfully decline reconsideration. COMHUNICATION FROM CO~1UNITY AFFAIRS COMM. RE 4th OF JULY CELEBRATION The Community Affairs Committee submitted a letter to the Council ask- ing that the Council consider a City Fourth of July Celebration to include a parade which will terminate at r1ay Nissen Park followed by family picnics and a fire works display. Cr-.'1-28-8l April 22, 1974 (Fourth of July Celebration) Jim Doggett, l3l8 "p" Street, representative of the Community Affairs Committee, explained the proposal for the celebration and indicated that it is estimated that the cost of the celebra- tion will be about $2,000. Cm Miller moved that the City Council adopt a motion authorizing appropriation of the estimated $2,000 for this event, seconded by Cm Turner. Mayor Pritchard moved to amend the motion to increase the membership of this committee to by Cm Turner which passed by unanimous vote. passed unanimously. include approval to lO members, seconded The main motion also Cm Futch stated that he feels the Council should be somewhat con- cerned for the number of events of this nature that are approved and suggested that perhaps a policy should be adopted regarding items such as this for consideration in the budget. Mayor Pritchard commented that the Community Affairs Committee is a City appointed committee and is directly responsible to the Council, as opposed to other requests for financial assistance that come to the Council during the year. The Mayor further explained that the Council approved an expenditure of $2,000 for this celebration but only the portion that cannot be raised to cover the cost of the event will be used. COMMUNICATION RE "BICYCLE COMMUTER DAY" Charles M. Hartwig, 4319 Findlay, President of the Livermore Bike- ways Association stated that they would like the Council to de- clare the first week in May "Bicycle Week" and that May 8th be declared "Bicycle Commuter Day" with as many people as possible encouraged to use their bicycles for commuting to business and shopping as well as pleasure activities on this day. It was also suggested that one lane on East Avenue could be used by the bike riders commuting to work on this day and used as the focal point for this commuter activity. Cm Miller moved that the first week in May be "Bicycle Neek", that Hay 8th be "Bicycle Commuter Day" on East Avenue with appropriate notice to the County, seconded by Cm Turner which passed unanimously. CO'4MUNICATION FE AB-2040 (Knox) re Bay Area Planning Agency The Council received a copy of the League of California Cities comments regarding AB-2040 (Knox) regarding a Bay Area Planning Agency which em Futch felt the City Council should endorse as it is an action consistent with the League's action plan and so moved, seconded by Cm Tirsell. Cm Miller commented on the governing aspect of this agency and noted that in his opinion there is not as much responsiveness as there should be toward planning and environmental issues when it consists of elected public officials. He would therefore not like to approve 20-40 with all public officials on the Board, until 1978. Cm Futch commented that at the beginning of 1978 there are provisions for going before the electorate to determine the permanent status of the representatives and felt that at this time we cannot suggest changes. C~1-28-82 April 22, 1974 (re AB-2040 - Knox Bill) Cm Miller stated that in the next four years the critical issue for the people of the valley and the taxpayers in the City of Livermore, is whether or not Geldermann receives approval for "Gelderville" and perhaps agencies such as BASSA which will be absorbed by this regional agency will not act as responsively to our concerns. Cm Futch replied that he agrees with the statement made by Cm Miller but feels that by having one agency there will be a better opportunity for the smaller cities to fill the openings and will allow for their voices to be heard. Cm Miller stated that he would not like to endorse the bill as it stands and would prefer there be 50% public officials and 50% elected and would not agree that it would be better than what we now have - it is almost the same. Cm Futch suggested that the Council endorse the concept but would suggest 50-50 representation, which was included in the motion and second and passed unanimously. The City Hanager was directed to pass this endorsement on to the League of California Cities. REPORT RE FIXED BASE OPR. LEASE MODIFICATION RE COURTESY AVIATION The City Manager reported that several changes have been ne- gotiated in the lease for the fixed base operator (Courtesy Aviation) and the Airport Advisory Committee has reviewed the changes which they have recommended be adopted, as follows: l. Period of property re-evaluation for the purpose of computing ground rental is to be postponed until October 1, 1974. 2. The payments based on gross receipts are to be based on a quar- terly basis instead of semi-annual. 3. A stipulation is made that the City has the sole rights of dispensing gasoline and motor oils. This is the subject of litigation still pending before the court. 4. The City reserves the right to approve all assignments of the lease or leasehold interests. The staff has recommended that the Council adopt a motion authoriz- ing execution of the lease modification. Cm Miller commented that he would presume that this lease agreement says that the pending litigation will be dropped, which the City Attorney explained is correct, which was followed by discussion regarding the term of the lease and its commencement. On motion of Hayor Pritchard, seconded by Cm ~Hller and by unanimous vote the staff recommendation was adopted and the four points listed above were approved. RESOLUTION NO. 63-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Courtesy Aviation Company) C]\1-28-83 April 22, 1974 CONTINUED DISCUSSION RE REZONING OF JUDSON PROPERTY APPLICATION The matter of the Judson property rezoning application has been postponed a number of times at the request of the applicant and at the last postponement (March 25th) the Council requested that the applicant submit maps and information which would illustrate the placement of the channel, access to the site and all other perti- nent matters, and Mr. Lee briefly reported on the matter and indica- ted that in his opinion the Judson property could have good access on the north side of the service station (which was one of the require- ments for the rezoning) and it is unfortunate that the maps do not clearly indicate this. He commented that he spoke with the applicant's attorney and asked for more detailed information but the Council has not been furnished with anything that would substantiate reasonable access. David Madis, attorney representing the applicant, stated that the access is the standard access used for about 99% of the commercial property in the City and the state determines the distance the access should be from a traffic interchange to adjacent property and they feel that the state will approve the access they are proposing. He commented that they feel it is not appropriate to submit a detailed drawing of the street because all they are asking at this time is that the property be rezoned and the access be approved. The actual design of the access will be subject to site plan approval when the public improvements are to be put in. The Council then discussed the access situation. Mr. Madis pointed out that everyone has agreed that this property is not suitable for residential use and that their proposed rezoning would be proper and urged that the Council take action tonight. Cm Miller stated that everyone who has looked at this property does not agree that it should be commercial and in his opinion it should remain residential - not for development of residential but for the transfer of the development rights somewhere else in the planning unit. Secondly, due to the configuration of the property adjacent to the gasoline station, the sharp turn for the access would not be reasonable. Last of all he felt that it would be wrong, in principle, to increase the amount of commercial at this interchange when there are other areas available for highway commercial develop- ment. He also pointed out that the General Plan indicates that this is not commercial and moved that the zoning request be denied. The motion was seconded by Cm Tirsell. Cm Tirsell stated that she is not really opposed to commercial development of this corner, but has not seen anything that would indicate that there is a safe access to the property. Cm Turner stated that he would assume it would be the responsibility of the City to see that the access is a safe one in addition to the fact that the details for transfering density have not been worked out, and it may be that this can not be done for a few years. em Miller replied that even though the details of the density transfer have not been worked out if it is determined that density transfer does not work then this parcel can be reconsidered for rezoning in the future. CM-28-84 April 22, 1974 (re Judson Property) Cm Hiller stated that he would like to re-emphasize a comment made by Cm Tirsell which was that ~r. Judson created his own problems by selling off one of these parcels for a gasoline station without considering what this would do to the rest of his property and it is not the City's problem to resolve the problem he created for himself even though it is unfortunate. Cm Turner countered that it is the City's responsibility to see that the best use of the land is allowed and if it happens to be commercial that we should follow through which Cm Miller commented on by saying that, in his opinion, the best use of the land is not commercial but rather open space land after the sale of development rights. Elizabeth Mondon, 5873 Singing Hills, urged the Council to con- sider seriously, not allowing access to the property north of the gasoline station as the increase of traffic congestion in the area just below the steep overpass would be hazardous. Mr. Hadis stated that the County has approved a gasoline station and that the access for the remaining portion is fine and also that this particular interchange may be developed for commercial use - No. Livermore Avenue is not. The City engineer has stated that the access can be worked out, as proposed by the applicant, and the City Planning Commission has, on two occasions, recom- mended the access in addition to the fact that the state will allow access that far from the interchange. It is true that the Council does not have a clear concept of the plan in front of it but they are asking that the property be rezoned subject to exact plans being approved by the City Engineer. He stated that this matter has been considered by the County and the state and that there should be some consistency in reasoning between these agen- cies and the City staff as well as the City Council. Mr. Musso replied that the Planning Commission did not recommend the proposed access but rather that access should come from the south side of the gasoline station, and Mr. Madis stated that they do not care where the access is approved because this can be worked out but right now they are after rezoning. Cm Miller stated that the point is that some of the members of the Council feel that none of the proposals for access are plaus- ible and it is the job of the Council to determine what is best for this City and it is not this Council's fault that the County approved a poor location for a gasoline station but it is the responsibility of the Council to see that any further poor pro- posals are not approved. Cm Futch commented that at the last meeting the Council took action to approve residential zoning on the General Plan for this property which he was opposed to due to the fact that he preferred that the Council wait to make a decision after the applicant had been given the opportunity to submit access proposals; however, the General Plan indicates residential and he feels the Council should be con- sistent with what the General Plan specifies. Mrs. Mondon commented that the state may approve the access but they do not have to drive the access and feels that it is not a safe access. The citizens of Livermore are the people who will have to use the access and feels that the Council should take this into consideration. At this time the Council voted 4-1 in favor of the motion with Cm Turner dissenting. CM-28-85 ~. .... ----..--..--..-.-.,.-...---.-, "~'--'. "'''--'''''-''-.''~'-''--'-''''''''''----~'~''''-''-'''--'-'-~''''''---'-~'.-'''"-''--'~--'''-----'-'--- ,-,...,..~ April 22, 1974 (re Judson property) The resident of 1113 Florence Road stated that the City of San Francisco has experienced complaints from people who do not want freeways built near their parks and the Council might take into consideration the fact that people may not want open space near the interchange. He urged that the Council give serious consideration as to what should go next to the freeway and in his opinion it would be better to have a huge warehouse there than a park. REPORT RE THE PROPOSED ANNEXATION OF THE ANDERSON PROPERTY The matter of the application by the Anderson family for pre- zoning and annexation of their property was referred to the Planning Commission and Mr. Musso explained the recommendation made by the Planning Commission on the matter which was that no action be taken on annexation nor that pre zoning be con- sidered as it has been City policy in the past not to rezone lands proposed for annexation. Mr. Madis commented that the Anderson family would like some indication as to whether or not the Council would be in favor of the rezoning and annexation. David Lane, l537 portola Avenue, property owner south of the Anderson property, stated that he has appeared before the Coun- cil many times with regard to the problems the owners on portola Avenue face, over traffic enforcement situation, and many other things. He felt that the Council should seriously consider annexa- tion of property along portola Avenue and help them with these problems. He voiced complaint with regard to the large trucks that park near his property that we can do nothing about because they stay outside of the City limits and the County does not have an ordinance to prohibit the trucks from parking along portola Avenue for long periods of time. Paul Tull, 2243 Linden, stated that he agrees with the comments made by Mr. Lane and that he also can hear the trucks starting and stoping as well as the speeding cars. Mayor Pritchard stated there are two things to be considered at this time: 1) an indication from the Council regarding the proper zoning, which would be to prezone, and 2) whether the City desires annexation at this time, and the Planning Commission's recommendation is to consider the annexation. Cm Miller remarked that it would be reasonable to consider annexa- tion if the applicant would like to annex under regular ground rules; however, he was unwilling to prezone. He would not be willing to consider a specific zoning until the Specific Plan for Planning Unit II is available and he would not consider zoning contrary to our present general plan. If he were agreeable to consider any change, he might be willing to consider industrial at the time of the General Plan amendment, but is opposed to any further commer- cial on portola Avenue. Cm. Tirsell agreed with the statement made by Mr. Lane in that there has been no planning on portola Avenue, and because the City does not have control of County zoning, we must accept a lot of commercial zoning that has been approved by the County and the problems we have, and is happy that the Planning Commission is giv- ing this area first priority and it should receive immediate attention. CM-28-86 April 22, 1974 (Anderson Property) Cm. Tirsell further commented that the Planning Commission passed a resolution opposing the spread of commercialism down Portola Avenue, which she supported, and unless the Planning Commission would re- commend that there should be commercial in that area, that would compete with the major shopping hoped for in the downtown, she would be adverse to commercial zoning, but would not be adverse to consid- eration of annexation, but would like to see a specific plan by the Planning Commission for the area. Cm. Miller disagreed that there had been no planning; the point is that we do not have any real control because the Planning Commission in past years have attempted to work out something for the whole area. :1r. Husso remarked that it has been one of the most planned areas, and the Planning Commission has tentatively set a public hearing for f1ay to consider that whole area, whether it be rezoning or general plan amendment. Cm. Tirsell moved to support the Planning Commission recommendation, seconded by Cm. Futch. Cm. Futch stated his agreement with the comments made by Cm. Tirsell, and he also felt it would be inappropriate to take action before the Planning Commission has made a decision, and it is against Council policy to prezone, and Cm. Turner agreed on both comments. Mayor Pritchard stated that he has always favored prezoning providing it is done properly, and he added that our former City Attorney felt it could be done in such a way that it could be advantageous to both the applicant and the City; however he would accept the Planning Commission recommendation. ttr. Madis asked for clarification of the motion, which was explained to him, and the motion then passed unanimously. RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEMBERS PRESENT. COHMUNICATION FROM RELIANCE IND., INC. AND RESPONSE FROM KISSELL COMPANY A communication had been received from Reliance Industries, Inc. re the unfinished houses in Tr. 2619, and the position in which they had been placed by the unilateral action of the Kissell Company. A response to this letter was also received from The Kissell Company explaining their position. This item had been continued from the meeting of April l5. Cm. Turner stated his concern had to do with the park site that Reliance Industries had agreed to dedicate to the City; however, the City Manager had advised him that the'land is not actually in Tr. 26l9, but that we had collected development fees for the purchase of a park site in the area. An offer had been made to a land owner in the area recently, and we should have a reply shortly. He has been contacted by many citizens in the Greenville area with regard to a park site, and was anxious that a park site be acquired this year if possible. Another point in this regard is that Kissell Co. has stated they would begin construction in June 1974; however, since there are a lot of children playing in and around the unfinished homes, CM-28-87 ._..~-,._"..,....-.~_.,._.,-_.,".- <-. --"_.-.~-_.._--_.".,--_._-----_._-,~-,_..~_.~-~,---_._" April 22, 1974 (Tract 2619 - Bevilacqua) he would suggest that Kissell Company be requested to provide a care- taker to prevent further trespassing in the area, and to protect the children from injury. If Kissell Company does not commence construc- tion in June, the City should take steps to abate the property and return it to its natural state. Dewey Watson, speaking for the Kissell Company, responded that he ,', saw no problem as far as an attendant on the property as they hoped to have contractors on the job within the next few weeks to at least finish the homes that are almost completed. Kissell will take title on May 8 or 9 to the tract, but not to the 4 acres which were excluded from their deed of trust, and Reliance will still have title to that park land, but the other 2.2 acres were never part of a dedica~ tion requirement by the developer. The Kissell Company would urge that the Council direct the City Manager to request Reliance Indus- try to live up to their contract to dedicate those 4 acres of land, as they are equally anxious to have Reliance dedicate the 4 acres then the City could purchase the other 2.2 acres which would save the City some money. He attended this meeting with the intent of working out some agreement and had a memo of understanding which he received from the City Attorney. However, he did not want to raise this on the agenda at this time if it is out of order or if the Council feels it should be postponed for further discussion. Mr. Wharton remarked that this should have been in the agenda packet, but was not so stated on the agenda, and is an indication of a progress report, and if the Council has any comments or input, it would be useful to have them so that the staff could pursue the final details with the Kissell Company in the next week or two. Mr. Watson stated that the point he wanted to make is that the Kissell Company is very anxious, and well aware of the June 4 date, to come to a definite understanding as to subdivision approval and the amount of money the Kissell Company will have to put forth; before it makes a commitment to a contractor. A couple of points were included in the memo of understanding that were not previously discussed, particularly the problems relating to the Heather Lane Bridge which had been a requirement of this tract. It is the opinion of the staff that this bridge be built immediately, and it is suggested that an immediate cash bond be posted by the Kissell Company for completion of the bridge. The Kissell Company would urge that this not be a requirement as there is a present bond on the bridge which the City is currently suing on, and they would urge that the City continue to pursue its remedy against the bond on the bridge. He felt there are other forms of guarantee which would not require an immediate cash outlay by Kissell, and he would suggest a form of guarantee that in the event the litigation of the City is not success- ful, that Kissell Co. will guarantee the cost of building the bridge. Cm. Miller stated he read the memo and was concerned about the issues raised by the Public Works Director, and with what he believed an un- necessary point of interest and wanted to make sure that the bridge is constructed in a finite time, and is not sure that the amount of the bond will pay for the bridge now due to rise in construction costs, and felt that these issues should be resolved. Mr. Wharton stated we could ask Kissell to post the cash bond as has been stated with the understanding that the City will pursue with CM-28-88 April 22, 1974 (Bevilacqua Tract 26l9) due diligence its legal remedies, and should there be a recovery we would remit whatever share was appropriate to Kissell to offset their investment. With respect to the interest payment, he felt he had narrowed the interest paYment requirement to a responsible minimum and did not think it unreasonable to ask for it. Direction from the Coun- cil on this point might be helpful. Cm. Miller questioned why Kissell should be credited anything for the period of January 23, 1973 to July 20 as that was the time their building permits were active, and Mr. Wharton replied that the initial permit was cancelled in January and was reapplied for in July; however Cm. Miller stated he could not see how that was possible as there were no permits issued after April 27, 1973. The Public Works Director stated that the l04 permits were valid up until September 2l, 1973. There followed some discussion regarding the issuance of permits and the renewal dates and whether or not Kissell should be given credit and Mr. Wharton stated he would check this out further. Cm. Futch stated the issue of credit regarding the permits is complex, and that perhaps there could be some guidance regarding the bridge, and asked Mr. Lee to comment in this regard. Mr. Lee stated he was concerned that if the bridge is segregated out since it was required as a condition of the improvements in the tract along with the other improvements, the bonding company might have a claim against the City at a later time stating we did not pursue the remedy with the developer, and Kissell is the developer, or rather an asignee of the developer, and if we did not pursue it, it might go on for a long time in the courts. He and the City Attorney both agree there should be some assurance the bridge will be constructed, and he recommends that plans be completed and a cost estimate be received for the bridge, then a reasonable delay while they are pursuing collection on the bond might be in order. Mr. Wharton stated his agreement with Mr. Lee regarding the bridge, by requiring that the cash bond be posted and the City will pursue the litigation and if a recovery is made we will share it with Kissell. Meanwhile, the cash bond will be posted and the bridge constructed rather than waiting for the result of the law suit. Cm. Futch moved to accept the City Attorney's recommendation with regard to the bridge, seconded by Cm. Miller. Mr. Watson stated his reaction would be why should the City pursue a law suit if a bond is posted and questioned that a new cash bond was the solution. In reply to a question by Cm. Miller that if he were convinced the City would pursue the law suit actively would he not be upset, and Mr. Watson stated if the City were to pursue the lawsuit, there would be no reason to require another cash bond as Kissell would reimburse the City if the law suit is not successful, expecially since it is his understanding nothing has been done for two years in this regard. The objection of the Kissell Company is to any additional substantial up front cash outlay at a time when they are getting no return, and Mr. Watson explained how much money they have already expended on the project. Mayor Pritchard advised Mr. Watson that the Council is SYmpathetic with the problem, but wants some guarantee that the bridge will be built. Mr. Lee stated there seems to be some confusion as the Council seems to think the bridge responsibility is that of the bonding company, which is not so; the responsibility of building the bridge is the developer's, which is Kissell now, and we must look toward him. There CM-28-89 April 22, 1974 (Kissell - Bevilacqua Tract) is certain action that the Council must take which is the acceptance of the subdivision, and after that point we have very little hold on the developer, so there must be some assurance the bridge will be built. He suggested that perhaps the Kissell Company could defer the date the City accepts the tract to allow time for the bridge to be built and then accept the tract. Mr. Watson stated this is something that could be worked out between the Kissell Company and the staff as he feels there is room for com- promise as he felt they might even be willing to build the bridge immediately if this is to be a condition for acceptance of the tract. Cm. Miller remarked that Mr. Watson's suggestion of reaching a com- promise with the staff and then coming back to the Council might be a good one, and he moved to table the matter to allow the staff time to work out something with the Kissell Company. Motion was seconded by Cm. Turner and passed unanimously. DISCUSSION RE VALLEY PLANNING COMMITTEE REORGANIZATION Cm. Tirsell stated that she would like some direction from the Council as to how they would view a reorganized Valley Planning Commission. The meeting of VPC is May 18 and she wanted to know if they should submit their input to the other cities prior to that meeting. Cm. Miller suggested that this be postponed until the meeting of April 29, and then if that meeting is too long it can be discussed on May 6, and the Council agreed to this. REPORT RE DEVELOPMENT OF FIRST St. & SO. LIVERMORE AVENUE INTERSECTION The staff reported that development proposals for the recently acquired properties on the northwest and southwest corners of First Street and South Livermore Avenue have been prepared, reviewed and approved by the Beautification Committee and if the improvements are acceptable to the Council they should be referred to the staff for consideration during the budget ses- sion. Mr. Lee then illustrated to the Council the proposals which have been prepared and approved by the Beautification Committee for a park as well as an alternate proposal which was prepared allowing for II parking spaces which he indicated does cause some access problem. He estimated that the cost for the parks would be $l8,000 for one and $l5,000 for the other. Cm Tirsell commented that she would like to see a park with parking provisions, as she cannot understand why there cannot be function and beauty in the same place. Mr. Lee explained that a design has been prepared that would allow dimension and be very visible which has been created with a proposal for a mound along the back that would be green with trees planted on it and would have a similar effect as the Centennial Park. Cm Tirsell stated that she does not like the bottom design and would not vote for it and even the ll.parking spaces would pro- vide some relief. CM-28-90 April 22, 1974 (re Design P~oposals for First St. & So. Livermore Avenue Intersection) Cm Miller commented that in his op1n1on it doesn't make sense to buy land for park purposes and then use it for parking or something other than a park and Cm Tirsell noted that she was not on the Council at the time they agreed to buy the land specifically for a park. Cm Miller explained that the study done by consultants, Ribera & Sue indicated that this area should not be used for parking but rather should be used to improve the appearance of the area and would agree that the parking situation is a problem but feels this problem could be handled in some other way, as this is a separate issue. em Turner stated that he would agree with Cm Tirsell in that if possible, part of this should be used for parking or at least considered for parking and it is not true that he would like to see the whole area in concrete but would like to work out something with the Beautification Committee. He stated that he has visited industrial areas that has provided parking behind mounds so that the cars were not visible and feels that something similar might be possible in this area. He added that he spoke to some 400 people about the area and that about 75% of them felt that some type of parking should be provided. em Futch stated that he was opposed to the City spending the amount of money necessary to acquire these properties for park purposes since he felt the money could better be spent for parks elsewhere; however, since the park money was used for this purpose he feels that it should be developed as a park, especially in view of the fact that there will always be a traffic problem with the exit that close to the corner. It was concluded that the Council has not really had the opportunity to review the proposed designs and continued the item. Mr. Parness commented that if the majority of the Council wishes to have parking provided the staff will work on designs that would include this; however, if the majority of the Council does not want it, it would be appropriate to so state at this time. em Miller moved that designs for the two corner parcels be considered by the Council for park development only, seconded by Cm Futch and passed 3-2 (Cm Tirsell and Turner dissenting). REPORT FROM DESIGN REVIEW COMMITTEE RE STREET LIGHT FIXTURES A report from the Design Review Committee was presented to the Coun- cil with regard to street lighting fixtures in which they made the following recommendations: l. Install spherical fixtures from "P" to "s" Streets concurrent with development of the S.P. Shopping Center. 2. Include funds in the budget to change the fixtures on First Street from "P" to "L" during the year following the initial installation from "P" to "S". 3. Include funds in the budget to change the fixtures on First Street from "L" Street to Livermore Avenue during the following year. 4. Change the fixtures on First Street, east of Livermore Avenue, as development occurs. CM-28-9l April 22, 1974 (re Street Lights) em Miller stated that the report submitted by the Design Review Committee on the matter was excellent and moved to implement it as follows: a) that the Council approve the report, b) approve "P" to liS" for spherical fixtures, and c) direct the staff to prepare a budget for 74-75 and 75-76 to replace the existing "Styleview" fixtures. The motion was seconded by Cm Turner. em Miller stated that he would like to add to the motion that when the budget is prepared the staff should look for the use of the "Styleview" fixtures elsewhere or their possible sale. At this time the motion passed by unanimous vote of the Council. REPORT RE PROVISION FOR UTILITY DISTRICTS The City Manager reported that there is a provision in the Munici- pal Code for the creation of underground utility districts and the staff is investigating the prospects of separately defined utility districts or possibly one that might encompass the en- tire City. At present, several districts have been formed whereby the abutting property owners are required to withstand the cost of the underground utilities (on site) while the off site costs have been borne by the annual contribution accruable from PG&E and there have been complaints that the present City policy is inequitable. Mr. Parness added that we are getting into residential sections as well as industrial areas and that is the reason the question of the City's authority for imposing these costs has been raised. He stated that the City Attorney has prepared a report on the matter which he has not had the oppor- tunity to review and suggested that the matter be discussed at the time the subject of the entire undergrounding is reintroduced. He explained that this item (4.3 on the agenda) is related to the next agenda item in that this item attempts to address the question of authority and the next item (4.4) recommends a method for assign- ing or apportioning costs of undergrounding. Cm Futch stated that he is a little confused, as he cannot under- stand how the City can assign the costs without the authority to do so and the City Manager stated that the Industrial Advisory Board and the staff did not take into consideration the question of 'author- ity but has been a concern of the City Attorney and City Manager and they are trying to figure this out. He stated that the City cannot consider assessing a fee other than the method presently being used unless there is an authoritative method. Cm Futch stated that, essentially, if the next item (4.4) is approved it will not take effect until item 4.3 has been resolved and Mr. Parness replied that this is correct. Item 4.3 and 4.4 were continued and the Council moved to the next agenda item. REPORT RE BICENTENNIAL COMMITTEE ORG. STATUS An oral report regarding the status of the Bicentennial Committee organization was given to the Council by Donald Bradley, Assistant City Manager and em Tirsell suggested that perhaps the Community Affairs Committee in liaison with the Heritage Guild Committee could form a basic steering committee and possibly solicit other groups with specific projects. CM-28-92 April 22, 1974 (Bicentennial Committee) em Miller moved that the Council ask the Civic Affairs Committee to convene a meeting with the Heritage Guild and Cultural Arts Council to discuss the question of the formation of a Bicentennial Committee which he explained is a motion based on the suggestion made by em Tirsell, seconded by Cm Tirsell and passed unanimously. Paul Tull suggested that the Council use somebody else once in awhile when considering new committees and Cm Miller commented that this is a good point but what the Council is proposing to do is to get things going by asking these three groups to meet, one of which is sponsored by the City, one which is partially sponsored by the City and the third being a private group, to meet and discuss a Bicentennial commission and he would hope that the matter will be open to the citizens at large so that there can be a large participation other than the same people. David Eller, Livermore resident, stated that he attended the last Heritage Guild meeting in which Janet Newton commented that the City of Hayward had expended $60,000 for the same type of thing and that they tried to get as many people interested in it as possible so that they would have a variety of people taking part and he felt this would be advisable. REPORT RE LIMITATION ON FREQUENCY OF GENERAL PLAN AMENDMENT The City Attorney briefly reported on the limitation of frequency allowed in amending elements of the General Plan. Section 6536l of the Government Code reads, "No mandatory element of a general plan shall be amended more frequently than three times during any calendar year, which amendment or amendments may occur at any time as determined by the legislative body~. This section shall not apply to the adoption of any element of the general plan.". He reported that as of January l, 1974, the mandatory elements of a general plan include 8 categories which were listed in a written report. em Tirsell moved that the matter be referred to the Planning Commission regarding development of a policy for considering General Plan amendments, seconded by Cm Turner and which passed unanimously. ADOPTION OF ORDINANCE ANNEXING NORTHFRONT ROAD - ANNEX NO. 1 On motion of em Miller, seconded by Cm Futch and by unanimous vote, the ordinance annexing the area known as "North Front Road Annex No. l" was adopted and the title only was read by the City Attorney. ORDINANCE NO. 838 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "NORTH FRONT ROAD ANNEX NO. l" TO THE CITY OF LIVERMORE. ADOPTION OF ORDINANCE ASSIGNING E DISTRICT TO ARROYO ANNEX NO. 3 On motion of Cm Miller, seconded by em Tirsell and by unanimous vote the ordinance assigning the zoning category of E District (Education and Institutions) to the area known as Arroyo Annex No. 3 was adopted and the title only was read by the City Attorney. CM-28-93 April 22, 1974 (Ordinance Rezoning Arroyo Annex No.3) ORDINANCE NO. 839 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. MATTERS INITIATED BY STAFF (Re Air Resources Bd Hearing) The City Attorney reported that he had attended the Air Resources Board hearing on behalf of the City on April 1l, and stated that the Board took no action regarding indirect source regulations which would include residential development although that was the Air Resources Board's staff proposal. The effect of their taking no action is that the federal EPA regulations concerning indirect sources will take effect July 1, 1974. These regulations do not include any kind of residential development as an indirect source contributing to air pollution. The BAAPCD is considering regula- tions which at least theoretically could include residential de- velopment and it might be appropriate for the City to make its voice heard at that forum and pursue some aggressive input with the federal EPA to make our problem known to them. BAAPCD has a hearing scheduled for May l. Cm. Futch asked at what point we would have a possible suit against BAAPCD or EPA regarding not including indirect residential sources. Mr. Wharton explained that the Air Resources Board has decided not to take any action since there are other regulations which will take effect at the federal level. He thought it might be possible to initiate litigation with the federal agency if they consider and reject this source, but he does not know if they have considered this source but will learn more about it. As far as BAAPCD, until they adopt some regulations, it is not~ for l.itigation but we must bring our views to their attention in a forceful way. +~~(t~ ' Cm. Tirsell recommended that the City Attorney attend th~-~AAPCD hearing on May 1, and Mr. Wharton stated it would be desirable to have Council representation as well as legal, but stated he would have his assistant attend as he would be attending a conference, and it was also agreed that Councilman Miller would attend. Campaign Expenditure Statements Mr. Wharton stated he had reviewed the Campaign Expenditure and Dis- closure Statements filed by the candidates at the March 5 election, and Candidate Rocco has not filed. He has written requesting that it be promptly filed and also conferred with the District Attorney's office and the DA is prepared to prosecute as soon as we request that it be filed, and if it is not filed within seven days he asked that the Council authorize prosecution under our Campaign Dis- closure Ordinance. Cm. Miller moved that the City Attorney be directed to prosecute under provision of the ordinance; motion was seconded by Cm. Tirsell and passed unanimously. Water Reclamation Plant Bids Mr. Parness stated he had a request that the Council authorize the advertising for bids for the Water Reclamation Plant modification as we have received approval of the State Water Resources Board for that project. If the bid solicitation is approved, construction will commence the first part of August. Mr. Parness recommended that a resolution be adopted authorizing the bids. CM-28-94 April 22, 1974 (Water Reclamation Plant Bids) A motion was made by Cm. Miller, seconded by Cm. Turner, and approved unanimously to adopt a resolution to call for bids. RESOLUTION NO. 64-74 A RESOLUTION ACCEPTING AND APPROVING PLANS AND SPECIFICATIONS, ASCERTAINING WAGE SCALE AND DIRECTING CLERK TO ADVERTISE FOR BIDS FOR THE WATER RECLAMATION PLANT, STAGE 3 IMPROVEMENTS. (Report re RR Grade Separation Constr. Project) Mr. Parness announced that this morning the contractor for the Grade Separation Construction project delivered the signed contract, thereby completing the last remaining obstacle to the project, and construc- tion will commence next week. MATTERS INITIATED BY COUNCIL Truth in Advertising. Cm. Turner stated developers imply certain things in their brochures relative to school and parks, etc. and wondered if the City could in some way control the material that is listed in the brochures as people are mislead, and Mr. Wharton stated this had been covered and he would provide him with this information and also Cm. Tirsell. Mr. Parness stated that several years ago the Council and staff covered this item in great depth, even meeting with the state Real Estate Commission, and it was found that the City had practically no authority to impose a truth in advertising statute on the developer, and even the state had no authority to do so except to require that on the sales contract a word of direction to the prospective buyer to investigate with the official agencies the proximity of the school and park site. Illegal Sale of Gillice Units Cm Miller stated that the Gillice condominiums are being sold and that this constitutes an illegal sale due to the fact that Gillice has not filed a subdivision map with the City and feels that the . of our state and City ordinances should not go unchallenged. He pointed out that there are dedications associated with the filing of a subdivision map and the City should make sure that it has every- thing it's en~Lto and not being cheated. Mr. ~~that there has been exchange, back and forth, with the state officials responsible for these statutes and the state plans to take no action and that if action is to be taken they feel it should be taken by the City. We can file a notice of violation with the County Recorder which can be done relatively easy and may cause the sale of the properties to be somewhat impaired in that the buyers will be notified that there may be some irregularities in the property. He added that he has a report in process which should be ready by next week and will recommend that this step be taken. Cm Miller moved that the City Attorney's recommendation for filing the notice be approved, seconded by Cm Futch and passed unanimously. CM-28-95 April 22, 1974 Castro Valley Jensen Development Cm Miller mentioned that a letter has been sent to the County with regard to the air pollution consequences of the Jensen Development in Castro Valley and wondered about the status of this matter which was reported on briefly by Mr. Musso. Status of Holmes Street em Tirsell asked if Holmes Street is finished because the pave- ment is really a mess and Mr. Lee replied that it is not and that he is sorry he cannot indicate as to when it will be finished. Cm Pritchard commented that he also has received a number of tele- phone calls complaining about Holmes Street. re Gun Policy Mayor Pritchard asked Cm Miller if he could explain the new gun policy and em Miller explained that the Chief of Police has prepared a new gun policy which will go into effect on May 1 which reflects a recent court decision allowing the City Police Departments to be more strict than state statutes and the court decision lays out how this can be done and noted that for all practical purposes, the gun policy is in defense of life only. re Complaints Over Trucks Parking on Arroyo Road & Holmes St. Mayor Pritchard stated that he continues to receive complaints from people regarding trucks parking on Arroyo Road and Holmes Street and feels that something must be done about this situa- tion. Mr. Lee commented that it appears that the City will have to post the area with "no parking" signs and they have contacted the County regarding the area on Arroyo Road which is owned by the County. He stated that if there is no objection he will proceed with the posting and em Turner stated that before any- thing is done he would like to have the opportuni~y to evaluate the situation himself. ADJOURNMENT There being no further Council business the meeting was adjourned at l2:00 a.m. to an executive session to discuss appointments and New Town. ~t1~ ~r/~ Depu y CJ.ty C rk Livermore, California APPROVE ATTEST CM-28-96 Regular Meeting of April 29, 1974 A regular meeting of the City Council was held on April 29, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:00 p.m. with Mayor Pritchard presiding. ROLL CALL PRESENT: Councilmembers 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 On motion of Cm Futch, seconded by Cm Tirsell and by unanimous vote, the minutes for the meeting of April 22, 1974, were approved as amended. OPEN FORUM (re Outcome of Meeting with Kissell Company - Bevilacqua Tract) John Fox, 59ll Singing Hills, asked about the results of the meeting which transpired this afternoon between the City staff and Mr. Dewey Watson, attorney representing the Kissell Company regarding the unfinished Bevilacqua tract and the City Attorney responded by way of explaining that a memorandum of understanding had been prepared and for the most part was agreed upon with discussion of some additionaJ terms and conditions which Mr. Watson will be discussing with the Kissell Company located in Cleveland. It is anticipated that the agreement will be ready for Council approval at the next Council meeting. Mr. Wharton then answered questions regarding the building permits as presented by Mr. Fox. (re S. P. Commercial Development) Paul Tull, 2243 Linden Street, referred to an article which appeared in the Oakland Tribune, written by Elba Leonard, regarding the Southern Pacific commercial development in which it was noted that a similar example was the Oakland downtown mall for which millions of dollars were spent to entice shoppers but which failed in spite of this effort and Mr. Tull stated that he agrees with what Mr. Leonard has stated. REPORT RE PROPOSED LEASE OF THE LAS POSITAS GOLF COURSE Mr. Parness explained that a written report has been transmitted to the Council regarding the proposed lease for the Las positas Golf Course and that about three years ago the City Council was faced with the task of reviewing budgetary appropriations and in particular CM-28-97 April 29, 1974 (re Golf Course) the enterprise operation fund which should be self-sustaining which brought about the review of the Las positas Golf Course operation. At that time, taking into consideration the economic imbalance, the Council suggested that it might be appropriate for the City to look at the propects of leasing the facility to pri- vate operators. Since that time three inquiries have been made as to leasing the golf course but up until about four months ago there had not been definite interest in a leasing arrangement. GOLF- AMERICA, a newly formed corporation, has indicated sincere interest in leasing the golf course and their only concern was whether or not the City government would be desirous of such an arrangement. Mr. Parness stated that it was his understanding that this was the wish of the Council and therefore encouraged them to pursue the matter, which was in December of 1973. He explained that since that time the City staff has met with representatives of the firm to discuss the prospects of a lease and the document which has been transmitted to the Council and is very lengthy as well as very comprehensive which he explained was based on other similar leases which have been executed by public entities around the state. He stated that he would like to emphasize that he would reluctantly recommend that the lease be favorably considered and that his rea- son for recommending this is due to the unfortunate economic con- ditions which the City has experienced during the seven years of operation of the golf course. He then illustrated a chart record- ing the annual case history explaining that the aggregate deficit over the past seven years up to and including this year amounts to $485,000 and it is anticipated that this is expected to continue but will hopefully reduce substantially next year and the year thereafter. He and the staff feels that the golf course will real~ ize an upward trend in golf play and income to the City. However, experience has not shown an upward trend but he stated that it is felt there are honest reasons for this such as adverse weather conditions and highway construction. He pointed out that there are many compensating features to owning a golf course which the Council is aware of but reluctantly feels that the Council should consider the lease arrangement. He stated that one of the major concerns in a lease arrangement is whether or not it will be proper~ ly maintained if it is in private hands and is the overriding concern. Mr. Parness noted that the Public Works Department has provided a comprehensive list of maintenance requirements that will be attach- ed to the lease and must be observed and that this will be properly monitored and if it is observed it will be more extensive than is currently practiced by the City staff. Safeguards have been written into the lease to assure the continuation of the operation and the return to the City will be a portion of the proceeds and it is hoped that the City will gain more from the receipts than at present and in any event we will be guaranteed a minimum payment of $50,000 per year for the first three years of the lease and $60,000 for the optional second three years of the lease and $75,000 for the third term of the lease which will be for four years. It was also noted that the Crosswinds Restaurant will not be affec- ted by the lease. The Mayor stated that many people have asked how a private enterprise is expected to make money on the golf course when the City cannot and wondered if Mr. Parness would explain this as well as how bonded indebtedness will affect this. Mr. Parness explained that this has been a concern of his also but is impressed by four factors, as follows: l. The lessee will not have the bonded indebtedness that the City has. 2. The lessee can have a greater degree of flexibility in personnel costs, including fringe benefits. 3. The expected return they will enjoy from the pro shop operations, which will be expanded to about twice its size. CM-80-98 April 29, 1974 (golf course) 4. They intend to promote the golf course operations and golf play which should generate more rounds to the extent that they antici- pate about 60,000 rounds. Mr. Algie Pulley, President of GOLFAMERICA, explained that the organization consists of professional people in the golf industry including golf course designers and construction people as well as golf professionals essential in carrying out a full golf program. Their objective is to promote more sensitivity to golf for the good of golf and the people in it and are interested in Las positas due to its location and feels that it has potential that can be expanded to a successful golf operation financially. He then introduced five other members of the organization and explained their function in the organization. Richard Baker, Vice President of GOLFAMERICA, explained the plans and objectives for Las positas and reiterated a point made by Mr. Parness in that the organization is composed of golf people getting into the business world and not businessmen getting into the golf world which he feels makes a lot of difference in lease operation. He pointed out that golf is their life and that they have made it their business by choice. He then expanded on some of the points made by Mr. Parness as to the reasons it is felt a private enter- prise will be successful in operating the golf course while the City has not. He explained that they intend to engage in vigorous adver- tising and sales promotion with utilization of editorial space re- garding the new concept GOLFAMERICA offers. They plan to have tourn- ament play and league play to fill the slow periods on the golf course during the week. A lady professional is available to come to Las positas for clinics for full time instruction and to help with tourn- ament play and is just one of the examples of how they intend to promote use of Las Positas. He pointed out that if it is not main- tained better and better every year that they, as well as the golf course, will suffer. Cm Miller commented that he would prefer not to have to vote on this matter tonight, as a very long and complicated lease is in- volved and he would like to have the opportunity to understand it and reflect on what has been said. Mayor Pritchard stated that he would agree with what em Miller has said and explained that the Council has not had the opportunity to review the lease agreement, as they received it only last Friday and had only the weekend to review it. Cm Futch brought up the question of fees that the City will receive which Mr. Parness explained and it was noted that the golf course would have to realize approximately $250,000 gross in order for the City to receive more than the $50,000 minimum mentioned and Mr. Pulley explained that this would be based on varying percentages for different areas and that they expect $200,000 for green fees and a conservative projection for the golf carts, golf shop and range activity. Cm Futch felt it would be worthwhile to have the staff estimate the lOt'....J ~ fees which Mr. Baker explained should be close to $300,000 growt revenue in all. areas. 1!JtIk&k J &~cfte6 It was noted that there is a discrep!ncy in the figures provided by the Public Works Director and that of the City Manager and wondered if this might be explained. Mr. Parness responded by stating that the figures he used have come from the auditor and are accurate and which indicate the final summary. CM-28-99 April 29, 1974 (golf course ) Mr. Parness then explained, in detail, the figures represented on the chart and noted that up until this time the golf course was paying the cost for the transmission of water and it was concluded that for the next year this is a reasonable amount to assess against the water reclamation fund since it really is a disposition of treated effluent water; therefore, the cost is being transferred as of next fiscal year to the Water Reclamation Plant and is not shown in the 74-75 budget figures, and Mayor Pritchard wondered what it would cost to place the effluent else- where if it were not used by the golf course. Mr. Parness explained that through a subregional agency we are participating in, we are going to have to do just that - impound treated effluent waters and to cause its disposal during terms of heavy runoff, but he did not know what the cost might be. We want to keep the water locally and is one of the reasons we built the golf course - to have it served in the sense of a water reclamation adjunct to our treatment plant. The City expects to give water without charge to the State Highway Department, the Junior College District, and to local farming operations. We might compute what the cost of disposal might be and charge the golf course for it, but until now we have always welcomed anyone who would accept some of this water so we would not have to dispose of it in streams tributary to downstream users. It is a valuable resource. Cm. Tirsellasked if the fees to be charged to the golfers would be reviewed by the City, and Mr. Parness stated they would be entirely subject to the review and approval of the City Council. Cm. Tirsell asked who from the City would oversee the maintenance of the course, and Mr. Parness stated we have people competent to do that under the administrative direction of the Public Works Director, and he felt certain the City would be able to adequately monitor the course. Cm. Turner stated his concern about the employees as it is indi- cated a certain percentage will be retained and others may be out of emploYment, and he wondered if the City accepts the lease if these people could be reassigned. Mr. Parness stated this was also one of his concerns and he feels that the City can assimilate three of the seven and perhaps more, dependent upon what the Council allows in the budget; the others will have the option of working with GOLFAMERICA. Cm. Turner pointed out that GOLFAMERICA had pledged to maintain the Junior Golf Program, but wondered if it would be better in writing, and Mr. Parness explained that the provision to guuarantee any kind of surety cannot be written into a lease, but he expects to have that kind of a promise stated in writing, and he feels he can rely on what he has been pledged orally as the success of the golf course is their success, and they know how successful the Jr. program has been and they would promise to advance it and might speak to that point later as they are enthusiastic about the program. Cm. Turner remarked that they should work under the philosophy the course can be maintained by the City rather than considering only the lease. Cm. Miller stated his concern that the $50,000 surety for mainte- nance of the course was extremely low in view of how rapidly a golf course can deteriorate and the expense to bring it back. Mr. Parness stated the $50,000 is not meant for that as it would cost ten fold that figure to completely rejuvenate a golf course. The City would count on constant watchfulness and monitoring. That amount would be only for reoccupancy expenses such as repurchase of CM-28-l00 April 29, 1974 (re golf course lease) equipment the City would dispose of - not for defective conditions that might result over a year or two of ill care, and he is confident that this will not happen as golfers will not play on a course that is not maintained. Cm. Miller felt we should put some thought into a maintenance surety bond to protect our capital investment. The City Attorney explained that the lease does provide for a default section such that if there is any conduct which is not in accordance with the lease, including proper maintenance~ the City has a right of re-entry within a lO-day period, all repairs, maintenance, etc. to be accomplished by the City at the expense of the lessee. Mr. Wharton stated there are a number of protections other than the surety that are built in. Mayor Pritchard asked how long GOLFAMERICA has been in existence and if they own or lease any other golf course, and he would also like to have the representative of the corporation talk about the Junior golf program. Mr. Pulley explained that GOLFAMERICA has been in existence since October; they do not lease any facilities; they are presently manag- ing a club in California. Their people have been involved in plan- ning, organizing and attempting in working with other groups, to sustain professionally and effeciently managed facilities and this is the reason they are together. As far as the Junior Program and all the other programs connected with the mens and ladies clubs, they are very enthusiastic about them and anxious to pursue a vigorous program in working with the various clubs and any service they can offer as their main life is golf. Cm. Tirsell asked the staff if it would be proper to ask about the corporation's financing, and Mr. Parness stated he has reviewed the financial statement and he is satisfied that the proceeds of the company and financial assets are more than adequate for the beginning of the golf course operation; their net worth is supported by a formal pledge by a banking institution. Cm. Tirsell questioned what green fee would be charged and Mr. Pulley stated they intended to leave the greens fees as they are and would request an increase at such a time as capital improvements are made and the golf facilities upgraded. In reply to a question by Cm. Tirsell with regard to a senior citizens program, Mr. Pulley stated they have not considered the programs in detail, but they are sensitive to the needs of people who will enjoy the facilities. Cm. Tirsell asked Mr. Pulley if he felt their increased earnings would come from more rounds played, the improved pro shop and better ability to publi~ cize. Mr. Pulley replied they feel their primary income will come from increased play and more efficient utilization of the facility and explained their plans to arrange leagues during slack time, and they have agreed on a capital improvement program and they feel strongl: that the turf condition must be upgraded in order to receive a return for their efforts. Cm. Miller asked what club they operated and Mr. Pulley stated the So. Lake Tahoe Country Club which is in poor condition and they are trying to improve that; they just acquired that club this spring. Mr. Pulley added that the Council might consider investigating the background of their people if there is some reluctance on their capability. Basically, their present participation is in the consult- ant and management guidance business. CM-28-l0l April 29, 1974 (golf course) Mayor Pritchard commented that the Council will not be taking a vote this evening and would suggest that the staff make a copy of the lease available to any recognized group that would be interested in reviewing it as well as a copy to be placed in the City Library that could be reviewed by the public and it was noted that perhaps there should be about six copies available at the library that could be checked out. Jerry Atwell, l34 Amber Way, Secretary/Treasurer of the Las positas Mens Golf Club, stated that he has been elected by the board of directors to speak as a representative of the club which has 345 members. He stated that when they first heard of the possibility that the golf course might be leased they were puzzled, as they were not aware of the facts involved with reference to the financial picture and because of this they con- ducted a study using the documents available from the Library and the City. Subsequently a report was written and discussion took place and they have concluded that the City should not lease the golf course but continue operation by the City. He pointed out that in reviewing the past financial status of the golf course it is true that it has been operating in the "red" but there have been reasons for this such as the bridge work that was necessary which made it inconvenient for people to get to the golf course as well as the fact that the golf course was not properly drained and even now drainage is still being added. Maintenance equipment had to be purchased which was an expense and means that the golf course finally has some decent equipment for maintenance and in their opinion most of the major items have been taken care of. Since these necessary items have already been purchased it would appear that some of these costs will diminish and pointed out that there has been no mention of the fact that by making paYments on the lease and by making capital improvements the City is increasing the value and its net ownership of the golf course - there are no credits given in the accounting for this. In a certain number of years the bond paYment will cease and the City will own a golf course. He stated that one point of contention has been that the golfer is expected to pay for things that are not advantageous to him and that if the City would delete the costs that are no advantage to the golfer or golf course and remove the overhead charges, that on an operating expense basis the golf course should come very close to breaking even and perhaps even be making money. He explained that with a 50~ fee increase the golf course would realize a loss of $l,OOOi however, with a $l.OO increase a $2l,000 sur- plus would be generated and added that those who are members of the mens club feel that a $1.00 increase would not be unreasonable. He stated that the budget can be controlled and some costs can be cut and improvements delayed and they feel confident that the golf course will make money next year (fiscal year 1974-75). He then commented on what the club feels to be the disadvantages of a golf course that is leased rather than remaining in the hands of the City, and mentioned the four points listed by the City Manager as reasons for recommending that the golf course be leased stating the club's viewpoint on these items, as well as commenting on portions of the text of the lease agreement. He stated that the people who play golf realize that they do not represent a majority of the population but feel that they are equally significant in their needs and that the City should serve these needs. It is noted that there are more and more people of retirement age in Livermore CM-28-l02 April 29, 1974 (re golf course) and that the exercise golf provides is very good for people of this age and it is anticipated that there will be more rounds of golf played during the week by these people because there are more retired people than in the past. In conclusion he pointed out that the City doesn't necessarily expect to see a return on other recreational facilities or provisions such as the Library or bike paths and that the City should be more concerned with the number of people being served, including the golf course, and that the mens club has acted as responsibly and as objectively as possible and has made a recommendation based on information they have obtained. The Mayor explained that, normally, a person is allowed to speak for only five minutes but inasmuch as Mr. Atwell is the representa- tive of such a large group this rule was overlooked. Patrick Brosnan, Livermore resident, stated that he does not belong to the golf club but as a local barber has quite a few customers who are golfers and would like to speak on their behalf. He stated that some of the older people have said that they enjoy playing golf at Las positas because they appreciate the manner in which the course is maintained as well as the fact that they are concerned about prices going up if a private enterprise takes over. He stated that he has spoken with a number of other barbers who have said that their customers also have voiced objection to a private enterprise operating the golf course and asked that this be transmitted to the Council through Mr. Brosnan. Susan Summerson, 829 Leland Court, representative of the Nine Hole Ladies Golf Club at Las Positas, stated that they are more than satisfied with the way the golf course is operated now and that those who work at the golf course have exhibited tolerance towards the junior golfers and we need people who are patient and will pay attention to the junior golfer, and they are concerned that a private enterprise would not be concerned with the junior golfer because the return from the junior golfer is not as great. She stated that the club she represents supports the resolution presented to the Council by the mens golf club regarding retention of the golf course by the City. Dan Lippstreu, the golf professional at the golf course commented that he has not said anything on this matter but feels the time has come to speak to the Council. He stated that he is employed by the City of Livermore, has no other source of income, has not looked for work elsewhere and that he employs other people to work at the golf course - all of whom are concerned about being out of work if a private enterprise takes over. He pointed out that he will not be working for GOLFAMERICA and if they tale over they will not be members of the PGA which will mean that his people will not be able to work for them and will not get credit for their time which is something that is very important. It is hard for him to say whether or not they should work for these people as they have been approached and he has not. At this time he presented the Councilmembers with a report of his operations at the golf course, which he summarized in some detail. He stressed that the golf course is here for recrea- tion and they want to service the people. He spoke about the CM-28-l03 April 29, 1974 (re golf course) high school varsity and Jr. varsity programs that play at no charge, but which could earn an additional $20,000 for the City, and if this is what the City wants, he can eliminate this program, but he feels it is a very worthwhile program. Mr. Lippsteu stated that he con- ducts clinics for the high schools and the ladies and mens clubs for which there is no charge, which is his way of promoting the golf course. The greens fees for April 1974 will reach $l9,000, and he feels that the dollar figure is changing; the best figure prior to this time was $l7,967 in May 1971. Mr. Lippstreu felt his report would substantiate what he had said and felt that the future of the golf course is good. william Arrieta, 359 Martin Avenue, assistant golf coach at Granada High School, stated he had been asked by the coaches of both schools to address the Council regarding their concern which is the Jr. golf program and the continued use of the course by their players. They play most of the courses in the East Bay, San Francisco and the surrounding area, and the only courses where they find active varsity and junior varsity squads are at the municipal course. A decision must be made as to whether the City is out to make a big profit, or provide a service. He continued by saying that Las positas is well ~nown and has been recognized by Golf Digest and Golf Magazine this year. He urged the Council to reject the lease arrangement. Buddy Johnson, 833 Curlew Road, west coast representative for the National Golf Foundation, remarked that it was necessary for him to straighten out a newspaper article inasmuch as during his interview he had stated that he thought the present golf course operation was a very fine one and that the golf pro was very fine, and he had stated that he thought that Ty Caplin was one of the ten top pro- fessionals in the U. S. His job is to help people plan and develop golf courses and advise as to feasibility, cost analysis, market- ing, promotion and organization, and he has counseled with the City Manager several times and in almost every case it was concerning a lease and what the City can do about the deficit. The Council must face the question on how it proposes to operate the municipal golf course - as a service to the citizens even to the point of subsidiz- ing it, which is fine, and many cities operate on that basis; a number of municipalities are looking toward lease experiences and some have been very successful. The golf business is getting tougher and will continue to get tougher, and that is why cities are looking to groups like GOLFAMERICA as maintenance costs continue to rise and cities do not maintain green fee increases commensurate with these expenses. Paul Tull, 2232 Linden Ave., stated although he is a non-golfer, he feels the golf course is increasing in value and if private enter- prise wants to take over and make a profit, the City should be able to do so also. He also questioned that the pro shop can be expanded for only $6,000. Clyde Highet, l3l7 Hibiscus, reminded the Council of the poor condi- tion of the Springtown Golf Course when the City took it over, and urged that private industry not be allowed to take over the golf course. Don Smith, Las positas Maintenance Mechanic, spoke on behalf of the golf course employees, remarking that there is a fine shop, and a very fine course. He stated that he had worked at Castlewood for seven years before coming to Livermore and hoped to retire with the City and would urge that the golf course is not leased. Mr. Baker remarked that it is the intention of their corporation to improve the pro shop and there is no reason to change the junior golf program or the senior program, and provisions for this can be included in the lease. All the members of the firm have always lived in the bay area and have all been in the golf business all their lives and want to do what is best for the course and the people who play at Las Positas. CM-28-l04 April 29, 1974 (re golf course) Mr. Pulley pointed out that they were here to offer a service to the City, and after a lengthy discussion with the City Manager, it was agreed that the best approach would be a lease arrangement. Their preliminary discussions involved several ways to assist in management, financial problems, operational problems on a consultant basis in several different ways. If the City does not need them, they would be the last to say they want to come here. They are here to try to help and hope it has been presented this way in every aspect. The Mayor indicated that a motion would be in order to continue this matter until whatever time is necessary to make a decision, and Mr. Parness remarked that hopefully it would be next week. Cm Miller suggested continuance to allow enough time to a) absorb what they have heard, b) think of their own questions and c) have time for the Council to discuss the matter. Mr. Parness stated that he does not feel additional testimony will be necessary. The Mayor suggested it be continued for one week and if more time is necessary they could resolve it at that time. Cm Miller moved to continue the matter for one week, seconded by em Tirsell, and approved unanimously. RECESS AFTER A SHORT RECESS THE COUNCIL MEETING RESUMED WITH ALL MEMBERS PRESENT. RESERVOIR SITE LOCATION PROPERTY ACQUISITION The City Manager reported that as a part of the Water Reclamation Plant construction project, a water reservoir is to be located north of 1-580 near Doolan Canyon Road which consists of about seven acres. The property has been appraised and the owner of the property has rejected the appraisal price and would like to address the Council on the matter this evening. Mr. Parness explained that the reservoir must have an elevated topography for the flow of gravity and will contain waters from the treatment process to be used for irrigation purposes - one of the primary users being the State Division of Highways for highway ground cover irrigation for an extended lineal dimension along I-580. The other use will be for our golf course which will allow more water for the golf course in less time which will be a significant advantage to us. He then presented a map which Mr. Lee used to illustrate the site as well as an explanation as to why seven acres of land are necessary. Mayor Pritchard commented that another site with about the same elevation had been a consideration and wondered why this site has been given preference for purchase and Mr. Lee felt that this was the only site considered that would provide adequate screening and Mr. Parness added that there is easement access by virtue of Doolan Canyon Road which would not be available with the other site consider- ed, plus the fact that this site is more directly north of where the transmission lines would extend. Cm Tirsell commented that Mr. McCormick (the owner of the property) is concerned about retaining access and Mr. Lee explained that he would have access which was then discussed by the Council. It was noted that the reservoir would adequately serve the college site, the golf course, the medians on the highway from 1-680 to Greenville Road and also the airport agricultural land. CM-28-105 April 29, 1974 (re Reservoir - McCormick Propertyl Cm Futch stated that an alternate suggestion might be to acquire less land and to purchase additional land at the time it is felt necessary and the problem of what to do with the soil could prob- ably be worked out in advance with the property owner. He felt that this might be a more reasonable approach as well as more desirable to the property owner. Cm Miller stated that he would prefer to buy as much property as we feel we need at this time rather than have to pay a higher price for the property in the future and it would seem that the major concern of the property owner is access which Mr. Lee has stated can be worked out by an easement. Mr. McCormick stated that he realizes that his property can be condemned for public use such as the reservoir proposed but one of the conditions for the exercise of this right is that just compensation must be measured by the fair market value of the property and paid to the property owner and that the owner may be entitled to damages for loss of value of the por- tion not taken, which they feel applies to their property. He stated that the appraisal was made for $2,200 for the lower portion, $2,000 for the middle portion and $l,500 for the north portion of the land and that the $l,500 figure is the figure being used for calculating the value of the land when the middle portion is going to be taken from them as was revealed after a survey was conducted. He then explained the reasons they feel they are entitled to compensation for loss of value. They would like $5,000/acre including the roadway and easement which comes to 8.25 acres and mentioned that the easement is going to be black topped and will become a right-of-way rather than an easement. They are requesting $l5,000 for severance damage to cover loss of value to the property not taken, change of the planning pat- tern, loss of 2/3 of the flat land and other reasons listed by him. He then discussed the matter of access and what they feel would be necessary in order to maintain the cattle operation now going on, as well as water rights which may be exercised at the time the water is clean enough for cattle consumption. He then reported on the various parcels of land surrounding them that have been sold and the values of these parcels ($4,000 and $5,000 per acre). The City Attorney explained that the City may not select a price for the property without regard to the qualified and expert apprai- sal of a properly licensed specialist and in his opinion the property owner's interests would best be served by legal counsel experienced in condemnation matters. He added that anything substantially more than the appraised value would constitute a gift of public funds. The City does have the power of eminent domain, it is a public purpose and we have a right to take the land and the question of just compensation is either worked out with the land owner using the estimate of a qualified appraiser, or relying on the wisdom of a trial with or without a jury and the summoning of expert witnesses for either side. He added that a trial court would award compensation and would take into account all the factors which have been mentioned and can be translated into monitary terms. He also noted the matter of condemnation and evaluating all the interests becomes a complicated process which is not something that most of us have the ability to evalu- ate and secondly, the City Council lacks the authority to nego- tiate a purchase price, except within very limited amounts closely approximating that of the appraised value. Mr. Lee recommended that since we have already called for bids we continue with condemnation and work with Mr. McCormick to eliminate as many problems as possible so that legal resolve will not be necessary. CM-28-l06 April 29, 1974 (re Reservoir - McCormick Property) Mr. McCormick commented that it has been suggested that he obtain legal counsel but feels that the lawyer would end up with the money and the City would end up with the property - it was estimated that a legal resolution would cost in excess of $8,000-$9,000 not includ- ing incidentals. Mr. Parness suggested that perhaps it might be satisfactory to have the City conduct a separate and independent appraisal of the property to see what the results are and if the appraisal is close the matter would be somewhat settled but if it is different this may be justi- fication for further negotiation on the value of the property. Mr. McCormick agreed that another appraisal would be appropriate but would like the appraiser to take into consideration what the reservoir will do to the property and not merely a road appraisal and also would like an appraiser from this area - the last appraiser being from Fremont. He added that one of the things that is upsetting to them is that the City of Livermore has indicated that there is to be no building north of 1-580 and are the first to violate this in- tention by development of a reservoir. Cm Tirsell moved that the City Manager be authorized to conduct another appraisal, seconded by Cm Futch and passed unanimously. Paul Tull stated that if the storage tanks being considered as a reservoir for this water should happen to leak there could be a lot of unclean water going down the hill and suggested that there be excavation that would provide the same type of protection as that used around oil tanks for catching the effluent if it should happen to leak. REPORT RE AWARD FROM OFFICE OF CRIMINAL JUSTICE PLANNING - HORIZONS It has been recommended by the City Manager that the Council adopt a resolution authorizing an execution of a grant agreement for the second year of funding for HORIZONS. The total project cost will be $49,458 with $2,473 being funded locally and will be equally shared with the City of Pleasanton. The grant award will come from the Office of Criminal Justice planning. em Miller moved to adopt the above recommendation, seconded by em Turner and passed unanimously. RESOLUTION NO. 65-74 A RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT DISCUSSION RE VALLEY PLANNING COMMITTEE REORGANIZATION The Council discussed the reorganization of the Valley Planning ~ Committee and Cm Miller commented that he would like to see the County and Zone 7 deleted from the Valley Planning Committee and that the Valley Planning Committee continue its present role but add the things proposed by Cm Tirsell for utilizing existing studies and holding two or three' forums a year. He felt Cm Tirsell's sug- gestion is very good but should not replace meeting monthly. CM-28-l07 April 29, 1974 (Reorganization of VPC) em Futch felt the intent was for the reorganized VPC to have more authority and muscle if the positions that were taken were voted on by the agencies in a more formal manner - such as a forum and the VPC would act as a steering committee to get the issues and arguments in front of the forum. The other point is that the County has stated that they would not be a part of the VPC which would indicate that they are automatically eliminated. Cm Tirsell stated that VCSD stated that if the VPC remains con- stituted as it is they would withdraw at the end of six months after the reorganization. They are very much opposed to VPC's giving informational meetings. em Miller stated that it may be worth trying a different format and would like to withdraw his objection. em Miller moved that VPC be asked to discuss the proposal with the other members of VPC, seconded by Mayor Pritchard and passed unanimously. MATTERS INITIATED BY THE STAFF Request for Executive Session The City Attorney asked that an executive session be held after the meeting for the purpose of discussing personnel matters. MATTERS INITIATED BY THE COUNCIL Illegal Signs Cm Miller stated that someone who is running for re-election to Zone 7 has some illegal signs posted and would like the City staff to pursue the illegalities of the signs. BAAPCD Meeting Cm Miller informed the Council that he would be attending the BAAPCD, as Council representative, on May l, and the main points he planned to make on their behalf is that residential be included as indirect sources; that it be cumulatively counted and he intend- ed to suggest that the number of units involved where you need a permit be 250 instead of l,OOO as suggested by the City Attorney as he felt that to be a reasonable number. He would also suggest that the "grandfather clause" wording be replaced by EPA's wording, and that the residential part of the ordinance which they pass be effective as of the date of adoption. Cm. Futch stated he had attended a League meeting and they also plan to have a resolution before the BAAPCD supporting the inclusion of residential indirect sources. He had also pointed out the weakness of the "grandfather clause" and they plan to make a suggestion for stronger wording. CM-28-l08 April 29, 1974 General Plan Review Cm. Tirsell stated that general plan review citizen's effort is complete, and hopefully, it would be on the May 6 agenda, but they have not reviewed any plans as to how to proceed with the general plan review. Mr. Parness replied~hat these are under preparation and the staff is looking at the consultant's input brochures, etc. and should be ready in a couple of weeks for report. Use of Ravenswood Grounds The City Manager stated he had a request from a private party for use of the Ravenswood grounds for a private social event. He stated that he hoped the grounds could be put to such use in the future; however, there are no facilities at present. The interested party has stated they will provide portable restroom facilities and the people would be shuttled to the site. He asked if the Council would allow this use. The Council concurred that they would if the grounds were left in good condition and the City would be protected. PROCLAMATIONS Mayor pritchard signed the following proclamations: Proclaiming May 1 as Law Day Proclaiming the Month of Mayas Senior Citizens Month Fiesta Week - May II to May 18 May l2-l8 as National Hospital Week Good Samaritan Home The Mayor explained that he had received a letter from Joan Sparks of Good Samaritan and they would like to have a representative from the City on their Board, not necessarily someone from the Council, and suggested that perhaps the staff may have someone in mind for this position. Propositions Mayor Pritchard stated that the Council had been asked to take a position of the several propositions and asked that this matter be placed on the agenda for the next meeting. ADJOURNMENT The meeting was adjourned at ll:35 to an executive session to discuss personnel matters. The xecutive session was continued to noon, Monday May 6 at offices of L' more Mortuar , 3070 East Avenue. ATTEST Mayor ~ Live r~ California APPROVE CM-28-l09 Regular Meeting of May 6, 1974 A regular meeting of the City Council was held on May 6, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:02 p.m. with Mayor Pritchard presiding. ROLL CALL: PRESENT: Cm Turner, Miller, Futch and Mayor Pritchard ABSENT: Cm Tirsell (seated during Special Item) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members as well as those present in the audience, in the Pledge of Allegiance. MINUTES On motion of Cm Miller, seconded by Cm Turner and by unanimous vote the minutes for the meeting of April 29, 1974, were approved as corrected. SPECIAL ITEM - ANNUAL AWARDS BY BEAUTIFICATION COMMITTEE Mayor Pritchard stated that each year the Beautification Committee awards certificates and decals to citizens of the community in appreciation for aesthetic contributions to the community and the Mayor and Ayn Wieskamp, representative of the Beautification Committee presented the decals and certificates to the following citizens: James and Maudie Griffin, lOl9 Marigold Road Wilmond and Barbara Waddle, 5433 Delia Way Sandra Henderson, l688 Third Street Mr. and Mrs. Lloyd Graybeal, l092 Peppertree Place Mr. and Mrs. William Searight, 4025 Fordham Way Mr. and Mrs. Charles Waskow, 555 Colusa Way Clark Harris, 632 Dover Way Mr. and Mrs. Wayne Caricofe, 675 Dover Way Mr. and Mrs. S. L. McCallister, 449 Humboldt Way Mr. and Mrs. Larry Schneider, l2l6 Lakehurst Road Mr. and Mrs. Carlo Ridolfi, 288 Albatross Avenue Mr. and Mrs. Loren McMillen, 47 Diamond Drive Mr. and Mrs. Blake Napper, 54 Diamond Drive Mr. and Mrs. Carl Dozier, l34 Diamond Drive Ray Post, 1233 Murdell Lane Roger and Linda Carruthers, 655 Orion Way Codiroli Ford & Mercury, 3737 First Street Valley Ecology Center, 40l South "K" Street A decal was also presented to Floyd Hibbits for service on the Beautification Committee. PRESENTATION OF GENERAL PLAN REVIEW TO COUNCIL Helen Tirsell, chairman of the Citizens General Plan Review Com- mittee presented a copy of the completed General Plan Review with an explanation that due to the heavy agenda discussion is not going to take place at this meeting with regard to the find- ings of the report. CM-28-ll0 May 6, 1974 (re General Plan Review) Mayor Pritchard then introduced members of the Steering Committee of which Mrs. Tirsell was the chairman, as well as the various other committees that worked on the General Plan review. Also recognized was the former Mayor of Livermore, Clyde E. Taylor, who suggested that there be a formation of a goals committee prior to review of the General Plan. The staff was asked to schedule discussion of the matter for some Monday meeting when there is a light agenda. CONSENT CALENDAR Res. Appointing Members to Beautifica- tion Committee The following resolution was adopted appointing members to the Beautification Committee. RESOLUTION NO. 66-74 APPOINTMENT OF MEMBERS TO THE BEAUTIFICATION COMMITTEE (RaYmond Brice, Beth Mondon and Brenda Souza). Report Re Rodeo Parade The City Manager reported that the State Division of Highways must grant an encroachment permit to allow use of State Route 84 for our rodeo parade and recommended that the Council adopt a resolution requesting the issuance of such a permit. RESOLUTION NO. 67-74 A RESOLUTION REQUESTING DIVISION OF HIGHWAYS FOR PERMISSION TO USE A PORTION OF STATE HIGHWAY 84 AS THE ROUTE FOR THE LIVERMORE RODEO PARADE BE- TWEEN 6:00 P.M. AND 9:00 P.M. ON JUNE 8, 1974. Minutes for Various Committees Minutes were received from the following committees: Housing Authority Board - March 26th, 1974 Meeting Beautification Committee - April 3rd, 1974 Meeting Payroll & Claims There were l85 claims in the amount of $2l2,020.74 and 270 payroll warrants in the amount of $72,752.l2, for a total of $358,207.44, dated May 3, 1974, approved and ordered paid by the Director of Finance. ( i REPORT RE GOLF COURSE LEASE APP. Cm. Futch asked if the City Manager might explain some of the additonal costs to the City if the golf course is leased by GOLFAMERICA. CM-28-lll __.._..__'m_...M....,__..~.,.. .__..__,.,___.__,_,,,.... . .,.,_._'~_.__"_.~.,_._.__~~_~^_,____.____.__.~____,_._.~ May 6, 1974 (re Golf Course Lease) Mr. Parness stated that if Cm Futch has a list of some of these things the staff would be interested in knowing what they are, as it has been implied that there would be certain costs to the City if GOLFAMERICA assumes the lease of the golf course but that they were unfounded. The only known cost that will be sustained by the City will be the lease paYments and the insur- ance costs for the club house. Cm Futch commented that one fee pointed out by the Mens Golf Club is the trustee fee to the bank in the amount of $950 which Mr. Parness explained are the fees that we pay to the bank for the service of collecting the debt coupons and paying the loan and this is a cost that would still be paid for by the city. em Futch mentioned a $500 audit charge, which Mr. Parness stated would not be paid by the City which was followed by discussion regarding the pumping power cost, and Mr. Parness stated that in the past it has been incorporated into the golf course bud- get but it is felt that this should be in the water reclamation plant budget because it is directly associated with the disposal of treated effluent. An explanation was also given as to the $6,000 paid by the restaurant to the general fund which has been part of the golf course debt, and if it does not come from the golf course it will have to come from another source to cover the cost of the entrance to the restaurant and the air condit- ioning. Cm Turner noted that we would still have the $6,000 a year paYment for the restaurant even if the City had leased the golf course to someone else and then made the improvements. Cm Miller explained that the revenue from the restaurant has been used consistently to help make up the deficit of the golf course and the $6,000 is tied up with construction for the restaurant and the revenue has been used as a way of trying to make up the golf course deficit - the whole thing is one consistent operation. Therefore, if we lease the golf course the $6,000 should come from the restaurant operation until it is paid off. em Miller pointed out that the lease paYment plus the restaurant does not cover the ongoing expenses - it merely covers the debts: there- fore it would seem that to properly cover our expenses the lease payment is too low. He suggested that the lease paYment be about $75,000 rather than $50,000. He felt the $50,000 surety is fine but there are other things that should have a surety bond, and would estimate that a $200,000 bond would be necessary for these other things. Lastly, he noted that the description about the termination is not what the words of the lease actually say - the words say that the lease can be terminated with six months notice upon mutual agreement, not on notice by one or the other party. He pointed out that he has no fundamental objection to leasing the golf course but wants to make sure that the City comes out alright. The whole intent of considering a lease is to get out from under the subsidy burden the golf course has put upon the City and taxpayers. The Council then discussed the reassignment of the pumping costs to the Water Reclamation Plant. Cm Miller explained that he has suggested a larger lease pay- ment because we are $500,000 down in the golf course fund and need to find some way of paying it off and the restaurant revenue was one way of doing it: however, it will be totally committed to making our debt paYment under the present provisions of the lease. CM-28-ll2 May 6, 1974 (re Golf Course) Cm Miller stated that we need to find a way to amortize the debt. em Tirsell commented that any major service that provides recreation and open space for the citizens will create a debt for the City and we are lucky, in some cases, to have connection fees to help pay for certain costs but in this case we were not so lucky. She pointed out that she does not expect a return from these types of services to the community - such as the library, the bike paths, open space and recreation and does not view it as a cumulative debt to the City. Cm Futch at this time moved to respectfully decline the proposal by GOLFAMERICA for the fOllowing reasons. l. It is clear that if all costs are considered the agreement would lock the City into a net loss for a number of years, even though it would limit the City's loss. 2. A greater economic benefit would accrue to the City if we continue to operate the golf course. 3. City operation would eliminate any possibility of the golf course not being maintained. 4. We have a group of dedicated and capable City employees who have done an excellent job of upgrading and maintaining the golf course and their service deserves consideration. Cm Turner seconded the motion made by Cm Futch. Cm Miller stated that he does not agree with the motion and would like the City to renegotiate with GOLFAMERICA to provide terms sufficiently favorable to the City and will take care of the ongoing costs that are a concern of the Council. He felt that we should not decline the lease, outright. He then drew a graph to illustrate the fluctuation in rounds of golf played at the golf course and reasons why we should not decline the lease. Cm Futch stated that he feels the Council shares these concerns and would be agreeable to reviewing a different lease with differ- ent figures and would be open to reconsideration at any time. Mayor Pritchard stated that he would like the records to indicate that the Council's intention is to decline the lease before them and to consider another lease and Cm Miller stated that this is not really the motion. Cm Tirsell wondered if the golf course would have to charge fees that would "price our golfers out of the ability to play golf" in order for the City to come out alright. If GOLFAMERICA takes over it is a private enterprise with one source of income, not the restaurant or other general funds. If the hours of daylight and weather affect the City's income from the golf course it will affect that of a private enterprise. Cm Turner stated that he is opposed to leasing the golf course to someone else and would disagree that there is a fluctuation of golf playas he feels there is a trend towards more play and better returns to the City and would tend to feel that by next year the ~ golf course will be breaking even or even returning money to the City. The City Manager had projected an $ll,OOO deficit next year predicated upon a 50~ per round increase based on the same number of rounds experienced this year. CM-28-l13 May 6, 1974 (re golf course) Cm Miller mentioned the fact that the Mens Club had suggested a fee increase of $l which they felt would not be unreasonable and give some return to the City. The City Manager cautioned the City Council about the prospects of increasing the fees by $l indicating that in his opinion a $l increase would not be appropriate and would suggest a 50~ increase. Cm Miller commented that while Cm Tirsell may feel the City should subsidize the golf course, a number of people do not share this opinion and he has received many complaints regard- ing the deficits at the golf course which must be made up by people who do not play golf. He stated that whether or not this is right or wrong, it seems to be the majority feeling of the people of Livermore. Cm Tirsell stated that she has spoken with about 300 people in the past two weeks and that not one of them raised this concern. At this time a roll called vote was taken on Cm Futch's motion which passed 4-l as follows: Ayes: Cm Turner, Futch, Tirsell and MayorPritchard Noes: Cm Miller em Futch stated that if it would be considered appropriate at this time, he would like to move to increase the fee by 50~ to make the fee more compatible with other municipal golf courses. The City Manager requested that the staff be allowed to pre- sent a modified fee scale adding that it would be appropriate to choose a date for applying the fee and Cm Futch indicated that he would like to include this in the motion. Also added to the motion was the request that the Greens Committee advise the City as to what the fee structure should be, on a yearly basis, seconded by Cm Tirsell. em Miller wondered if this action would preclude consideration of possible increases at budget time and it was concluded that it would not. The motion passed by unanimous vote. RECESS Mayor Pritchard called for a short recess after which the meet- ing resumed with all members of the Council present. REPORT RE AGREEMENT BEVILACQUA TRACT 2619 (Kissell company) The City Attorney reported that the exact wording of the agree- ment between the Kissell Company and the City has not been worked out and that the latest version of the memorandum of agreement has been submitted to the Council but has not been reviewed. He stated that Mr. Watson, representing Kissell Company, has met with the City Attorney and the City Manager to discuss three areas of concern which were: l) construction of the Heather Lane bridge; 2) caculation of interest credit for monies paid by the original permittee for the construction of the houses and received by the City without refunding or being returned even though the per- mits were cancelled; and 3) park dedication. He stated that Kissell CM-28-ll4 May 6, 1974 (re Kissell Agreement) was given the option of acqu1r1ng and dedicating the original park site of four acres or in lieu of that dedication could provide a cash sum payable to the City for acquisition or means other than dedication from Kissell. Mr. Dewey Watson, stated that it would appear that the only change to the agreement that he would like to review and possibly change would be in 2.(f) with regard to the park. He stated that there has been no change except that the figure $36,000 has been inserted in the blank. As for the park, Kissell and the City are in agreement as they are either going to dedicate land or pay the City and explained that at present they are negotiating with the owner of the property in order to avoid paying the money if possible. Cm Miller wondered about the timing with regard to park dedication or paYment of money in lieu of, and Mr. Watson explained that they want to take care of this matter as soon as possible because approval of the subdivision improvements hinges on the park dedication. They cannot get FHA financing until approval has been given for the sub- division and if they cannot be financed they may as well not proceed. Cm Miller pointed out that there really should be a date set for all of these things to be resolved and suggested that the deadline be the 3rd of June and if necessary an extension of a couple of weeks might be alright. Mr. Watson stated that the 3rd of June would not be satisfactory be- cause as he has stated they are negotiating with the owner of the property for park dedication land and they do not want to pressure the owner because of a June 3rd deadline. The matter involving the purchase of this land for park dedication involves a lot of money and complicated questions with respect to lien claims and litigation and cannot be worked out in a short time. He explained that they really hope to have it settled in 2-3 weeks but at this time they do not know what problems they will run into and they are quite anxious to get it settled so that FHA financing can be obtained. The next matter discussed was the bridge on Heather Lane and Mr. Watson reported that they have been meeting with Zone 7 and are beginning work immediately. He commented that 3. (f) indicates that in lieu of a bond Kissell will provide certification that a contract for completion has been entered into and that the construction on the bridge will move forward to completion without delay and he ex- plained that they already have $2.5 million in the project and do not want to put up a $60,000 bond and they feel that their economic interest is sufficient guarantee that they will complete the bridge and project. Cm Miller stated that this same argument was presented by Mr. Bevilacqua 10 years ago and there is still no bridge out there and Mr. Watson stated that if the cash bond is required the City may have to look for another contractor and stated that he cannot understand why Mr. Bevilacqua said that because Bevilacqua didn't have any money into it. Mr. Wharton explained that the language of the agreement was written assuming that the bridge is required and felt that as a legal matter the wording offers sufficient protection for the City, and apologized for not including this in the Council packet for their review. He then asked Mr. Watson to read the provision to the Council which dealt with the bridge construction. Cm Miller felt that one of the suggestions might be to accept all improvements of Tract 2619 upon completion of the design and con- struction of the bridge, rather than a cash bond, and Mr. Watson replied that the problem with such a suggestion is that it may take as long as six months to complete the bridge. CM-28-1l5 May 6, 1974 (re Kissell Agreement) Cm Futch wondered if it would be reasonable to delay the signing of the agreement until such time as the contract has been let and Mr. Watson stated that at this point they would be going back to February with the problem of a guarantee from the City before Kissell Company starts committing $60,000-$200,000 more in cash to this project. He pointed out that they have talked with the City time and again and it was his understanding that things were pretty well worked out and every time he thinks an agreement can be reached, small provisions change and more prob- lems keep coming up. He added that if this is worked out then the next time the City will ask that the posts be put in for the bridge first, or some other provision will have to be taken care of. In his opinion there is enough protection written into the agreement for the City as it isn't committing itself to any- thing in terms of the tract acceptance until certain things are done and they can't sell the houses without tract acceptance be- cause FHA financing is required. The City Attorney agreed that the general concept of this agreement was satisfactory and proceeded with negotiations on the assumption that the Council was satisfied with the agreement, subject to cer- tain details. He feels that Kissell Company has acted responsibly during the past couple of months in trying to work things out and that it would be unwise to postpone the whole agreement. Mayor Pritchard asked Mr. Lee to respond to Zone 7's require- ments for the bridge and Mr. Lee stated that he does not know what they want in the way of bridge standards but they have been reduced because some of the water has been diverted, which will mean that the cost of the bridge construction will be re- duced. Cm Miller stated that he agrees that it would not be in anyone's interest to delay the agreement but wants to make sure that the City has some kind of provision to make sure that the City does not have to wait five years for the bridge to be constructed. Mayor Pritchard stated that Kissell has shown good faith in hav- ing its engineers work with Zone 7 in trying to determine what kind of bridge is required and that they are in an awkward position. He wondered if there would be any way the agreement could be modi- fied so as not to allow occupancy of the homes if the bridge is not constructed. He pointed out that he is willing to allow them to begin, on good faith, but if it turns out that the homes are completed and there is still no bridge would there be any recourse available? The City Attorney stated that he cannot give a clear answer as to whether or not this could be done but this might be a way of measuring the progress of Kissell and due to the economic conse- quences might be an incentive for them to complete the bridge. Mayor Pritchard stated that he feels it would be legal if both parties were to agree to such an arrangement which the City Attor- ney explained is not really the case. Mr. Watson stated that such an agreement would probably not be an advantage in obtaining the FHA loans necessary because they would be aSking FHA for loans for homes which cannot be occupied until such time as a bridge is constructed. He felt that their agreement to commence construction of the bridge should be suf- ficient, as they are certainly not going to begin construction and then abandon it in the middle of construction. CM-28-ll6 May 6, 1974 ~. (re Kissell Agreement) Y;/JIktlfk . Mayor Pritchard stated that he uu.. u" believeswhat Mr. Watson has said about walking away from the project if the City makes stringent provisions but would tend to go by what the City Attorney has said in that the agreement has sufficient protection for the City. Mr. Wharton stated that if Kissell comes in for tract acceptance and the bridge is 90% complete, in the estimate of the Director of Public Works, the cash bond would have to be only about $6,000 _ however, if the bridge is lOt complete a cash bond would have to be posted for $54,000, and Mr. Watson stated that the only problem is that if they come in for approval in about two weeks and every- thing is ready to go, they will have to post a cash bond in the amount of $60,000. He pointed out that they wish to come in for approval as soon as possible because they want to start selling these homes and have contractors lined up to finish up construction and they cannot sell until acceptance has been given by the City. em Tirsell stated that it would appear the l04 building permits which have to be obtained by Kissell could be used as leverage in getting the bridge completed and Cm Turner stated that he agrees with this as well as with what Mr. Watson has said and wondered if the City could require completion of the bridge prior to June 3, 1975, or prior to applying for the l04 building permits, whichever comes first. The City Attorney felt that something could be inserted in the lang- uage in Section 3. that "Kissell or its assign shall be granted reinstated building permits on l04 residential lots upon proper application provided that the bridge has been completed". This would give the City the certification, coupled with the understanding that within a year after exection of this agreement or June 3rd, if this is the preferred date, the bridge would be completed. This would allow an immediate commitment and an ultimate performance date both within the agreement. Mr. Watson indicated that he feels Kissell Company would be agreeable to this type of arrangement. Mr. Watson stated that Kissell Company maintains that it should be given credit for an additional 9 months interest because the permits were cancelled for the first time on January 23, 1974 and were renewed for a three month period. The original agreement indicated that Kissell would be given interest credit for the City's use of these funds during all the period of time the City had the funds and when there were no active permits. He pointed out that the fees for the l04 permits have already doubled and a question remains as to how much of a compromise the City is willing to make with regard to these fees. The City Attorney responded by saying that this subject is a legal technicality and if the City agrees to this it may be setting a precedent. He felt that the language represents a very substantial concession on the part of the City in that we are giving any interest credit at all. ~ Cm Tirsell moved to approve the memorandum of understanding, subject to the additional wording in F. (3), seconded by Cm Futch. The City Attorney stated that what he would propose is that F would require certification by the Kissell Board of Directors for the construction of the bridge to move forward to completion without delay for the contract that has been entered into. CM-28-ll7 ..~_._---_._...._-----_.._--..-.~--_.._."-_._--,~._.._->,._-.__._,-_.._.__...-......"_...,,.._.._.._"..~.. '... May 6, 1974 (re Kissell Agreement) Cm Miller stated that the permit fees the City is charging for renewal are building permit fees and not development fees in general, which is a concession because those permits expired and by the Building Code a full fee should be paid when they are taken out, and the City Attorney stated that he would pro- pose insertion of a phrase which states that building permit fees will be in accordance with Building Code 302, as amended, which deals only with the permit fee and not with any other development fee, which was included in the motion. At this time the Council voted unanimously in favor of adopting a resolution accepting the memorandum of agreement, as amended. RESOLUTION NO. 68-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT (The Kissell Company). REPORT RE PERSONNEL RULES MODIFICATION The City Manager reported that the staff has drafted some modi- fications to our existing City Personnel Rules and Regulations and copies have been distributed to the City Council. The mat- ter has been discussed with all of the employee organizations of our City, supervisors and department heads and it is recom- mended that the Council adopt a resolution adopting the proposed Personnel Rules. Cm Miller stated that in his agenda packet which he reviewed over the weekend there was a letter from the employees which included a detailed list and explanation of their views about the proposed amendments and that some appeared to be reasonable and would like the staff to respond to the City employees sug- gestions. Mayor Pritchard asked if the City Manager would respond to the employee suggestions in a report at the next meeting if the Council decides to postpone the matter and the City Manager indicated that he would not object to a postponement because of the fact that there is an amendment that must be written into the Personnel Rules due to a recently enacted federal statute covering federal minimum wage and overtime compensation. He suggested that the matter be continued for two weeks to allow the staff to refer the paragraph to be inserted to each of the employee groups and to speak with their representatives. Bob Diaz, representing the City employees, indicated that the study committee who put together the recommendations did not have the opportunity to examine some of the references in the proposed Rules and Regulations and that there is some wording yet to be resolved by their legal committee and re- quested a 30 day postponement. em Miller stated that he would be agreeable to a 30 day exten- sion and Mr. Parness explained that the matter was first post- poned on April l5th and at that time he had no objection to the postponement but that he can see no need for an extended delay. Mr. Diaz commented that the employees were not given sufficient notice and were not informed in a formal matter nor were they shown the proposed amendments. CM-28-ll8 May 6, 1974 (re City Personnel Rules & Regulations) em Miller stated that he can understand to get this taken care of expeditiously ous harm in putting it over for 30 days to look at the proposals, and so moved. Cm Turner. the City Manager's desire but feels there is no seri- which would allow everyone The motion was seconded by Cm Tirsell stated that it should be clearly understood that the Council intends to act on the matter the next time it comes before the Council, which would be June 3rd, and that there will be no further delay. Ray Weingarner, 736 Adams Avenue, representative of the Livermore Firemens Association, remarked that the new law which was passed is very involved and that what the City plans to do with it in 30 days may not be reasonable and this is based on the fact that those provisions of the wage that require any pay retroactivity should be installed and should be subject to employee consideration. Therefore, the organizations would like to be notified by the staff as soon as possible regarding their intentions concerning the new federal law. At this time the motion passed unanimously to continue the matter to the meeting of June 3rd. LETTER FROM B. C. RE CENTRAL BUSINESS DISTRICT LIGHTS A letter was received from the Beautification Committee with regard to the light standards in the central business district and Cm Miller commented that the City has already been committed to con- sider changes at the budget and moved that the letter be filed, seconded by Cm Tirsell and passed unanimously. REQUEST FOR FINANCIAL ASSISTANCE - GRANADA HIGH SCHOOL MUSIC DEPT. A letter was received from Granada High School's Music Department explaining that their A Capella Choir, Orchestra and Wind Ensemble have been invited to perform at "expo '74" in Spokane Washington and would like the City to donate $250 towards the trip. This request was based on the fact that Livermore High School A Capella Choir received $500 from the City to help finance a $l5,000 trip. (' Janet L. Pfeifer, Parent Fund-raising Chairman, explained that the group has been invited to perform at "expo '74" after they submitted a tape recording to the "expo '74" committee who made the selections of those to be invited. She indicated that they are very pleased that the Music Department is being represented in each of the three facets and they are all to perform on the same day. Cm Turner moved that the $250 be donated, as requested, and that the Council review their policy with regard to donations, seconded by Cm Tirsell. Cm Miller stated that he would like to amend the motion to state that this is the last request for financial assistance to be granted this fiscal year and that none will be granted until the policy has been resolved, seconded by Mayor Pritchard, which passed 4-l with Cm Tirsell dissenting. The main motion to allocate $250 towards the trip passed by unanimous vote. CM-28-ll9 May 6, 1974 REPORT RE OAKLAND SCAVENGER COMPANY CONTRACT EXTENSION Mr. Parness, the City Manager, reported that our City is partici- pating in the formulation of an accounting and rate review process to be used by all of the public jurisdictions in their contracts with the Oakland Scavenger Company which was to have been com- pleted: however, reports indicate that it will not be done prior to July l, 1974. Because of the joint powers agreement study and the new accounting system the City Council requested a 6-month extension of the collection contract to expire June 30, 1974 and since the accounting process will not be ready for our City's application the Oakland Scavenger Company has requested an addition- al 6-month extension to December 3l, 1974. It is recommended that the City Council adopt a motion authorizing the contract extension, as requested, subject to the continuance of the current contractural conditions, rates and charges. Mr. Parness was asked to explain, briefly, the events that led to the agreement with the other jurisdictions in retaining a con- sultant firm for the purpose of conducting an accounting study which he did. Lou Alberti, representative of the Livermore-Dublin Disposal Company (Oakland Scavenger) stated that they cannot live with all the recom- mendations made and they feel that these differences can be worked out with agreement to a subsequent reasonable proposal. The City Manager explained that our Finance Director has been meeting with the company about every week in an effort to come up with a plan that will be agreed upon and added that it is entirely conceivable that once this new system is finalized and ready for use among the public jurisdictions that it still might be his recommendation, and in turn the decision of the City Council, not to use it, since this contract is now expiring. It might be prudent for the City to receive bids after the 6-month extension, if it is granted. It is suggested that the joint powers agreement be reviewed but the City is not obligated to it. At this time Cm Miller moved to adopt the recommendation to extend the contract for an additional six months, seconded by Cm Turner and passed by unanimous vote. REPORT RE SENATE RESOLUTION 77 - DIRECTIVE TO PUC A report was submitted to the Council with regard to Senate Resolu- tion 77 which is recommended for adoption by the telephone company. em Miller stated that he is in favor of Senate Resolution 77: how- ever, the second paragraph of the resolution the City Council is being asked to adopt is stronger than that of Senate Resolution No. 77, and would vote for the resolution if the second paragraph is deleted. Cm Miller moved to adopt the resolution, as presented to the Council, with the deletion of the second paragraph, seconded by Cm Turner and passed unanimously. RESOLUTION NO. 69-14 A RESOLUTION SUPPORTING SENATE RESOLUTION 77 PASSED BY THE CALIFORNIA STATE SENATE ON FEBRUARY 6, 1974. CM-28-l20 May 6, 1974 REPORT RE BIDS FOR CAPITAL IMPROVEMENT PHASE I (l973-74) The Public Works Director gave an oral report, as well as having submitted a written report, on the bids that came in for the 1973-74 Capital Improvement Projects Phase I. He indicated that the cost of labor and materials have risen and the estimates for the projects by the Engineering staff were lower than the bids actually received (by about 20%) and Mr. Lee indicated that the low bid is probably the best the City can expect. A proration of cost between the City and the Junior College was also submitted for the sanitary sewer line and water line construction, and Mr. Lee explained that this may be questioned by the Junior COllege District and may be subject to change. The bids submitted were as follows: J & M Construction Co. Mission Pipeline Silva Pipeline McGuire and Hester Ernest E. Pestana Dalton Construction Co. Peter Cole Jensen, Inc. $309,424.50 328,995.00 331,055.40 337,227.00 340,lOO.00 390,l09.30 402,494.00 247,043.00 Engineer's Estimate It is recommended that the bid be awarded to J & M Construction, however Mr. Lee added that this information has been given to the college staff and they have indicated they were satisfied with the bids, but he would like to have their official word before the contract is actually awarded. Mr. Parness explained there were additives inserted that have to do with the casing cost and the college is aware of this, and approval of the low bid could be made contingent upon the receipt of a formal declaration from the college. Cm Miller made a motion to that effect, subject to the following which he felt could change: the bids are high and the estimate for the Jr. College line is $45,000 over the estimate which is within about $5,000-$lO,000 of the excess the City is paying for over size lines, and he suggested that by building smaller size line, the cost would be closer to the engineer's estimate. The motion was seconded by the Mayor, however failed 3-2 with Cm. Futch, Tirsell and Turner dissenting. Cm. Futch pointed out that the line that has been bid is approximately half the size that was approved previously by the Council, and did not think they should go back on that, and made a motion that the Council approve the bids subject to assurance from the Jr. College District as suggested by the City Manager; motion was seconded by Cm. Tirsell and approved 4-1 with Cm Miller dissenting. Mr. Parness questioned if this was concurrence in the accounting suggestion here and the Director of Public Works as to the cost that should be assumed by the college, and Cm. Futch stated he accepted the figures of the Public Works Director if in his opinion that was a resonable way to proceed. Mr. Parness stated there may be some debate with regard to the proportionate amount of the casing and the interest attachment. ( I AIRPORT DIRECTIONAL SIGN Mr. Parness explained that the subject of the airport directional sign was transmitted to the Design Review Committee, however the committee rejected the idea that they should design a new sign_i but indicated CM-28-l2l May 6, 1974 (Airport Directional Sign) they would be glad to assist in the preparation of a design. The Beautification Committee did review with a member of our staff an alternate design and approved it. It has lines comparable to that now used and uses most of the material of the present sign. Louis Trotter of the Planning Department, who had designed the sign, explained the features of the sign more in detail and answered the questions put to him by the Councilmembers. Cm Miller admitted that Mr. Trotter had done a very good job in re- doing the old sign, but felt there would be some merit in exam1n1ng a national park type, square rectangular sign, getting cost esti- mates and comparing the two before a decision is made. He suggested that Mr. Trotter and the Beautification Committee investigate the matter. Cm. Futch commented that the Design Review Committee had stated that although they did not wish to design a sign, they would be happy to review it, and rather than the Council making the judgment, he suggested they also have input from them on both types of signs~ Mr. Musso stated that they had investigated that type of sign, but behind a freeway fence, it did not lend itself to that type of sign, and felt a pole type would be the only way to go, however Cm. Miller felt that it could be raised above the freeway fence, and moved that the Council ask the Beautification Committee and the staff liaison prepare a cost estimate on the design for a rectan- ular brown sign, and the two designs be submitted to the Beauti- fication Committee and Design Review Committee for review. Motion was seconded by em Turner and passed 4-l with Cm Futch dissenting, as he felt the present sign is in scale with the use and favored maintaining the present sign. REPORT FROM LEAGUE OF CALIF. CITIES RE STATE PROPOSITIONS The City Council members discussed the Ballot propositions for the Statewide Election of June 4, 1974, and made the following motions for the propositions: proposition l. Beach, Park and Recreational Bonds Endorsed an aye vote on motion of Cm Futch, seconded by Cm Miller and by unanimous vote. proposition 3. Veterans' Bond Act of 1974 Endorsed an aye vote on motion of Cm Miller seconded by em Turner and by unanimous vote. proposition 5. Expenditure of Highway User Revenue For Mass Transit and Street and Highway Bonds Endorsed an aye vote on motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote. proposition 6. Open Meetings of the Legislature Endorsed an aye vote on motion of Cm Tirsell, seconded by Cm Miller and by unanimous vote. proposition 9. Political Reform Act of 1974 Endorse an aye vote on motion of Cm Futch, seconded by Cm Tirsell and by unanimous vote. CM-28-122 May 6, 1974 REPORT FROM CITY ATTORNEY RE CONDEMNA- TION OF CASTILLEJA III CONDOMINIUM GILLICE A report was submitted by the City Attorney with regard to the course of action the City Council might take with regard to the Castilleja III Condominium (Gillice). It is the contention of the City that sale of the units should be stopped because the developer had failed to meet the requirements for the issuance of a state "white paper" approving sales in the subdivision, as he did not have an approved subdivision map to submit to the Department of Real Estate. After corresponding with the State Department of Real Estate they have indicated that a copy of map number 9ll has been received and they are satisfied that all of the requirements have been met. The report from the City Attorney indicated that with regard to the course of action available to the City, direct alternatives would be to file a suit in the Superior Court to restrain further sales, and simultaneously we can request a temporary restraining order which if granted would take immediate effect. We can file with the DA a complaint charging the developer with the misdemeanor crime of violat- ing the Map Act and in addition to the above, we can file with the County Recorder a notice of violation of the Map Act. Cm Miller moved that the Council adopt the recommendation for the more direct alternatives, seconded by Cm Turner. The City Attorney explained that there are three alternatives and that one has already been done, which is the filing of a notice of violation with the County Recorder. The other two would be to file a suit with the Superior Court and to file a compalint with the District Attorney and wondered if the Council would like these two things to be undertaken simultaneously or, having filed the notice of violation, to first consult with the District Attorney to see whether or not it would be appropriate to proceed with the misdemeanor allegation. em Miller stated that his motion is to continue with all of these alternatives subject to the City Attorney's judgment regarding whether it would be best to do one or all, and would like a report after he has contacted the District Attorney. The motion passed unanimously. REPORT FROM DESIGN REVIEW COMM. RE STREET LIGHTS A report on the street lighting to be used at the "P" Street underpass was submitted to the Council by the Design Review Committee and it was noted that it may be too late for the Council to consider design changes because the Council has already declared that the cobra fixtures would be used and this decision has been passed on to the electrical design engineer. If the Council would like to consider any change it is recommended that the matter be postponed so that the staff can determine the status of the design work and any variances and expenses. ( Cm Miller moved to direct the staff to see if we can get spherical fixtures as a replacement for the cobra heads and to follow the recommendation of the Design Review Committee which was for the City to install the spherical fixtures using sodium vapor light source, seconded by Mayor Pritchard. Mayor Pritchard wondered if the Design Review Committee took into consideration the safety problems in installing the spherical fix- ture and Mr. Street, representative of the committee, stated that they did discuss this point and the specific fixtures the Design Review Committee recommended should not create any more glare than CM-28-l23 May 6, 1974 (Street Lighting at Underpasses) the cobra heads. He pointed out that there are various intensities available and they chose the Sonoma style for this reason. At this time Cm Futch brought up the question of the amount of money that would be involved and the City Manager explained that this should be an important consideration because the price of the spherical fixtures originally specified was $2,000 apiece and suggested that the staff be instructed to look into the cost to determine how far the contractor has committed himself to the acquisition of the cobra fixtures with a report back to the Coun- cil and it may be the desire of the City to make modifications sub- ject to price consideration. Cm Miller stated that he would like to change the motion if the second would agree, to say that it is the intent of the Council to change the spherical fixtures subject to the ability to stop the orders and consideration of the cost, seconded by Mayor Pritchard, which passed by unanimous vote. REPORTS FROM THE PLANNING COMMISSION A report was received from the Planning Commission regarding the amendment to the PD-l5 zoning District (Carlton Square area) and on motion of Cm Turner, seconded by Cm Miller and by unanimous vote a public hearing was set for May 20, 1974. The Planning Commission minutes were received for their meetings of April 9 and 23, noted for filing. MATTERS INITIATED BY THE STAFF (re RR Project) The City Attorney stated that in order to proceed with the rail- road project it is necessary to condemn properties along Railroad Avenue and that Burt and Charles Lidster have been retained by the City to act as right-of-way agents in this regard and would like the Council to adopt a resolution authorizing and directing con- demnation of these properties. He explained that this would be used as a last resort and that they prefer to work with the residents and negotiate with respect to the value of their property. He then read portions of the resolution to the Council and on mo- tion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the following resolution was adopted. RESOLUTION NO. 70-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE WHICH THE CITY COUNCIL HAS DETERMINED ARE 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. The City Attorney commented that a resolution approving execution of the agreement with Hensel-Phelps Construction Company and approv- ing the bonds in the Railroad Assessment District also needs to be adopted, and on motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote the resolution was adopted. RESOLUTION NO. 7l-74 RESOLUTION APPROVING EXECUTION OF AGREEMENT BETWEEN HENSEL PHELPS CONSTRUCTION COMPANY, A CORPORATION AND THE CITY OF LIVERMORE, FOR WORK TO BE DONE, AND APPROVING BONDS IN THE RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE, CM-28-124 May 6, 1974 MATTERS INITIATED BY THE COUNCIL (Traffic Signals at Concannon & Holmes St.) Cm Turner asked the Public Works Director the status of the traffic signals at the corner of Concannon and Holmes Street and Mr. Lee explained that matters are not progressing nearly as well as ex- pected and briefly reported on this item. Cm Turner wondered if the installation of the signals would be complete this year and Mr. Lee indicated that they should be in by October. He stated that this is a very substantial project which is estimated at $85,000 at this time and the cost may amount to even more but the state has been slow in approving the allocation for the project. em Miller stated that it was his understanding that Mr. Mehran was going to pay for the cost of the signals and it was explained that Mr. Mehran had offered to pay $40,000 towards the project. Mr. Parness replied that Mr. Mehran was to be reimbursed as the state participated and Cm Futch commented that he understood that Mr. Mehran would pay for the installation so that we would not have to wait for the state, and then be reimbursed, and now it appears that we are again waiting for the state. Mr. Lee explained that if the City went ahead with the project without the state's approval they would not participate at all which means, essentially, that the City is at the state's mercy. Discussion followed regarding various things that might be done to speed up installation of the lights, and the staff was asked to present a copy of the agreement to the Council. (re Hazardous Cross- walk at Holmes Street and Catalina) Cm Turner stated that he has been approached by a group of older residents living in the apartments on Catalina across from the shopping center who are concerned with the only crosswalk available to them at the corner of Holmes Street and Catalina Drive. He explained that cars exit off of Holmes Street rather rapidly and the older people are concerned about not being able to get out of the way of these cars. He suggested that perhaps a crosswalk could be provided at Barcelona and Catalina, one block down from the present crosswalk, and the staff agreed to investigate that possibility. (Complaints re Noisy Ice Cream Trucks) Cm Miller stated that he is reCe1v1ng numerous complaints about the noisy ice cream trucks and wondered if something can be done to get rid of this type of noise. ( Mr. Parness explained that the City has no ordinance to prohibit the ice cream truck vendors and about the only thing the City can do is ask their consideration and that the noise be made softer. Cm Miller stated that these trucks are a public nuisance and suggest- ed that the City Attorney be directed to look into the matter, and Mr. Wharton noted that he would report back to the Council on it. CM-28-l25 --'---.-,."--..-.,----..~---.___,__.,__.__.w.~,.._._ May 6, 1974 (re Greens Committee Term) Cm Futch stated that he has been asked by members of the Greens Committee what length of term has been established for their committee members and the City Manager explained that the Council has not really established a procedure for electing members and the term has not been established. He stated that the only re- volving office is the president for the men's club and the women's club and that people were selected with no term mentioned. It was noted that there is an 8-year limit on all the other committees and the Council asked for the names of the members. Mayor Pritchard mentioned that the president of the men's club is not a Livermore resident and it is his understanding that it is the policy of the City that people other than Livermore resi- dents are not allowed to serve on our committees. Mr. Parness explained that this is true except in cases in which outside residents are catered to, using the Library Board as an example and the Council noted that this policy has been changed so that it is consistent and it has been agreed upon by this Council that no outside resident shall serve on any committee. (re Filing of Dr. Rocco's statement) Cm Tirsell asked the City Attorney what the City's views are regarding the filing of Dr. Rocco'S statement and the City Attorney replied that the statement filed by Dr. Rocco was referred to the District Attorney last Friday and he planned to discuss the matter with him. There are three issues at hand, as follows: l) lateness, 2) disclosure, and 3) excessive expenditures. He stated that he will report to the Council on this item next week. (re Bill re Pop Top Cans) Cm Tirsell stated that there is a bill in legislature to ban pop top cans and that she would like the Council to endorse the bill. On motion of em Miller, seconded by Cm Tirsell and by unanimous vote the Council supports legislation banning pop top cans. ADJOURNMENT to an APPROVE ATTEST CM-28-l26 Regular Meeting of May l3, 1974 A regular meeting of the City Council was held on May l4, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:02 p.m. with Mayor Pritchard presiding. ROLL CALL PRESENT: Councilmembers Turner, Miller, Tirsell and Mayor Pritchard ABSENT: Councilmember Futch (Excused Business Trip) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the minutes for the meeting of May 6, 1974, were approved, as corrected. OPEN FORUM (Traffic - The Tower on Holmes Street) Ray Faltings, lOl8 Via Granada, stated that he has noticed cars leaving from The Towers area and that the right turn only sign is presenting a problem with traffic and would suggest red curbing on both sides of the exit for safer turning onto Holmes Street. (re Zone 7 Improvements) Ray Faltings also commented on the improvements Zone 7 has made along Holmes Street pointing out that they are definitely not improvements to the road and would urge the City to request that Zone 7 return the street to the condition it was in prior to the opening of the street. (re Kissell's Request for Interest Earned on Escrow Money) Ray Faltings stated that Kissell company has requested that the City return the interest earned on money held in escrow and suggested that if the City intends to return this money to Kissell that the Council consider keeping it until the bridge work is complete. The Public Works Director indicated that he will report back to the Council on this item. ~ ( DISCUSSION RE JOINT POWERS AGREEMENT - ALA. CTY. REG. CRIM. JUSTICE BD. The report regarding the joint powers agreement for the Alameda County Regional Criminal Justice Planning Board was removed from the Consent Calendar for discussion. It was reported that new regulations established by the Federal Law Enforcement Assistance Administration requires a reconstruction of the Regional Board membership so that the majority is comprised of elected members. CM-28-l27 May l3, 1974 (Alameda County Regional Criminal Justice Board) Cm Turner stated that he agrees with the joint powers agreement but would like to make some suggestions for a change in repre- sentation as follows: 1 m,~mber from the Oakland City Council - 2. (f) 1 ml~mber from each city's City Council - an elected rep. 1 ~~mber from the Board of Supervisors (County) - 2.(b) The City Manager stated that he can appreciate these suggestions but it should be taken into account that we are guided by cer- tain dic'tates as passed along by the Law Enforcement Assistance Administration from washington and through the California Commis- sion of Criminal Justice and there are policy guidelines that must be observed in the constitution of regional boards. He pointed out that it is specifically set forth as to the number of elected offi- cials to serve on this board and that there is to be a predominant number of representatives from those cities with an excess of lOO,OOO people. The reason is that those cities with the larger population have the seat of criminal justice influence and difficul- ties and therefore should have more representation than those with the lesser population. Cm Miller felt there was some merit in having every city that is a member of the joint powers agreement be represented by an elec- ted official and Mr. Parness explained that allowing representation from each city would take away representation from the larger cities, as 7 eleicted appointees will be allowed from the l3 cities. Cm Tirse!ll pointed out that the valley has some unique problems that the! Board should be aware of, even though we do not have the density of population and wondered if we could petition to request that OnE! spot be reserved for our valley with an elected official representing it. Mr. Parness felt this might be a reasonable suggestion as he has been a ~~ember since the initiation and in addition, the valley has been given one of the public member assignments. The Council suggested that the City Manager specify that there be representation from the valley and Mr. Parness felt it would be best to ask that one of the 7 elected officials be selected from the valley as outlined in 2.(g). He suggested that the City council approve the adoption of the joint powers agreement with the condition that it strongly recommends that one of the seven public Inembers, by virtue of the geographical consideration, be a valley resident, so moved by Cm Tirsell, seconded by Cm Turner and pas;sed unanimously. CONSENT CALENDAR Resolutions re Capital Imp. Projects The following resolutions were adopted by the Council regarding capital improvements projects: RESOLUTION NO. 72-74 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE 1972-73 CAPITAL IMPROVEMENT PROJECTS - PHASE II RESOLUTION NO. 73-74 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE POLICE BUILDING - PROJECT 73-74 CM-28-JL28 May 13, 1974 RESOLUTION NO. 74-74 (Notice of Completion Public Works - Enos and Portola Avenue) r A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE ENOS AND PORTOLA AVENUE INTERSECTION IMPROVEMENTS PROJECT 73-40 Acceptance of Subdivision Sunset Tract 3407 A resolution accepting Tract 3407 (Sunset Development) was adopted by the Council. The tract consists of 210 lots, 136.97 acres lying south of Lexington Avenue, from Holmes Street to Arroyo Road, and all improvements have been installed to City standards and are ready for acceptance for maintenance by the City of Livermore. RESOLUTION NO. 75-74 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3407 (Sunset Development Company) Re "P" Street Under- ground District It is required by law that a District must be established by Council order so that abutting private properties must provide underground lateral service connections related to "P" Street undergrounding and the City will participate from sources provided by P.G. & E. as mandated by PUC programs. It is recommended that the Council adopt a resolution indicating intent to establish a District and setting a public hearing. RESOLUTION NO. 76-74 A RESOLUTION ESTABLISHING AN UNDERGROUND DISTRICT ON "P" STREET Report re SB l786 The City Manager reported that SB 1786 would be negative to our business license revenues in addition to its precedent establish- ment and recommended that the Council adopt a motion recommending that our legislative representatives oppose this measure. Report re Street Easement Property Acquisitions The owners of three parcels of property necessary to complete the widening of East Stanley Boulevard and the extension of Quezaltenango Parkway projects declined to sell property to the City and the follow- ing resolutions were adopted by the Council authorizing condemnation proceedings: RESOLUTION NO. 77-74 r I \ A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC PARKWAY AND RELATED PURPOSES OF A STRIP OF LAND 20 FEET BY 75 FEET EASTERLY OF QUEZAL- TENANGO PARKWAY AND SOUTHERLY OF ALMOND AVENUE PARK IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. CM-28-129 May 13, 1974 (Property Acquisition- Condemnation Proceedings) RESOLUTION NO. 78-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC STREET AND RELATED PURPOSES OF TWO STRIPS OF LAND EACH 36 FEET WIDE LO- CATED, RESPECTIVELY, BETWEEN POINTS 320 FEET EASTERLY AND 440 FEET EASTERLY OF THE CENTERLINE OF ISABEL AVE- NUE, AND 650 FEET EASTERLY AND 750 FEET EASTERLY OF THE CENTERLINE OF ISABEL AVENUE, ON EAST STANLEY BOULE- VARD IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA. Appts. to Vari- ous Committees Appointments were made to various committees, as follows: ACAP "B" Board - Christine Sherman community Affairs Committee - Carol Brown and Richard L. wright Industrial Advisory Board - Ted Jenkins APPROVAL OF CONSENT CALENDAR The Consent Calendar was approved on motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote of the Council. COMMUNICATIONS A communication was received from VanVleck Real Estate with respect to rezoning of property located on First Street and US 580 owned by the Judsons, requesting reinitiation of the zoning application. Notice of a public hearing regarding AB 2040 (Knox) relative to Bay Area Regional Planning Agency was submitted to the City Council. The Council's recommendation regarding this matter had been forwarded to the League and our legislative representatives. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, these matters were noted and filed. REPORT RE STREET UTILITY SERVICES - HUTKA INDUS- TRIAL DEVELOPMENT The City Manager reported that a dispute has arisen between the City engineering staff and Mr. Hutka (industrial developer) over an eastl west access (North Mines Road-First Street area). Mr. Hutka wishes to install a private drive with an easement of about 30 feet dedi- cated to the City which would contain utility services and the engin- eering staff feels that a standard City street should be used. Mr. Lee, the Public Works Director, explained that he is concerned about the number of openings along the median off Mines Road - there is an opening just north of the proposed easement to serve Intel and in his opinion the easement is not wide enough to serve as an industrial street. He added that at the time Hutka's parcels were approved (to the north of Mines Road) there was a condition that an opening would not be allowed and the Planning Commission and Council will ultimately determine what the layout should be. He stated that at the time approval was given for the parcels Mr. Hutka was informed of this requirement. He then presented illustrations of what the City Engineering Department has in mind. CM-28-l30 ( \ ~\ May 13, 1974 (Hutka Industrial Development) Mr. Lee explained that the situation which brought up various questions was the fact that the developer started the construction of a l2-inch water main which he expected to be a public main that would be maintained on an easement on his property which Mr. Lee stated is planning by default and the City must know how the area is really going to be served so that we are not building problems. Mr. Lee stated that everyone has been interested in seeing the area developed but at this point there must be some decision as to what the street system is going to be. When asked what his recommenda- tion would be he showed various illustrations of plans which could be selected, followed by discussion regarding the alternatives. Cm Miller stated that the issue before the Council is not whether the street plan is going to be approved but rather if an easement will be allowed and in his opinion such an easement should not be a11owed~ A street plan should be selected with Mr. Hutka working with the staff to determine which would be the best for his purposes. He then moved that the Council deny Mr. Hutka's appeal for an ease- ment, and the staff and Mr. Hutka select the most suitable plan. Motion was seconded by Cm Tirse1l. Mr. Lee noted that the objections of the staff were explained to Mr. Hutka but the drawings are fairly recent and he has not had the opportunity to review them. Ed Hutka, 1019 Angelica Way, stated that prior to any development of this land he was requested to submit a master plan to the City which was an expense of nearly $3,000. This plan indicated where all of the utilities would be located and they were discussed in detail. He pointed out that at the time, the eastern portion of the land was not in the City limits and therefore the copies regarding this portion were not included with the original master plan. He then presented copies of the eastern portion to be included in the original set of plans. He pointed out that his people build according to this master plan and noted that the master plan shows the water main referred to by Mr. Lee. Mr. Lee explained that the fire line would not have been interpreted to be a public street, as it is on a rear line. There was then discussion regarding the descrepancies on the map by Mr. Hutka and the one retained by the City and Mr. Hutka explained that the lot sizes could not be predetermined. This would have to be determined by the customer and the use and that the ordinance provides that lots do not have to front on streets but must have a 24-foot easement to them, such as the conditions for PG&E, PT&T and other utilities. He stated that the whole project will not depend on whether there is a cut in the median - if the traffic can get around they do not care whether or not there is a cut. He stated that the reason he is before the Council now is because the City turned the building around and for some 250 ft. he cannot have an open- ing even though he is going to build North Mines Road and deed it to the City. Mr. Lee stated that the City does not have the map being used for illustrating the area tonight and that it shows a building on one parcel and on the basis of the map would never have assumed that there was to be an easement or easement street into the property. He stated that at the time the permit was issued for the building (warehouse) Mr. Hutka was warned that the City could not approve a street back into the property and would not want to accept water lines on that easement and Mr. Hutka stated that they could worry about it when the time comes - the next thing the City knew, the line was installed. Mr. Hutka was quite aware of the problem and was given fair warning. CM-28-131 ---"---'-"--'.'-'<----..--.-..-.--.....,.---.-"...".~'-"'-"~---"---'-'--,-",~~,---",-_._-"---"""-",,---. May 13, 1974 (Hutka Industrial Development) Mr. Hutka stated that under some of these arrangements 30-40% of the land would be taken away from him : or setbacks, streets and easements, the developer would have to improve the streets and get nothing out of it. He felt all the costs involved in developing industrial property are excessive. If the problem is that the City wants a detect or check valve and that they can not have a meter, even though all other utilities will have meters, this is not a major item. He stated that if the City wants to retain the 40' of planter area, they would agree to let it remain, and they would also agree to a detector check valve. He stated that what the City is suggesting would reduce the industrial park by 5-6 acres and give the City 2,000-3,000 feet of street to maintain in addition to reducing the number of industrial buildings that produce revenue to the City. He stated that in many industrial parks there are guards and if there is a public street they will not be able to close the street access to the public. The Mayor asked Mr. Hutka if it is true that Mr. Lee told Mr. Hutka this could be a problem if he proceeded with the water lines, and Mr. Hutka stated that Mr. Lee told him of many things that could be a problem and in his opinion Mr. Lee "asks for the world". Cm Tirsell pointed out that Mr. Lee acts as representative to the Council in the way of a staff member, tells developers what our ordinances require and what the Council policies are _ he does not invent rules as he goes along. Mr. Hutka stated that this week is the first time there was any indication that the lines could not go in and that there could not be an easement to his property. He pointed out that the ordinance definitely provides for easements to lots located to the rear of the property. Cm Miller asked, in what sense does this water line have to do with the streets and Mr. Lee replied, not a lot. Adequate access to the rear properties is really the big issue. The water line is also an issue because it was done without authorization and if it is accepted the City will be accepting an easement and a substandard roadway into an industrial area which may end up being 30 ft. wide and 900 ft. long. Cm Miller wondered if the line could be a private line, independent of the street, and Mr. Lee stated that it could if it had a meter installed at the property line (on Mines Road) to indicate if water is being used out of the fire system. He stated that he knows of no utility that allows extension onto private property because in time there would be no control over the amount of water being used. He added that this is done routinely without casting asper- sions on the integrity of anyone. Cm Miller stated that he has served on the Planning Commission and Council for eight years and is beginning to resent the consistent attacks upon the City by Mr. Hutka and feels the time has corne for him to abide by the City ordinances and regulations and to stop trying for variances every step along the way. He pointed out that those developers who abide by our ordinances get their projects approved in a rather short period of time. Mr. Hutka has the option to haggle over various issues and even to "badmouth" the City but Cm Miller stated that he intends to protect the public by maintaining our rules and regulations and standards. At this time the motion passed by unanimous vote. CM-28-l32 May 13, 1974 REPORT RE STRUCTURAL INVESTIGATION OF FORMER POLICE STATION The City Manager reported that that the current fiscal budget provides funds for building modifications to the former police station to permit occupancy and use by the Fire Department. Prior to any work being done a private structural engineering firm was retained to inspect the building to determine its structural con- dition and serviceability. It was the recommendation of Gop1en & Yokoyama of Berkeley that the building's structural integrity is questionable and dangerous to human health and safety in the event a severe earthquake should occur. It is recommended that the building not be occupied for Fire Department housing purposes and that the City Manager be instructed to recommend an alternate or substitute station facility. The City Manager stated that he would like to clarify that the Council is speaking about the Police building and not Fire Station 1, because it was erroneously reported by the press that the structure of Fire Station 1 is being considered. He stated that our Chief Building Inspector conducted a very detailed investigation of the former Police building as well as investigation by a private firm with a report from both submitted to the Council. The private firm investigated only the visual portion of the structure and in their opinion nothing would be gained by a more intense investiga- tion other than to substantiate their views and would be very costly to the City. It appears that the only choice is to search for alternate means of housing for the Fire Department. It is requested that the matter be referred back to the City Manager for working out alternates for Council review. Mayor Pritchard wondered if a suggestion might be for a new fire station, and the City Manager stated that he believes this will be the case but that the current site will probably not be the recom- mended site due to the size and location of the site. Cm Miller moved to adopt the City Manager's recommendation, seconded by Cm Tirsel1 which passed by unanimous vote. REPORT RE PARK SITE ACQUISITION (Robert Livermore Park) LARPD has expressed its desire to acquire 9 acres of land at the Robert Livermore Park area which would benefit the park utilization; however, the owner of the residential property has rejected an offer of the appraised value of the property. Therefore, if the City Council would like to acquire this property, a resolution of condemnation should be adopted. Cm Miller moved to undertake condemnation, and that the Council adopt the appropriate resolution, seconded by Cm Turner and passed unanimously. RESOLUTION NO. 79-74 ( A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC PARK AND RELATED PURPOSES OF A STRIP OF LAND 260 FEET BY l508 FEET FRONTING ON EAST AVENUE AND ADJOINING ROBERT LIVERMORE PARK IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. CM-28-l33 May 13, 1974 REPORT RE BIKE PATH AGREEMENT (State & Local) The Director of Public Works reported that the City of Livermore has requested state participation in the proposed bike path con- struction located along the Arroyo Mocho Parkway and the state has agreed to participate. The estimated cost for the project will be $20,725 for which the City will pay $12,751.74, to be derived from the Park Fund. Cm Miller stated that it was his understanding the money for bike paths would come from the gas tax money and Mr. Parness stated that he believes this is not the case wherein the bike paths are situated on arroyos, not streets. Cm. Tirsel1 moved to authorize execution of agreement with the state for the bike path funds, seconded by Cm. Turner. Cm. Miller wondered how this could be done if it was not provided for in the budget and the City Manager explained that there is a lump sum of money left over in the Park Fund which will be used to satisfy the paper work, but the actual funds will be derived from next year's budget and will be provided for. Cm. Miller stated that this represents a substantial amount to be expended and would move that the matter be postponed for one week, seconded by Cm. Tirsell and passed unanimously. REPORT RE HOLMES STREET & CONCANNON BOULEVARD TRAFFIC SIGNALS Mr. Lee presented copies of correspondence which has taken place with the state regarding traffic signals to be installed at the intersection of Holmes Street and Concannon Boulevard. ern Miller otated that at the last meeting it was mentioned that Mr. Mehran was to pay $40,000 towards the installation of the signals and would be later reimbursed by the state. He pointed out that there is no $40,000 limit but that Mr. Mehran was to pay the total cost and to be reimbursed by the state for their portion of the cost and that Mr. Mehran would pay no more than half. Mr. Parness commented that he has made a personal appeal to one of the high officials in the State Division of Transportation and furnished him with all the recorded history compiled by Mr. Lee and he has pledged to do all he can to expedite matters; however, he indicated that it will probably be late fall before the signals can be installed. REPORT RE SCHOOL HOUSING DISCLOSURE (Proposed Ordinance) The City Attorney reported that the School District has requested that the City Council adopt an ordinance that will make it manda- tory for developers to issue an information sheet to homeowners regarding school facilities approved by the School District. Mr. Wharton explained that the state has preempted most of the authority in this matter. The Business and Professions code re- quires disclosure of this information to prospective home buyers and one of the problems is that full disclosure may not be fully distributed or given the kind of visability that it deserves in order to make the message clear to the homebuyer and resident. The School District may have some opportunity to communicate the information in more detail and clear terms than what is being trans- mitted to the homebuyer. Under state law there is very little that the City could undertake, by way of legislative action, to deal with the situation. CM-28-134 May l3, 1974 (Proposed School Housing Disclosure Ordinance) ~ Cm Miller asked if what the City Attorney is saying, essentially, is that the City can do nothing as far as its own ordinances are concerned but the School District could have more elaborate informa- tion available for the City to encourage distribution of by the developers, and the City Attorney replied that this is correct. Mr. Wharton explained that part of the problem is that some of what is transmitted as firm and positive is, in fact, tentative and sub- ject to change. Subsequently, the person who buys a home in anticipa- tion that there will be a school right around the corner is dismayed to learn that the school will not be built there but will be quite a few blocks away. There was some discussion regarding the possibility of erecting signs in proposed school sites indicating that such is a school site but subject to change so that home buyers might be better informed and the possibility of granting the School District an encroachment permit for posting a sign in the public right-of-way. The City Attorney stated that the developer is already required by law to communicate detailed information to the home buyer and the City should make sure that what they are providing is crystal clear and should be the first area of concentration. There may be other means for transmitting such information and signs, in addition to the prospectus to the home buyer. Cm. Miller moved that the memo from the City Attorney be forwarded to the School District with the suggestion that their statement to the Real Estate Commission be strengthened; that the City would be willing to cooperate in requesting that developers distribute appropriate information; that the City would also be willing to discuss a cooperative agreement whereby appropriate information could be posted as signs on school sites and strategic locations in the public right-of-way. This motion was seconded by Mayor Pritchard, and a suggestion was added by Cm. Tirsell indicating that the Dis- trict be given every opportunity to communicate in any way possible the information re school sites, with the City willing to cooperate. This amendment was agreed to by the motion maker and second and was approved unanimously. REPORT RE DEMOLITION OF UNSAFE BUILDING The Chief Building Inspector, Mr. Street, reported that in accord- ance with the provisions of our Building Code a residence structure located at 1984 Railroad Avenue has been inspected and found to be unsafe for human occupancy. The owner has been notified, the structure posted, and no appeal or action has been taken. The Build- ing Code provides for demolition of such a building and it is re- quested that the Council adopt a resolution declaring the building to be a public nuisance and to commence with abatement proceedings, so moved by Cm Turner, seconded by Cm Tirse11 and passed unanimously. RESOLUTION NO. 80-74 (' RESOLUTION AUTHORIZING COMMENCEMENT OF ABATE- MENT PROCEDURE FOR BUILDING AT 1984 RAILROAD AVENUE. CM-28-135 May 13, 1974 REPORT RE NEED FOR TAX RELIEF - GEN. PLAN It has been recommended by the Planning Commission and Plan- ning Director that the City Council adopt the Chino resolution related to the need for tax relief to implement the Conservation and Open Space Elements of the General Plan and on motion of Cm Miller, seconded by Cm Turner and by unanimous vote a resolu- tion was adopted based on the Chino resolution. RESOLUTION NO. 8l-74 A RESOLUTION OF THE CITY COUNCIL OF HE CITY OF LIVERMORE CONCERNING THE NEED FOR STATE TAX RE- LIEF TO IMPLEMENT THE CONSERVATION AND OPEN SPACE ELEMENTS OF GENERAL PLANS. RE EXTENSION DATE RE CERTAIN GEN. PLAN ELEMENTS Planning Director George Musso submitted a resolution and application form proposed to be filed with the Office of Planning and Research so as to obtain approval of the Council on Intergovernmental Relations for an extension in due date of certain General Plan Elements, until August of 1975. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the resolution was adopted. RESOLUTION NO. 82-74 RESOLUTION REQUESTING EXTENSION OF DATE FOR ADOPTING SEISMIC SAFETY, NOISE, SCENIC HIGH- WAY, AND SAFETY ELEMENTS OF THE GENERAL PLAN FOR THE CITY OF LIVERMORE. PUBLIC HEARING DATE SET FOR ZONING OF RECENTLY ANNEXED FIRST STREET AREA The Planning Commission held a public hearing on proposed rezon- ing of properties located on the north and south sides of First Street and in accordance with the Zoning Ordinance at least one public hearing must be held by the City Council. On motion of Cm Turner, seconded by Cm Miller and by unanimous vote, a public hearing was scheduled for June 3, 1974. REPORT RE CUP APP. FOR DAY SCHOOL- NURSERY SCHOOL The Planning Commission approved a CUP application of Loris A. Muat for a CUP to permit a Day Nursery School use at 359 Jensen Street until June 1, 1976, with review of the permit at the end of a six-months period, and consideration of an Environmental Impact - Negative Declaration. This item was noted for filing. CM-28-l36 May l3, 1974 REPORT RE LARPD LIAISON COMMITTEE Cm Miller gave an oral report on the meeting between the City Council representatives (Miller and Turner) and LARPD regarding the possibility of the joint use of the Ravenwood villa. LARPD is particularly interested in working out some type of agreement so that they will be able to apply for a state grant to help pay for the cost of reconstruction of the building and development of the park. Cm Miller stated that the Council representatives felt the proposal by LARPD was satisfactory, provided the money would come from the state, and if the money does not come from the state the City would no longer be interested and the question of how Ravenswood will be handled (the villa itself) will have to be dis- cussed. He pointed out that there has been comment about the possi- bility of the City keeping the 5 acres on which the villa and its buildings stand and turning the rest over to LARPD - it is a ques- tion of whether or not the City will keep the villa and handle it ourselves or to essentially turn all the property over to LARPD with our usual lease arrangement. Cm Miller stated that the question is whether or not the City should agree to a policy to help with the restoration of the building in hopes that money will be received from the state, and LARPD maintain- ing it thereafter with the City receiving high priority on the use of the building for its functions. Cm Turner pointed out that this does not mean that this project will become number 1 priority on our park program list but simply is an opportunity to receive state funds to complete a project. Mayor Pritchard stated that it is his understanding the Council would not be held to this policy if the state funds do not come through, and Cm Miller replied that he and Cm Turner said this is how it would be presented to the Council; however, LARPD would like the Council to agree to the policy anyway but it becomes a function of who will put up the money for the restoration and who keeps what. The City Manager stated that he would urge the Council to set the matter aside for lengthy consideration and would like to have the opportunity to present to the Council a contrary view which would be for the City to reserve the Ravenswood structure and some of its abutting properties for our management and working conjunctively with LARPD on restoration attempts but reserving the managerial rights for the City. At this point we have given to LARPD nearly all public property that has been acquired by the City through purchase or dedication to LARPD but this falls into a unique category in that in time it could amount to something highly praiseworthy for the community and would hope that the Council would allow the staff to come back to the Council and that it might reserve consideration a little longer. Cm Miller felt there might be merit in the proposal for the state to participate in the financing of the restoration with LARPD receiv- ing first priority and the City being second with LARPD taking responsibility for the maintenance thereafter. If there is no money to come from the state it would mean that the City is not committed. (' , , The City Manager agreed that this is a valid argument and that LARPD has always operated and maintained properties in accordance with the City's best intents and feels this would be the case in this situation also; however, this is a unique piece of property and improvement that he feels the Council should be cautious. CM-28-l37 May l3, 1974 (Report re LARPD Liaison Committee - Ravenswood) Cm Turner stated that the Council representatives agreed to work jointly with LARPD in making the decisions and that it is a wonderful opportunity for the City to have a piece of property restored to a useable condition. Cm Miller moved that the Council adopt the policy statement provided that the restoration money comes from the passage of th~~!~~on~~y em Turner and passed unanimously. REPORT RE TV ~ TO LIVERMORE FROM UC DAVIS A report was presented to the Council regarding arrangements for a UC Davis to Livermore television link for University classes. It was noted that the estimated cost for capital outlay would be $3,500, and the transmission would probably be received at the LJUSD Administration Building. Cm Miller stated that he would agree to having a link but feels the City should not necessarily provide financial support for it. If we cannot find a way to collect money and give it to the School District for the purpose of construct- ing schools he can see no way to justify providing money for some other educational purpose. Cm Miller moved that the City Council state its favor for hav- ing the link be provided in due time, with the staff's assis- tance and input, seconded by Cm Turner and passed unanimously. MATTERS INITIATED BY THE STAFF (re Tract 3407 Accept- ance of Final Improv.) Mr. Lee stated that relative to the Tract 3407 final improvements acceptance, there are a few minor miscellaneous items that have not been completed such as corrections to the paving which cannot be taken care of at this time due to the con- struction work being done at present and the developer has provided a bond in the amount of $15,000 to take care of the uncompleted items. (re Dr. Rocco) The City Attorney reported that regarding Dr. Rocco,s campaign disclosure situation, the District Attorney has not yet arrived at a decision as to whether criminal charges should be filed or to hold a citation hearing in anticipation of filing criminal charges. It is anticipated that a decision will be received from the D.A. by tomorrow or the next day. (Resignation Date of City Attorney) The City Attorney requested that his resignation as City Attorney become effective at the adjournment of the next Monday night Council meeting with the understanding that if it would serve the City's convenience or interest he would be happy to sit with the Council for two or three additional Monday evening Council meetings, pending a more permanent arrangement. CM-28-138 May 13, 1974 (Study Session re General Plan) The City Clerk commented that the Council has expressed desire to hold a study session regarding the General Plan and would like to .~ have the Council choose a date for the study session. The Council concluded that they would adjourn the meeting to a 7:30 meeting next Monday night, hold a public hearing at 8:00 p.m. which has already been scheduled, and then have a study session. (re Park Development Fees Collected) Mr. Parness stated that about $90,000 has been collected in park development fees and LARPD has asked whether or not they might have the liberty of budgeting this money for expenditure on the development of the Ravenswood and Crumb property site in addition to the Los Altos Hills park site, since these sums were collected from development in these areas. The City Attorney has indicated that it is not mandatory that these monies be spent in the neighborhoods collected but rather at the Council's option as to where they should be spent; however they must be used for park development purposes. Mr. Parness asked if the Council would like him to inform LARPD, as a policy nature, that it is the intention that the City will spend the money based on development plans as formulated by them, received and approved by the City, or to have the money spent by them subject to the review of the improvement plans as transmitted to the Council? Cm Miller replied that as he recalls the City has an agreement with LARPD which states how the money shall be transferred and that it was, in essence, the latter description. It was generally the intent of the Council to transfer the money to LARPD, subject to the Council's agreement as to where it would go. He added that he would like to up- hold the principle that the money should be spent, generally, where it was collected. The Council concurred that this has generally been the policy. Mr. Parness commented that the funding resources situation is rather desparate and despite the fact he is aware of the Council's feelings regarding the reservation of the park fund money for costs of median strips and parks, he would like to ask if the Council would permit him to consider the use of $lO,OOO, from the park fund money, in the composition of the budget, to purchase capital equipment for the Park and Tree Department for next fiscal year. Cm Miller stated that it has always been Council policy to use the park fund money for the acquisition of park land and capital improve- ments such as greenery. This money has never been used for capital outlay and inasmuch as there is still park land that needs to be purchased, this is the wrong time to start depleting this money for other uses. (' \ Mayor Pritchard stated that Mr. Parness is not asking to use this money but only to use it as a revenue source and Mr. Parness replied that this is true and the only reason he is making the request is because this is a last recourse. Mayor Pritchard stated that he is willing to listen, but tends to agree with the position the Council has always held with regard to the park funds. CM-28-139 May l3, 1974 (re Park Funds - Budget) Mayor Pritchard suggested that the City Manager not use the park funds in the composition of the budget but at the budget session the issue can again be raised. (re Settling Land Prices of school Sites) Cm Turner stated that he has asked about looking into the possi- bility of settling the land price of school sites at the time the developer asks for approval of his tract map and wondered if the staff has looked into the matter. He stated that he would like the City to pursue it, if possible, and perhaps fold it into our requirements. The City Attorney stated that he does not have anything ready at this time but will report back to the Council next week. (re Park Land Dedi- cated by H. C. Elliott) Cm Turner stated that he has received complaints from citizens re- garding park land that was dedicated by H. C. Elliott (7 acres on the east side of the Hagemann property) which has been fenced off and horses are grazing on it which means that their children cannot play there. The Mayor stated that it is his understanding someone was given per- mission by LARPD to do this and Cm Miller commented that he cannot understand this happening, as this land belongs to the City and felt the staff should check this out. (Transportation Committee) Cm Turner stated that there was supposed to have been some type of Transportation Committee that would study the possibility of hopefully coming up with a self-supporting transportation system in the City of Livermore and wondered how long the Committee has before getting back to the City with a report. The City Manager stated that he doesn't really know what might be a reasonable length of time but perhaps something in the order of six months. He added that he does have some material and has had discussions with some of the transportation technicians. It seems to be a matter of keep- ing the technicians informed and having them help the City Manager in moving everything along. He stated that he is not sure six months would be sufficient time but will try to keep the Council informed. Cm Turner suggested that a monthly report be furnished to the Council. (re Joint Meetings) Cm Turner suggested that the Planning Commission from Pleasanton and Livermore meet with the County Planning Commission to discuss joint situations - not problems, possibly 3-4 times a year. Mr. Musso explained that such a meeting was scheduled and then Cm Turner and Tirsel1 (former Planning Commissioners) were elected to the Council and the Planning Commission had to wait until their vancies were filled prior to scheduling a meeting. At present, a meeting is scheduled for next month; however, the County has not been contacted to see if they would be interested in meeting. CM-28-l40 May 13, 1974 (re Sign Ordinance) Cm Turner stated that he has spoken with people concerned with Mr. Mehran's financial building (those leasing) who feel that there is a problem with the signs allowed by the Sign Ordinance, in directing people to various offices. He wondered if it would be possible to look into the section of the ordinance that covers this to see if it is creating a hardship without meaning to. Mr. Musso stated that it was the owner's option to remove the direc- tional sign and to put up a center sign - he can place a directional sign on the building which is allowed in the ordinance. (re Status of BART Feeder System) Cm Turner asked about the status of the BART feeder system and the Mayor replied that a meeting is to take place tomorrow between two members of the P1easanton Council and two representatives from the Livermore City Council at noon. Inasmuch as Cm Turner has ex- pressed particular interest in the subject, perhaps he would be willing to meet with them along with another member of the Council. Cm Tirsell and Miller stated that they would be able to meet also, and that they would decide which one would attend. (re VPC Meeting) Cm Tirsell stated that she has been appointed, along with Ann Jolly, and Bill Herlihy to draw up reorganization plans and minutes for next month's meeting along the lines of the proposal submitted to the Council but with additional input. If the Council has specific things they want included a whole new plan is being written and membership on the committee will be debated as will the issues. It will be a complete reorganization of the VPC. (re Concannon & Holmes Street Commercial Area) Cm Tirse11 wondered if the commercial property located at the corner of Holmes Street and Concannon Boulevard, if sold, would mean that the traffic signals would be installed and that the park land would be retained - as was a condition at the time the property was rezoned for Mr. Mehran. She stated that it is her understanding that such is not legal unless there is approval by both parties and the new develop- er might not agree to this. It was pointed out that the party purchasing the property will be aware of the condition at the time he buys the land and therefore it would not be illegal to require this. (Location of Fire Hydrants - Sidewalks) ~, Mayor Pritchard stated that a girl ran into a fire hydrant which was located in the sidewalk in front of Marylin Avenue School and was badly hurt and wondered if there are many such hydrants in the City. Mr. Lee explained that in one residential area there are a few loca- ted in the sidewalk and cannot give the reason the hydrants are in the sidewalk in front of Marylin Avenue School. It is not the general practice to locate them in the sidewalk. CM-28-l4l May l3, 1974 (re Hydrants in Sidewalks) Mayor Pritchard felt it might be advisable to consider having a policy to not allow them in the sidewalks in residential or school areas. ADJOURNMENT Mayor Pritchard adjourned the meeting at lO:15 p.m. to an executive session to discuss legal and personnel matters as well as appointments and then to a 7:30, Monday, May 20th meeting. APPROVE ATTEST Regular Meeting of May 20, 1974 A regular meeting of the City Council was held on May 20, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:35 p.m. with Mayor Pritchard presiding. ROLL CALL PRESENT: Counci1members Turner, Miller, Futch, Tirse11 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. MINUTES On motion of Cm Miller, seconded by Cm Turner, the minutes for the meeting of May 13 were approved as corrected by a 4-1 vote (Cm Futch abstaining due to his absence at that meeting.) OPEN FORUM (re Springtown Pond) Mr. Bill Loewe, l072 Xavier Way, stated that the pond in the Spring- town area has fish that are dying and that the ducks from the pond are leaving and wanted to know the reason. Mr. Lee explained that the City is constructing a drain for the pond which did not previously have a drain and in order to install the drain the lake had to be drained. Prior to this action the lake contained very bad water, as there was no way of changing the water. CM-28-l42 Tl1ay 20, 1974 (Springtown Pond) Most of the fish that were in the pond were moved to the other lake area and the ducks are moving also. He stated that there is an excessive number of ducks and if some are lost it would be alright. CONSENT CALENDAR r Departmental Reports Departmental reports were received, as follows: Airport Activity - April Building Inspection - April Fire Department - Quarter - January/March Mosquito Abatement District - March Police Department - Tl1arch and April Water Reclamation Plant - April Res. Denying Claim On recommendation of our insurance carrier, it is recommended that the City Council adopt the following resolution denying a claim filed against the City of Livermore. RESOLUTION NO. 83-74 A RESOLUTION DENYING THE CLAIM OF KENNETH L. STEFFAN Report re Public Works Office Building Lease The City Manager reported that the new lease for the Public Works office building has been negotiated for two years with two additional one year options. The lease rate has been increased from $600 to $700 per month and it is recommended that a resolution be adopted authorizing exection of the lease. RESOLUTION NO. 84-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Masonic Temple Association) Report re Green Fee Adjustment The City Manager submitted a schedule indicating fee adjustment recommendations by the Greens Committee for the Las positas Golf Course for an increase of 50~ for a 9 hole round and $l.OO more for an 18 hole round, for basic play. Other adjustments are as listed in the schedule for various types of users. A similar fee change is proposed for Springtown in accordance with the schedule submitted to the Council and it is recommended that the City Council adopt a motion authorizing use of the proposed fees effective June 1, 1974. .~ Report re City-State Bike Lane Agreement A report regarding the City-state bike lane agreement was submitted by the Director of Public Works and it is recommended that the council adopt a resolution authorizing execution of agreement. CM-28-143 May 20, 1974 (Bike Lane Agreement) Cm Miller asked about the status of the Queza1tenango Parkway and the Almond Avenue Park connection and Mr. Parness reported that it is in the mill. RESOLUTION NO. 85-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT (State of California, through the Division of Highways of the Department of Transportation) Communication from Christine A. Bell re Lack of Shopping Facilities A communication was received from Christina A. Bell who has written to the Council to say that she is tired and disgusted with the shopping conditions in Livermore and that her family will be shopping elsewhere. Cm Tirsel1 asked that the Planning Director respond to the letter from Mrs. Bell and that he outline the policy of the City with respect to efforts towards getting commercial development for our City. Invitation to Attend the Fifth Street School Needs Assessment Committee meeting A letter was received from Hal Vyverberg, Chairman of the Fifth Street School Needs Assessment Steering Committee inviting the City Council to attend their meeting scheduled for May 22, 1974, to discuss future building and growth patterns for the already overburdened and under financed Livermore School District. Mayor Pritchard responded to the letter by indicating that he would try to attend the meeting, also Cm Miller. Payroll & Claims There were 137 claims in the amount of $146,704.l0 and 271 payroll warrants in the amount of $73,599.14 for a total of $220,303.24, dated May 17, 1974, approved and ordered paid by the City Manager. Report re Fourth of July Celebration It has been determined by the Police Department and the Fire Mar- shall that the best location for the Fourth of July fireworks pro- gram proposed by the Community Affairs Committee, would be at Robertson Park. A contract has been received from the California Fireworks Display Company for $1,500 which includes their staff and insurance coverage indemnifying the City and District. It is recommended that the Council adopt a motion authorizing execution of the agreement as the Council has authorized this financial participation. APPROVAL OF CONSENT CALENDAR On motion of Cm Miller, seconded by Cm Futch and by unanimous vote, the Consent Calendar was approved. CM-28-144 May 20, 1974 r1ATTERS INITIATED BY THE STAFF (Request for Completed Gen. Plan Report) Donald Bradley, Assistant to the City Manager, stated that some of the members of the General Plan Committee have indicated that they did not receive a copy of the completed General Plan report and that only the Chairmen of the various groups received the complete copy. It is requested that all members be allowed to have a copy. Fifty copies were printed and about lO copies remain which means that addition- al copies will have to be printed. It took about 35 hours of work to compile and print 50 copies and it would take about three weeks to receive the same type of paper. He asked if the Council desires to have copies printed, adding that it has also been requested that the Community Opinion Survey be available for anyone who worked on the Citizens Committee and at present there are about 4 copies avail- able. He explained that at present the primary problem is a lack of manpower, as the full-time employee who worked on compiling the 50 copies has a broken leg and will not be back to work for some time. It was suggested that the 10 copies available at City Hall be circulated among those interested in receiving a copy until they can receive a copy of their own, and that the Library be given about 5 copies (of the lO) for checking out purposes. (re Kissell Agreement) The City Attorney reported that a signed Memorandum of Understanding has been received from the Kissell Company regarding Greenville North, as executed by the Council a week or so ago. Along with the Memoran- dum of understanding they have included an addendum Memorandum of Understanding making two small corrections which the City Attorney feels are warranted. He recommended that the Council authorize execution of the addendum to the Memorandum of Understanding. He then explained the two corrections related to the litigation involv- ing the Heather Lane bridge and acquisition of the park site or funds in lieu of. Cm ~1i11er pointed out that with respect to their request to receive money not spent for the park site he pointed out that the park dedication requires $9,000 per acre and if land is purchased with the money which exceeds $9,000 per acre, the City is stuck with paying the difference, and if it is less than $9,000 per acre there is money left over for the next acquisition. Our policy is to collect this amount, which averages out, and it would not appear reasonable to consider a refund if $36,000 is not required for the acquisition of the property. Mr. Wharton, the City Attorney, explained that it would appear that in reviewing the papers concerning the value of the park property that with the most liberal, exaggerated estimates, the $36,000 would be about twice the amount necessary to acquire the parcel and that this would be a very comfortable margin, including condemnation pro- ceedings, if necessary. Cm Futch moved to approve the changes, as recommended by the City Attorney, seconded by Cm Tirsell. ( Cm Turner suggested that if the Council is uneasy about the possi- bility of the City getting stuck that it specify "at the fair market price at the time of settlement". Cm Miller stated that he would like to see the City take the $36,000 and if it is less than $36,000, the City will return the difference, ~~ '-?;Jau/r-z~.!5~I}/J", ~u...di:-nt.~~?-Ie~(L- t7 lft' ~i( tldj. @12~~ CM-28-145 May 20, 1974 (re Kissell Agreement) The City Attorney explained that Kissell has agreed to dedicate the specific four acres the City desires, on or befor Aug. 3, 1974, or will pay $36,000 in lieu of said dedication and the addendum says 1) if the acquisition of the park costs the City less than $36,000 the City will refund the difference to Kissell, and 2) we have filed suit to recover on the bond provided by the original developer for construction of the bridge and if and when the City recovers anything on the suit it will share the recovered funds with Kissell. Cm Miller agreed that the portion regarding the bridge is a reason- able request but that the addendum regarding the park site acquisition could be altered to allow exactly as is with additional language to say that if the parcel costs in excess of $36,000 Kissell Company will pay the difference. Cm Futch pointed out that the City has been allowed four times as much as the appraisal price and feels this is ample safety margin. Cm Miller moved to amend the motion to say that the addendum will be approved, as it stands, but if the cost is more than $36,000 Kissell Company will provide the difference. Cm Futch asked the City Attorney if he feels Kissell Company would object to this additional wording and he responded by saying that he feels it is not a matter of their objecting but a matter of who has the last word and if it is a known fact that the $36,000 is ample there may be a question of why we are asking for it; the other side of this being why would they resist it? We have a complete document, we have asked them to begin construction not later than June 3rd (two weeks away) and if this tennis game con- tinues we may be jeopardizing the more important central purposes of the agreement. They would have to recall a Board of Directors meeting to reconsider this additional wording and in his opinion there is nothing for the City to be concerned about. The amendment passed 4-1 (Cm Futch dissenting), Mayor Pritchard called for the question and the motion passed unanimously. (Request for Executive Session) The City Attorney requested that the Council have a brief execu- tive meeting following the regular meeting for the purpose of discussing legal matters. MATTERS INITIATED BY THE COUNCIL (Illegal Signs) Cm Miller stated it would appear that H. C. Elliott has an illegal billboard on property that is not his at the corner of 01ivina and Murrieta and Mr. Musso explained that ~1r. Elliott was given a variance for it. A Zone 7 candidate, Mr. Nordyke, has signs posted on telephone poles within the City limits which is illegal. CM-28-14~ Hay 20, 1914 PUBLIC HEARING RE AHENDMENT OF PD15 FORMER SCHOOL SITE (Carlton Square Area) At this time the Mayor opened the public hearing regarding the for- mer school site in the Carlton Square area and Mr. Musso explained the history of the commercial development proposed for the Carlton area and the request made by the Carlton Group for an extension of the completion date for one and a half years which would be to January 1, 1976 and to change the land use designation of the elementary school site to Townhouse Residential for the two parcels located on the south side of Stanley Boulevard, east and west of Murdel1 Lane, inasmuch as the School District has declined purchase of the site for school purposes. Mayor Pritchard asked about the zoning of the shopping center area and Mr. Musso explained that it is zoned PD-15 with a CN overlay for neighborhood shopping. At this time Mayor Pritchard asked for public testimony. Mr. Burtone, representative of the Carlton Group, stated that they hope to have construction going on in the next 6-7 months and that they have received a deposit from one of the major users of the land. He pointed out that they have canvassed the area and received very few objections to the proposal for a shopping center. There being no further public testimony, on motion of Cm Tirse11 seconded by Cm Turner and by unanimous vote, the public hearing was closed. On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote the Planning Commission's recommendation was approved to adopt the staff report and to amend the completion date to May 1, 1975 and to provide that in the event development is not completed by that date that the designated land use for the site revert to RS-4. On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the ordinance concerning the matter was introduced and the title will be read at the time of its adoption. SPECIAL ITEM - STATE DEPT. OF TRANS. EIR REPORT ON WIDENING OF I-580 The City Manager reported that the State Department of Transportation is interested in the City Council's position on the widening and reconstruction proposed for I-580 and a spokesman for the state will address the Council on the matter and will answer questions the Council might wish to ask. A supplemental EIR has been prepared and has been distributed to the Councilmembers. Hayor Pritchard explained that he reviewed the EIR over the weekend but Cm Tirsel1 and Turner were out of town and did not have an opportunity to see the EIR nor did Cm Miller. ( Burch Bachto1d from the California Department of Transportation stated that the EIR has been submitted to the BAAPCD, the EPA and Air Resources Board and that all have agreed it is technically correct and have no quarrel with its findings. Their findings are that if the freeway is expanded the air quality will be as good or better than if no improvement is made. He explained that with the expansion of the freeway there are also other benefits such as the ability to get rapid transit (BART) to the valley, to have exclusive treatment of busses and to improve traffic safety and convenience on the freeway itself. An improved operation will decrease the amount CM-28-147 May 20, 1974 (re Widening of I-580) of air pollution which more than makes up for the increase in the number of vehicles in the corridor. He stated that the average daily total of cars at present is 60,000 and that the practical capacity is 70,000. It is not known what the public will tolerate but it is felt that 70,000 is about the maximum number that can be pushed through the existing 4-1ane freeway. He pointed out that the area is already served by two freeways and for this reason it should not be assumed that an expanded freeway will be an inducement for growth in the valley. The growth is controlled by land value, land use policies and availability of utilities and educational facilities. Mayor Pritchard asked if Mr. Bachtold would like a response from the Council this evening or if this is informational and Mr. Bachto1d responded by saying that it is informational but they would also like to know how the Council feels - it has been agreed that the technical aspects of the report are correct and if there is any question in anyone's mind it would be the degree to which expansion of the freeway would induce growth. Cm Tirsell wondered if the supplement is in conjunction with the original proposed freeway widening and Mr. Bachto1d explained that the proposal has not changed but that this is a more detailed evaluation of two things, those being traffic and air quality. He then explained the proposal for the four lanes each way, a median that would serve the BART facility. Cm Miller commented that the Council's position on this is that it does not disagree with widening the corridor but the Council's proposal was not to increase the number of automobile lanes but to increase the transit corridor to 80 ft. which would allow a base for BART and in the meantime a provision for one or two rapid transit lanes. 1) Widening of the freeway will induce growth which is a viewpoint of the Council that is in conflict with that of the Department of Transportation; 2) in view of an obviously worsening energy crisis and a shor.tage of gasoline, ~/&)l I not necessarily this year or next yea~~!3;~~m~JY unwise.~ to encourage automobile travel Whic~~n1n short suPPly and~~ very expensive and in view of this the money spent for the widen- ing might better be spent in providing the mass transit lanes in the middle and discourage the use of automobiles. Mr. Bachtold stated that for BART to go into the median requires complete reconstruction of the facilities and whether the freeway is replaced with another 4-1ane freeway or widened another 24 ft. more on each side, the cost will not be proportional - in fact, it is a relatively minor increase. With respect to the energy problem, it is not evident that people are not driving their cars and while the Dept. of Transportation encourages other modes of transportation such as the use of busses, it is felt that creating congestion and all the disadvantages that go along with it is not an effective way to accomplish this end. He then mentioned other freeways that have in- creased from four lanes to six or eight and where the population has leveled off. Cm Miller pointed out that after Highway 50 was widened there was a very sharp increase in the growth in the valley - this is where the widening of a freeway can be correlated with growth, adding that there may be other reasons as well but there certainly is a connection in the widening and the growth. Mr.Bachto1d noted that this particular route is nearly the last segment of a route that connects the Los Angeles area with the Bay Area and at present there are eight lanes through the valley. We are really talking about eliminating a bottleneck. CM-28-148 Hay 20, 1974 (re Widening of I-58D) Cm Miller pointed out that the state has said 80% of the freeway traffic is local and that the key issue to the widening is the inducement of growth in the valley. The traffic is not clogged except during the rush hours and is a very large expenditure of money to ease traffic congestion that takes place for such a short time period. Cm Turner stated that he does not share the views expressed by Cm Miller. About 48% of our population consists of commuters and he feels they have the right to reasonable transportation. He stated that he is in favor of the plan for three contiguous lanes into the Bay Area. At present, the portion to be reconstruc- ted is unsafe, is poorly lit, and has shoulders that are not adequate. If use of the automobile is discontinued in the next 5-10 years as has been predicted, the freeway can be converted to accommodate rapid transit. Cm Futch stated that it is somewhat difficult to ask questions about an EIR he has not seen and that he has tried to obtain a copy for the past year and ~1r. Bachtold stated that he would try to get copies to the Council and apologized about their not having copies, adding that he thought they had copies. (re Concannon-Holmes St. Intersection) Cm Futch indicated that it is very hard to get a response from the State Department of Transportation and brought up the problem of the Concannon-Holmes Street intersection where lights have been promised for some time. Mr. Bachto1d responded by saying that the City Manager mentioned that this subject might be brought up and wishes he could be more encouraging but could only promise that everything will be done to expedite the business concerned with getting the traffic light installed. He then explained that there are various procedures which must be followed prior to the installation and that they have been doubling up on things so that this can be taken care of. At present, one of the prime problems is getting control equipment. Cm Tirse11 wondered which agencies were contacted with regard to growth projections for the valley and whether or not a study was done on the effect busses might have on the congestion problem which Mr. Bachto1d explained. It is hoped that express busses will be running very soon and it is not anticipated that this will have a material affect on the congestion, noting the affect this system has had on the Golden Gate bridge and Marin County area. Cm Miller stated that he would prefer to reserve an opinion until after he has read the EIR, which apparently is also the desire of Cm Futch and suggested that the matter be postponed. Cm Miller commented that the Council would like to thank the State Department of Transportation for its help in getting the railroad track relocation project question resolved and that the Council really appreciates this help. ( ". (Creation of Div. of Bicycle Transportation) Mayor Pritchard mentioned SB 1642 which would provide a creation of a Division of Bicycle Transportation within the State Department and asked what their opinion of this might be. CH-28-149 May 20, 1974 (Division of Bicycle Transportation) Mr. Bachto1d replied that they already have a bicycle function within the Department and perhaps the Bill would emphasize the bicycle load to a greater extent. They have a bicycle program and coordinator at present which is plagued with inadequate fund- ing. RECESS Mayor Pritchard called for a five minute recess, after which the Council meeting resumed with all members of the Council present. DISCUSSION RE FINAL REPORT FROM THE CITIZENS COMMITTEE ON THE GENERAL PLAN GOALS Mayor Pritchard explained that prior to the discussion regarding the final report of the General Plan Goals as prepared by the Citizens Committee, he and Cm Tirsell would like to present certificates of appreciation to those who served on the Committees. People who served on the following committees were given certifica- tes and those who were not present at the Council meeting to receive certificates will receive them by mail: Steering Committee Community Facilities Subcommittee Commercial Subcommittee Educational Facilities-Public Safety Subcommittee Housing Subcommittee Industrial Subcommittee Open Space Subcommittee Cm Miller stated that he feels everyone who worked on the subcommittees as well as those responsible for preparing the reports should be men- tioned in the final report and urged the Steering Committee to collect the names so that the Council and community may be aware of those people who worked so very hard to bring about a comprehensive and valuable report. E1mond Holbrook commented that the Commercial Subcommittee conducted a survey of all the businesses within the City of Livermore for their input and this was used as a basis for some of the conclusions they carne to in their report, including how to create a better business climate in Livermore. There was brief discussion regarding the report prepared by the Com- mercial SUbcommit~~ ~~ ~om the Planning Commission asked various questions about shopping centers and a regional shopping center which was follow- ed by discussion regarding shopping centers and things related to shopping centers. Candy Simonen briefly commented on the community Facilities Sub- committee input and noted that in contacting other cities they received ideas as to how financing community facilities might be accomplished. Mayor Pritchard asked if this was studied in conjunction with the Junior College, and Ms Simonen stated the study was done with the assumption that the college would be developed, and some of the suggestions were that there might be means of joint financing between the City and the college district. CM-28-150 May 20, 1974 (Final Report from the Citizens Committee on General Plan Goals) ~, Cm Tirsell remarked that there is a lot of information regarding methods of financing for the construction of facilities that was not included in the final report, h.OW..,~~~this~~.~n:f~o~r~ a~.tion is available and can be made available~ee7&- ~. ~~ The chairman of the Education and Public Safety Subcommittee was not present, so Cm Tirsel1 read the summary from their report which in- dicated that this committee was not asked to review hospital and medical facilities but this was added at the Steering Committee level. She added that their report was completed very early and very effi- ciently. Roger Everett,chairman of the Housing Subcommittee, which report was the largest, stated the report consisted of four items: 1) a housing inventory report, 2) interrelationships of housing growth to other things - pointing out particularly the taxable sales per capita which brings out the need for people to shop locally. 3) minority report and 4) recommended goals. The recommended growth rate was mostly dictated by the air pollution problem and was set between land 2%, with the ultimate population in 2000 of 80,000, and perhaps 100,000 twenty years hence. Milo Nordyke explained the minority report, stating that San Francisco and Oakland were not used for the average growth rate as they felt that size was the critical point for answering the key question of the general plan which was, "What Kind of City Do We Want Livermore To Be?" Cm Turner questioned the projected growth for the year 2000 as he felt that was excessive and Mr. Everett stated that was reached by using the 1.9% growth rate, and when asked if the projected employment in- crease at the lab was computed in the report, the answer was that no increase was projected at the time the report was made. Com. Dahlbacka questioned the recommendation regarding the percentage of low income housing, and Mr. Everett explained that it was their idea to spread various income levels throughout the community rather than having neighborhoods defined as low cost or expensive thereby attempting to prevent future ghettos. Cm Miller remarked that the main distinction between the majority and minority report is that the majority report was very concerned about air pollution and the effect of rapid growth rate on the quality of life in Livermore whereas the minority report seemed to be more con- cerned about what the city would ultimately be like when it reached the maximum possible population. Ms. Joan Green, member of the Industrial Subcommittee, stated that this report was very general and their point was that industry is needed in Livermore as there is adequate industrial land. Some speci- fics they did not study were the type that would be beneficial to the City, but felt rather that "beggars can't be choosers". Their com- mittee did not address itself to growth, however cumulative growth is of value to industry. r\ I Com. John Staley asked if the committee had given any thought to the type of industrial work force available in Livermore and not currently employed here. He felt this was an important factor in considering the type of industry we want, and Ms. Green stated this was discussed generally in conjunction with the commuter segment of the City. William Zagotta pointed out that the City should develop a quantitative system of evaluation in determining benefits to the City for each industry that is interested in locating here. It may be that an industry might have good job opportunity, but would have low tax valuation and bring in a lot of employees who would require homes. CH-28-151 May 20, 1974 (General Plan Goals) Mr. Zagotta continued that there are ways of encourag~~g industry or discouraging industry and at this time there is no rational basis for making this decision. Cm Miller stated that the comment made by Commissioner Staley was a good one - the maximum advantage to industrialization in the City is to convert commuters to local workers and wondered if there was some way to make a survey to determine the type of work that the commuters do. Mr. Musso stated that this question might be asked during the Novem- ber census. Mayor Pritchard stated they might also include the question of place of employment. Com. . Dah1backa questioned the statement regarding effect of growth on financial, educational and environmental factors depending on indi- vidual preference, and Mr. Zagotta explained the committee was divided on this and the point is that it is a cost benefit question - a per- son might be more interested in growth if his business depended on growth or assuming air pollution is a problem, the cost would be higher to a person who is sensitive to air pollution than to one who is not. Their committee had been asked the question, and that was the excuse that was given for not dealing with the question in depth. Gary Drummond, chairman of the Open Space Subcommittee, stated that in considering resources and amenities in our planning area, they established a group of goals and came up with their recommended ways of implementing these goals having to do with preservation of slope lands, grazing, agricultural, vineyards, gravel pits and open space in residential areas, and briefly means of acquisition. Mayor Pritchard remarked that the report did not deal in specifics with the amount of park space required for certain densities, and Mr. Drummond stated the only place they talked about density was in the residential open space area and they would recommend that man made structures not occupy more than 25% of the space. Ken Croswell, resident of Livermore, stated he had no background on the events of this evening, but wondered if there had been any effort made to formulate a valley commission. Mayor Pritchard stated he would prefer to refer his question to Cm Tirsell who could explain what had been discussed at the last meeting and the City's plans in this regard, and Mr. Croswell stated he would contact Cm Tirse11 after the meeting or at a later time. Cm Miller remarked that that comment reminded him of a point in the report which indicated that the people who were surveyed, by a sub- stantial majority, wanted Livermore to be an independent City. Mayor Pritchard at this time expressed his appreciation to former Mayor Taylor for bringing the idea of a general plan review to the Council, and invited Clyde to speak. Clyde Taylor commented simply that he hoped the Council would take some action on the report and not file it. Mayor Pritchard also expressed his appreciation to all members of the various subcommittees and Don Bradley and Cm Tirse11 who chaired the steering committee. CM-28-152 May 20, 1974 (Gen. Plan Goals) The chair entertained a motion at this time accepting the General Plan Review committee report, which was moved by Cm Futch, seconded by Cm Miller and approved unanimously. (- I \ REPORT RE GENERAL PLAN CONSULTANT FIRM In accordance with the approval of the previous City Council, the staff has contacted a number of firms who engage in planning con- sultant work in an effort to generate interest in composing all or part of our forthcoming General Plan revision studies. Those interested would be evaluated on their professional standing, ex- perience, etc. and would be interviewed orally. A decision must be made as to whether or not a consultant firm is to be retained or to assume the entire General Plan composition task or only certain por- tions with the balance being done by our City staff, working in conjunction with various City advisory agencies. A report on this matter has been prepared by the Planning Director. Mr. Parness stated that there were responses from a number of firms interested, which are included in the report and the Planning Direc- tor has reviewed each of the submissions which consisted of the usual company brochures listing their staff numbers, professional creditials and work experience. This information along with Mr. Musso's personal knowledge of their reputation and with some refer- ence checking he has recommended three firms for oral interviews. Mr. Musso has prepared a listing of all of the elements that would be advisable to consider in a General Plan, many of which can be done in house but several must be handled by outside technological services. Mr. Parness commented that personally speaking he is not sure this is the best course, due to the expense involved, but does not have an al- ternate suggestion to present to the Council. em Miller stated that he would like to examine the costs of the three kinds of alternatives together with the scope of what could be done in the various combinations that would help the Council corne to a decision. He stated that he would prefer a combination of 2 and 3 over hiring an outside consultant. Cm Futch felt the Planning Commission is really handling quite a load in doing this type of work - it has taken a great deal of time and approval has not been given for any specific plans at present. He suggested that the Council begin a process for selecting a con- sultant to do this. He stated that in his opinion the Land Use element is a very vital one in which we are looking for innovative ideas to implement goals from the citizens and this, specifically, is one he would like to see included. He then moved that the staff be directed to set up interviews with at least four or five firms of which one may be selected to do a significant part of the General Plan review, and specifically, the Land Use planning. The motion was seconded by Cm Tirsell. (' \ " Cm Tirse11 then explained the reasons she felt a consultant firm should be hired and the type of things she would like to see accomplished. Mr. Parness stated that from the differences of opinions expressed he feels it is important that the Council decide as to what the scope of work is going to be, at least in a general direction. There must be a decision made as to whether a consultant firm will be hired to do a couple of elements or the entire task and such a decision may even justify going to a different type of consultant firm. He suggestion that the Council make a decision prior to setting up interviews with prospective firms. CM-28-153 May 20, 1974 (Consultant for General Plan) Cm Turner stated that he would be in favor of hiring a consul- tant in charge of the total formulation of the plan and would like to see the costs for something of this nature. Cm Futch stated that he also would lean towards this suggestion but there may be a few technical elements that could be omitted if there is a significant cost difference. He felt those ele- ments that are essential are the following: Land Use Circulation Housing Conservation Social ern Futch commented that there probably would not be substantial savings in eliminating some of the minor categories and that there should be a look at the overall planning process and should include most of the elements. ern Turner amended the motion to include the statement just made by Cm Futch, and Cm Futch stated that he would agree to include this in the main motion. Mayor Pritchard asked if a consultant firm will be requested to review the area that was removed from our Sphere of Influence area, and Cm Miller felt it should be assumed that our Sphere of Influence will be restored because as far as the City is concerned it will be. Mayor Pritchard stated that he would agree with Cm Miller in that local people should be used - those with technical and professional ability in certain areas. He added that this would include the City staff but would not want it to be limited to the staff. However, he shares the concern of Cm Futch with respect to the time element and getting the General Plan finished. He stated that he will vote for the motion because interviewing will not preclude the City of the opportunity to use the staff and community people and Mr. Parness agreed that this would be appropriate adding that in his opinion the Steering Committee would be a very appropriate body to become the liaison between the community, City Council and staff in over- seeing the consultants' work in this regard. He again urged the Council to give direction as to what the consultants should be asked to prepare for presentation. Cm Miller stated that he does not agree with the unique concept of forming a single choice as suggested by Cm Futch. He commented that his experience in watching consultants is that they have the responsibility for the whole thing and when it is finished the City staff has done most of the work by providing them with the information they need. In his opinion it is worth having the al- ternative and the costs of the alternative available prior to corning to a final decision and in his opinion there are certain elements of the General Plan that the City staff is better suited to do than an outside consultant and the staff can do some of these things more quickly because they know what the situation is. He then moved to amend the motion to ask the staff to draw up what they feel would be the most efficient for them, what they could do best and what they would like to see put out to consultants, as a second alternative to the proposal of having consultants do all of it, and to receive bids on both alternatives, seconded by Cm Turner. ern Futch stated that this may mean a delay and there are only 8 months left in which to complete the General Plan and is worried about the timing. CM-28-154 May 20, 1974 (re Consultant for General Plan) Cm Turner stated that he has seconded the motion because if the Council rejects the bid it may mean three weeks lost on something the staff can be doing and that this report from Mr. Musso should be in conjunction with the bids that are going to be received but if Mr. Musso cannot furnish this information in the same time period it should be eliminated. Cm Futch wondered if asking for bids on the individual elements is reasonable or is this different than asking for an overall considera- tion, and Mr. Parness responded by saying that there is a difference but feels the City can get a response; however this may mean that one or two of the firms may refuse to respond because of this type of approach. He felt it might be better to ask for two alternates; l) akin to the suggestion made by Cm Futch; and 2) another package, such as suggested by Cm Miller. These comments were followed by discussion of the proposals sug- gested. Cm Miller stated that he feels the staff is capable of carrying out an innovative General Plan and would like to allow them to do the portions they know they are capable of doing with the other portions being contracted out and it would seem that it cannot do any harm to be flexible enough to look at two options. Cm Tirse1l stated that the motion was to interview as soon as possible and is not prepared to wait until all the plans have been formulated and then select the best plan and Cm Turner felt Cm Tirse11 is reading the motion wrong - the motion is to have an alternative plan if the primary plan does not work. Cm Futch suggested that his motion be voted on separately from the suggestion made by Cm Miller and the Council voted on the main motion which passed 4-1 (Cm Miller dissenting) . em Miller then moved to offer an alternative which would permit the staff to prepare an option of those things they would like to do and those things they feel should be contracted out and prepared as a scope of work (which does not need to come to the Council) go out for bid, and when they come back a decision can be made. Motion was seconded by Cm Turner and passed 3-2 (Cm Futch and Tirsell dissent- ing) . MATTERS INITIATED BY THE COUNCIL (Quezaltenango Dignitaries) Mayor Pritchard stated that dignitaries of Queza1tenango will be arriving in Livermore on May 25th and suggested that the staff pre- pare appropriate formalities for them for the Tuesday, May 28th meeting. (' Cm Futch felt it might be appropriate to hold a reception in their honor prior to the Council meeting and it was noted that the Sister City Committee is planning to meet them on their arrival and it was requested that the staff be the liaison between the Council and the Sister City Committee and that cmftI meet with the staff and Sister City Committee to determine wha.t would be appropriate in the way of welcome and gifts for them.?td;....L (Traffic Lights - Concannon & Holmes St.) Cm Futch stated that he was not present at the last meeting in which there was some discussion regarding the traffic lights scheduled CM-28-155 May 20, 1974 (Traffic Lights at Concannon & Holmes St.) for installation at Concannon Boulevard and Holmes Street and stated that he can see no reason why the state cannot furnish a flashing warning signal from now until the traffic signals are installed. Mr. Lee felt that Cm Futch's comments to the spokesman this evening were probably as effective as any action the staff might take. Cm Futch asked that this be followed up by a letter to the Dept. of Transportation and Mr. Parness replied that a letter has been sent and that Mr. Bachtold is the person in charge of the entire matter and during the recess earlier he had indicated that they are aware of what the concern is and will do everything they can for the City. (School District Policy re Setbacks) Cm Futch stated that in speaking with one of the representatives from the School District he found that they have adopted the policy of not adopting the City's standards on setbacks and he feels they do not really understand and that the Council should ask them to reconsider. He felt there is no need for a school to have only a five foot setback (such as at Arroyo Mocho) and suggested that the staff write to them asking that they reconsider and to suggest that they consult with the City. Mr. Musso explained that the School District would conform but do not want to go through the procedure of submitting site plans for approval and all the rest. Cm Futch moved that the staff explain the matter to them, secon- ded by Cm Miller and passed unanimously. (Resolution Commending Fire Chief Baird) Mayor Pritchard stated that Fire Chief, Jack Baird, is the new President of the California Fire Chiefs Association and would entertain a motion to adopt a resolution of congratulations upon his appointment so that it can be presented to himj so moved by ern Miller, seconded by Cm Turner and passed unanimously. RESOLUTION 87-74 RESOLUTION COMMENDING CHIEF BAIRD ON HIS APPOINTMENT AS PRESIDENT OF THE CALIFORNIA FIRE CHIEFS ASSOCIATION (Resol~tion of Appreciation - Rev. Wyatt) Mayor Pritchard stated that on appreciation day the members of the True Light Apostolic Faith Church of Livermore plan to honor Pastor Felix Wyatt and that he would like to be there to present him with a resolution of appreciation from the City Council. CM-28-l56 May 20, 1974 (Res. of Appreciation) On motion of Cm Miller, seconded by Cm Turner and by unanimous vote the resolution of appreciation was adopted. RESOLUTION NO. 85-74 ( ". RESOLUTION - DAY OF APPRECIATION PASTOR FELIX WYATT ADJOURNMENT Mayor Pritchard adjourned the meeting at ll:50 p.m. to an executive session to discuss legal and personnel matters. ~~or~ ATTEST oL~~ . . ermore, California APPROVE Regular Meeting of May 28, 1974 A regular meeting of the City Council was held on May 28, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:45 p.m. ROLL CALL PRESENT: Counci1members Turner, Miller, Futch, Tirse11 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. INTRODUCTION OF SISTER CITY DELEGATION ( Mayor Pritchard introduced guests from Quezaltenango and explained that a special dinner was held in their honor earlier this evening. Those introduced by the Mayor are as follows: Sr. Diego Lopez de Leon (Mayor) and his wife, Flavio Periera (Vice Mayor) Javier Hernandez (1st Council Member) Roberto Barientos and wife Senora Blanca de Sandoval Miguel Rivera (Businessman) Also introduced was a group of students from Quezaltenango and their advisor, Pancho Maca1. CM-28-157 May 28, 1974 (Quezaltenango Delegates) Following the introduction of the delegation the Mayor of Quezal- tenango addressed the members of the Council and presented gifts to the Mayor. Mayor Pritchard thanked the delegation for the kind words expressed and stated that the bonds of love between the two cities and the people are very strong and that the bonds will continue to grow stronger. The Mayor then invited the delegation to observe the Council meet- ing for as long as they would like and explained that the meeting might be very long and the Council would not be offended if they did not stay until the end of the meeting. COUNCIL MINUTES On motion of ern Turner, seconded by Cm Miller and by unanimous vote, the minutes for the meeting of May 20, 1974, were approved, as corrected. OPEN FORUM (re Petition for Installation of Catch Basin) Lee Canaveri, 3181 East Avenue, stated that she is the adult cross- ing guard at East Avenue and 7th Street and that she would like to present a petition signed by 316 people requesting that a catch basin be installed at the cross walk' to eliminate the river of water the students must walk through in using the cross walk during the rainy season. Mr. Lee indicated that the problem has not been brought to the atten- tion of the City during the past and that they will check out the problem. CONSENT CALENDAR Resolutions re Appointments The fOllowing resolutions were adopted making appointments to the Beautification Committee and the Community Affairs Committee: RESOLUTION NO. 88-74 APPOINTMENT OF MEMBER TO THE BEAUTIFICATION COMMITTEE (June Hamilton) RESOLUTION NO. 89-74 APPOINTMENT OF MEMBER TO THE COMMUNITY AFFAIRS COMMITTEE (William Ormond) Report re Bldg. Permits Issued May 1 The Chief Building Inspector submitted a report indicating that two building permits were issued on May 1, 1974 - one to Ed Hutka and one to Evans Products Company. CM-28-158 May 28, 1974 ~ / \ " Report re Audit Contract The contract for the City's audit expires as of June 30 and provision for the continuation of this service must be made. It is recommended that the City Council authorize the retention of the same firm (Bray & Burke) for an additional three year period at the fee quoted. Design Review Committee Minutes for May l5th The minutes for the meeting of May lSth were submitted by the Design Review Committee. APPROVAL OF CONSENT CALENDAR On motion of Cm Miller, seconded by em Futch and by unanimous vote the Consent Calendar was approved, with the deletion of the item regarding Municipal Code printing services. RECESS Mayor Pritchard called for a brief recess at which time the Council- members bid farewell to the Queza1tenango delegates. The Council meeting then resumed with all members of the Council present. COMMUNICATION FROM VANVLECK REAL ESTATE A letter was received from William R. Ortiz of VanVleck Real Estate, which indicated that he was not informed about the public hearing in which the Judson property was discussed and asked that the matter again be placed on the agenda. Mr. Ortiz spoke to the Council about the history of the property and the manner in which the Judsons acquired it, as well as the proposal for a restaurant on the property if the Council will rezone it to Commercial. He presented a sketch of the proposal worked out with union Oil and the Flood Control people for access through the southerly portion of the Union station property which Mr. William Newton of the Union Oil Company explained in detail to the Council. Cm Tirsell stated that she is confused about the application for a restaurant because it was her understanding that the application was for rezoning to accommodate a motel and that the rest would be open space. Cm Miller then explained that the application for the rezoning has been reviewed in detail and the reasons the Council took action to deny the request for the rezoning. r Mr. Ortiz explained that they understood that the City Council would be agreeable to rezoning, provided the access could be worked out and is the reason they have spent many hours coordinating a plan with the Union Oil people and the Alameda County Flood Control District. The Mayor explained that his position has always been that there is not enough room on the south side of the station for ingress and egress and that it would be too hazardous to make provisions on the north side of the station due to the increase in traffic. CM-28-159 May 28, 1974 (re Judson Property) Cm Turner stated that nothing can be decided at this meeting and would suggest that if they feel strongly about the re- zoning and that access has been worked out that they take the appropriate steps back through the Planning Commission and resubmit their application. Cm Tirsell pointed out that access on the south side of the station would require an encroachment permit for some l2 feet of the Arroyo Seco and since this has been embodied in the trailway plan for the City and accepted as part of the trailway plan, it is doubtful that such a permit would be granted. Mr. Lee commented that it was the Council's conclusion that all of the property, up to the Union station property, would be used for the trailway. em Miller moved to table the matter, seconded by Mayor Pritchard and passed 4-1 (Cm Turner dissenting). em Futch commented that at the time the application for the re- zoning was before the Council he was not opposed to rezoning, provided access could be worked out; however, the maps and engineering material provided to the Council did not clearly indicate a good access and was the reason he was compelled to vote against the rezoning. COMMUNICATION FROM LARPD & COMMUNITY AFFAIRS COMM. RE BICENTENNIAL COMMITTEE A letter was received from LARPD expressing interest in a bicen- tennial celebration and a letter was also received from the Com- munity Affairs Committee regarding the establishment of a Bicentenni- al Committee with the following recommendations: 1. That a Bicentennial Committee be formed. 2. That membership on the committee be open to any and all citizens who are interested. 3. That Don Bradley be appointed to serve as an interim chairman and preside at a meeting on the 11th of June at 8:00 p.m. at the public library. 4. That the Community Affairs Committee will provide publicity for the first meeting. em Miller moved that the City Council adopt the above mentioned recommendations and that LARPD be invited to join with the Committee, seconded by Cm Tirse11, who asked that the motion also include repre- sentatives of the School District, which was included in the motion and passed by unanimous vote. COMMUNICATION RE NOISY ICE CREAM TRUCKS A letter of complaint was submitted by Carol Gerich objecting to the noise of the ice cream trucks during the summer which she con- siders to be noise pollution and should be included in the City's noise ordinance. em Miller stated that the problem of the ice cream trucks is a nuisance to every mother of small children in Livermore and there CM-28-l60 May 28, 1974 (re Noisy Ice Cream Trucks) have been complaints for years about them and that the time has come to do something about them. He stated that he would like the staff to be directed to prepare an ordinance that would ban the noise makers on the ice cream trucks, seconded by Cm Turner. Cm Tirse11 felt that it should not be aimed at ice cream trucks alone but should include any commercial vehicle, agreed to by the maker of the motion and the second. Cm Turner pointed out that the ice cream trucks create an element of danger that should also be considered, as children rush into the street when they hear the ice cream truck arriving in their area. The attorney acting as counsel for the City commented that there may be such an ordinance already in existance and would look into the matter. Cm Tirsell called for the question and the motion passed unanimously. COMMUNICATION FROM LARPD RE PARK SITE ACQUISITION A letter was received from LARPD in which park acquisition priorities were listed and on motion of Cm Turner, seconded by Cm Tirsel1 and by unanimous vote the matter was referred to the staff for budget consideration. COMMUNICATION FROM EPA RE WIDENING OF I-580 A letter was received from the united States Environmental Protection Agency with respect to the widening of I-S80 and their concern for the National Ambient Air Quality Standards. A final environmental impact statement is now being re-eva1uated by the California Depart- ment of Transportation and FHWA and at such time a final statement is submitted to the Council the EPA will again review and comment on the environmental impact of the proposed project. It was concluded that the matter would be discussed by the Council in about two weeks. COMMUNICATION FROM ZONE 7 RE MAINTENANCE OF CHANNELS (' Zone 7 responded to a letter written to them by the City Manager with regard to complaints from people in the Greenvil1e North area about the maintenance of channels in this area. Zone 7 indicated that after investigation of the channels they found that for the most part the sections through the subdivided areas are improved channels in good condition. They felt that some dissatisfaction may have been caused over some erosion and local flooding which caused some ponds allowing insect breeding to occur due to the past two wet winters. The unim- proved channel areas are mainly in private ownership and the condition of these areas are the responsibility of the owner. In general, the channels are in good condition and they will investigate any complaint made. They also offered any possible assistance they might be able to give regarding the situation. Cm Tirse1l moved to note and file the letter, seconded by Cm Miller. CM-28-161 May 28, 1974 (re Altamont Creek) Cm Miller stated that the letter indicated that they are not en- tirely responsible for the maintenance of A1tamont Creek and asked if the staff is in agreement with this statement. Mr. Lee replied that as he recalls Zone 7 has accepted the responsi- bility of the maintenance through the subdivision, but they do not have an easement for the upstream and downstream portion and there- fore would not be responsible. He added that he believes the portion being complained about is on private property. Cm Miller suggested that the motion include that the Greenvil1e North I-5S0 Committee be sent a copy of the letter from Zone 7 for their information which the maker of the motion included in the motion and passed by unanimous vote. COMMUNICATION FROM ALAMEDA COUNTY RE SPEED LIMIT ON EAST AVE. A letter was received from Alameda County which indicated that they would not be justified in recommending a lower speed limit than the existing speed limit for East Avenue. Cm Turner reemphasized reasons expressed in the past for wanting the speed limit reduced and Mr. Lee responded by saying that the methods used by the County in evaluation of speed limits are well established methods and as a result of their analysis they feel a lower speed limit is not warranted. He commented that even if the speed limit were lowered to 25 or 30 mph, if a car went out of con- trol and went over the curb someone would still be in trouble, in- cluding bicyclists, pedestrians and the driver, and it is felt that a speed reduction would not significantly change the hazards or ac- tual speeds being traveled. It was mentioned that perhaps people living in the area of East Avenue or those concerned about the hazards could write to the Supervisor of this district on the matter. Cm Tirse1l stated that it is very frustrating to know of hazardous areas in the City, point these things out to the County and then have a computer say that precautions or suggestions are not warranted. Mr. Lee pointed out that long range plans for East Avenue include widening and that we should probably urge that this be done as early as Dossible. He explained that the preliminary design is supposed to be done by December and that there is not much that can be done until it has been completed. As soon as possible, thereafter, our Supervisor and the County staff should be contacted and our concerns expressed at this time with regard to early construc- tion. Mr. Parness stated that the County is aware that the Council con- siders the East Avenue project the City's primary priority and they are conducting a very expensive engineering study which will precede the actual construction work. Cm Futch suggested that the results of the study be made available to the Council and that the staff keep them informed. REPORT RE JOINT POWERS AGREEMENT MODIFICATION - CONSOLIDATED BARGAINING The City Manager reported that the current joint powers agreement with regard to Fire Department organizations has been modified to CM-28-l62 May 28, 1974 (Joint Powers Agreement - Fire Department) state that separate agreements as negotiated will be subject only to the review and approval of the affected employing agency and that such an agreement may be approved by a majority vote. It is recom- mended that the Council adopt a resolution approving the amendment, so moved by Cm Miller, seconded by Cm Turner and passed unanimously. RESOLUTION NO. 90-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Amendment to Joint Powers Agreement Dated March 12, 1973.) REPORT FROM BLDG. INSPEC- TOR RE ENERGY INSULATION STANDARDS A report was presented to the City Council from the Building Inspec- tor with regard to Energy Insulation Standards adopted by the State of California to become effective February 22, 1975. It has been recommended that any local requirements be delayed in order to achieve un~~~~. Cm "iller moved to adopt the recommendation, seconded by Mayor Pritchard. Cm Futch suggested that perhaps some committee such as the Design Review Committee might look at the standards and Mr. Parness pointed out that the City appointed a committee for such purposes and that they have not been very active lately and perhaps the matter should be referred to them. He stated that this committee is the Building Code Enforcement Committee. Mr. Street explained that the regulations are effective February 22, 1975, but the manual that is to accompany the regulations for the purpose of uniform enforcement throughout the state is under prepara- tion at this time and it is not known when it might be available, as there has been a reorganization of the committee who developed the regulations and are responsible for the manual. Glen Dah1backa, 1138 Aberdeen, stated that there seems to be two issues at hand - 1) the adoption of the standards already adopted by the State of California for new construction; and 2) standards for existing dwellings. He stated that he can see no reason for not going ahead and adopting the standards and he has been assured by people working in the State offices that there should be no objec- tion to adoption of these standards for new construction prior to February 22, 1975. With respect to standards for existing dwellings, he felt this question should go to the Design Review Committee or the Building Code Enforcement Committee. He added that the bill related to existing dwellings will not be up for consideration for another year because it did not get to the floor in time for earlier consideration but expert testimony can be obtained and he would urge that such be done. (' Cm Futch wondered if there would be any problems encountered by the City if the standards were adopted prior to February 22, 1975 and Mr. Street explained the new process that would have to be followed noting that all of this is new and the reason the state delayed the effective date. He felt that there might be a problem with enforce- ment if the City required the new standards earlier than the speci- fied effective date. Cm Futch felt there are probably only a few homes that might be built prior to the effective date and it might not be wise to put the City staff to all this extra work for a small number of homes. CM-28-163 May 28, 1974 (Insulation Standards) Cm Miller pointed out that there are 150 permits still available and that approximately 100 homes will be constructed soon by the Kissell Company (Greenville North area) which means that about 200 homes could be constructed prior to February 22, 1975 and that these families will have to pay higher bills for heating their homes. In his opinion there is no reason for not going ahead and adopting the standards. He stated that the same type of problem existed in trying to get utilities undergrounded for new development and conse- quently, there are residential areas in the City which do not have underground lines and there is no reason the higher standards cannot be observed now. Mr. Dah1backa stated that these standards will apply to all construc- tion being done, not only to residential units. em Tirse1l stated that she is not prepared to make a decision at this time and the motion and second were withdrawn. em Turner moved that the matter be continued and that the staff report as to how the guidelines could be implemented, seconded by em Tirsell. em Miller felt that there should be consideration of insulating hot water pipes as well as hot air and air conditioning ducts. At this time the motion to continue passed by unanimous vote. Cm Miller moved to invite the Design Review Committee, the Board of Appeals and the Planning Commission to a joint meeting with the City Council at which time testimony can be presented by the experts at the state level and other people with an interest in the question of insulating existing structures, seconded by Mayor Pritchard and which passed 3-2 (Cm Turner and Futch dissenting). REPORT RE CONNECTION OF VA HOSPITAL TO CITY SEWAGE TREATMENT SYSTEM Mr. Lee explained that the VA Hospital has requested that they be allowed to connect to the City sewage treatment system and since this is a significant consumption of the small remaining sewer capacity it is recommended that if this is to be allowed they be assessed the usual connection fee and that an annual sewer service charge be billed in accordance with the formula of the City. He stated that it has been a policy to consolidate sewer plants in the west end of the Valley into one - not to allow additional plants. It has been anticipated that the VA Hospital would one day be coming into our plant and it is also consistent with the Regional Water Quality Control Board policy to abandon smaller plants. em Miller wondered who would be responsible for the cost of the line from the VA to the City and Mr. Lee stated that the VA Hospi- tal would have to pay for the line; however, if there is a need for added capacity in the line due to development along the Arroyo del Valle there should be a formation of a benefit district with the hospital being reimbursed for the cost of any oversized line. Cm Miller felt there are two objections to be considered regarding such a proposal: 1) we need the capacity of our sewer plant for industry and commerce since we are close to capacity and do not have money for expansion; and 2) somebody is going to build a line that developers will be able to tap into and it would appear that we are falling into the same trap as the Junior College situation. It is unwise to extend utilities to an area prior to a decision as to what development may occur, if any. He agrees that in time it would be a good idea to have the VA Hospital effluent run into our plant but at present the idea is premature by about 5 years. ) CM-28-164 I :. ,It: -J Ok May 28, 1974 ~~~~ /V4&~---(!:1 I:: ~: ~..-L~~' ~re VA Hosp. Sewage) em Miller moved that the City councif4[ake the position that it appreciates the problems of the VA Hospital, that ultimately the VA Hospital should be connected into our sewer system, but respectfully 'decline the proposal for connection to our sewer plant at this time . .. , seconded by ern Futch and passed by unanimous vote. It was suggested that the Regional Water Quality Control Board receive a copy of the Council position exibiting ultimate interest in the suggestion, and Cm Futch stated that he would like to see a copy of the letter to be sent prior to its being sent. REPORT FROM DESIGN REVIEW COMMITTEE RE GUIDELINES The City Council reviewed the guidelines drafted by the Design Re- view Committee in accordance with Ordinance No. 775 and Cm Miller stated that it would be reasonable to send the draft to the Planning Commission for consideration. He commented that in reviewing the draft it appeared to be permissive in that certain things should be done but there is no guarantee that it will be done and he would suggest that the word "shall" be inserted more often than "shouldll. If it is desirable to have kiosks, drinking fountains, park benches and shaded areas in shopping center parking lots then there should be wording indicating such "shall" be required with the location and layout left to the designer. Mr. Musso explained that the Planning Commission did receive a copy of the draft and discussed it at the last meeting. One of the things discussed was the attempt to put the "shall" in ordinance form. He then gave an example of this. Cm Miller stated that he is disturbed with the imitation landscaping that is often provided - nothing like the landscaping shown on the rendering. It is possible to landscape with substantial sized plants and it seems that the landscaping should look like landscaping in the beginning. He suggested that there be wording included to require that planting shall be of a size that will provide landscaping IInow" and that we should not have to wait 10 years for a tree to produce a visible leaf. Cm Tirsell moved that the matter be referred to the Planning Commis- sion and delineate those items which now stand in an ordinance in some manner from those that do not; with a recommendation from the Planning Commission as to those things they feel should be included in ordinances and leaving permissive those things which are then negotiable items; motion was seconded by Cm Turner. \,-- Cm Turner asked if ern Tirsel1 would like to include in the motion when they would expect this information back from the Planning Commis- sion, and Cm Tirse11 stated she would like to see it by June 17. Cm. Miller remarked that he would like to discuss this and propose a possible amendment also. He felt that June l7 would be too fast, and would like to make an amendment to ask the Design Review Committee to make specific the items they think should be in ordinance form in contrast to the ones they would like to be recommendations, as he got the impression from the Committee they had not discussed the question of whether some should be "shall" and some II should" . He felt it should also go back to the Design Review Committee for their recommendations also. After some discussion regarding the motion, Cm Tirsell asked the Planning Director how this could be expedited, and Mr. Musso explained CM-28-l6S I May 28, 1974 (Design Review Guidelines) the ordinance provides that the Design Review Committee shall de- velop and the City Council shall approve design standards to serve as guidelines and the Planning Department would administer the procedures, and the Council could approve those standards as they want and they could then begin administering them, and then refer to the Planning Commission as many as they want, and whether it is referred to the Design Review Committee is up to the Council. He did not feel the Planning Commission was in a position to take issue with the Design Review Committee, but they can implement the guidelines. -_// Cm Tirse1l withdrew her prior motion at this time, and moved that the Council adopt as a temporary measure the guidelines from the Design Review Committee; ,refer them to the Planning Commission for delineation of those items which now stand in an ordinance in some manner from those that do not and return the guidelines by the first week in July; motion was seconded by Cm Futch and passed unanimously. Cm Miller moved that they send a note to the Design Review Com- mittee asking them to consider which, in their judgment, should be "shall" and which should be "should"; in other words which items should be in ordinance form and which should be recommendations; motion was seconded by Mayor Pritchard, but failed 3-2 with ern Futch, Tirse1l and Turner dissenting. REPORT RE I-580 CITY DIRECTIONAL SIGN In accordance with the Council's direction the staff has investigated as an alternate to the reconstructed directional sign, one that would be comparable to the style used in regional parks. A report from the Design Review Committee stated that the committee concluded that neither proposal would be appropriate for the use and reiterated their previous recommendation. Cm. Miller moved that the Council accept the national park type design, however the motion failed for lack of a second. Cm. Turner moved to accept the sign as recommended by the Beautifi- cation Committee which was a modification of the existing sign; se- conded by Mayor Pritchard. Cm Miller stated that he and other people find the existing sign objectio~~~~__~~~s~n~~d~~ a pole sign, at its worst, and felt that the 1llf~~~s'igii would not have to be as high above the ground as depicted, and felt that if it were lowered it might be satisfactory to the Council. One of the major tenets of the sign ordinance was to eliminate pole signs and replace them with other types. ern Miller moved that the sign height be shortened so it clears the fence line, however there was no second to the amendment. ~~ Cm Tirsell remarked that more than half of the town were in favor of keeping the existing sign, and she preferred the superstructure of the sign and called for the question, and the motion passed 3-2 with Cm Miller and Futch dissenting, but for different reasons, as Cm Futch preferred to have the existing sign remain. Cm Miller questioned how soon the sign could be changed and when he was informed that it might be six months, moved that the present sign be removed within 30 days; motion was seconded by Mayor Pritchard, but failed 3-2 with Cm Futch, Tirsell and Turner dissenting. CM-28-166 "* I Councilman Futch stated that the sign ordinance specifically allows pole signs and the sign under discussion is a good example of where a pole Sign serves a useful purpose in order to get height above the fence. ~~~~cY~ tZdic~~ . May 28, 1974 PROPOSED ANNEXATION The City Manager explained that representatives of some property owners in an unincorporated area wished to discuss with the City Council the prospects of annexation; however, inadvertently the sender of the letter was not notified, and Mr. Parness suggested that the matter be continued for two weeks. Motion was made by Cm Futch, seconded by Cm Tirse1l, and approved unanimously to continue the matter for two weeks. REPORT RE LAVWMA JOINT POWERS AGREEMENT MODIFI- CATION Amendatory changes are proposed for the LAVWMA Joint Powers Agreement which have been reviewed by the Board and recommended for the signa- tory agencies acceptance. Cm Miller explained that the LAVWMA Board had adopted the modifications unanimously and these contain the pro- tectionsL~~at the Council wanted in the agreement. There were some things ~ did not want~~5~~JP~evAgus1~L~i~~~~tL~UCh as one electorate, but CD whicn-~~ed~~ 1 er explained that LAVWMA, in order to clean up the existing water problem, can commit the three agenc~es.to ~$Wfl~P~.wi~~~~~l.S million, exclusive of grants (about $l2 m1l11oro? witbour-go1nifto the voters. If the project is greater than $12 million it must go to the voters. All expansions must go to the voters. He felt this was the best compromise and he and Cm Futch recommend that the City agree to execute this joint powers agreement amendment. em. Futch further explained that none of the parties can withdraw until the solution to the present population is taken care of, after which time they can withdraw providing 5 years notice is given, but the City would still be subject to the ongoing expenses that occur during those five years. Cm. Miller added that if there is an expan- sion program going on at the same time as a clean up, the City is only committed to the cleanup. em Tirsell moved to authorize the execution of the joint powers agreement; motion was seconded by Cm Turner and approved unanimously. BUDGET ADJUSTMENT - THERMO-PLASTIC APPLICATOR EQUIPMENT Thermo-Plastic Applicator Equipment was proposed for acquisition during the current fiscal year, but it has increased significantly in price. However it constitutes a very highly needed equipment addition since its use reduces labor costs in traffic striping needs and it is recommended that a motion be adopted authorizing a budgetary amendment by the addition of $2,194 for this capital acquisition. Cm Tirsel1 moved to accept the staff recommendation, seconded by em Turner, and the motion was approved unanimously. (' \" REPORTS FROM PLANNING COMMISSION - General Plan Preparation Process A report was presented to the Council regarding the General Plan preparation process for informational purposes. CM-28-l67 May 28, 1974 COUNTY REFERRAL - REZONING PROPERTIES SO. LAS POSITAS RD. NORTH OF FIRST STREET The Planning Commission considered referral from the Alameda County Planning Commission re initiated rezoning of properties zoned RlBIO (Single Family, 10,000 sq. ft. minimum lot size and R1B20 (Single Family, 20,000 sq. ft. minimum lot size) to Districts pro- vided by the Zoning Ordinance of properties located south of Las positas Road and north of First Street. The Planning Commission recommended that the subject area be rezoned to agriculture on the basis that although the existing zoning is in conformance with the General Plan, it is premature with respect to timing and the provi- sion of public facilities and services. Crn. Miller moved to adopt the Planning Commission's recommendation, seconded by Cm Tirse1l, and the motion was approved unanimously. REZONING OF VARIOUS PARK SITES The Planning Commission considered an initiated rezoning of various park sites and did recommend rezoning to E (Educations-Institutions) District. This matter should be set for public hearing by the Council. Cm Futch moved that the matter be set for public hearing on June 17, seconded by Cm Turner, and approved unanimously. ORDINANCE RE COMPLETION DATE HOFMANN PUD -(Carlton) On motion of Cm Futch, seconded by Cm Tirse11, and by unanimous approval, the following ordinance was adopted, and title read only. ORDINANCE NO. 840 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING, BY AMENDING SECTION 19.15B, RE- LATING TO SPECIFIC DEVELOPMENT REGULATIONS REGARDING HOFMANN COMPANY PLANNED DEVELOPMENT DISTRICT, AND REPEALING SECTION 19.15F, RELATING TO TIME LIMIT FOR DEVELOPMENT, OF CHAPTER 19.00, RELATING TO PLANNED DEVELOPMENT DISTRICTS. MUNICIPAL CODE PRINTING SERVICES An item regarding the existing contract for the preparation and printing of municipal code supplements was removed from the Con- sent Calendar for discussion at this time. It had been recommended that a motion be adopted authorizing execution of the agreement. Cm Turner questioned the annual cost for this printing, and suggested that in the future when a cost increase of this nature is presented to the Council that they also be given the approximate total cost per year and if there are any other alternatives for these services. Cm Futch moved authorization of the execution of the agreement, seconded by Cm Miller, and the motion was approved unanimously. CM-28-l68 May 28, 1974 MATTERS INITIATED BY STAFF (Abatement of Nuisance - 1984 Railroad Avenue) Chief Building Inspector Herb Street reported that the owner of the property located at 1984 Railroad Avenue had been notified that the building should be demolished, and he has agreed to abate the nuisance. MATTERS INITIATED BY COUNCIL (Mayor Pro Tempore) Mayor Pritchard advised the Council that he would be absent for the meeting of June 24 and that Vice Mayor Futch would preside. In this regard Mayor Prichard stated that he never did care for the term "Vice Mayor" and moved that the designation be changed to Mayor Pro Tempore, seconded by Cm Turner. A motion was made by Cm Miller, seconded by Cm Turner, and approved unanimously to table the matter. (Planning Unit No. l2) Cm Turner asked the Planning Director about the status of Planning Unit No. 12 and when it would come back to the Council, and Mr. Musso advised that it would come back to the Council about the middle of July. (Suggestion to Redistrict Supervisors District) em Turner suggested that the necessary steps be taken to redistrict our County Supervisors area because the Fremont area has different problems than we do and it is difficult for a Supervisor to divide his priorities between two distinct areas. Mr. Engel, the attorney assisting the City in legal matters stated that he would check into the matter for the City as this is a County function. (D. A. Not Prosecut- ing Dr. Rocco) Cm Miller stated that the District Attorney does not seem to be doing much about prosecuting Dr. Rocco and it might seem useful to send a letter to the District Attorney's office asking when prosecution may begin and if they have no intention of prosecuting the City will begin prosecution, and so moved. The motion was seconded by Cm Turner. Mr. Engel explained the procedure involved and stated that he will investigate and report back to the Council and the motion was withdrawn. Cm Miller mentioned that in his opinion the District Attorney's office is not acting expeditiously, deliberately, and that we should put more pressure on him and that we might be more successful if we apply pressure before the election. (".. ( \ " (Hearings by P.C. for RS & CM Districts) Cm Miller stated that according to the Planning Commission minutes hearings are going to be held regarding the RS & CM Districts and CM-28-169 May 28, 1974 that he would be interested in scheduling a public hearing to dis- cuss setbacks in RS Districts, back yards particularly, seconded by Cm Turner and passed by unanimous vote. (re Pull Top Cans & Non-returnables) Cm Miller stated that the matter of banning pull top cans and non-returnables was brought up in the past and it appeared that legislature was going to do something about them and it looks as if nothing is going to happen. He would therefore suggest that the staff make inquiries as to what is happening with regard to the legislative -bills on this matter and if nothing is going to be done he would like the matter to be scheduled on an agenda for Council discussion. (re Establishment of Noise Committee) Cm Miller stated that during the time he was Mayor, a Noise Com- mittee was discussed and proposed to be established. It is requested that the Council briefly discuss the formation of such a committee during an executive session. (Complaint re Holmes Street Paving) Cm Tirsell stated that she is really unhappy with the paving that was done by the County along Holmes Street from Catalina to the Arroyo bridge and Mr. Lee explained that it is being inspected by the State and the complaints have been referred to them but he has not received a specific response as yet. (Appointment to Criminal Justice Board) Mayor Pritchard stated that there is to be an appointment to the Criminal Justice Board and it has been recommended that someone . from the Valley be placed on the Board. Mr. Parness is presently a Board member who has suggested that perhaps the Pleasanton City Council should have the opportunity to serve on the Board and won- dered if there would be any objection on the part of the Livermore City Council. The Council agreed that this would be a good suggestion. (Proclamation - Livermore Rodeo Week) Mayor Pritchard stated that he would entertain a motion proclaiming June 2 thru 9, Livermore Rodeo Week, so moved by Cm Miller, seconded by Cm Tirsell and passed unanimously. ADJOURNMENT Mayor Pritchard adjourned the Council meeting at 12'p.m. to a brief executive session to . uss an appointme t to the Community Affairs Committee. CM-28-l70 Regular Meeting of June 3, 1974 A regular meeting of the City Council was held on June 3, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. with Mayor Pritchard pre- siding. ROLL CALL Present: Counci1members Turner, Miller, Futch, Tirsel1 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. MINUTES On motion of Cm Turner, seconded by em Tirsell and by unanimous vote, the minutes for the meeting of May 28, 1974 were approved as amended. OPEN FORUM (re Attendance of Jr. Statesmen at Summer School) Elizabeth Engle, 1024 Via Madrid, stated that she would like to speak on behalf of Kevin Smith, one of the Junior Statesmen planning to attend summer school in Sacramento for the training of budding politi- cal leaders. The training consists of a four week seminar and 50 stu- dents are selected throughout the state to attend this program which costs $475. She stated that this is not only an honor for Kevin but for the City of Livermore with respect to the service Kevin may be able to give the City of Livermore and she felt it would be appropri- ate for the City to sponsor Kevin, in part, requesting a small donation of $25. Sarah Kooshian, 415 Brighton Way, stated that she is a Granada High School student who knows Kevin to be a responsible person willing to assume responsibility and generally accomplishes what he sets out to do, and felt that everyone would benefit from Kevin's being sent to attend the seminar. Kevin Smith 5262 Irene Way, explained that this program has been in existance for 34 years with some of the state's senators and other such people attending the six day a week, college level course. John Struthers attended last year and was elected President of the Student Body at Granada High School, who also felt that it was very worthwhile. (' Mayor Pritchard stated that it pains and distresses him to announce that the Council voted recently to make no further financial commit- ments for student or other group activities until budget session at which time the policy regarding contributions will be reviewed. He stated that he feels this is probably one of the most worthwhile pro- jects that the City could invest in and regrets that the Council will probably not be able to give assistance. Cm Turner agreed that this would be a worthwhile project to finance, in part, and suggested that this be a consideration at the time of budget consideration, with which Cm Futch concurred. CM-28-171 June 3, 1974 (re Contributions) Cm Miller stated that he also agrees that this particular request is reasonable and would agree that a donation would be a worthwhile contribution; however, he still agrees that the Council should be cautious about making donations with taxpayer money and that their recent vote not allowing further donations this year was justifiable. He added that he would, in this case, be willing to make a personal contribution. em Tirse11 stated that she was opposed to the vote for this very rea- son and that it is not fair to those who corne to the Council at this time during the year and turned down, when contributions have already been made to others earlier in the year. She added that she also would like to see personal donations made and has written a letter on behalf of Keven. Mayor Pritchard stated that he would be happy to add his name to Cm Miller and Cm Tirsell's, offering a personal donation. (re Water at Crosswalk Area) Mr. Giddings, 327l Leahy Square, stated that at the last meeting a Mrs. Canaveri submitted a petition to the Council asking that a catch basin be installed at the East Avenue crosswalk to eliminate the pool of water that collects during the rainy season. He stated that his two brothers use the crosswalk and that he has been called from the classroom to take them dry shoes because they use the cross- walk, and urged that something be done. Mayor Pritchard explained that the Director of Public Works has been asked to check into the matter and report back to the Council and Mr. Lee stated that there will be a report next week. (re Flashing Lights on First Street) Letta Moreland, 427 Lincoln Avenue, stated that the lights along First Street go from automatic to flashing signals as early as 10:20 p.m. and urged that something be done to have automatic signalization till later. She added that she received a report which indicates there were 50 accidents on First Street last year and that most of them occurred at First and lip" Street. Mr. Lee was asked to check as to what hours the automatic signals go off and to see what the City might be able to do to get them to continue for a longer period of time. PUBLIC HEARING RE ANNEX NO. 2 - FIRST STREET A public hearing has been set for the recently annexed area known as First Street Annex No.2, also an expanded area of consideration to include the property south of First Street from its intersection with the Western Padific Railroad tracks to North Mines Road. Mr. Musso explained the area recently annexed and the reasons for expansion of the area and the recommendations of the Planning Commission as follows: 1. That the area along the south side of First Street between the Western Pacific Railroad right of way line and a line approxi- mately at porto1a Avenue be rezoned from ID-H and CG to CS. 2. That no change be made in the zoning of the existing RM and RM-H between the Western Pacific Railroad and Martin Avenue. 3. No change be made in the zoning of RS-S and RL-6 east of Martin Avenue. CM-28-l72 June 3, 1974 (First St. Annex #2) 4. That the CN Zoning at the corner of portola and First Street be rezoned to RS-4. s. The area along the south side of First Street between a line approximately at Portola to the easterly City limits be rezoned from ID-H to I-l. Milo Nordyke, 2143 Chateau Place, Chairman of the Livermore Industrial Advisory Committee, stated that the Committee considered the industrial zoning involved and at that time gave consideration to industrial zon- ing of all the land within and near the City in recognition of the forthcoming rezoning of all the lands to I-1, I-2 or I-3. They agreed with the recommendation of the Planning Comission that the propert~ north of North Mines Road be zoned I-1 and it was felt that a portion of the land should be zoned to accommodate warehousing which could be serviced by the railroad, leaving the larger portion as I-I as a buffer between the railroad tracks and the I-3 zone. They would recommend that there be a strip along the railroad tracks zoned I-3, and for the most part the Planning Commission accepted this recommendation. He noted that there was some question as to whether or not a road would be situated between the railroad tracks and First Street. The Public Works Director has recommended that there be a street in the area to serve the undeveloped parcels and it is the general consensus of the Committee that they would support his recommendation. They intend to meet with the developer who has agreed to provide one and to resolve the problem of where it should be located. They would suggest that there be a postponement of the final judgment on the zoning for about a month at which time the Committee would like to come back with a final resolution as to where the street will be located. em Tirsell quoted minutes of the Planning commiss~~~~~h Mr. Hutka advised that there would be a street going , the North Mines Road, easterly, parallel with First Street and the railroad tracks. There being no further comments, on motion of Cm Turner, seconded by Cm Miller and by unanimous vote the public hearing was closed. Cm Futch moved to adopt the Planning Commission's recommendations, seconded by Cm Tirse1l. Cm Tirsell stated that there are residences to the south which over- look the property, there are residence areas north, and it is less than a mile to the central Livermore area, as well as one of the main entrances to the City and would therefore concurr with the recommenda- tions of the Planning Commission. Cm Miller stated that the Planning Commission has made five recommenda- tions and that he has a conflict of interest with two of them but he would like to comment. He stated that he does not agree that the CS line should extend as far as it does (Item 1.); (Items 2 and 3) he owns property within 300 feet of both areas and therefore would have to abstain from voting on these two areas due to a conflict of interest. He agrees with Item 5; and with regard to Item 4 he would like to amend the motion to say that this shall be zoned RS-3 rather than RS-4. He then explained his reasoning for proposing amendment to RS-4, seconded by Mayor Pritchard. (' Cm Tirsell stated that she is not opposed to the amendment but does disagree with the timing of it and would like to review the entire area when the Housing Element is written and at that time perhaps consider the entire area's zoning and the recommendations made at that time. Cm Turner stated that the area recommended for zoning to RS-4, is the present zoning for a shopping center and feels that it might be premature to change the zoning on it because we are not issuing build- ing permits and it would not be beneficial to the property holder to change the zoning; secondly, we will probably have a proposal in the very near future for PUD #l2 and it may be that the shopping area proposed in the triangle area will serve PUD #12. CM-28-173 June 3, 1974 ~\ (P.H. re First Street ~ .Annex No.2) l~cm Futch felt that the reason for the concern for the timing of deve10p- , ment of the shopping center in the triangle is because there is no shopping center to service the Springtown area and there is not suffic- ~ ient population to serve two shopping centers for many years, and is ~~. the reason he feels CN Zone for the triangle is premature. Cm Turner stated that for the record he would like to state that he opposes the rezoning of the CN area to RS. ~ ~cm Tirse11 stated that when she was on the Planning Commission L!hey were making the zoning conform to the General Plan and when \4B1 ~In!~~l Pla~ ~--~A.-~.~ P-A.~ lR, the Planning Commission voted that they would not show it as commercial on the General Plan and _~ therefore had to initiate the rezoning to RS. f1...Pte. l' d h d' . . . ca Musso exp a1ne t at the eC1S10n was not to show the tr1angle specifically as commercial and that the floating shopping center would still apply and that there would be no specific area indica- ted as commercial. Cm Miller felt that Springtown is not the major issue with regard to the triangle, but rather that there is not, nor will there be for many years, General Plan and zoning justification for CN as there is not sufficient population to support a shopping center. There are supposed to be lO,OOO people to insure that a shopping center can be supported in the CN areas and there are other areas a neighborhood shopping center could go and therefore would have to agree with the Planning Commission. With respect to Cm Tirse11's desire to wait until the rezoning is done for the entire Housing Element, it is not sure when the Council may be able to get to the rezonings and it is also conceivable that the moratorium will run out before the overall rezonings take place. In that case he would prefer to have something where it is generally assumed something will go than RS-4 and if it turns out later than different zoning is desired, this can be done all at one time. He prefers to have a better density at present, even if the time period is from 6-l2 months and urged that the Council consider that this could be changed. In the meantime, this would offer better protection. Mayor Pritchard stated that he feels there is a proliferation of neighborhood shopping centers now that have not done our downtown area any good and the area across from the RS-4 area could handle any kind of commercial activity that might normally go into a neighborhood shopping center. At this time the amendment was voted on which failed 2-3 (Cm Tirsel1, Turner and Futch dissenting). The main motion passed by unanimous vote. (Cm Miller abstained from Items 2 and 3 due to his conflict of interest, as stated.) On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the ordinance zoning First Street Annex No. 2 was introduced and the title will be read at the time of its adoption. CONSENT CALENDAR Resolution Appointing Member to Commun. Affairs A resolution appointing Ernest Adams to the Community Affairs Committee was adopted. CM-28-174 June 3, 1974 RESOLUTION NO. 9l-74 RESOLUTION APPOINTING MEMBER TO THE COMMUNITY AFFAIRS COMMITTEE (Ernest F. Adams) Report re Business License Limitation A report was submitted by the Director of Public Works requesting that the Council oppose AB 3745 limiting business license taxes related to out of town business and would result in a $4,000 annual loss to the City of Livermore. Report re Abatement of Aircraft Nuisance The Assistant City Attorney reported that at the March 25th Council meeting authorization was given to abate the Beechcraft B-lS N60V at the airport. The owner has been given notice and no action has been taken; therefore it is necessary to set a hearing at which time the owner may testify. It is suggested that the hearing be set for June 10th. Report re Sublease of Court Chambers The City Manager reported that a new lease has been proposed by the County for our use of the municipal court chambers. The present lease sum is $185 per month, including utilities. The new rate is $225, including utilities and the termination date is 11-30-75. It is recommended that the Council adopt a resolution authorizing execution of the lease. RESOLUTION NO. 92-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (County of Alameda) Housing Authority Minutes of 4-16-74 Minutes were received from the Housing Authority for their meeting of April l6, 1974. Payroll & Claims There were 90 warrants in the amount of $237,162.41 dated May 31, 1974, approved and ordered paid by the Director of Finance. APPROVAL OF CONSENT CALENDAR On motion of Cm Miller, seconded by Cm Turner and by unanimous vote the Consent Calendar was approved, with the deletion of items 2.2 and 2.5 which were removed for discussion later in the meeting. COMMUNICATION FROM CHP RE TRAFFIC ACCIDENTS A communication was received from the California Highway Patrol which indicated that Livermore had fewer fatal traffic accidents in 1973 than in 1972. The City was offered congratulations and best wishes for continued success in traffic safety in 1974. CM-28-17S . ..--.-------.--.......--.....--..-.-....--.-..-->.-......"'-- June 3, 1974 REPORT RE REVISED PERSONNEL RULES AND REGULATIONS The City Manager reported that several reV1S10ns are proposed with respect to Personnel Rules and Regulations and it is recom- mended that the Council adopt the modifications. He explained that the drafting of the revisions has been in process for about eight months and has been discussed at length with at least three of the employee organizations and the fourth has chosen not to participate. Cm Miller stated that he has reviewed the modifications which appear to be satisfactory but would like to ask a question about Article XI., Sec. 8. Holidays. It is not clear what three hours are being charged to if an employee is off on Good Friday from 12:00 noon to 3:00 p.m. to attend church services, and the city Manager explained that this is free time allowed for an employee who wishes to attend church services. Cm Miller stated that this constitutes a mixing of church and state and should not be allowed, as there are other religions that do not receive time off to attend religious services. It does not seem reasonable to allow people free time for religious observance. The City Manager stated that he believes this is a part of the state statue and the legal counsel for the City remarked that this matter was under consideration before the court of Alameda County, regarding County employees, and as he recalls such time off is not permitted and would appreciate the opportunity to check into this particular item. Mayor Pritchard suggested that this portion be deleted until a report is received from Mr. Engel. Cm Futch wondered if there were any other such holidays that should be considered and Mr. Parness stated that there is only one and that is a personal leave day agreed to by contractural commitment. Cm Tirse1l stated that Article XI., Section 11. Maternity Leave, states that an employee must terminate not later than six (6) weeks prior to the date of delivery and that this has been found to be an arbitrary number under the Equal Employment Opportunity Act. The School District and LLL recommend that the employee and her physician arrive at an agreed upon date of termination and file this with the employer. She stated that she is not adamant about this item but feels this attitude should also be reflected by the City of Livermore and suggested that the employ- ee's termination date be selected by the employee and her physician. Cm Miller moved that the amendments to the Personnel Rules and Regulations be adopted with the amendment suggested by Cm Tirse11, and that the section concerning time off for Good Friday be left until a report has been received from counsel, seconded by Cm Tirse1l. The City Manager noted that with respect to Article XI., Sec. 9., compensatory Time, there has been an amendment to the Fair Labor Standards Act whereby all public employees are brought under its coverage and was effective May 1, 1974. This statute is extreme- ly comprehensive and very difficult to define in writing but we are mandated to observe its coverage. At present we are not sure as to whom it may cover and in place of Section 9, the staff would like the following inserted: "Overtime Compensation: Employees other than those engaged in fire protection activities and those classified as executive, administrative and professional personnel shall recieve overtime pay at the rate of not less than time and one half the regular rate of pay for hours worked in excess of 40 hours within a specified work week, as approved by the City Manager. CM-28-176 June 3, 1974 (Personnel Rules and Regulations Modifications) Overtime compensation for fire protection personnel shall be paid at a rate not less than time and one half for hours of duty in excess of the established hours, as designated by the Fair Labor Standards Act." He stated that this is as simple as the staff can compose to insert something having to do with overtime. Many things must be clarified and defined but the City is obligated to insert something and observe the Fair Labor Standards Act. Cm Miller asked what the reaction of the City Employees groups was towards the wording proposed and the City Manager stated that this has just come about as recently as the past day or two and is sure the employees are cognizant of the new law but probably know as little about it as does the staff. Mayor Pritchard asked if this would mean that an employee does not have the option of taking compensatory time off and the City Manager explained that the employees will not be earning compensatory time any longer - except for those hours that they may earn during their regular work week shift. They can earn compensatory time then but it must be taken off during that work week shift (or 7 days), except for the fire protection personnel. This would mean that if an employ- ee works a lO hour day he must take 3 hours off during that work shift and it may not be accumulated; he also has the option of being paid for it. Cm Miller stated that he would like to include, in the motion, the substitution quoted by the City Manager, inasmuch as the City must abide by the Fair Labor Standards Act, agreed to by the second. At this time the Council voted unanimously in favor of the motion made by Cm Miller. REPORT RE RECOGNITION OF EMPLOYEE ORGANIZATION The City Manager reported that a request has been received for for- mal recognition of the Municipal Employees Agency for Negotiation formerly known as the Employees Relations Board and it is recommended that a motion be adopted recognizing the subject organization as being that responsible for labor relations matters for their enlisted membership and authorize the proposed dues deduction as of June 1, 1974. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, a motion was adopted recognizing MEAN and approving payroll deduc- tion of dues. REPORT RE STATE DEPT. OF TRANS. RE GRADE SEPARATION PROJECT The item regarding the State Department of Transportation and the grade separation project was removed from the Consent Calendar for discussion at this time. (' The contract has been received for the state's financial participa- tion in this project and the allocation is in the amount of $1,571,736. It is recommended that the Council adopt a resolution authorizing execution of the agreement. Mr. Robert Heath, 2988 Kennedy Street, asked about condemnation of highway property at this time, for the grade separation project and CM-28-177 ~'------~._'--____'__~_'.__"_m____._.._..___,.,,>,__~..__"__,.".__.,, ."_.m__ June 3, 1974 (re Grade Separa- tion project) quoted an article which appeared in the Tri valley Herald in which Dave Wharton was quoted as saying that the City had received blanket authority from the City Council for condemna- tion proceedings. Mr. Engel, Counsel for the City explained that it is his under- standing the purpose of the resolution is to pick up those parcels not included in the original resolution and Mr. Heath thanked him for this explanation. Robert Allen, 223 Donner, stated that the railroad consolida- tion project, as designed, will add possibly as much as $20 million, in todays dollars, to the cost of BART's future rail line which will mean more than $1,000 for every Livermore home as were Berkeley people for the BART subway. He added that, figuratively, the City is in earthquake territory and that the CPUC decision is but one of a number of major faults threatening the project and this is an impossible case for the new City Attorney. He urged that the project be consigned back to the drawing board, and that the trainway be compatible with BART for a $20 million saving. Mr. Allen was reading from a four page analysis and the Mayor asked if it would be possible to give a copy of this to each Counci1mernber in order that each one might have the opportuni- ty to digest it and to save time. Mr. Allen stated that he would do this and briefly outlined the points covered in the prepared statement - those being: Traffic safety; traffic flow; emergency vehicles; the BART trainway concept; BART - shallow cut trainway; and future crossings and widening, briefly explaining each. Geneva Heath, 2988 Kennedy Street, stated that SP has moved their tracks as far as they care to and can begin development of their commercial property without any cost to the residents; therefore, why should the City pursue the downtown commercial development and insistJupon spending approximately $4 million of tax money and putting in two grade separations to qualify for state funds? The Mayor explained that the City Council and staff acts on be- half of the citizens, as a whole, in pursuing the commercial development of downtown. Paul Tu1l, 2243 Linden Street, stated that Mr. Parness has been quoted as saying that this is not a public project and Mr. Parness was asked to respond and replied that such a statement is not correct. Cm Miller moved to adopt the resolutions on Items 2.2 and 2.5 of the Consent Calendar, seconded by Cm Turner. Katy Richardson, 510 Junction Avenue, stated that she would like to know why the people cannot be informed through the news media the costs to the taxpayer and Mayor Pritchard stated that the City has no control over what the news media chooses to disclose. Richard Azevedo, 5161 Crocus Way, asked if the City qualifies for matching funds and the City Manager explained that funding is available and local amounts will be comprised of revenues derived from an assessment district which has already been established by the City Council and City Council contributions. Mrs. Richardson asked if the whole City will be assessed and the Mayor stated that it would not. CM-28-l78 June 3, 1974 (re Grade Separa- tion Project) Mayor Pritchard called for the question and the motion to adopt the resolutions regarding eminent domain proceedings and authorizing execution of agreement passed by unanimous vote. RESOLUTION NO. 93-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATES WHICH THE CITY COUNCIL HAS DETERMINED ARE 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. RESOLUTION NO. 93-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (DEPARTMENT OF TRANSPORTATION) MATTERS INITIATED BY THE STAFF (Ravenswood Property) The City Manager stated that the City has recently acquired the Ravens- wood property through dedication by the land developer to be developed in time, for public parks and cultural activities; however, it is in a state that does not permit this use. There have been times when the property has been vandalized and to prevent further incidents the City has allowed a family to reside in the building located on the property. The family living there has asked that the City be watchful of who is on the premises due to concern for vagrants in the structures and because the structures are hazardous, until such time they are reconstructed in a safe condition. Mr. Parness felt it might be appropriate for the City Council to officially recognize the status of Ravenswood in its present condition and to declare that the public is discouraged from visiting the site until such time as it is improved and the structures are made safe - the exception being if a group or individual wishes to visit the site from the standpoint of interest and that they telephone the Department of Public Works so that such arrangements can be made for their visit. He then read the notice he felt would be appropriate and would like the Council tc adopt. On motion of Cm Miller, seconded by Cm Futch and by unanimous vote, the City Manager's recommendation was adopted. (re Position on SB 2177 re Labor Negotiations) r The City Manager stated that SB 2177 is an important piece of legis- lation which is pending and relates to the right of the City Council to hold executive sessions and would limit the right for conduct of discussions having to do with labor negotiations. He felt this is a prohibition which would be an extreme intrusion into the legislative and general administrative responsibility of the City Council. He strongly urged that the City Council announce its opposition to the passage of the measure. On motion of em Tirsell, seconded by Cm Miller and by unanimous vote, the City Council declared its opposition to SB 2177. CM-28-179 June 3, 1974 (re Ord. re Historical significance) The City Manager stated that the staff and many other organizations realize the importance of maintining structures and sites of histori- cal significance (one being our train depot). The depot is being restored for public use and our ordinance does not permit a structure considered unsafe for habitation to be reconstructed and it has been suggested by the Building Inspector that the City Council consider an amendment to the Building Code drafted by him and which has direct reference to this point. He then read the ordinance to the Council which was introduced on motion of Cm Turner, seconded by Cm Miller and passed by unanimous vote. The title was read by Mr. Engel. MATTERS INITIATED BY COUNCIL (Redistrict1ng of supervisors) Cm Turner stated that at the last meeting he expressed interest in possible redistricting of County Supervisors and that Mr. Engel has provided him with information concerning this; however he would like to wait another week before reporting to the Council. (New Fire Station Location proposal) Cm Turner stated that if the City is looking for a site for the new Fire Station he would like to suggest the area on East Avenue near McLeod because it would be near the high school and the down- town area as well as the Valley East subdivision. It was noted that this area has been considered and has been appraised. (re Insulation Standards) Cm Futch stated that he would like to see the new insulation standards implemented with the least disruption and feels it is a misuse of time and also disruptive to have four groups meet to discuss this, as was made in the motion last week. He stated that he would now like to move that there not be a joint meeting with the Board of Appeals, the Design Review Committee, the Planning Commission, and the City Council, and that the two bills from Senator Alquist be sent to the Board of Appeals for their comment and that this item be placed on the agenda in one month for consideration of action on the bills by the Council. Cm Turner seconded the motion. Cm Miller stated that he feels the motion made at the last meeting was perfectly reasonable and sees no reason to change. Cm Turner and Futch felt that the Board of Appeals was formed for review of this type of thing and it would be reasonable to send it to them and Cm Miller pointed out that the Board was formed to handle the appeals from the demolition of buildings that took place in the City about 15 years ago that did not satisfy the Code and was their original purpose. They have no special qualifications about energy or anything other than a job for which they were formed. They have never exhibited any interest in energy and he felt it would be a mistake to send this to the Appeals Board alone. The motion passed 3-2 (Cm Miller and Mayor Pritchard dissenting). CM-28-180 June 3, 1974 (Gelderman Proposal) It was mentioned that the Council should meet to discuss the Gelder- man proposal and em Miller suggested that the Council adjourn to an executive session next Monday night to discuss the matter and Mayor Pritchard added that perhaps there could be a light agenda and the Council could adjourn early. On motion of Cm Futch, seconded by Cm Miller and by unanimous vote the Council agreed to adjourn the meeting at 9:30 p.m. next Monday night, to an executive meeting ' for discussion of the City's legal position on this matter. (Housing for Elderly with CN Shopping Centers) Cm Futch felt the Planning Commission should be asked to consider that provisions should be made for housing for the elderly in con- junction with development of commercial neighborhood shopping centers, and that there be some type of requirement to provide it, and so moved, seconded by Cm Tirse11, which passed unanimously. (re Addition of Staff Member re Commercial- Industrial Development) Cm Tirsell moved that the staff report on the feasibility of adding a staff member that would be in charge of commercial-industrial promotion, seconded by Cm Miller and passed by unanimous vote. . . ,.J, The City Manager indicated he would report on this suggestion during the budget discussions. Cm Miller stated that along this line, the City Attorney has reported that it is possible to reserve sewer capacity and perhaps there should be a report regarding formalizing or implementing this intent. ADJOURNMENT Mayor Pritchard adjourned the meeting at lO:OO p.m. to an executive session for the purpose of discussing appointments. 4kJCZ~~ ~~ L v ore, California APPROVE ATTEST ~ CM-28-lS1 --"'-,.~_._------_.,-_._..,-,._.,--_._.._"."-----~"---~.~-._~._._~---_.._.. . Regular Meeting of June lO, 1974 A regular meeting of the City Council was held on June 10, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Pritchard pre- siding. ROLL CALL: Present: Councilmembers Turner, Miller, Tirse11 and Mayor Pritchard Absent: Councilmember Futch (Seated after Pledge of Allegiance) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Counci1members as well as those present in the audience, in the Pledge of Allegiance. MINUTES On motion of ern Turner, seconded by Cm Tirse11 and by unanimous vote, the minutes for the meeting of June 3, 1974, were approved as corrected. OPEN FORUM Paul Tu11, 2243 Linden Street, stated that he was informed at the last meeting that newspaper articles do not always contain correct information and if this is the case would like to know where one could read corrected copies of the minutes and the Mayor explained that corrected minutes can be read at the City Clerk's office dur- ing weekday working hours. PUBLIC HEARING RE ABATE- MENT OF AIRCRAFT B-18, N60V Mr. Lee explained that the reason for this public hearing is to abate the aircraft that has been abandoned at the airport and located in the turf tie-down area, at the request of the Airport Advisory Com- mittee. The aircraft has been vandalized and is an attractive nuis- ance and a hazard. The owner has been notified to remove it from the airport and has not complied with this request. At this time the Mayor declared the public hearing open. There being no public testimony, on motion of Cm Miller, seconded by Cm Futch and by unanimous vote, the public hearing was closed. Mr. Engel requested that the matter be postponed for a period of one week so that the airport regulations might be reviewed, as there may be a section which deals more specifically with the issue. On motion of Cm Tirse11, seconded by Cm Turner and by unanimous vote, the matter was continued for one week. PUBLIC HEARING RE ABATE- MENT OF NUISANCE - BLDG. ON RAILROAD AVENUE Mr. Lee explained that the demolition of the building located at 1984 Railroad Avenue has begun and suggested that the public hearing to abate the nuisance be closed with no action taken until next week at which time it can be determined if the building was successfully removed by the owner. Mayor Pritchard opened the public hearing for public testimony. CM-28-182 June lO, 1974 (re P.H. - Abatement of Building) There was no public testimony and on motion of Cm Futch, seconded by Cm Miller and by unanimous vote the public hearing was closed. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the matter was continued for one week. CONSENT CALENDAR Report re Investments The City Manager reported that $300,000 was earned during the last fiscal year in interest on City time deposits which is equivalent to about 26~ on our total tax rate. It is recommended that the City invest with the banking institution offering the highest rate of interest and if the institution quotes a rate as being equivalent to within l/8% then investments are to be made in accordance to the policy already established by the City, having to do with a timed revolution of qualification by the local banks. It is also recom- mended that the City Council allow the receipt of investment pro- posals from Wells Fargo and Security Pacific Bank, the only two local banks accepting public deposits. Cm Futch stated that he cannot understand why a bank would be reluc- tant to accept public funds and Cm Turner explained that a bank has to corne up with the collateral and until deposits mature a bank some- times cannot accept additional public deposits because they are short of collateral. Also, it would not be prudent for a bank to pay lO~% interest when the prime rate is predicted to go as low as 9% and ~ can borrow money at 9% interest. t t ]1* ] .u~ .;(}Jr. f;;J1. Report re Bids for Water Reclamation Plant Mr. Parness explained that the bids have been received for Stage III improvements for the Water Reclamation Plant, the low bid being from C. Norman Peterson Company but there is a slight modification to the recommendation from that listed in the agenda and that is that the Council approve the awarded contract subject to the review and approval of the state and the Federal EPA. He stated that there is one other matter which must be resolved, affecting this contract which has to do with the approval of the State Department of Trans- portation on the utilization of the water from the reservoir site. It is therefore recommended that the award of the contract be held in abeyance until this has been resolved and the other agencies have given their approval. It was noted that the amount of the bid is $S,2l1,100.00 and will be guaranteed for a period of 60 days. Minutes Minutes were received, as follows: Beautification Committee - May 1 Planning Commission - June 4 ('" Res. Appointing Member to Community Affairs Comm. The following resolution was adopted appointing Genevieve Fraser to the Community Affairs Committee. RESOLUTION NO. 95-74 APPOINTMENT OF MEMBER TO THE COMMUNITY AFFAIRS COMMITTEE (Genevieve Fraser) CM-28-183 June lO, 1974 APPROVAL OF CONSENT CALENDAR On motion of Cm Futch, seconded by Cm Tirse11 and by unanimous vote, the Consent Calendar was approved, noting the change sug- gested by the City Manager for Item 2.2. COMMUNICATION FROM WM. ORTIZ THANKING CITY COUNCIL A letter was received from William Ortiz, thanking the City Council for placing the matter of the Judson property on a previous Council agenda at his request. COMMUNICATION FROM LOREN ENOCH RE JUDICIAL DISTRICTS Loren Enoch, County Administrator, wrote to the Council regarding consolidating the Livermore and P1easanton Judicial Districts and employment of a consultant to study the feasibility. COMMUNICATION RE LAFCO A letter was submitted to the Council by Roland Mayne, Principle Administrative Analyst for LAFCO which indicated that the letter from the City to the Board of Supervisors requesting the retention of outside professional land use consultant services was discussed at the meeting of April 25, 1974. Comments from this meeting were also attached to the letter and the Mayor stated that for the record he would like to call attention to the paragraph in which Commissioner Flegal noted that, "the City had been extremely dis- respectful to the work of the Commission, contrary to the City's statement in the letter referred to." Mayor Pritchard stated he believes this is "hog wash" and noted that Commissioner Flegal was unceremoniously "dumped" as representative to ABAG at the Mayors Conference recently. Cm Tirse11 asked who the replacement is and the Mayor replied that Sue Holm from Berkeley was chosen as the replacement. REPORT RE EAST AVE. - 7th STREET DRAINAGE In response to the complaints about the drainage problem at the crosswalk at East Avenue and 7th Street, Mr. Lee reported that the problem can substantially be corrected by filling a low spot in the street and that the long range solution would be the in- stallation of a storm drain line which will be considered at the time the next Capital Project budget is prepared. Mrs. Canaveri, the crosswalk guard, asked if it would help to add an asphalt mound from the curb to the street and Mr. Lee explained that this would not be effective because it would block the water running in the gutter and the Mayor stated that perhaps this same type of mound could be provided with a pipe underneath to let the water pass and Mr. Lee stated that paper and leaves would obstruct the flow of water so this also would not be a solution. On motion of Cm Turner, seconded by Cm Tirse11 and by unanimous vote, the Director of Public Works' recommendation was adopted. CM-28-l84 June 10, 1974 REPORT RE I-580 ANNEXATION PROPOSAL ~. The City Manager explained that the applicants for the annexation of property north of I-S80 have again requested that the matter be postponed so that they may have the opportunity to be present. There was another matter that came up this evening and meant that they could not attend the meeting. It was concluded that the City Manager should contact the owners of the property and agree upon a date to again discuss the matter. REPORT RE I-S80 Mayor Pritchard stated that the Industrial Advisory Board has submitted a report regarding the freeway status (I-S80) widening project. Cm Tirse11 commented that she was concerned when she read the manner in which the Industrial Advisory Committee had taken a stand and a release to the press and would like to read a statement which reflects her attitude on the matter, as follows: "I want to state that I support any citizen making a statement concerning issues that come before our Council. Our City is responsive to such statements and I feel supportive of citizens' wishes; however, I have serious reservations about our City committees acting as a deliberative body on those same issues that the Council faces, without benefit of public input or staff reports. I feel the input of the Industrial Committee has been very valuable to our City in the development of an industrial ordinance and the pursuit of industry and I would not like to see this committee become just another lobby group with a bias. I would hope that in the future any committee of our City that is commenting on the political issues before the City would avail themselves of the same information as the elec- ted officials have, before passing judgment." Mayor Pritchard stated he would like to concur with the statement made by Cm Tirse1l regarding officially established or commissioned committees taking this type of action. Mr. Parness explained that, perhaps, this may be our fault, partially, but not intended, that the report which was released was a part of the minutes of the committee and these minutes were to be presented to the Council and somehow were released publicly and prematurely. Cm Turner stated that he feels Cm Tirsell's statement is in order and would like to see it passed on to the committee for reference as a policy statement. (". \ em Tirse11 suggested that if her statement is to be made a policy statement the staff should rewrite the specific recommendations and bring them back to the Council for approval. em Miller stated that his understanding of the body of Cm Tirsell's statement is that statements should not be released to the press and Cm Tirsell agreed stating that she read something in the paper prior to receiving it in her agenda. Anyone can make a statement concern- ing a private opinion; however, a statement as a collective body should be done with more consideration and with the same amount of homework and input as the Council in this case. Cm Miller felt it is not unreasonable for the Industrial Advisory Committee to make statements regarding the industrial aspects but would agree that a statement should not be made to the press prior to the Council's receiving their minutes. CM-28-18S ---~"~-~'--"-'-~ -". ,_.." ".,._" '.-.....'..-_..____..__._......b..___._.._....._....... June 10, 1974 (re I-S80 Widening) Jerry O'Shea, Chief of Project Development, stated that he is vitally concerned with the I-580 widening project because it happens to be his project and is present to answer questions the Council might have. He stated that a reevaluation of the air pollution report indicates that the air quality will remain about the same, whether or not the freeway is expanded, until 1990. He stated that they have the concurrence of the EPA at this time. Mayor Pritchard asked if it would really make any difference how the City feels, with respect to wideining I-S80 and Mr. O'Shea stated that the State Department of Transportation has always considered Livermore a friend and explained that all the questions have been answered with regard to the environmental impact of the project and it has received the blessings of the EPA and would like Livermore's approval. He added that they considered everything brought up by the City of Livermore, such as consideration of mass rapid transit and unless the State Department of Transportation goes into this project they can see no other way to make such provisions. Mayor Pritchard explained that the official position of the Council at this time is that the majority of the Council is in favor of a third lane for public transportation and pro- visions for the right-of-way for BART. Cm Futch mentioned that in the EPA report there was reference on a number of occasions to Ca1 Tran and wondered what this means and Mr. O'Shea stated that this stands for California Department of Transportation. Mr. O'Shea pointed out that if they do not proceed with the project they may never get the opportunity again, as it is being financed by the federal government by 92%, with the state paying the balance. He stated that plans are for a freeway of eight lanes from San Francisco to Interstate 5, and has eight lanes corning into it from each direction at this time. In addition to the eight lanes there will be an additional truck lane for the uphill section as well as a median to provide for any type of rail transit. This was followed by discussion re- garding interchanges and frontage roads. Cm Futch stated that all of the analysis that has been done has been based on the statement that the difference between widening and not widening is only 15%, and Mr. O'Shea stated that by 1990 even the eight lanes will not be able to carry the projected traffic which means that mass transportation will have to be provided. There was discussion regarding projected increases in traffic and Mr. O'Shea stated that regardless of the population of Livermore, if people cannot travel through the Dublin Canyon area they will just use other routes. He stated that with respect to population growth in the valley Ca1 Trans feels this can be controlled by zoning and other means; their con- cern is smog generated by slow moving traffic through the valley, and they have addressed themselves only to the air quality. They want to improve the freeway so that trucks and cars can travel at cruising speeds where there is less emission~ of pollutions. CM-28-l86 June 10, 1974 (re Widening of 1-580) Cm Miller noted that there was no data in the report about pollution with respect to emmissions per mile as a function of highway speed and Mr. O'Shea commented that it was felt this data was not really necessary and that the compilation was done with studies requested by the EPA. He added that they are in the third state of the art and that the cruise mode is in the fourth state which they did not need to report on to be used as a selling point. Cm Tirsell commented that if the freeway is going to again be clogged by 1990 it would appear that widening begats the widening and Cm Miller agreed that if this is the case why isn't mass transit being pushed at this time rather than waiting until eight lanes are full? Mr. O'Shea stated that they would be happy to do this, except for the fact that there are deficiencies with alignment and gradient causing pollution and accidents - the highway is an unsafe facility, and it is impossible to go to mass transit overnight. They are suggesting that the ability to allow mass transit be provided. Cm Miller stated that he feels one of the criticisms of freeway systems during the past 15 years is that these are self fulfilling prophesies - a freeway is built and the effect on land use planning is that traffic is generated. If the freeway is not built there will not be development providing traffic for that freeway. Reports indi- cate that widening of a freeway generates traffic; however, the state's figures show that almost all the traffic on the freeway will be local traffic. Widening of the freeway causes pressure on land use which then brings the traffic which then uses the freeway. This happens to be a critical air basin and to generate more traffic in this basin, as a result of ease of access and widened freeway, is going to make it bad for us and by 1990 there will be eight lanes of clogged freeway rather than four lanes. Cm Futch pointed out that the Council is not against widening of the freeway but at this time feel the proposal before them cannot be justified (eight lanes). In addition to the air pollution there are other considerations; for example, the scarring of the hills in trying to provide for eight lanes through a very narrow canyon. He stated that he has reservations about continuous expansion of freeways with the reality of the oil situation in the future. He then passed out copies of a report regarding oil use in the U.S., which was followed by discussion of this matter. **~. Mr. O'Shea stated that he is not in a position to debate the future oil reserves of the world but knows that an eight lane freeway is needed through the Dublin Canyon. Cm Miller stated that discussion regarding the oil shortage is not really off the subject, as one can see what could happen as was demonstrated during the last gasoline problem time. He stated that in his opinion the gasoline crisis at that time was contrived but this will not be the case in another five years - we will actually be facing a gasoline crisis. (' \ Cm Tirse1l commented that the Dublin Canyon area provides a barrier for the valley from the smog on the other side of the hill and wonder- ed if this had been taken into consideration and Mr. O'Shea replied that the BAAPCD feels that the proposal being made by Ca1 Trans will not affect air pollution up until the year 1990, and the EPA has indi- cated they will be in favor of the proposal. **Use of 011 at the continued rate would result in the necessity to import 5 billion barrels of oil at $10 per barrell and would mean an expenditure of CM-28-187 $50 billion dollars to import the oil needed to serve us. 4/!-, June 10, 1974 (re Widening of I-S80) Cm Turner wondered if the state would consider widening only to six lanes rather than eight and Mr. O'Shea stated that they would not because this would be building a bottleneck. Cm Turner con- tinued to say that he feels the present four lanes are not suffi- cient but in view of the fact eight lanes would be filled by 1990 he would propose that the City make a strong recommendation to state that it would consider the unofficial BART proposal which would allow reasonable travel through the Dublin Canyon with three lanes each way and should eliminate the bottleneck. Possibly one lane could be closed during certain hours, as is done in Seattle, and allowing six lanes during peak hours would solve the problem. The BART proposal also contains an 80 ft. median to be used for mass transportation which, by all accounts, is 10 years away from the valley. It would not appear reasonable to limit the highway to the present four lanes but it also does not seem reasonable to approve eight lanes and would move that the City Council state its desire to have the unofficial BART route, or something close to it with three lanes each way and an 80 ft. median. The motion was seconded by Cm Tirse11 for discussion purposes. Mr. O'Shea stated that he does not know where the unofficial BART route came from but if it had not been for BART there would now be a completed eight lane freeway. The project was designed and financed with all of the right-of-way purchased but because of BART,lnew legislation passed which permitted Ca1 Trans to consider mass transportation corridors and the reason they are now in this mess. Cm Miller stated that he would like to comment that in his op1n10n the original position taken by the Council was the rational de- cision to have made and would like to reaffirm this position. Cm Tirsell stated that she would like the Council to be able to offer suggestions regarding some of the concerns about the proposal; however, if Cal Trans is adamant about the fact that eight lanes is all that will be considered the Council's position is fairly clear and regrets the attitude of Cal Trans because the proposal does not speak to the problem of our commuters. Milo Nordyke, Chairman of the Industrial Advisory Board, stated that there was another accident on the freeway last night and would like to comment that they feel the highway is congested and substan- dard as well as unsafe. The Industrial Committee has been telling people that they will have good access to the Bay Area, in time, and is very important in a company's decision as to whether or not they choose to build in Livermore. From this standpoint the Committee would recommend that people be provided with good access to the Bay Area. Dennis Slaughter, 1348 Windsor Way, member of the Sierra Club in Livermore stated that the Putnam report indicates there is a strong relationship between transportation development and land development and is concerned about this. In his opinion, no matter how you look at it, widening will result in additional growth in the valley. Cm Turner stated that if widening of the freeway would result in additional growth it would seem that mass transit lines would also add growth, and Mr. Slaughter stated that perhaps this is true. CM-28-188 June lO, 1974 (re Widening I-S80) ( I \" Paul Tull, 2243 Linden Street, explained that he had seen the report, and found a couple of things to take exception to wherein Mr. O'Shea had used as an example a freeway down south as being a comparable one to the one proposed here, and he would rather use the one between here and Tracy , and he gave statistics for this exception, with respect to carbon monoxide. Cm Tirsell stated that she had a problem proposing a specific recom- mendation as she did not feel that all elements have had a chance to review this BART proposal the Council has termed Exhibit 3 and sug- gested the following substitute motion: That this Cal Transit pro- posal be reviewed in order to reduce the cut in the Dublin Canyon; to reduce the number of automobile lanes to a more realistic number; and to provide transit encouragement as an alternative mode of travel. Cm Turner stated his motion is saying something along the lines of an unofficial BART proposal (which is three lanes going each way) and would like something along that line. He stated that what he is looking for is the Council's concurrence for at least three lanes going each way. Cm Tirse11 stated that she does not feel prepared to recommend that, but rather to support the things she has said: Reduce the cuts in the Dublin Canyon; Reduce the automobile lanes; and Provide for encouragement of public transit as an alternative means. Cm Turner stated that either the Council will have to agree to this idea of at least three lanes going each way, or not agree with it, and that at least three lanes going each way is necessary to guarantee at least a reasonable transportation service (one of which could be used for trucks) and felt they should be specific. Cm Tirsell moved to amend the motion to say that the City Council finds the Cal Transit proposal excessive for our needs and Cm Turner stated that he would second that and Cm Tirse1l continued to add to the amendment Cm Turners original motion and after that her wording - in order to reduce the cuts in the Dublin Canyon, reduce the automobile lanes, and provide for encouragement of public transit as alternative means and that Cal Transit proposal be looked at in that manner, seconded by Cm Turner. em Tirsel1 commented that she feels Cm Turner probably didn't really understand her motion and he emphasised that the amendment does not change the original motion and was happy to second it. Cm Miller stated that he would have to agree with the Council's former position of agreeing to widening the corridor for transit and not adding to the number of automobile lanes and that this is still the most rational position both in the long run and the short run and will reluctantly vote against the motion. Mayor Pritchard stated that he too intends to vote against the motion because it is very clear that this is not what Cal Trans wants _ merely voting on the motion is not going to change anything. Cm Futch and Turner felt that the motion will really not change anything but at least it says what the Council feels is reasonable. Cm Futch stated that he agrees with em Miller but on the other hand can sympathize with the problems of the commuter and would be willing to look at an alternate proposal. (add) The intent was that we would look at a proposal similar to the BART proposal. We were willing to look but that there was no commitment and that the reason was as Cm Tirsell stated - that we did not want to be in the position of pro- posing the plan, plus the fact that I would n~~-28-189Vote until I had seen the EIR on a modified version) ~. June lO, 1974 (re I-S80 Widening) Mayor Pritchard asked for a vote to the amendment and Cm Tirse11 explained that her amendment included the original motion and the Council agreed that only one entire amended motion would have to be voted upon. At this time the motion passed 3-2 (Cm pritchard and Miller dis- senting) . Mayor Pritchard asked that the records show that his reason for voting against the motion is because Cal Trans is asking for either a recommendation or denial of their proposal for eight lanes. ORD. RE AREA SO. OF FIRST ST., EAST & WEST OF TREVARNO ROAD On motion of Cm Futch, seconded by Cm Miller and by unanimous vote, the zoning ordinance amendment regarding the area south of First Street, east and west of Trevarno Road was adopted, and Cm Miller explained that his aye vote does not include the portions he abstained from last week due to a conflict of inter- est - Items 2 and 3. Cm Turner dissented on Item 4. ORDINANCE NO. 841 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. ORD. RE MUNI CODE AMEND. RE HISTORICAL BUILDINGS On motion of Cm Miller, seconded by Cm Turner and by unanimous vote of the Council, the ordinance amending the Municipal Code, relating to historical buildings was adopted and the title was read by Mr. Engel, as it was not read at the last meeting. ORDINANCE NO. 842 AN ORDINANCE AMENDING SECTION 6.2.4, RELATING TO SPECIAL PERMITS, OF ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVERMORE CITY CODE, 19S9, BY THE ADDITION THERETO OF SECTION 302.1(d), RELATING TO HISTORICAL BUILDINGS, TO THE UNIFORM BUILDING CODE, 1970 EDITION, AS ADOPTED BY SECTION 6.1 OF SAID CITY CODE. Prior to the vote Cm Turner asked about the statement that the Build- ing Official may issue a special permit authorizing repairs, altera- tions, etc., and wondered if this also gives him permission to authori- ze expenditures without approval of the Council, and it was explained that such repairs are done by private individuals - not the City. MUNI. CODE AMEND. RE PUBLIC DANCES On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the item concerning amendment to the Municipal Code related to public dances was postponed for one week. CM-28-190 June 10, 1974 MATTERS INITIATED BY THE STAFF (re Flashing Lights on First Street) Mr. Lee stated that he included, in the agenda, a report regarding flashing lights on First Street, and the time they go from automatic signalization to flashing lights. He stated that at the time he wrote the memorandum it was based only on the weekly traffic count and since that time has received the weekend traffic count which may change the conclusion of the report. There will be a subsequent report concerning this item in the future. (Abandoned Aircraft) Mr. Lee stated that he has spoken with the owner of the abandoned aircraft which has been left at the airport and the City is in the process of abating and that the owner has asked for a delay and the opportunity to remove the aircraft. He feels this can be done by the end of June but not later than the end of July and Mr. Lee sta- ted that this would be the preferable means rather than abatement proceedings by the City. ("p" Street Detour) Mr. Lee stated that the "P" Street detour, caused by the track relocation project, has created a traffic problem at "L" Street and Railroad Avenue. The City has been monitoring the traffic situation since the closure and they are considering placement of a 4-way stop at that intersection. It has been noted that the traffic on "L" Street has reduced by more than 50% and people are remaining on First Street. It appears that the majority of traffic on Railroad Avenue is shoppers and it is anticipated that there will be even less traffic on "L" Street and a 4-way stop may not be neces:- sary. If it is determined a 4-way stop is necessary the Public Works Department would like to have the approval of the Council ahead of time, so moved by Cm Turner, seconded by Cm Tirsel1 and passed unani- mously. Mayor Pritchard commented that he understands North Livermore Avenue is also going to be closed and wondered when this it to take place and Mr. Lee replied that they thought it would be done this week but there has been a delay and it may take place next week; however, the public will be notified through the newspaper when this happens. He stated that the barricade will be put up just north of the rail- road tracks and there will be access to the businesses. Cm Turner stated that it is his understanding the streets being closed will be closed for over a year and wondered if there is any way access can be provided and if it is absolutely necessary to close them for a year. (' Mr. Parness explained that the streets will probably be opened at intervals during the construction process and Mr. Lee explained that the streets are closed at the tracks because once drilling is begun at the signals there is a chance that the circuits controlling the crossing gates may be disrupted and the PUC and railroads will not allow use of a track which may have gates that do not work - this is the reason for the permanent barricade and the City has no choice. It is hoped that the barricades will not remain for as long as a year. CM-28-191 June 10, 1974 (re Closing of Streets) Cm Turner then asked about access to businesses and if the streets are going to be torn up with high curbs, or if the road will be good and one that is useab1e. The appraiser and the consulting engineer have indicated that the passage will be smooth and will be by way of circulation around the block - the access should be reasonable. Cm Turner wondered if the routes to the business area could be surveyed by the City Manager on a regular basis and it was noted that they are surveyed daily. (Unsafe Walkway on Arroyo Bridge) Cm Turner stated that he has received a complaint from a young lady who indicates that some of the boards are missing on the walkway for pedestrians on the Arroyo bridge and the staff indicated they will look into the matter. (re Livermore, Maine) The City Manager stated that a sixth grade teacher from Livermore, Maine, visited our City last summer and subsequently has presented a scrapbook made by her sixth grade class about Livermore, Maine. The City Manager stated that he would hope a similar scrapbook can be made by local sixth graders about Livermore, California. (re Selection of Firm for preparation Qf General Plan) Mayor Pritchard asked what the Council would like to do about interviewing people to compile our General Plan, and Cm Turner commented that he would recommend that the staff read the pro- posals and report on them, in capsule form, as well as making a recommendation as to the firm to be selected. Cm Tirse1l stated that she would really prefer to have the Council do the interviewing and would feel better if her ques- tions could be answered ahead of time rather than reacting later. She is aware of many concerns of the citizens who worked on the General Plan Goals. She intends to ask questions, on behalf of these people and would like to make points to the consultants that they are concerned about. Mayor Pritchard agreed with Cm Turner in that he feels a selec- tion could be made by the City Manager; however, he feels it is the majority feeling that the Council should conduct the inter- views and make a selection. Discussion followed regarding a selection of the time and date for interviews and June 18th, Tuesday, at 5:30 p.m. at City Hall was selected for interviews. (Opposition to Legislation) On motion of Cm Tirsell, seconded by Cm Miller and by unanimous vote the Council expressed opposition to the following legisla- tive bills: SB 2446 - Mandatory Property Tax Rate Reduction AB 4186 - Housing re LowlModerate Elderly AB 4288 - Election of Council Members by District - Mandated Rather than Permissive CM-28-l92 June lO, 1974 ADJOURNMENT There being no further Council business, Mayor Pritchard adjourned the Council meeting at 10:25 p.m. to an executive session to discuss legal matters. APPROVE Mayor 1 ~~ ATTEST od~.A/. ~.. ../'I C1ty C erk U'vermore, California Regular Meeting of June l7, 1974 A regular meeting of the City Council was held on June l7, 1974, 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: Councilmembers 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 OF JUNE lOth On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the minutes for the meeting of June lO, 1974, were approved as amended. BEAUTIFICATION COMMITTEE AWARDS FOR SCENIC ROUTE CONTEST Ayn Weiskamp from the Beautification Committee, reported on the Scenic Route Contest and certificates and awards were presented by Mayor Pritchard. First prize awards were given to Virgil Dahl and Linda Huggins, the two class teachers, for cooperative effort for a party which has been held and honorable mention went to Doug Lim; Lisa Root; Kari Leal; Karen Stasko; Cindy Brown; Suzanne Moreland and Tarni Ward. CM-28-l93 __.m.__.^,_"_,,,"_"~__,,_^,_,,______,_,_,_, _ ~.,_._._,,__.__..._,..."__. ''.___.._.._._.".._...,...... June 17, 1974 OPEN FORUM (Questions re Various Items) Paul Tull, 2243 Linden Street, asked Cm Tirse11 about a comment made at the June 3rd meeting with regard to low cost housing and she noted that she did not recall making a statement about low cost housing. Mr. Tu1l then asked a question about a statement that appeared in the Southern Pacific bulletin regarding the track relocation project and it was noted that he should contact SP about this item. He then asked about the assessment district and if Cm Miller owned certain property to which Cm Miller replied that the property is owned by another Donald Miller. (-~\I / PUBLIC HEARING RE ZONING OF ANNEXED PROPERTY TO E DISTRICTS Mr. Musso explained that, normally, it is not necessary to zone park and school sites until such time as it is convenient and the zoning of the property is not required in order for them to be parks and schools; however a parcel recently annexed (Max Baer Park) had to be zoned and it was concluded that all of the schools and miscellaneous parks should be included in the rezoning action. The recommendation is to change the school and park zoning from residential to E Districts (Education and Institution). Mayor Pritchard opened the public hearing. There being no public testimony, on motion of Cm Tirse11, seconded by Cm Miller and by unanimous vote the public hearing was closed. It was noted that no written comments had been received and Mr. Musso stated that a telephone call had been received from one property owner who indicated that he had not received notice of the public hearing and it was later found that the reason he had not received a notice was because he has a Cal Vet loan which means that the property owner is not listed in the public records. This property owner's only concern was that he would like the property zoned for park purposes, only, and it was explained to him that this zoning would permit park development and that land dedicated for park purposes can be used only for this purpose or there is a risk of the property reverting back to the original property owner which the City would not be inclined to allow to happen. On motion of Cm Futch, seonded by Cm Turner and by unanimous vote the ordinance rezoning the following areas to "E" District was introduced: Max Baer Annex, Mocho Park, Sunset South School and Park, Crurn Park, Rhonewood Park, and Neptune Park. CONSENT CALENDAR Departmental Reports Departmental reports were received, as follows: Airport Activity - May Building Department - May Mosquito Abatement District - April Municipal Court - April police Department - May Water Department - May Water Reclamation Plant - May ~ ( \ CM-28-194 June 17, 1974 (Reports) It was noted that the crime rate in Livermore is up and that this is the first time the Water Department has written a report. Report re Street Closures The City Manager reported that during the year requests are made to temporarily close streets for the purpose of holding block parties or temporary business enterprise. The staff has been allowing closures by issuing encroachment permits, subject to conditions required by the Police and Fire Department and where closure will not significantly interfere with traffic. It is suggested that the staff be authorized to process the permits and recommended that the Council adopt the policy of allowing the staff to process these requests with the Council reviewing applications which are questionable. Report re Condition of Railroad Crossings A report regarding the condition of the railroad crossings (SP) at the following intersections was submitted by the Public Works Direc- tor: First Street, Livermore Avenue, ilL" Street, lip" Street and Murrieta Boulevard. Res. re Land & Water Conservation Application A resolution was adopted approving the application for funds (supple- mental) for the Medeiros Parkway project. RESOLUTION NO. 96-74 A RESOLUTION APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS (MEDEIROS PARKWAY PROJECT). Payroll & Claims There were 163 warrants in the amount of $176,667.ll dated June 14, 1974; 287 payroll warrants in the amount of $75,158.63, dated May 31, 1974; and 274 payroll warrants in the amount of $111,634.1l, dated June l4, 1974, for a total of $366,459.85, approved and ordered paid by the Director of Finance. APPROVAL OF CONSENT CALENDAR On motion of em Miller, seconded by Cm Turner and by unanimous vote, the Consent Calendar was approved, with the deletion of Item 2.3 regarding the Holmes Street-Concannon Boulevard traffic signal which will be discussed later in the meeting. PROGRESS REPORT FROM PARC The progress report from the Preserve Area Ridgelands Committee (PARC) was noted. COMMUNICATION FROM FESTIVAL '74 COMMITTEE A letter was received from the Festival '74 Committee requesting that the City Council continue to support the Cultural Arts Festival by contributing $300 for two purchase awards of $150 each. em Turner moved that the City Council continue its support by con- tributing the $300, as in the past, seconded by Cm Miller. CM-28-195 June l7, 1974 (re Contributions) Cm Tirsel1 stated that she, too, intends to vote in favor of the motion but feels the Council should receive a list of those groups the Council generally contributes to each year, as well as the amount of money contributed because the Council has discussed establishing a policy regarding financial contribution limits. The motion passed by unanimous vote. REPORT RE RECLASSIFICA- TION STUDY & SALARY ADJUSTMENTS The City Manager submitted a written report regarding reclassifi- cation study and employee organization salary adjustment and recom- mended that the City Council adopt a resolution adopting the pro- posed new job descriptions and that the staff be instructed to prepare the salary resolution for the new fiscal year, incorporat- ing the adjustments as reported and as are in accordance with the subject memoranda of agreement. Cm Turner stated that under Leaal Secretaries, he felt the word "difficult" was unnecessary an Mr. Parness replied that the word was extracted from other job descriptions and found to be appropri- ate. He explained that this is commonly used in the description of typical work duties and requirements. Cm Tirsell moved to adopt the proposed job descriptions from the reclassification study, seconded by em Miller and passed unanimously. RESOLUTION NO. 97-74 A RESOLUTION ADOPTING JOB RECLASSIFICA- TION STUDY REPORT FROM SISTER CITY COMMITTEE RE ANNUAL VISIT A report was received from the Sister City Committee indicating that they are making plans for the annual delegation visit to Quezaltenango and requested that the air fare again be paid for one City delegate and one Sister City Committee delegate. This year the round trip air fare is approximately $425. Also requested is the purchase of a gift to present to City of Quezaltenango. The Committee has offered to pay half the cost and requests participa- tion by the City. Cm Futch stated that Bob Selden, past Chairman of the Committee, had intended to be present but was not able to corne and would like to move that the air fare be paid for the two delegates, as in the past, and that a suitable gift selected for a cost of approximately $lOO with the Committee paying for half the cost of the gift and that the Council not pay more than $50 for its share of the gift, and that $90 be expended to help defray the cost of welcoming the delegates from Queza1tenango; motion seconded by Cm Tirsell and passed by unanimous vote. REPORT RE PROPOSED RESERVOIR SITE PURCHASE The City Manager reported that upon instruction by the City Coun- cil a second appraisal of the Nevin McCormick property needed for the reservoir project, north of I-580, has been conducted. The first appraisal was $ll,OOO for the 7 acre site and the second appraisal was $l8,000. Mr. Parness reported that the practice generally applied in such matters is to offer the average apprai- sal price ($l4,950) for the 7 acre site. (~ CM-28-196 June l7, 1974 (Reservoir Site Purchase) em Miller moved to adopt the City Manager's recommendation to offer the $l4,950 for the site, seconded by em Futch. Mr. Nevin McCormick, owner of the property in question stated that the basis for his contention is on the original appraisal of the property which was much higher. He pointed out that the City in- tends to purchase prime property and that land in the vicinity has sold for $4,557 and $5,000 an acre in two instances and less desire- able land was sold at $49,000 for 9~ acres and $l9,SOO for five acres. He then explained how dissecting the prime portion of his land will make the rest of his land unsuitable for farming and there will not be access to these remaining portions. Mr. Engel, legal counsel for the City, explained that the City is authorized to make an offer at this time but does not foreclose additional discussion prior to definitive action being taken, and suggested that an offer be made. He stated that he will be very happy to discuss this matter with the property owner and will use comments made by the property owner in evaluating a report to the Council. Mayor Pritchard wondered if the City is obligated to pay an appraisal price and Mr. Engel stated that the City is obligated to pay the fair market value at the time of the appraisal and this is what the apprai- ser feels the fair market value to be. However, we are not restricted from listening to the property owner and evaluating information he has and to determine whether or not the appraiser has considered all the points the property owner has raised. He emphasized that authoriz- ing the staff to make an offer does not terminate the matter and that the appraisal report and comments made by the property owner will be evaluated and if it is determined there should be reconsideration of a price the Council will so be advised. Mr. McCormick pointed out that the assessed value of the property is $2,000 per acre - the amount he is paying taxes on and since the City is taking the prime portion of the property this amount should be worth much more and Cm Futch agreed this is a factor which could be considered. At this time the motion passed by unanimous vote. REPORT RE ANNEXATION PROPOSAL FOR PROPERTY NORTH OF I-580 Jacob Levitan, counsel for J. Clayton Orr, David I. Wendel and Eugene K. Lawlor, has written to the Council indicating that they would like to proceed with annexation of property located between Collier Canyon Road and Doolan Road, provided the City of Livermore and the property owners are in agreement as to the future use of the property, availability of necessary utilities, and that some- thing can be worked out with LAFCO regarding the spheres of influence area for Livermore. The City Manager stated that the matter of annexation of this property and the land use has been before the Council in the past and the pro- posals were rejected. The land comprises approximately 112 acres west of the Junior College site. He noted that the applicant would like to know the Council's interest, if any, in annexation of the property and Mr. Levitan is present this evening to answer any ques- tions the Council might have. Mr. Levitan stated that at the time the new spheres of influence were adopted by LAFCO he was their counsel and in his opinion they did not have the opportunity to show that they would honor input for reasonable development and if the City is interested in annexation he would suggest that they write to LAFCO regarding the proposal for CM-28-197 --'-'__.__'_'_'__~'_'_m"__ _. _ _."._. "'~'__'~_"~"__"__ June 17, 1974 (re Land Use No. of I-580) orderly development and annexation and make application to LAFCO to amend the spheres of influence position and in his opinion this would be a good opportunity for the City of Livermore in having the spheres of influence reestablished. Mayor pritchard asked if Mr. Levitan would expand on the comment made in the letter about development being in agreement with the City and Mr. Levitan replied that it would appear the only type of reasonable development at this time would be commercial or retail. Mr. Musso noted that the General Plan indicates the land should be residential~ however, we are about to commence with the Airport Land Use Study which might suggest another al- ternative and in view of the fact this is in the airport influence area it may be that we will have to consider industrial the best use for this property, or something other than residential. Mr. Musso explained that in the past the property owners have proposed uses the City did not agree with - it was not a question of whether or not the City would proceed with development. At one time rather extensive commercial development was proposed along the freeway and the City did not support this proposal. To his knowledge LAFCO did not ask what the land use would be before they made their decision. Mayor Pritchard stated that it is rather difficult for the Coun- cil to give any indication as to what type of development could be considered since the General Plan Review is in process and noted that the General Plan Review is being done using the old spheres of influence area regardless of the LAFCO decision. He then asked what type of agreement Mr. Levitan would like to re- ceive from the Council and Mr. Levitan indicated that they would like to know if the Council would be interested in sitting down with them to see what might be worked out to the mutual interest of all concerned. ern Futch commented that the City Council has two policies: 1) That pre zoning is not allowed whereby a certain zoning is promised - the guide used is the General Plan; and 2) As far as development goes, our policy has been that we will develop the area as the City ex- pands and becomes contiguous, and it is timely and orderly for that type of an area to develop. This is the policy that has been stated before LAFCO and the Council has been consistent with this policy. Other than the Junior College development, there is no development north of the freeway, in that vicinity. He stated that he does not know what commitment can be given other than the General Plan and was mentioned by Mr. Musso, there is already a great deal of industrial property available. Mr. Levitan stated that he feels it would be sensible and gratify- ing to discuss land use proposals with the staff to determine if an agreeable proposal could be reached. ern Tirsell asked Mr. Engel what annexation means and the obliga- tions of the City as well as what the property owner can be told. Mr. Engel replied that in his opinion the City cannot legally make any promises or representations to the developer as to future uses and the normal procedures must be followed~ however, there is no objection to the staff's listening to input the developer might have. It should be made clear, however, that the City is in no position to trade and make representation to what he might get in the future. Cm Tirsel1 wondered if annexation stipulates a time limit for development and Mr. Engel replied that it does not. CM-28-198 (\i , I \------./ (\, \ June 17, 1974 (Land Use Discussion) em Tirse1l then asked if the development rights can be taken from the property at the time of annexation in order to hold it for agri- cultural property and Mr. Engel stated that he is not familiar enough with this particular aspect to state. Cm Miller stated that while he appreciates Mr. Levitan's effort in helping the City deal with LAFCO he can see some difficulties with the proposed annexation. He stated that in looking at the property it would be another Springtown annexation, with problems for providing the appropriate City services such as police and fire protection. He stated that even though he agrees annexation should take place at some time he feels that annexation at this time may be premature. He added that he could see no problem in allowing Mr. Levitan the opportunity to discuss proposals with the staff and, in fact, would encourage it. Mayor Pritchard agreed that the staff is always willing to listen to any proposal and will make themselves available to the property owners. Cm Turner stated that if the owners intend to speak to the staff he would like to see a copy of the report indicating the results of the meeting. em Miller stated that it should be made clear the staff is not being directed to work out a proposal with the property owners but merely will be available to discuss proposals the property owners might wish to present. REPORT RE UNDERGROUNDING UTILITIES - COST ASSESS. Mr. Lee commented that the City Council directed the staff to look into the possibility of a fee to spread the cost of underground utilities on major streets. The total amount of the fees for resi- dental property is $934, for multiple family dwelling units is $667 and the amount per square foot for industrial property (and miscellane- ous property) would be 3.7~. He stated that if only underground utilities were included, rather than the major street costs, the amounts would be $272 for single family, $l74 for multiple dwelling, and 1.8~/sq. ft. for industrial. He explained that the method for arriving at the figures was based on a model major street established from 27 different neighborhood areas encompassed by major streets or future major streets in the City outside the core areas. He pointed out that he feels properties which do not border on major streets should share the cost of the major streets because they also use the major streets; however, properties bordering the major streets will have an extra burden because they must share the cost of the public works improvements such as sidewalks. The Industrial Committee considered this matter on numerous occasions, including a meeting held with the Chamber of Commerce, and concluded that there should be no fee to the industrial property nor should there be a require- ment for undergrounding but rather that the overhead wires be allowed using more streamlined construction for the lines. em Futch stated that it is his understanding the proposed fees will not add a burden to the developer, on the average, but simply a different method of obtaining the funds he is presently obligated to pay and an attempt to distribute the costs in a fair and equitable manner. CM-28-l99 . -"~-'-----'-----~"_'__'_"'__"'____''''Mm.,_,_..__.. "..._n. ... ~"M"'-"""'--'''''__''_"''__'''_'''''.''_'_'''''__m'._.'~'_'_'__ June l7, 1974 (Undergrounding Fees) Mr. Lee stated that it is an attempt to fairly distribute the costs among all property developing in the City - regardless of whether or not they are adjacent to a major street. Whether a developer would pay more or less under this system, would hinge upon where his property is located but on the average it would re- main the same. c: Cm Miller stated that it appears that this will lower the burden on the person with the major street frontage and allows the people on the back frontage to pick up their share of the cost so that some of the people on East Avenue and Vasco Road, for example, should benefit greatly from this type of fee structure. Mr. Parness stated that at present, major City streets are installed by property abutting them to a maximum of 36 feet and any footage over this is the burden of the City - usually derived from gas tax money. This proposal would recommend that all prop- erties that develop pay a certain fee, regardless of their prox- imity to the highway; the fee will be pooled and used as the City's participation in the highway construction. Cm Futch stated that he feels this whole thing came about because there were several property owners along Vasco Road and East Ave- nue who protested the very large assessment they would have to bear because of their frontage along the two major streets. Be- cause of this concern the staff was directed to devise a method whereby the cost could be spread more equitably among all the property owners. Cm Miller pointed out that this has actually been done on resi- dential properties in the subdivision off of portola Avenue - there were small parcels bordering on ,ortola which could not bear the cost of the brick wall installed by the subdivision and all the houses in this tract are helping to pay for the major street improvements. It was mentioned that there are three areas concerned with this matter; those being: SP development, OGO, and development at Vasco and East Avenue. Mr. Lee stated that the development at East Avenue and Vasco is one with relatively small frontage and extremely high cost and would recommend in such a situation that rather than placing underground utilities immediately, the City should allow them to remain overhead but with the requirement for the developer to put in the duct work and the appropriate boxes so that this would not have to be interrupted later on. He would also be given credit for anything put in towards later undergrounding. Cm Futch stated that he favors the philosophy of the fee because it does what we are attempting to do - spread the cost in a more equitable manner. He added that he can see some reason for adjust- ing the fee in the industrial areas as this may be to our advantage in attracting industry but until there is additional discussion would not know how it could be adjusted or the amount. He then moved to adopt the Public Works Director's philosophy on the single family and multiple fees, as proposed, with the fees for the indus- trial determined after further discussion. Cm Miller asked if the fees Cm Futch has in mind is the $934 for residential and $667 for multiples which Cm Futch replied is correct and Cm Miller seconded the motion. (\ Mr. Parness suggested that the matter be referred for further staff research and particularly the legal aspect, since we are presently between City counsels, which Cm Futch included in the motion, agreed to by the second. CM-28-200 June l7, 1974 (Undergrounding Fees) Cm Turner stated that this is a lot to digest over the weekend and would like to see the staff report as well as to have the industrial people meet with Mr. Lee and Mr. Musso, Mr. Parness and the Chamber Industrial Committee, to discuss fees, as there seems to be a lot of complaint about fees. He stated that after everyone comes to some type of agreement a recommendation can be brought to the City Council. The City Council discussed this suggestion and which people should meet, and Mayor Pritchard asked if Cm Turner is suggesting that the present motion be eliminated, in favor of these groups sitting down with the staff. Cm Turner explained that while he was on the Planning Commission and since he has been on the Council there seem to be continual odds as to what a proper fee schedule should be. He stated that he feels it is unnecessary to receive a report from Mr. Lee, a report from someone else, and an additional one from someone else, all recommending different fees. He felt everyone could meet and get the matter settled once and for all. Mayor Pritchard suggested that they first vote on the motion on the floor and what Cm Turner is suggesting would be another motion and could be voted on separately. He explained that while he agrees with the philosophy of everyone sitting down and trying to work something out he tends to believe that everyone will never agree as to what is equitable. Bill Manis, representative of the industrial areas, stated that they are opposed to the City's requirement that utilities must go underground in existing areas - not opposed to the requirement for new development. This was followed by discussion regarding fees or costs to the developer for the undergrounding. Cm Miller stated that he cannot understand why it costs $SO/ft. to underground existing utilitiy lines when it is only about $5 to $lS/ft. to underground new lines, and Mr. Lee stated that he does not know why this is either. Cm Futch stated that he feels the costs have not been presented in a clear manner and until it is down in writing and comparisons that can be understood, the matter should be postponed. Cm Turner moved to amend the motion that the City staff (Mr. Lee), the City's Industrial Advisory Committee and the Chamber of Commerce Industrial Committee meet jointly in an effort to reach a mutual agreement as to what an equitable fee would be for the undergrounding in industrial areas. Motion was seconded by Cm Miller. v---- Earl Mason, representing the Chamber Industrial Committee, stated that this is the first there has been mention of a major street fee and that their committee studied only the problem of the under- grounding of utilities. The major street fee is an additional burden that Mr. Lee is asking to be included in the developers fees. Mr. Lee stated that it is true that the portions previously paid for out of the City's gas tax money are included in the fees pro- posed to be paid by the developer, and as Mr. Mason said the center portion of the major street burden is being shifted to the new fee structure - but only partially so. The new fee structure also pro- vides for the sharing of the cost of the planting, the sprinklers, fences, bike paths, and right-of-way cost that the developer has been responsible for and will now be paid for out of the street fee fund. I \ . ~-~/ Mr. Mason continued to say that as far as the cost estimates he feels Mr. Lee's report is correct - the issue is whether all this cost should be borne by the developer or what portion they should be required to pay and if they should have to pay for the major street costs. They have already indicated that undergrounding and the added expense should not be required for any industrial property. CM-28-20l June l7, 1974 (Undergrounding Fees) uHe pointed out that the cost of $78-$100/ft. to install the undergrounding is not worth what is gained, which is merely aesthetic improvement, and is a very large cost for the exist- ing areas, and that in their opinion the added cost of $S/ft. or more, is also an unnecessary expense for new development when PG&E will install overhead lines at no cost. Cm Turner asked about the advantages of underground lines and Mr. Lee stated that this is for aesthetic purposes and that it is City policy that all new development is required to install underground lines. Cm Turner stated that it is not clear in his mind that existing areas should be required to go to the cost of undergrounding lines that are already located overhead merely for aesthetics. Cm Miller stated that there might be some merit in providing a breakdown of the new portion vs. the sharing of the old por- tion, for the Council which can be reviewed during the next discussion. Mr. Mason felt that street widening, without undergrounding of utilities is a vast improvement in aesthetic terms. Cm Miller stated that he does not know why the cost of moving poles and overhead wiring could not be credited toward under- grounding costs by PG&E and would like to know why there is an enormous discrepancy where the existing facilities cost five times as much for undergrounding around the boundaries of a tract as within. Dick Wright, of PG&E, explained that the reason the cost is so great is because if there are overhead lines removed and re- placed with underground lines, nothing can be done with the lines that were overhead. R. M. Callaghan, representing property at East Avenue and Vasco Road, stated that they question the City's legal authority to impose these obligations on private property and read a letter from Fry Development, prospective buyers of the property, which indicated that because of all the requirements imposed on poten- tial development they are not interested in purchasing the property. He stated that this is an example of people who wish to build in Livermore and are being pushed out because of requirements. He stated that he requests the legal authority by which the City of Livermore can require these obligations n private property. Cm Futch responded by saying that the Council is trying to corne up with a policy that would make the cost for the street widening and undergrounding utilities more equitable for property owners that border major streets and Mr. Callaghan stated that he is requesting that he be furnished with the legal authority to envoke such a policy. Ralph Laughlin, Real Estate Broker, stated that in his opinion aes- thetics are fine but somewhere along the line someone has to pay the price. At this time the Council voted unanimously to adopt the amendment to the motion which was followed by adoption of the original motion by unanimous vote. Mayor Pritchard apologized to Mr. Callaghan for the delay regarding decision on the undergrounding and Mr. Parness explained all that is involved and the reason the matter has been lengthy. CM-28-202 June 17, 1974 (Undergrounding Fees) Cm Miller stated that the point made by Cm Futch was good in that the whole purpose of this was to find a mechanism for reducing the load everyone was complaining about last March and such an effort really should not be criticized. RECESS Mayor Pritchard called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT RE OBSOLETE STREET LIGHTS Mr. Lee reported that approximately lS street light poles were removed from First Street and have been in storage for over 10 years. The people developing the Depot Restaurant have requested the use of about 9 of the lights for their parking lot area since they would be compatible with the theme of the building. It is recommended that they be made available to the restaurant develop- ment since they are of no value to the City. Mr. Engel explained that in order to give them away the Council must make a finding that the items are not useful for the origi- nal purpose and if this finding is made they may be disposed of with the City Council approval and without a public auction; how- ever, if the finding is made that they have value other procedures must be followed. ern Futch felt the lights were of negligible value and should dis- pose of them, as recommended. Cm Miller felt the City should retain title on the lights and Mr. Engel stated that the ordinance concerning them states that they may be sold or otherwise disposed of but makes no mention of retaining title. He felt that if title is to be retained it would require going into Government Code sections dealing with leasing or disposal otherwise. Cm Turner moved that the Public Works Director's recommendation be adopted, seconded by Cm Tirsel1 and passed 4-1 (Cm Miller dissenting). It was noted that included in the motion is that the lights are neither used or useful for the purpose for which they were designed. REPORT RE EAST AVENUE COOPERATIVE AGREEMENTS WITH ALAMEDA COUNTY The cooperative agreement with Alameda County with respect to East Avenue was submitted to the City Council by the City Mana- ger for informational purposes. REPORT FROM MAYOR RE PROPOSED FEDERAL LITIGATIOI Mayor Pritchard reported that at the Alameda County Mayors' con- ference it was disclosed that several national organizations and states feel the new fair labor standards amendment may be uncon- stitutional and it is proposed that the matter be brought before the Supreme Court. Such action can be instituted only by a state and the State of Nevada is planning to do this. The estimated national cost is $50,000 with California's share being $15,000 and each city's share $35. On motion of Cm Futch, seconded by Cm Miller and by unanimous vote, the Council agreed to participate in the federal litigation in a calculated amount not to exceed $50. CM-28-203 June 17, 1974 REPORT RE TRAFFIC LIGHT AT HOLMES STREET AND CONCANNON BOULEVARD A letter was received from B. C. Bachto1d, Deputy District Director, Department of Transportation, indicating that the following tentative schedule for installation of traffic signals at Holmes Street and Concannon Boulevard is realistic, providing no complications arise: (~, I. ) \ I ""-// Traffic Report Controller Data to City City Order Controller Fully Executed Coop. Agmt. CHC Vote Funds Advertise Approved May 24, 1974 June 21, 1974 July l, 1974 August l, 1974 September Meeting Early October It was noted that completion of the project can be advanced several months if the City orders the controller as early as possible rather than waiting for the State contractor to place the order after the bid award. Cm Futch moved to direct the staff to proceed, as soon as possible with ordering the controller and poles, seconded by Cm Turner and passed by unanimous vote. MATTERS INITIATED BY THE STAFF (Street Closures) Cm Turner stated that he continues to receive complaints about the streets that are closed because of the track relocation project and wondered if there could be an additional sign at the North Livermore Avenue detour clearly indicating which businesses are open. Mr. Lee reported that the business people have contacted the City and have asked if they could provide a sign indicating that they are open for business and were told that this would be permitted, but if they haven't put one up maybe the City could and Cm Turner felt this would be a nice gesture. Cm Turner asked how the 4-way stop at Railroad Avenue and "L" Street is working out and Mr. Lee stated that it appears to be taking care of most of the problem but during the weekend there was a backup of cars. It is anticipated that this will smooth out in time also. Cm Tirse11 asked if there are peak hours when the cars seem to be jammed and Mr. Lee stated that there is a problem between 5:00 and 6:00 and Cm Tirse1l asked Mr. Parness if it would be possible to provide a police officer to direct traffic during this time. Mr. Parness stated that he would assume it is possible but often it is not possible to provide one consistently; however, if this is the Council direction the staff will try to arrange it. Cm Turner suggested that perhaps someone from the staff could meet with the merchants in the shopping center off of "p" Street who seem to be upset about closing the streets and indicate how long they are to be closed and what the City might be able to do to help them, and Mr. Parness stated they would be happy to do so. CM-28-204 June l7, 1974 (Public Parking) Cm Miller stated that he has received complaints from people who are irritated because the people from the court are using most of the parking spaces in the public parking area behind the stores on First Street and that the merchants are paying for the parking and the County is not paying for the portion used by the court. Mr. Parness stated that it is not true that the County does not contribute to this cost and Cm Miller pointed out that there is more parking by people going to the court than there would be if they were going to a business and therefore the County is receiv- ing disproportionate benefits. Mr. Parness stated that as a result of the same type of complaints received in the past, the Police Department was asked to conduct a check of the traffic generated by the court. The traffic count and the number of parking spaces used by this type of demand were calculated, converted to dollar terms, and a request made to the County that they pay the costs for using the same ratio as the merchants. They agreed to pay this cost and have been doing so for over a year. He stated that this money goes into the merchants' parking fund and when the last bills were mailed out it was made clear that due to the County's financial participation the amount normally paid by the merchants would be slightly reduced. (Bushes at Kittyhawk Road & Airport Boulevard) Cm Miller stated that he has received complaints about bushes loca- ted at the corner of Kittyhawk Road and Airport Boulevard which obstruct the view of oncoming cars and suggested that these bushes be trimmed. (Removal of Top Soil from City Property) Cm Miller stated that he was told that Mr. Mehran removed top soil from park property dedicated to the City and either sold it or got rid of it and apparently LARPD was aware of this, contacted the Pub- lic Works Department, who in turn, told Mr. Mehran to replace the top soil. Cm Miller stated that if this is true he would like to have a report of exactly what happened and wanted to know why the City Council was not notified of someone taking City property. He pointed out that if someone steals something and then replaces it this does not make him immune to the penalties of the law for tak- ing it. (Bikes on Arroyo Bridge) Cm Futch stated that he is concerned for the bicycles traveling across the Arroyo bridge and noted that the foot bridge is not being used, and it really is not feasible to use it. He suggested that a sign be posted indicating that cars should not try to pass bicycles using the bridge. Mr. Lee stated that he would look into the matter and noted that as a long range solution to the problem he would like to install a bike path on the west side of Arroyo Road when the City acquires the right-of-way. (Housing for Horizons) Cm Futch stated that he has heard rumors that the City is considering placing HORIZONS, the youth services group, in the unsafe old Police Building and would hope this is not true - if so, he has some other suggestions for housing them. CM-28-20S June l7, 1974 (Report re Reorganiza- tion of VPC) Cm Tirsell reported that the Valley Planning committee has embarked on reorganization and after motions and discussion concluded that there would be a 9 person committee with 2 votes going to the 3 municipalities (even though Dublin is not an incorporated city), 1 vote to 3 single purpose agencies (one of which will be Zone 7). She stated that the composition of the committee was the major hurdle to overcome and that the other aspects will be considered at a later time. (/- ) --" (Robertson Park Lake) Cm Tirsell stated that she has received a number of pleas from young people concerning the lake area going into Robertson Park where the youngsters fish and swim. The area is on private property and the owner wishes to sell but Cm Tirsel1 stated that it really is a delightful area for the youngsters and that they intend to circulate a petition concerning it. She wondered if the City had made any attempts to acquire it and noted that her children refer to it as "Lost Lake". She urged the Counci1members to take a look at the area during the hot summer days to observe the number of children enjoying the area around the clock. (re Community Action Agency Funds) Cm Tirse11 stated that the Community Action Agency has received a vast amount of money this year which exceeds $500,000 for the South County consortium and would like service agencies to be notified that this is the time to write proposals for innovative programs for these funds. She felt the Board is very receptive as to how funds should be spent and there is no reason programs in this valley can't be funded. She stated that she would be happy to take calls and direct people to the person who might be able to help them write their proposals and give the necessary information. ADJOURNMENT There being no further Council business, Mayor Pritchard adjourned the meeting at 11:20 p.m. to an executive session. ATTEST a4#:&d/ Mayor ~ 1 /- L/ C1ty Clerk . Livermore, California APPROVE CM-28-206 I Special Meeting - June 20, 1974 A special meeting was called by Mayor pritchard to convene at 9:30 a.m. in the basement, Fire Station No.2, 951 Rincon Avenue, on June 20, 1974. PRESENT: Counci1members Futch, Miller, Tirse11, Turner and Mayor Pritchard ABSENT: None The meeting was called for the purpose of Council consideration of the following: Clarification of the Council's position re widening of I-SaO (proposed). The Council did consider the draft of a letter prepared by the City Manager to the Environmental Protection Agency regarding the proposed reconstruction of I-S80 through the Dublin corridor. It was decided that they would reaffirm their unanimous opposi- tion to the proposed reconstruction of the subject highway. The Council questioned the technical accuracy of the amended environmental impact report prepared by the State Department of Transportation feeling that it did not properly evaluate the effects of this project on air quality in the Livermore Valley. Specifically, the Council questioned the assumption that this proposed project would not significantly increase the number of daily vehicle trips through the Dublin Corridor, pointing out that this conclusion was contrary to previous studies such as the Putman Report. The Council expressed a willingness to consider a reduced widening of the corridor (such as 3 lanes), which would have a lesser impact on air quality and permit a reduction in the necessary excavation and topographical changes through the Dublin Canyon, provided that there would be increasing encouragement and implemen- tation of some means of public mass transit in an enlarged median as an alternate means of travel. On motion of Cm. Miller, seconded by Cm. Turner, the above listed action was approved and authorized sent as stated. The meeting then adjourned at 9:35 a.m. APPROVE 4u~t f i!ud Mayor ~' ~. .0~ Clerk Live, California ATTEST CM-28-207 Regular Meeting of June 24, 1974 A regular meeting of the City Council was held on June 24, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor pro tempore Futch presiding. ,--- ROLL CALL Present: Counci1members Turner, Miller, Futch and Tirse11 Absent: Mayor Pritchard (On Vacation) PLEDGE OF ALLEGIANCE Mayor pro tempore Futch led the Counci1members as well as those present in the audience, in the Pledge of Allegiance. MINUTES On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the minutes for the meeting of June 17, 1974, were approved, as amended. OPEN FORUM (Complaint re Drinks During Dinner-Budget Session) Neva M. Heath, 2988 Kennedy Street, stated that Carry Nation was a notorious campaigner against liquor in the state of Kansas. Mrs. Heath added that as a native of Kansas she resurrected Carry Nation on the evening of June 20, 1974, in the basement of #2 Fire Station, at the City budget session. In the dining room she found City Coun- cil members and several City staff members drinking alcoholic beverages during the "happy hour" after dinner and that a bar had been set up to serve them. She stated that the budget session is the most impor - tant session of the year. It is serious enough in her estimation that City funds probably provided the booze, but more tragic of all is that members of the City Council and City staff attended to offi- cial city budget matters after partaking of the spirits of alcohol. The City Finance officer told Mrs. Heath that a kitty had been set up when she inquired as to whether City funds financed the liquor and he pointed out five or six $1 bills on the corner of the table. Later it was observed that the water glass provided for the kitty, had an amount in the neighborhood of $12 at the most - far below the price of two cases of liquor, including Bourbon, vodka, gin, etc. Next to the bar she observed three bottles of wine being made ready to serve; the second case was held in reserve. In her opinion the establishment of a liquor kitty only complicates the situation by making it an illegal act to sell liquor without a license on the premises of a public financed building. The drinking members were putting money in the kitty. The Mayor, the City Engineer nor the City Attorney were not in attendance during the "happy hour", and the Mayor and City Attorney were not in attendance for the budget session after the dinner hour. She presented a few questions for thought which she stated the Council could answer if they wanted to. Why did two firemen on duty scotchtape plain white paper over both glass doors and tighten the automatic door closures so the doors could not be opened during the "happy hour"? Why did the Council and the staff CM-28-209 June 24, 1974 ("Happy Hour" Budget Session) stand around the kitchen and dining room of the Fire Station without turning on the lights after the close of the budget session close to ll:OO p.m.? Could it be that you were waiting for the public to leave, /",",') as there were bottles of spirits left that you wanted to kill before ( you returned home to your families? Of course there was the contents of the kitty that perhaps would be reimbursed. Is this expense re- ported in the budget and called "miscellaneous" every year? She stated that the Council and staff did work very hard and long on the budget and some would agree that they deserve a few "snorts" but she asked if they thought it was right when attending to City busi- ness. She asked the Council if they thought it was fair to see fit to cut our City Little League Teams or City Soccer Team or the Police request from the City Budget instead. She continued that the revela- tion Thursday night is what makes her very curious as to how many times the City Council and staff has entertained and served City funded li- quor during the year. She remarked that she would like to leave the Council with this food for thought - it is the children of drinking parents who lose the most and have the most to lose, and asked if this is what the "City Dads" and a "mama" are satisfied with for our City's children. Mayor Pro Tempore Futch stated that alcoholic beverages and wine are frequently available at dinners in which public officials participate and this was probably no exception. The exception, in this case, was that the funds did not corne from the City of Livermore to pay for the beverages. With respect to the doors being taped he stated that he was unaware of this and anytime he observed the doors, they were open. Paul Tull, 2243 Linden Street, stated that he is surprised Cm Futch was not aware of the taped doors because they were in front of every- one. PUBLIC HEARING RE FORMATION OF UNDER- GROUND UTILITY DISTRICT Mayor pro tempore Futch opened the public hearing to receive comments from affected property owners regarding the formation of an underground utility district. These districts require that the incorporated pri- vate property owners convert their utility services to underground to interconnect with the main line underground services installed by PG&E, at their expense. Mr. Beebe, Manager of PG&E, spoke to the Council regarding the legal aspects of "Q" Street, which has been abandoned by the City and sug- gested that since it is private property the boundaries be on the east- erly line of "Q" Street rather than about the middle, which line was illustrated on. the map and which Mr. Lee stated would cause no problem with respect to the resolution. There being no further testimony and no written response, on motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the public hearing was closed. Cm Turner stated that he would like to know what the conversion would mean in the way of cost to the property owner and it was noted that an amount has not been estimated - each property will have a different cost. It was also noted that a good share of the property already has underground service and the bulk of the expense will not be to the adjacent property owners but will come from Rule 20 money, and no residential homes will be involved. ~. I ) / CM-28-210 June 24, 1974 (P.H. re Formation of Underground Utility Dist.) Cm Tirse11 moved that the Council adopt a resolution establishing an underground utility district, seconded by Cm Turner which passed unanimously. RESOLUTION NO. 98-74 /~. A RESOLUTION ESTABLISHING AN UNDERGROUND DISTRICT ON P STREET CONSENT CALENDAR Res. Auth. Transfer of 1973-74 Funds A resolution was adopted authorizing and directing transfer of 1973-74 fiscal budget funds. RESOLUTION NO. 99-74 RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS Minutes - Airport Advisory Comm. and Design Review Comm. (Street Lights) Minutes were received, as follows: Airport Advisory Committee - Meeting of - June 3 Design Review Committee - Meeting of - June l2 Cm Miller asked about the height of the street lights, as noted in the minutes of the Design Review Committee and Mr. Lee stated that this matter would be coming to the Council for a decision but if the Council knows, at this time, what they would like they can so state and the order can be made. The report indicated that plans include 40-foot poles and Cm Miller stated that it has been Council policy to try to maintain some uniformity in our business district and to stay away from these giant poles. He suggested since we have ordered 40-foot poles and are obligated to take them, perhaps a report from the staff would be in order suggesting other locations in which they might be used. Cm Tirsell asked if these were the poles the staff was asked to check on to see if they could be rescinded and Mr. Lee commented as to how the 40-foot poles were ordered and stated that if the Council would like more information he could provide them with a report of the costs involved and other specifics. (]~~~~- /-.~. Cm Tirsell pointed out that this is just one small. 0 em concern- ing the design and structure of the ~iJ. l1n~.rl?~.. and wondered if the Planning Commission is very far along with their hearings on this matter. She stated that if things are done piecemeal through the Council, things get ordered and later it is determined that the order should be rescinded. Mr. Lee stated that the Planning Commission has had only one meet- ing and has outlined the question they have about the whole area. It was a very useful discussion but they have not made any decision about specifics. Mayor Pro Tempore Futch commented that the Council's direction is that it would like an overall view on the poles. Erna Barr, 1009 Murrieta Boulevard, asked about the cost of the underground utilities with respect to the public hearing just held and Mr. Lee explained it to her; he also answered questions posed regarding the poles and fixtures planned for the P Street area. CM-28-2ll .___'~""__+H~~~__~'__'_'______",_~",___"",~,"",,___."."_ m. "_'_.___,._...__,.",...,~_ June 24, 1974 APPROVAL OF CONSENT CALENDAR On motion of em Miller, seconded by Cm Tirsell and by unanimous vote, the Consent Calendar was approved. COMMUNICATION FROM LARPD RE ARROYO MOCHO PARK SITE o A letter was received from LARPD with ment of the Mocho Park area just west noted that this particular site has a will not take place for some time. regard to financing develop- of Holmes Street and it was low priority and development Cm Turner suggested that perhaps he and Cm Miller, the representa- tives from the Council, might meet with LARPD to discuss the matter and then report back to the Council. Mr. Parness was asked to list this among the agenda items to be discussed with the LARPD liaison during their next meeting. REPORT RE AIRPORT MASTER PLAN & LAND USE STUDY The City Manager explained that a grant has been approved for the Airport Master Plan and Land Use Study and purchase of the west Clear Zone which will perpetually reserve this property from the encroachment of other uses and the only action required at this time is the approval of the execution of the grant agree- ment by way of resolution. Cm Tirse11 noted that the City's share of the cost will be $33,968 and wondered where this amount will corne from, and Mr. Parness ex- plained that this is a part of the Capital Improvement Program and that adequate funds have accumulated for both programs. On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the following resolutions were adopted. RESOLUTION NO. lOO-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Planning Grant - Livermore Municipal Airport) RESOLUTION NO. 101-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Clear Zone Livermore Municipal Airport) REPORT RE CUP APP. - Henrietta Fankhauser The Planning Commission reported that at its meeting of June 18th, the application of Henrietta Fankhauser for a CUP to permit retail sale of antiques in a CP District (331 North "L") was considered. It was concluded that approval should be granted, subject to vari- ous conditions, as outlined in the report from the Planning Commission, dated June 18, 1974. 01 \ ,,~- em Turner moved to adopt the Planning Commission recommendation for approval, seconded by Cm Tirsell. CM-28-2l2 June 24, 1974 (CUp Application - Retail Sales-Fankhauser) Mrs. Fankhauser spoke to the Council regarding the application for the CUP and the type of business to be conducted and the type of things to be stored, and reference was made to the Chief Build- ing Inspector's report. em Miller stated that he appreciates the Fankhauser's willingness to clean up their property and improve the buildings and knows that it would be done in good taste; however, he sees a long view issue with the CUP which bothers him and that is the precedent for further retail commercial along "L" Street. The fact that this is a rather restrained retail commercial does not really change the principle and in his opinion a CUP which permits retail commercial in the CP District does impair the Zoning Ordinance and does impair the purpose of the CP District. He stated that he has watched this kind of thing happen over the past 16 years where there is just a minor allowance and ends up to be something widespread - such as the CP on "L" Street which carne about in exactly the same way. He felt it would be very unwise to approve retail commercial in the CP District and to do so is asking for trouble, even if the trouble is four or five years away. Mayor Pro Tempore Futch asked if Mr. Musso would explain the reasons the Planning Commission felt it would not be setting a precedent and Mr. Musso replied that a lot of the reason behind the recommendation was the problem of relocating the use from the present location. He added that the Planning Commission was also very concerned with set- ting a precedent and a lot of attention was given towards making the findings which he then reviewed for the Council. He stated that there is only one condition required by the Planning Commission which is not covered by the ordinance and that is the condition relative to the window display - they are not to use the window to display signs. Mayor Pro Tempore Futch noted that he feels the same reservations expressed by Cm Miller and that there are a lot of areas in town which could use the excuse that they are adjacent to a CB District, and could meet this condition. Cm Miller pointed out that the use does not conform to the General Plan and Mr. Musso stated that this is something which has to be worked out, as the whole strip along "L" Street does not conform to the General Plan. Cm Tirse11 felt the CUP is the right procedure in this case and that the findings from the Planning Commission are adequate. She stated that in driving around other cities of our size she has noticed that they create an easy conversion from the CB areas to the residential and that the two areas generally abut. She stated that the small creative types of busineses really have no other place in town and we really have no place for the beginning artists and small shops and specialty home crafts. A lot of small towns use these types of businsses as a buffer zone but does appreciate the problem noted by Cm Miller and would hope that the zoning for this area never becomes straight,~commercia1. Cm Miller noted that there is an area presently zoned Commercial District and consists of houses located south of First Street. There are places which could be purchased in commercial areas that would not present a problem or the necessity to create a transition area. He stated that he is trying very hard to stop ilL" Street from becoming commercial perhaps in another five years. Mr. Fankhauser stated that he and his wife looked at houses to buy in other areas and those in the commercial areas are about $35,000 and that about half of the house would have to be demolished to pro- vide for parking. Rentals appear to be in the neighborhood of $300 a month and either of these alternatives would be too costly for a CM-28-2l3 June 24, 1974 (CUP Application- Fankhauser) business such as theirs which is open only a few days a week. Mayor Pro Tempore Futch stated that he is having a very difficult time trying to arrive at a decision as he feels a store of this type is needed but also would not like to set a precedent. He felt that possibly the ordinance could be modified to allow only the artist and antique type of business and Cm Tirsell stated that she would feel better if there was a definitive statement in the ordinance for the transition area, and wondered if Mr. Musso could comment on how other areas control the type of business allowed. (~ U Mr. Musso stated that he could offer no solution. Cm Turner stated that in his opinion the CP already established in the residential area has already done the damage and would agree with Cm Miller if there was only residential; however a change in the ordinance, as suggested by Cm Futch might make sense and feels that this should be looked into. He then moved that the Planning Commission recommendation be adopted which had been seconded by em Tirsell and the motion passed 3-1 with Cm Miller dissenting. REPORT RE NOISE AD- VISORY COMMITTEE Mr. Musso explained that the Noise Ordinance was discussed about a year ago and that at that time he proposed forming a Noise Committee to be primarily technical in nature and which would review the many ordinances available, including a Quiet City Ordinance by the League of California Cities. He pointed out that the most important aspect would be the determination of the noise level allowed in each zoning district including noise for a certain period of time or for a particular time of day. There is also a problem of subdivisions located near the freeway or major streets and an ambient noise level would be established for these areas and could be exceeded by a certain level. Once the numbers are established (expressed in decibels assigned for the zones) there will be a Noise Ordinance and this will also be part of the General Plan Noise Element. He stated that he suggested primarily technical people and has received the names of four people who might be willing to serve. Two of these people have been contacted and have agreed to serve on the com- mittee and the other two have not been contacted. The American Society of Mechanical Engineers have offered their assistance to the City and at the suggestion of Mr. Parness they have been con- tacted and also have agreed to assist. Cm Turner wondered how long it would take to complete this task and Mr. Musso stated that other cities have developed this type of ordinance, for the most part, and we should have one completed fairly soon - probably in less than six months. em Miller moved that the City Council authorize a City Noise Study Committee, or some other appropriate title, seconded by Cm Tirse11. Mr. Parness asked if the staff is to be relied upon for making a selection of committee members or if a more formal procedure is desired and Cm Miller stated that he would be willing to leave the selection of appropriate members, to the staff, with the Coun- cil being informed as to who the members are, which he included in the motion and which was agreed to by the second. /\ ( . \'--. ' Paul Tul1, 2243 Linden Street, commented that when the committee is formed he would request that they pay particular attention to the noise which comes from the railroad tracks whteh can be heard corning from the Altamont Pass area. CM-28-2l4 June 24, 1974 (re Noise Committee) Mr. Musso explained that in the case of the noise from trains, some- thing such as a noise barrier might be helpful and can be looked into and garbage trucks were also mentioned as a source of noise which is disturbing. Robert Heath, 2988 Kennedy Street, also commented about noise levels from the trains. Cm Turner stated that it is his understanding the Council would appoint members to committees established by the Council and Cm Futch felt that perhaps the staff could submit suggestions and formal approval could be given by the Council and Cm Turner felt this would be acceptable, as long as the staff understands that the Council will make the final approval. It was noted that this would be included as the intent of the motion which passed by unanimous vote. ADOPTION OF ZOo ORD. VAR. PARKISCHOOL SITES On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote, the ordinance amending Ordinance No. 442, Section 3.00 changing the zoning of Max Baer Park, Mocho Park, Sunset South School and Park, Crum Park, Rhonewood Park and Neptune Park to E District was adopted. ORDINANCE NO. 843 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. The title of the ordinance was read by Mr. Engel. MATTERS INITIATED BY THE STAFF (Downtown Theme) Mr. Musso reported that other aspects for a theme for the downtown area are being considered other than architectural, such as street lights, street furniture, landscaping and various other things that might be used. (Council Approval of Budget) The City Manager noted that approval of the budget needs to be discussed and suggested that this matter be decided at the next meeting and after some discussion it was concluded that the matter will be discussed at the meeting of July 15th. (re Consultant Firm General Plan Study) The City Manager commented that perhaps there is a need for a special meeting to review the references of the consultant firm for the planning study to take place. The staff is nearly finished with their work and from this it is anticipated that a choice can be made. Cm Futch felt there is a large difference in the cost estimates for the three consultants and suggested that the staff prepare a thorough analysis as to what the three firms might provide and Mr. Parness indicated that this is almost impossible unless there is detailed personal discussion with each firm. CM-28-215 June 24, 1974 (Gen. Plan Consultant Firm) Cm Turner felt that with all the information available on the con- sultants, the Council should be able to sit down and choose the consultant they would like from reading the resume and talking to them and then ask for a price and suggested that the Counci1members have a meeting to decide what it is they want and who should do it. It was concluded that the Counci1members would meet at 5:00 on June 25th, and Cm Miller suggested that in the first part of the meeting the Council take into consideration the Planning Commissioners and staff members' input (those who were present during interviews), and the Council agreed that this might be useful. n The City Manager felt that Cm Turner's comment about price being a secondary consideration is very important and that the prime consideration should be the selection of the firm felt to be most qualified and can do the job, and Cm Futch explained that he did not mean to imply that the price was the main consideration but rather that the consultants are offering different things and it has not been determined which things will be required of a firm. (re Chamber of Commerce Plans for Livermore Day at the Fair) Mr. Parness stated that the Chamber of Commerce has planned a community barbeque dinner for July 8th, Livermore Day at the Fair, and that the dinner will be paid for by those who enjoy the proceeds. Mr. Parness stated that he would encourage participation by Counci1members as well as any interested community members that may wish to attend. He felt the $6 fee is a very attractive offer in that it includes entrance to the fair, a box seat for the races and the dinner. MATTERS INITIATED BY THE COUNCIL (Truck Routes) Cm Turner stated that he has received a comment from an indi- vidual who would suggest that heavy trucks be restricted to a certain route because the trucks deteriorate City streets and Mr. Lee explained that there is a truck route designated in the City and which the trucks should use. Cm Turner stated that the person who spoke to him about this matter felt there is excessive use of Fourth Street by heavy trucks. Cm Miller noted that this matter has corne up in the past and that it was necessary to repave E1 Caminito because of the use of that street by heavy trucks, and possibly fees should be paid by developers whose trucks consistently use certain streets so that this money can be used for repaving. (Support of AB 3924 - Tippler Tax) Cm Turner suggested that the Council support AB 3924 known as the Tippler Tax which would mean a sales tax per drink on liquor and so moved, seconded by Cm Miller which passed unanimously. n / Cm Miller also urged that a letter be sent to the governor, as he vetoed this bill. CM-28-216 June 24, 1974 (Removal of Top Soil) Cm Miller stated that he has received a memorandum from the staff as to his remark made last week about possible removal of top soil from a City park site in Tract 3321 and that the memorandum is most unsatisfactory, and the actions of the developer more unsatisfactory. He stated that the developer unilaterally anticipated a shortage of earth materials and that the contours of the park could be improved by removal of these earth materials from the park site. The park was stripped of the materials used for the developer's own private purposes and profit and later the top soil was redistributed at the insistance of LARPD and the City. The developer is presently stock- piling material and using City property without paying any rental for the use of it and that lastly, the comment made in the memorandum which really makes him angry is that, "considerable staff time would have been saved had the developer cleared his park grading plan with the City prior to commencing work". Cm Miller pointed out that the developer does not own that parcel and cannot have a park grading plan. He has taken our property without permission, without notification or anything. He trespassed on City property and took it and Cm Miller stated that he feels this to be unilaterally without notice and when it came to the attention of the City the staff did not bring it to the attention of the Council which he also finds very irritating. In his opinion, trespass and taking of public property should require further attention and that there should be prosecution for such action. To argue, now, that everything is o.k. with LARPD, has nothing to do with the fundamental principle involved which is that the developer unilaterally trespassed on our property and took part of it for his own private purposes and added that if he sounds irritated and angry it is because he is and urged that the Council direct the staff to pursue a trespass prosecution for this and so moved. Cm Tirsell stated that prosecution will not put the earth back and payment is really not what the City needs - he took property. Cm Turner raised a point of order at this time noting that there can be no discussion of the matter without a second to the motion and asked that it be restated. Cm Miller moved that the City Council pursue a prosecution for trespass and the taking of public property, without authorization or notice, and that the storage fee be charged for the material which he is presently stockpiling on our property without the Council's permission, seconded by Mayor Pro Tempore Futch for discussion purposes. Mr. Lee stated that he did not notify the City Council of this matter because the Tract is not up for final acceptance and the subdivider resolved the matter in such a way that is satisfactory to the Park District who has taken the responsibility to develop the site, and, in fact, they are happier with the present countours than what had been originally presented. With respect to the materials being on the site, the improvements to the tract have to be approved at the end and after all the work has been completed. If, at that time, the matter has not been resolved to the satisfaction of LARPD and the City, the matter would be brought to the attention of the City Council. He pointed out that many things happen during the course of subdivision construction and the developer and his contractor are required to make the necessary corrections. CM-28-2l7 June 24, 1974 (re Removal of Top Soil) Mayor Pro Tempore Futch commented that the developer is required to dedicate a site including the streets and frontage and wondered if this frequently requires grading and Mr. Lee stated that this is true and sometimes if a park site is not adequately graded the City might require grading by the developer and it might also be required for the street frontage. c Cm Miller stated that this is true, but not grading for the whole parcel and not taking away the dirt without notification and that the fundamental issue is being lost. Mayor pro tempore Futch commented that he does not want to establish a policy of something that would be in conflict with the overall drainage that has to be considered. Mr. Lee felt the end results are what the staff are concerned with and the City Council can be sure that they would be made very much aware of unresolved matters if the subdivision was ready for accept- ance. Mayor pro tempore Futch stated that in this particular instance he shares the concern expressed by Cm Miller in that it would appear the top soil would be used for the developer's benefit but before there is further discussion perhaps the interim City Attorney would have advice. Mr. Engel replied that it depends on whether the Council would be interested in criminal prosecution or civil action and that criminal prosecution would be very difficult and that civil action might be very expensive from the standpoint of City staff time. To weigh the time of the staff and time spent in court and court fees against what might be recovered, litigation would probably not be worthwhile. Cm Miller pointed out that it is particularly disturbing to him for people to flaut our ordinances, take our property and get away with it with impunity. Somewhere and somehow the public should receive protection from people who take their property. This was a trespass and a taking of public property and if criminal prosecution is diffi- cult it is immaterial. In his opinion, taking public property without notice to the City requires some kind of response from the City Coun- cil. Cm Turner stated that Cm Miller's point is well taken and would cer- tainly agree; however, what type of response might be appropriate seems to be somewhat difficult. Cm Miller stated that he would like to have an answer about why criminal prosecution should be so difficult, as in other circum- stances there are blunt and ugly words for people who take property, and Mr. Engel explained that the primary reason is because, in the final analysis, the matter would probably be viewed as a diminimus matter by the prosecuting attorney with no real loss to the City. Cm Miller felt the arithmetic should be done with respect to value of material taken from the City without its knowledge and even if it is a difficult case it should at least be taken to the District Attorney. If he decides not to prosecute because he feels it is a diminimus problem this is his choice but the Council's responsi- bility, on behalf of the public, should be to place the matter into the hands of the District Attorney. He emphasized that the incident cannot go without notice and the Council simply cannot ignore the incident. It was the developer's decision and without r CM-28-218 June 24, 1974 (Removal of Top Soil) ~ notice to the City and the fact that the contours are better in the end result, are only because LARPD insisted that they be provided by the developer and were not the contours left by the developer after removal of the top soil. The whole point is that whether or not any- thing was taken and put back, such was done without the permission of the City and is the major issue. A second point is that if the City had been approached with the suggestion of trading top soil for better contours, it may have been agreeable and an appropriate deal worked out; however, this is not what happened. Cm Turner asked if this is property the developer dedicated and Mr. Lee replied that it is the property dedicated along with the Tract. Cm Turner felt the City Attorney should investigate the matter and suggest a course of action and pointed out that the Council is only reading an inner-office memorandum from which they are basing a de- cision and wondered if Mr. Mehran had been contacted; Mr. Lee replied that Mr. Mehran had not been contacted. Mr. Lee felt there are remedies to any problem which might exist and that Mr. Mehran's contractor may be the person involved, but the City has every right to expect any necessary correction to satisfy LARPD. Cm Turner felt it would be best to ask the City Attorney to investigate the matter such as was done with the incident involving Dr. Rocco. Cm Tirsell stated that she would like to see positive results from whatever action the Council decides to take. She feels that this is an arrogant attitude demonstrated against our ordinances and that Mr. Mehran is the owner of the property regardless of who graded it, and must answer to the wrongdoing. In her opinion, compensation should be made in some way but most importantly the point should be emphasized that the City has a dim view of Mr. Mehran's creating his own grading plan to suit his needs after the City has received an approved site plan and such action should not be repeated. Mr. Engel commented that he would look into the matter and there is a possibility that it could be handled through Small Claims Court. Mayor Pro Tempore Futch pointed out that the Council should use some discretion in running to the District Attorney over every little matter and that when something really important comes up their office might not pay any attention to Livermore's complaint. He suggested that the Council adopt a policy of requiring developers to obtain permission from the staff prior to removal of soil from park sites with the staff being under instruction from the Council that the City should be compensated for any soil removed which is of value, and Mr. Lee pointed out that after the grading plan has been received, this requirement goes without saying and that without permission such would not be allowed, and Cm Futch felt something should be stated to the developer. Cm Miller felt the Council should not have to say anything to the developer - it should be understood. Mr. Lee explained that there is a standard requirement in the engineer- ing consideration, relative to grading. c) Cm Miller stated that he would like his motion to state that the trespass prosecution be given to the District Attorney and emphasized that a public jurisdiction should not be concerned about whether or not people feel Livermore is crying "wolf". This is a public morality issue which the City cannot ignore and should be brought before the District Attorney. This was a flagrant and arrogant performance. CM-28-2l9 June 24, 1974 (Removal of Top Soil) Cm Turner wondered if the motion could be tempered to ask that the City Attorney investigate and make an appropriate recommenda- tion to the City Council by the next meeting day, and offered this as an amendment, seconded by Cm Tirse11, after the purpose of the investigation was explained. Cm Miller stated he was not sure how the amendment would fit in with the motion, but felt that the amendment was to investigate the possi- bility of doing as the motion states and reporting back to the Coun- cil with the recommendation. Cm Tirse11 questioned if they would consider other alternatives, and Cm Miller stated he would consider other options, but his concern is that flagrant taking of public property should have some kind of public prosecution. Mayor pro tempore Futch asked if the motion should be considered as a substitute motion, and Mr. Engel stated that the amendment was contrary to the motion. Cm Miller stated he would agree with Cm Turner's amendment although he would rather go directly to the DA, and would make the motion state that the City Attorney investigate the aspects of a prosecu- tion for trespass and for charging for storage and to consider other options and to come back with a report and recommendation. The motion was seconded by Cm Tirsel1. Due to the confusion of the motion, Cm Miller withdrew his original motion, and the motion as stated was made by Cm Turner, seconded by Cm Tirsell, and passed unanimously. Cm. Miller, as one last comment, stated he did not like the attitude that occurred in the last paragraph of the memorandum which indicated that the grading would have been in order if the developer had cleared it with the City, as the park is the property of the City and not the developer. Mr. Lee stated it may have been a poor choice of words, but what he was saying is the fact that if the developer wanted to grade it he should have come and presented it to the staff who would have followed the regular channels - it would have been presented to the Recreation District and to the Council for approval. It was not meant to indicate that approval would have been automatic. His grading plans for the subdivision were processed and approved. The point is Mr. Lee had presented all the facts to the Council and it was up to the Council what attitude they would take regarding the matter. Cm Miller remarked that he was willing to concede it would be possible to read the words different ways, and following through what he had read perhaps the feelings of increasing anger as he read, puts a wrong construction on the choice of words, and it may be that he has mistaken the intent of the words and he apologized. ADJOURNMENT The meeting was adjourned at 10:10 p.m. until Tuesday at 5:00 p.m. in the City Hall. APPROVE ~ /i?k:d Mayor '-'- ATTEST CM-28-220 Adjourned Meeting of June 25, 1974 The adjourned meeting was called to order by Mayor pro tempore Futch, at 5:00 p.m. in the City Hall, 2250 First Street, on June 2S,l974. ROLL CALL PRESENT: Councilmembers Futch, Miller, Tirsell and Turner ABSENT: Mayor Pritchard (On Vacation) The meeting was called to discuss the firms proposed for the conduct of the General Plan Study. No action was taken. ADJOURNMENT The meeting was adjourned at 6:49 p.m. APPROVE ddt //, zu Oct. ~. 'M.YOr tZl. ~ C t. Ie k Li rm e, California ATTEST Regular Meeting of July 1, 1974 A regular meeting of the City Council was held on July 1, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor pro tempore Futch presiding. ROLL CALL PRESENT: Councilmembers Turner, Miller, Futch and Tirsell ABSENT: Mayor Pritchard (On Vacation) PLEDGE OF ALLEGIANCE Mayor pro tempore Futch led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. MINUTES ( On motion of Cm Tirsell, seconded by Cm Turner, and by unanimous vote, the minutes for the meeting of June 24, 1974, were approved, as amended. CM-28-221 July 1, 1974 OPEN FORUM (Bus Service to BART Stations) Mrs. Evelyn Prudhon, 3891 Santa Clara Way, asked what plans are being made in the near future to provide transportation to the BART stations in Hayward and Oakland. She commented that she has served on jury duty the past four weeks and it came to her attention that many people from the Livermore and P1easanton areas cannot serve because there is no method of transportation. She felt that after living here for the past 19 years and paying for BART on her tax rolls all this time, that certainly there should be some transportation furnished, and she had been told that such a service was up to the city. Mayor pro tem Futch stated he wished that the City had more influence with the BART Board as the City recognizes the great need for public transportation, and we have been promised by the Board that we will have buses to the BART stations at the same time that the trans-bay tube goes into operation. Mr. Parness stated that at the insistence of a member of the BART Board, Mr. DeWitt Wilson, a P1easanton resident, a meeting was arranged last week with the principal staff members of BART and with AC Transit to discuss this same question. The City has been working toward this service for a long time and the promise has always been that it would be done with the opening of the trans-bay service which has been set for September 9. However there has been a great deal of difficulty for the BART agency and AC Transit with regard to getting necessary capital funds from the federal government for the purchase of buses that will satisfy our needs. Thirty-six buses are required to take care of the Livermore Valley and eastern Contra Costa County. Mr. Parness went on to explain that it was revealed at the meeting that the difficulty in acquiring the federal grant has to do with the AC Transit being bur- dened by a statute in the Urban Mass Transit Act and the Federal High- ways Act which specifies that if federal monies are used for capital acquisition, no charter operations would be allowed by the recipient agency outside of their area of jurisdiction, and so they had seen fit not to execute the grant application. However they are trying to get the law amended and they have composed another grant application for federal funds that will involve some 110 buses. We have no assurances that the trans-bay is going to commence as of September 9 as there are all kinds of difficulties they still face, but we have demanded that we receive express services no later than November 1974, and in- sisted that this stipulation be made a part of the contract being negotiated between BART and AC Transit. This has been taken under advisement we can only hope~it will be done. Cm Miller remarked that Mrs. prudhon's comment that "it isn't right we don't have bus service" is absolutely correct as this Council has been trying for more than three years to get this service. Contrary to what she has been told, we do not have the authority to provide bus service and it is not our responsibility, but rather BART's re- sponsibility and they have not delivered on their promises to provide this service. (Re Intersection Holmes & Concannon) Celia Baker, S4l Bell Avenue, advised the Council that there had been a bad accident at the corner of Holmes Street and Concannon Blvd. and although the Council has been working on obtaining signals for this intersection, she felt it was dangerous and asked that something be at least temporarily done. Mayor pro tem Futch stated that the Council has been pushing for these signals very strongly, and in fact, was the first item of business he initiated when he came on the Council two years ago, and explained it will be October before we can expect to have the signals installed. CM-28-222 July 1, 1974 (Re Holmes and Concannon Intersection-Signal Lights) The staff has been instructed to order the signals and have them ready for installation, hoping that will save some time. /..-- (Re Payroll and Claims) Carolyn Oddon, 5846 East Avenue, stated her interest in Item 2.7 on the Consent Calendar and asked the total amount of claims to be expended, from what source the funds will come and if these sums have been approved by the voters? Mayor pro tern Futch stated this was a detailed list of items requested and would prefer to refer her questions to the Finance Director. Mrs. Oddon when asked the reason for the question, replied that it was just a taxpayer's curiousity, but would like to know the source of the funds, and wanted to know if this information was available. When asked if there was a code number which described where each number came from, Mr. Nolan stated it would be very difficult to make a complete itemization of all the various funds on a summary statement such as is provided as some of the warrants may come from ten or fifteen different funds. Paul Tu11, 2242 Linden Street, referred also to the warrant register, stating that ten of the items add up to better than one-third of $1 million and he felt this was a substantial sum to be passed off, and he, too, would like to find out the source of these funds. Mayor pro tem Futch stated that any figure adding up to that amount has previously been considered by the Council in great detail. Paul Tul1 countered that it had not been considered in such a manner that the public could know about it, and would like to see it published. Mayor pro tem Futch suggested to Mr. Tu11 that he write a letter to the City, requesting which items he would like additional information on, as it was not possible to go through the register item by item at this meeting, and Mr. Tull suggested that none of these be approved tonight. Mr. Parness explained that the monies being referred to in the way of claims are the amounts that represent the appraised value on properties that must be obtained by the City for our grade separation project. They are transferrable to the County of Alameda as required in litigation for eminent domain proceedings. They are made a trust account of the County until the full value of the property is de- termined. CONSENT CALENDAR Resolution Congratulating First Presbyterian Church Centennial - First Location Mayor pro tem Futch explained that the building located at Fourth and K Streets was built 100 years ago for $3,000 on three lots, and this is the centennial of their location at that site. RESOLUTION NO. l02-74 RESOLUTION CONGRATULATING THE FIRST PRESBYTERIAN CHURCH OF LIVERMORE IN OBSERVANCE OF CENTENNIAL OF LOCATION AT FOURTH AND "K" STREETS. CM-28-223 July 1, 1974 Resolutions Denying Claims RESOLUTION NO. 103-74 A RESOLUTION DENYING THE CLAIM OF GERTRUDE PROFFITT RESOLUTION NO. 104-74 ~\ ( . \ / A RESOLUTION DENY.ING~.THE =:r.r.ATM OF JOSE A. AND GIZELA DESOUSA. Establishing Salary Schedule 1974-75 Fiscal Budget RESOLUTION NO. 105-74 A RESOLUTION OF THE CITY OF LIVERMORE ESTABLISHING A SALARY SCHEDULE FOR THE CLASSIFIED AND UNCLASSIFIED EMPLOYEES OF THE CITY OF LIVERMORE AND ESTABLISHING RULES FOR ITS USE, AND RESCINDING RESOLUTION NO. 11-74. This resolution is in accordance with the salary rates established. City Council review and approval are yet to be determined for the adjustment of Fire Department salaries. Resolutions re Proceedings re Railroad Assessment District RESOLUTION NO. l06-74 RESOLUTION CONFIRMING PAID AND UNPAID LIST AND REQUESTING THAT THE AUDITOR OF THE COUNTY OF ALAMEDA, STATE OF CALIF- ORNIA, SHALL MAKE EXTENSION OF INSTALLMENTS THEREOF ON THE TAX ROLLS, RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE. RESOLUTION NO. 107-74 RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE. RESOLUTION NO. lOS-74 RESOLUTION APPOINTING A PAYING AGENT FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS TO BE ISSUED IN RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. Capital Improvements - Phase II The Public Works Director explained that one of the capital improve- ment projects - K Street Beautification - has not been reviewed in its final form by the Beautification Committee as yet. No substan- tial changes are anticipated. Cm Miller stated that he would like to have the traffic island pro- posed for Maple Street deleted until he can review the design and find a better justification. ,!~ Mayor pro tern Futch suggested that this item be removed from the Consent Calendar for later discussion. CM-28-224 July 1, 1974 MINUTES - Various Minutes of the Design Review Committee for their meeting of June 26 and the minutes of the Planning Commission meeting of June 18 were noted for filing. Payroll and Claims One hundred fifty-eight claims in the amount of $549,082.21 and three hundred twelve payroll warrants in the amount of $84,585.08 dated June 28, 1974; fifteen claims in the amount of $6,370.80 and two claims in the amount of $35,924.80 dated July 1, 1974 were ordered paid as approved by the City Manager. Approval of Consent Calendar A motion was made by Cm Tirsell, seconded by Cm Turner, and approved unanimously, that the items on the Consent Calender be approved. Cm Turner referred to the salary schedule and the Fire Department salaries and asked if the City considers retroactive pay. Mr. Parness explained that the policy which only came into play last year was to observe partial retroactivity by way of a final settle- ment. The negotiator for the City has informed the representative of the Firemen's Association that retroactivity would not be observed this year, but it may be the subject of negotiation. REPORT RE FUEL STORAGE TANK Mr. Parness had reported that gasoline storage facilities for the City are now limited to one 1,000 gal. and one 4,000 gal. tank, and if another fuel shortage should occur he felt it was vital to obtain immediately a 10,000 gal. tank to replace the existing 1,000 gal one. The cost of this fixture, plus installation, will amount to about $4,000, and recommended that a motion be adopted authorizing this acquisition. Mr. Parness apologized for the fact that this was not inclusive within the budget considerations, but at that time the availability was not feasible as there was a one year waiting period. Cm Turner moved to adopt the City Manager's recommendation, seconded by Cm Miller, and the motion passed unanimously. REPORT RE EMPLOYEE BARGAINING UNIT DESIGNATION Fire Department Mr. Parness explained that an application has been received from the qualified employees of the Livermore Fire Department (excepting officer rank) for formal recognition of their bargaining unit for purposes of labor relations. This is to be Livermore Fire Fighters Local 2318 of the International Association of Fire Fighters. It is recommended that the City Council officially recognize this new unit subject to the condition that dues deduction cards be filed. Cm Tirsel1 moved to approve the recognition of the labor relations bargaining unit, subject to the conditions of individually executed dues deduction cards and designation of the fiscal agent. Motion was seconded by Cm Turner and approved unanimously. CM-28-22S July 1, 1974 LIVERMORE DISPOSAL SERVICE CORPORATION YARD For several years the Livermore Disposal Service Company has leased an unused portion of our City's corporation yard for park- ing their vehicles, some minor storage and temporary repair work. A permanent location has been acquired by the Company on South front Road but for final occupancy it will require a substantial capital expenditure. The Company has been reluctant to do so because of the uncertainty of our City's collection contract which expires December 31, 1974. ~) Mr. Parness explained that the City must obtain an additional width of property all along the Western Pacific right-of-way to accommodate the new track placement, which means about 10 feet from the corpora- tion yard. This would cause a temporary structure that is located by the Disposal Service Company to have to be relocated, and due to their twice a week service during the summer which causes an additional number of vehicles to be parked there, there would not be enough room. Therefore, they have suggested the possibility of using the property they have already acquired on South front Road and they would have to apply to the County for a temporary permit. A motion was made by Cm Miller to support the Livermore Disposal Service Company's application for temporary use permit for storage of their vehicles, seconded by Cm Turner and approved unanimously. REPORT RE LOCAL PUBLIC TRANSIT STUDY The City Manager. reported that efforts have been made by our staff, with some input from the BART staff, to update the DeLeuw Cather Co. transit study as it pertains to local systems as too many changes have occurred in population projections, capital and maintenance and operation costs, potential patronage and the effects of the design for the BART express services to be able to use this transit study. One hundred percent funding is available from the MTC, using federal monies, for the purpose of conducting a revisionary consultant study. It is expected that this work will take no longer than four months and if DeLeuw Cather Co. is retained it might be done considerable sooner. Our newly formed Transit Advisory Committee concurs with this recommendation. It is recommended that a resolution be adopted approving conduct of a transit study for local bus services and re- questing that MTC extend funding for this purpose. The Council generally concurred that the study should be updated as there have been many changes both in projected population and the fuel shortage and Cm Miller moved that a resolution be adopted approving the conduct of a transit study as recommended. Cm Tirsel1 seconded the motion and it was approved unanimously. RESOLUTION NO. 109-74 RESOLUTION APPROVING CONDUCT OF A TRANSIT STUDY FOR LOCAL BUS SERVICES AND REQUESTING THAT MTC EXTEND FUNDING FOR THIS PURPOSE. REPORT FROM BICENTENNIAL COM~. Don Bradley, interim chairman for the Bicentennial Committee, stated that he wanted to alert the Council that there is a possibility that there will be a request for funds from this committee. There have ' been some ideas discussed but they are still in the organizational CM-28-226 July 1, 1974 (Bicentennial Committee) stage and they have yet to discuss the types of programs or projects that might take place or over what period of time they might take place Until some decisions are made there can be no specific amount set at this time. - / \ Cm Miller asked what the City's relationship to the Bicentennial Committee was to be, and if it was a City sponsored committee because if so, whoever is in charge should be appointed by the City Council. Mr. Bradley stated that the Council had asked the Community Affairs Committee to review the possibility of a Bicentennial Committee, which they reviewed with the Cultural Arts Council and Heritage Guild, and the Council then asked them to convene the first meeting to get something started which has been done, and the organization is open to anyone who cares to participate - any organization or individual. They are now going through the process of electing officers and organizing themselves into work committees. Cm Miller remarked that it is his feeling the City should not auto- matically be viewed as a source of money by the Bicentennial Committee. He felt there should be fund raising associated with it. Cm Tirsell stated that on the other hand if you are looking for the most representative thing that our City can do, other than some things they have supported in the past, this might be the place they would want to place an amount. Some cities have allocated as much as $50,000. for this celebration in their budget. Mr. Bradley explained that the reason for such a large allocation is the fact that these cities are also celebrating their own centennial as well as the bicentennial. REPORT re 1973-74 CAPITAL IMPROVEMENTS - PHASE II This item had been removed from the Consent Calendar for further discussion at this time, regarding the island proposed at East Avenue and Maple Street, and the Public Works Director displayed a map of the vicinity of the intersection and another showing the specific detailed layout of the triangle. Mr. Lee explained the reason for the proposed construction of the island indicating that the main purpose would be for channelization to channel the traffic to specific loca- tions so there would be good visibility of traffic coming from both directions and also a good view of pedestrians coming from both direc- tions and the pedestrians can anticipate the direction from which the cars will be coming. Cm Miller commented that he saw no need for this triangle as he didn't recall there had been any accidents at that corner and the channeliza- tion as proposed would make it very awkward for the people wishing to continue on into Seventh Street. Mr. Lee stated that the same traffic has a much more difficult time and creates greater hazard problems by crossing at the angle it does now, however Cm Miller stated he is one who uses that intersection a lot and felt that the channelization as proposed would be more painful. ~. ( Cm Turner asked what the cost would be for the proposed island and was informed that it would be about $3,500. Cm Turner stated that he too used that intersection a great deal and agreed that it was a diffi- cult intersection, but was not sure whether the proposed island would help to resolve anything, but it would at least channel the traffic into designated places on the street which it doesn't do now. ~ CM-28-227 July 1, 1974 (Island at Maple & East Ave.) Mayor pro tem Futch asked if it might be feasible to install barricades to tryout the particular traffic pattern prior to the time the is- land is permanently installed. Mr. Lee explained there are some examples already in operation such as the one by the library which would be similar which he felt has been very successful. As far as a temporary barricadehe did not feel that would be necessary. Cm Turner questioned the purpose of a temporary barricade, and Mayor pro tempore Futch stated that once it is set in concrete you have spent the $3,500; if temporary barricades are set up, if they don't like it, it can be changed. Cm Tirse1l asked what would happen if the traffic was not allowed to turn onto Seventh Street, and Mr. Lee stated that since it is the first access from East Avenue to the south it probably would not be desirable to close that access. Cm Turner reiterated that it was a bad intersection and he felt that something should be done and thought the design presented by Mr. Lee was acceptable and would recommend that the Council follow his sug- gestion, and would make that as a motion and authorize the expenditure of the funds to improve the intersection; however the motion died for lack of a second. Cm Miller again stated he did not feel it was necessary and felt this money could be better spent resurfacing some of the streets that are in bad shape. Mayor pro tem Futch felt there does need to be a change at that inter- section and wondered if they might try something on a temporary basis until school starts and then they would have the flexibility of ad- justing it and perhaps get comments from the crossing guards, and it was suggested that perhaps sandbags could be used. Mr. Lee stated that perhaps they could use jiggle bars to form an island rather than the sandbags because you could sweep inside them and the cost for these would be $700 or $800, however the Council concurred that this would be too expensive and would prefer the sandbags on a temporary basis. Cm Turner moved that the Council direct the City Engineer on a temporary basis to form an island out of sandbags at a cost not to exceed $150, and direct the crossing guards to observe and report to the Chief of Police, who in turn will convey that information to the City Engineer, and at the end of October a report would be brought back to the Council. The motion was seconded by Cm Tirse11 Paul Tu11 remarked that the island at the library had been mentioned which he felt was truly a fiasco, and he also recommended that they do not repeat the same thing as at the end of Enos Street because it is even worse. Don Brown, 813 Mayview Way, asked if a report had been made concern- ing bad accidents at that intersection, and Mr. Lee stated there had been a report made, and although it is not an extreme hazard situation it has a high potential as there is considerable exposure to many pedestrians crossing there. A vote was taken on the motion at this time and it passed unanimously. Mr. Parness asked ~ this action meant that the balance of the projects were authorized fo~Jbidding, and Mayor pro tempore Futch, asked that the motion include the fact that the other three items are authorized for bidding, and the Council concurred. CM-28-228 July 1, 1974 MATTERS INITIATED BY THE STAFF (Letter from D.A. re Rocco) The City Attorney advised the Council that he had a letter from the District Attorney relative to Donald Rocco, and Mayor pro tern Futch stated he would like to discuss this matter in an executive session. (Re Dance Ordinance) The City Attorney stated that he had a copy of a complete revision of an old dance ordinance which the Police Chief felt should be updated and it incorporates his ideas in it, and at the time it is formally introduced, he would like to appear before the Council to give his reasons for the ordinance being cast in this particular form. RECESS AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT AS AT THE BEGINNING OF THE MEETING. (Letter re Removal of Dirt - Tract 3321)) ~ ( The City Attorney stated that with regard to the removal of some 2,000 cubic yards of dirt, more or less, from the park site in Tract 3321, he had set forth the facts as ascertained by him after discussion with the representative of the developer, the City Manager and Direc- tor of Public Works. He had also set forth the present situation whereby the developer, through his representative, stated if his actions were in violation of the City's rights, they were due to the misunderstanding of city processes, in that it has been the practice in the past to make use of city property and stockpile dirt during the course of the grading of a tract, and he further stated he was aware of his obligation to obey the city ordinances and not to tres- pass on city property. He proposes to show his good faith and recog- nition of his obligations by making the following proposal to the City: 1) he would restore the property to its original grade, which Mr. Engel suggested would not be beneficial to the City since the property is now at a grade acceptable to the Park District and to the City; 2) would regrade the site to any contour the Park District might re- quest (it is now graded to the Park District's request); or 3) he would pay for the estimated 2,000 cu. yds. of dirt which he has re- moved. Mr. Engel further stated he did not view the matter as one amenable to the criminal process, and suggested that the City accept one of the three proposals which has been made - the one that would be most beneficial to the City. Mr. Engel again pointed out that the practice of using park sites that have been dedicated for purposes of storage of dirt as a practical necessity and convenience and has not been detrimental to the City, further permission has been given to do so at the level of the inspectors in the field. In interviewing Mr. Stan Phillips, superintendent in the Mehran organization of this par- ticular tract, he was aware of this practice in the past and felt that he was only following this practice. Two of the City's inspectors and four representatives from the Park District went out to the site and agreed on the grading, and it was graded according to their instructions. With this background, Mr. Engel felt, in his view of the matter, he this did not lend itself to a criminal prosecution. Cm Miller stated there are two reasons here - one the stockpiling of the dirt; the other taking of the dirt. As far as the stockpiling, if that is the City's practice, that is okay providing permission CM-28-229 July 1, 1974 (Removal of Dirt - Tr. 3321) has been requested in advance, but we should probably charge for the storage and this should be done in the future. The thing that bothers him is the taking of our ground for private purposes with the excuse that it will be a better contour, without asking permission, and he felt this deserved something more than requesting paYment for the dirt that was taken, and he would agree that we should ask for the $300 value of the dirt taken, but in fact that dirt was taken from the City without our permission by trespassing on our property for the private purposes of the developer and apparently this was done without Mr. Mehran's knowledge, and Mr. Phillips is at fault and then we should take Mr. Phillips to the District Attorney. Cm Turner asked if the City was aware of the fact that the dirt had been taken, and Mr. Engel stated that the City became aware of the matter when it was in progress - not in advance, and onc~ they became aware of it, a meeting was called to discuss the matter and they arrived at the solution of the problem. Cm Turner stated he was not convinced that it was not done on purpose as charged by Cm Miller. Cm Miller offered his understanding of the story. Mr. Phillips and his crew entered City property and began removing the dirt for his purposes and someone from LARPD recognized the dirt was being taken and called it to the attention of the City staff, whereupon the meeting was held. Cm Turner stated that in reading the memo from the City Attorney and listening to Mr. Lee it seems that this has been a general practice of storing and removing dirt from park sites in the past, during the construction of tracts. Cm Miller asked about the taking of dirt and if that was a common practice, and Mr. Lee stated no, it was not, only in special situa- tions, but in the case of storing dirt during the course of construc- tion of the tract a lot of dirt is moved, and the top soil is stripped and stockpiled and in this instance it was stockpiled on the park site which was perfectly logical. In this instance Mr. Phillips felt he could improve on the park site and when the City became aware of it there was a meeting between them and the members of the park dis- trict and the solution as presented was arrived at. em Tirsell stated thi~~:~~i~~'h~~ happened in the past and maybe this i aft 11'P111.11Jl1l1 r;Y~11M.'J7.PL-.J..~11+- .ft. ~-'t ~.'r"l~r~Y. ~~~~ hAd lAth~l fr~~ r~iqn e~~r eur IftftS, whiCh 8h~ had ~obj~c~io~ ~ but what bothered her is that a deve1oper'would think he was improving our land or would think he could take the dirt without our knowing it. She felt that the City would want them to pay for the dirt, but it does not clear up the problem that a developer has the feeling that at their leisure they can go on the land. Cm Tirsell asked if there were any restrictions regarding the grading that were put on site plan approval as it seems we have not made clear what is expected. Mr. Lee explained that we do require a grading plan from the developer as it is the end result the City is concerned with. In this parti- cular case the park site was City property and there was no discussion about how the park site was to be graded in the plan. Cm Tirsell stated she did not think there should be either criminal or civil processing of this case as the DA would probably not even look at it since the City Attorney has explained that he reviewed the case. Au.l ; I ~I; 11 be~h.~rf!d her ~ha~ r~8tit\:lidaB af $JQQ Eleee Bet, cl~:lr l1p ~Rr. 'MA~+-:Pt'" ,,~ '''''y 1lIl"'- "'J'tl"" t^ ....._-.- -M ~; Y.J I:ynrA1 ty ""4 t..k. ~i4l Al tll..ix lei.'lxe, "{she did object that a developer would ~\come onto City property and remove dirt CM-28-230 July 1, 1974 (Removal of Dirt - Tr 3321) <de saea a tRiR~ and felt there should be a more stringent form of agreement. Cm Miller agreed with Cm Tirsell that there is a basic problem here that developers can take from our property as if it were theirs. What bothers him about this and the consistent violation of our ordinances by developers and other people in the community, is that they can do it with impunity as the DA does not like to handle these cases, so for all practical purposes our ordinances are as if they were written on a piece of paper - they have no effect in law. He felt that this was such a flagrant violation that if the DA does no~ choose to prosecute, he would be the one who looks bad. This matter should have come to the attention of the Council as soon as it took place, and he felt that we should take the $300 and also take the case to the District Attorney. ~~ . . ~ Mayor pro tern Futch stated he ~hared t~~~lt t~at what the Council should do is adopt a policy that would prevent this type of thing from happening in the future. It is not clear, inasmuch as the staff has allowed an undefined policy to continue because there has been some benefit to the City in addition to some benefit to the developer, where the boundarytis. Mayor pro tern Futch suggested that the Public Works Director might formulate a policy and report back to the Council. In this case because of the previously undecided policy and because of the action taken by the staff and Park District, it would be very unlikely the City could win this case, as there is really a question as to whether this was done maliciously or not. Statements were made to indicate that our ordinances were being cir- cumvented and also that ordinances have been adopted after the fact, however Mr. Engel stated he did not feel ordinances are being ignored in that sense and there are several ways in which you can approach an ordinance of a municipality: one is certainly by a straight crim- inal prosecution and the second is by a citation hearing as has been done, and that is not letting a person off scot-free but rather making use of the process of law to teach the person a lesson. A citation hearing itself is a vindication of the ordinance - someone has been called to task and has been made to satisfy the demands of the law in this particular manner. Another way to prosecute the ordinance is in a civil action by imposing some dollar penalty for breach of the ordinance. Then there is a certain dynamic that takes place out in the field where the inspectors after awhile have a pattern of what they feel is right and wrong and that requires the Council to make known to the staff what the policy is and it should be told to the person in the field so there will be fewer repetitions of this sort of thing. Cm Miller wanted it to be made clear that stockpiling is something that the City practices and he felt it should be tightened up, but the issue is the taking of the dirt. The fact that people were not prosecuted for violation of certain other ordinances does not mean that they shouldn't have been, or that there wasn't an attempt to do so. He felt what was being proposed is a different situation as, hopefully, by having a criminal prosecution, it would serve as a warning to those so they would not continue to violate in the hope of getting away with it. Mayor pro tern Futch remarked that not all people in the examples given got off without compensation as significant compensation was required in most instances. Mayor pro tern Futch called for a motion at this time. CM-28-231 July 1, 1974 (Removal of Dirt - Tr. 3321) Cm Turner moved that the Council assess the developer the cost of the 2,000 cu. yds. of dirt originally removed in the amount of $300; motion was seconded by Mayor pro tern Futch, and passed unanimously. Paul Tu11 remarked that mention had been made of other instances in which ordinances had been violated, but one was not mentioned and that was the 15 additional feet of City property on porto1a Avenue in excess of what should have been used and was done by the same developer. He would ask to have the City Attorney prosecute. em Miller moved to direct the staff to bring all cases of taking of City property of any kind to the Council for any meetings or arrange- ments to be made: motion was seconded by Cm Turner, and with the clarification that this meant any property of significant value, the motion passed unanimously. Cm Miller stated he realized what the City Attorney had suggested, but felt that morally he had to make the motion that Mr. Phillips be taken to the District Attorney for prosecution of taking of City property; motion was seconded by Cm Tirse11 who asked the City Attorney to explain the process for such an action, which he did. em Turner stated that Cm Miller is suggesting that Mr. Phillips is responsible for any criminal action that may have taken place by Sunset employees, and Mr. Phillips is only taking responsibility be- cause he is the supervisor, and he could not vote for such a motion. Mayor pro tern Futch commented he could not vote for the motion be- cause of the previously unclear and undefined policy that the City had of allowing storage and shifting of dirt from one site to another; also because of the fact that the staff and members of the Park Dis- trict met with the superintendent of the developer and reached an agreement and he felt this would undercut any position the City might have with the court, and he called for the question. A roll called vote was taken on the motion and failed 3-1 with Cm Futch, Tirsel1 and Turner dissenting. Cm Tirsell moved that the Council direct a letter to be sent to Mr. Mehran telling him the Council had considered very seriously refer- ring this matter to the courts but did not because the staff had met and an agreement was worked out. Also the City Attorney has made an assessment and the majority vote has supported that assessment. In the past similar incidents have come before the Council and while they may be oversights on the part of his crew, nevertheless he is the president of his company and responsible for them. In the future the Council will review any removal of earth and similar circumstances, and the City Attorney will assess each one, and the Council would hope that such an attitude will not prevail and such an action would not happen again. Motion was seconded by Cm Miller. Cm Turner commented that Cm Tirsell's motion was very well worded, however he would not vote for it inasmuch as he felt the point had been well made with theA~and that shoulq be sufficient notice. '1 f*-~r~cI.id:~kIf-' Mayor pro tern Futch called for the question and the motion passed 3-1 with Cm Turner dissenting. em Miller suggested that in view of the problems the City has had with the District Attorney about prosecution of zoning cases, that the City Attorney be directed to report to the Council the mechanism of the City handling its own prosecution on zoning cases so we would not be dependent on the District Attorney. Cm Turner seconded this motion which passed unanimously. /~ ( : CM-28-232 July 1, 1974 MATTERS INITIATED BY THE COUNCIL (Garbage Receptacles and Benches - springtown Area) Cm Turner stated it had come to his attention that one of the residents of the springtown area gathers up bags and cleans up and thought it might be a nice place to have some benches, and he promised to bring this to the City Engineer's attention. (Bicycle Rack-City Hall) Cm Turner asked if it would be possible to have a bicycle rack around the City Hall as he has ridden his bicycle down and there is no place to put it. Mr. Lee stated there are plans for installation of bicycles at the southeast corner of First Street and Livermore Avenue, and also some bike racks (a hitching post affair) in various locations around the downtown area. (Lowering of Speed Limit on East Avenue) Cm Turner again brought up the excessive speed limit on East Avenue and recalled an accident where a motorist jumped the berm and hit the telephone pole, and pointed out that if children were going to school it could have been disasterous, and again asked that the speed limit be lowered to 25 mph. The staff was instructed to direct a letter to the County once again asking that the speed limit be lowered. (Loud Mufflers) Cm Miller stated that people have mentioned that loud mufflers were much more of a nuisance than the ice cream trucks and felt that the Police Department should be more aggressive concerning these. (Illegal Sign) em Miller stated that Mr. Gillice has a sign that appears to be in the public right-of-way at 4th and Murrieta Blvd. There is also a sign further down on Holmes Street advertising liThe Towers", and this sign is not permitted because he does not have a subdivision map. He felt that this should be brought to the attention of the DA. The Council concurred that the sign advertising the Towers should be investigated by the Planning Department and City Attorney. (4th of July Parade) Cm. Tirsell suggested that the Council be represented at the 4th of July Parade, however she would be out of town. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 p.m. to~.. ecutive S~SSi to discuss pending legal matters. APPROVE ~ _~ ;!~1 ~. .ayor ATTEST ~~ ~ ~ er ivermore, California CM-28-233 Regular Meeting of July 15, 1974 A regular meeting of the City Council was held on July 15, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. ROLL CALL Present: em 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. DONATION Mayor Pritchard commented that the check which was just presented to him was in the amount of $373.88 from the members of the Chamber of Commerce to help defray part of the cost of the fireworks display this year which is hoped to be an annual event in Livermore. He then presented the check to the City Director of Finance. The Counci1members thanked the Chamber of Commerce and the Community Affairs Committee for their efforts. MINUTES On motion of Cm Turner, seconded by Cm Miller and by 4-1 vote (Mayor Pritchard abstaining) the minutes for the meeting of July 1, 1974, were approved as corrected. OPEN FORUM (re EIR Reports) Paul Tu11, 2243 Linden Street, stated that a copy of the Gelderville EIR Report from the County Planning Department is available in the City Library but a copy of the EIR for the railroad track relocation project for Livermore is not available to the public at the library and wondered why there is not a copy available. Mayor Pritchard replied that there are three copies of the EIR located in City Hall and that anyone of them is available for review by the public. Mr. Tull then stated that he feels the closure of "P" Street and "L" Street prior to the time of construction work is unnecessary and that Hensel-Phelps has indicated they will not start work until all the land has been obtained which Mr. Tu1l stated will be a long time. Mr. Tu11 suggested that if shallow cuts were made for passage of trains, the citizens would not be bothered by the noise they make as they pass through Livermore. Cm Turner asked Mr. Lee if it would be possible to move the barricades ~ at "P" Street closer to the railroad tracks to allow access to McDonalds( I as well as ingress and egress from the shopping center, and Mr. Lee replied that it would be physial1y possible but probably not advisable from a traffic standpoint which he explained. CM-28-234 July 15, 1974 (Track Relocation) ~~ Mr. Lee then responded to Mr. Tu11's question regarding opening up the streets until there is construction and Mr. Lee stated that the crossing would not be acceptable and would involve a lot of work for a short period of time adding that he feels the reason the work has stopped is due to strikes which may be affecting construction. Western Pacific Railroad Company has required the City to close down the crossings and place barricades at the crossings because drilling which has been done in the area of the control wires for the gates may have damaged the control wires which are not anticipated to ever be used again. In general, it would be unwise to open the streets again. (Invitation from American Taxpayers Union) Mr. Tull presented the Council with invitations from the American Taxpayers Union and Mayor Pritchard stated that the Council will read the invitations and did not wish to take Council meeting time to read the invitations to the public noting that the newspapers have the option to print the wording of the invitations. (Traffic Accidents on East Avenue) Pat O'Keefe, 1013 Florence Road, stated that he has seen several accidents in the area of East Avenue at Charlotte Way and it is really a hazard to try to turn left onto Charlotte Way or onto a street in the Valley East tract and wondered what the plans might be for future action concerning the area. Mr. Lee explained that the streets in this area are in the County and that the City has a cooperative agreement with the Alameda County people to design a roadway on East Avenue to extend from the City limits all the way to Greenvil1e Road. It is scheduled to be completed by December and along with the road widening the traffic signals will be designed for Vasco Road and there should be room for provision of a median for turning at Charlotte Way. P. H. RE 1974-75 BUDGET The City Manager gave an oral report regarding the analysis of the 1974-75 fiscal year budget. The total budget inclusive of the City Council changes, stands at $12,751,645 and the operating budget at $5,861,293. He explained that the City is severely limited, by virtue of state statutes, on the amount of money that can be raised by a tax increase but it might suffice to say that the City government is entitled to raise taxes by the equivalent percentage of the differ- ence between an increase (percentage wise) of the consumers price index and population, over what the percentage increase and assessed valua- tion was for the preceding year. A 7.5 increase was anticipated for next year in assessed value whereas the aggregate percentage of popula- tion and consumers price index was about 11.5; however, the assessed valuation increases for the City as announced by the County Assessor may be higher than anticipated and will effect a City tax rate change. ~, ~--_..-'/ Mayor Pritchard commented that it appears that the City is always putting the cart before the horse and wondered if there could be an explanation of why the budget must be adopted and then wait for the tax rate to be set rather than coordinating the two. Mr. Parness stated that, theoretically, the way the law anticipated this was that the amount of mon4y necessary to be raised by taxation should be set first and the tax rate was to be set later to accommodate this need; however, this has not always been the case. CM-28-235 July l5, 1974 (re 1974-75 Budget) em Miller commented that he thought a law was passed to require the assessor to give the City final results in May and Mr. Parness explained that he is required only to give an estimate and the estimate was used in the budget preparation. Mayor Pritchard opened the public hearing. Gerard DeBruin, Chairman of the Sister City Committee stated that he has received a letter from Mr. Parness which indicates that funds for the Sister City delegation will not be forthcoming. He then explained the purpose of the Sister City Committee in addit- ion to the services which it provides, including the Student Exchange Program. He pointed out that 50 students have come to Livermore through this program at a cost of $800-$1,000 per year per student, and that the Committee collects approximately $300 a year which is raised in dues and fund raising events. The City support has been a blessing they could not have done without. The delegation from Queza1tenango this year was an official City to City delegation and the Sister City Committee accepted a major part of the expense by providing homes, transportation and entertainment for the delegates. He stated that he has pointed this out only to emphasize the important role they play in officially representing the City in Livermore and abroad. em Futch responded by saying that during the past year the City has been faced with increasing numbers of requests from organizations for financial support. A large fraction of these organizations had no connection at all with the City, such as the Soccer Team, Little League, bands and choirs. It was felt necessary to draw ailine between organizations which the City might be expected to fund and the other organizations which have no official connection with the City. It was tentatively agreed that the organizations with no official relationship to the City would have to be eliminated. He stated that, personally, he feels the Sister City should be recognized as an official committee of the City of Livermore and that it should continue with the modest funding allowed in the past, inasmuch as it was initiated by the CitYJ the City still pays the dues and in view of the relationship that exists between the City government and the Sister City Committee, and so moved. The motion was seconded by Cm Turner. em Turner commented that it was his understanding this was one of the organizations that were to continue receiving City support and does not recall eliminating the Sister City. em Miller stated that it was his understanding the dues would be paid and the City would pay its share of costs involved when delegates come here from Quezaltenango and that the only cost which will no longer be paid by the City would be the cost of sending a delegate to Quezalte- nango. em Futch stated that this point was brought up during the budget session and he failed to comment at that time; however, he was not aware of the difficulty they have in raising funds for activities they sponsor. He pointed out that the City pays for the Chairman of the Sister City Com- mittee, as a delegate, and this is not exactly the same as sending a private citizen to Quezaltenango. Mayor Pritchard stated that he would like to speak in favor of the motion, as he was under the same impression at the budget session during which he understood that since the Sister City Committee is ~ an official City committee the City would continue funding those things felt to be official functions. em Miller stated that the staff indicated the Sister City Committee is not an official City Committee and if it is the appointments to the committee should be made by the City Council and this is definate1y not the case. He pointed out that the Sister City performs a very useful service but he is very uneasy about using money collected by taxation to provide a visit to Queza1tenango. CM-28-236 July 15, 1974 (re 1974-75 Budget) Cm Turner felt the Council should decide whether or not they want to support the Sister City Committee and all its functions, including the trip,or not, adding that this is a part of its functions. em Tirsell commented that in the case of people who do volunteer work, there are a lot of "out of pocket" expenses and would estimate that these expenses far exceed the cost of an air fare to Quezaltenan- go. She added that she can understand the concern of em Miller and has a few mixed emotions concerning this item; however, having been in a volunteer position for the City, she can appreciate the expense for people who serve on a committee and who house foreign students and entertain delegates and that this is a significant difference with this committee compared to other committees. Other committees are not required to entertain, host families and provide a lot of trans- portation. To honor their chairman is one way of showing support of the City and recognition of their time and efforts. The motion passed 4-1 (Cm Miller dissenting). Mr. Tu11 commented that the Alameda County Code stipulates that not more than $5,000 can be spent on a project without the consent of the public and that much more than this is being spent for the railroad project. Mr. Tull stated it is his understanding the County is giving $1,000 to the Livermore Cultural Arts Council and wondered what the County has to do with our local arts committee and Cm Miller explained that the Cultural Arts Council made a request to the County which has nothing to do with the City budget. The City budget allows for $300 to go towards two purchase awards of $150 apiece ~~e pro- perty of the City. . , .iQ"v~ It was suggested that Mr. Tull contact the County Board of Supervisors regarding the expenditure of $1,000 from County money. Milo Nordyke, 2143 Chateau Place, spoke to the Councilmembers regard- ing the suggestion by the Industrial Advisory Committee for the City to hire an Assistant to the City Manager for Community Development for the purpose of undertaking and being responsible for industrial develop- ment, with the understanding that it would not really be a full-time position. Their concern is trying to develop a positive approach to getting development within the City in the direction the City wants to move, not only in industrial areas, but commercial, housing and public enterprises. They feel that this position would overlap some of the positions which exist and perhaps a reorganization, as sug- gested by the City Manager, might have some merit, and urged that this item seriously be considered. Mayor Pritchard commented that there are so many unknowns related to the budget that the Council is not prepared at this time to add this item to it: however, if he reads the Council correctly this is an item em Tirsel1 brought up and which the Council will actively pursue. (' " em Futch stated that he would like to publicly state something pre- viously said in a telephone conversation which is that he feels it is not appropriate for Mr. Nordyke to write a guest editorial or a guest opinion, as the Chairman of a City committee. If he wishes to address the Council on any matter this is perfectly alright as the Council has the opportunity at that time to respond. Cm Futch continued to say that in his opinion the comments made in the article did not recognize the efforts made by the Council in trying to solve some of the problems related to industrial growth, particularly the undergrounding of utilities and noted various meetings that have taken place in an attempt to solve various problems. CM-28-237 July 15, 1974 (P.H. re Budget) Mr. Nordyke responded by saying that in writing the article he tried to be as objective as possible in trying to inform people of the issues and the recommendation of the Industrial Advisory Committee. He stated that it was not his intention to render any judgment as to what the City had or had not done and with respect to the interpretation of the statement related to new development, unfortunately, most of the City Council actions are limited to say- ing yes or no which is a true statement. em Miller felt the point which is being overlooked is that a repre- sentative of a City committee is writing guest editorials for one of the local newspapers. Mr. Nordyke replied that he did not write an editorial - it was a guest opinion which adhered to the facts and expressed no opinion about the action of the City and was a statement of the issues in- volved. Mayor Pritchard commented that the remarks are getting away from the agenda item which is related to the budget and asked that further discussion on this matter be postponed and that the discussion re- turn to the matter of the budget. em Tirsel1 stated that the City is already nearing a 50% commuter population and if industrial development is not brought to Liver- more it will mean that there will be more commuting in the future. The children of Livermore cannot work here if we have a commuter town and we also do not want the problems that come with living in a commuter town. While there is no guarantee that the position suggested will bring a great deal of industry to Livermore, we have a very unbalanced community and we must do something. She added that she feels the argument that industry will make taxes lower should not be used because it would take a vast amount of industry to make a difference on our taxes. She urged that some- thing be done before Livermore consists of a group of disinterested citizens and that even though the recommendation means a large expense she would urge that the Council seriously consider it. em Miller stated that he would agree with some of the comments made by em Tirse11 in that he feels all of the Council feels some- thing must be done and are willing to try something. It is obvi- ous that the money will have to come from the surplus but he feels everyone is willing to consider the proposal. He would declare his intent to seriously consider the proposal and would suggest that it be set for discussion on a specific date. He added that he, for one, appreciates em Tirsell's efforts in keeping this alive contrary to a somewhat unfounded editorial in one of our local newspapers. Gene Morgan, 4276 Emory Way, President of the Livermore Chamber of Commerce, stated that they choose to support em Tirse11's position and would urge that the matter be pursued and would hope that it is successful, and noted that they have presented their position to the Council and would be happy to answer questions about it. em Tirse11 stated that she would like to have other positions to look at or information such as the position of San Leandro aad how these things work for informational purposes. She then moved to place the matter of the staff input and information from other cities regarding this position, on the July 29th agenda, seconded by Cm Turner. em Turner stated that he agrees with the comments made by em Tir- sell and would like to suggest consideration of the impact of the Council hiring the industrial position vs the staff member position within the City. CM-28-238 July 15, 1974 (P.H. re Budget) em Miller stated that he would like to commend Cm Tirsel1 for her persevering interest in industrial development as well as the Chamber of Commerce and Industrial Advisory Committee who have all been active in different ways in trying to smooth the path for industrial and commercial development within the City of Livermore. At this time the motion passed by unanimous vote. Pat O'Keefe, l013 Florence Road, State Director of the Livermore Jaycees stated that they also received a letter from the City indi- cating that funds would be reduced and he has been asked to approach the Council to ask their intentions might be concerning the rodeo parade. Cm Miller stated that he would like to respond to this inquiry as he was the one who brought up the suggestion to cut funds in this area and explained that he has had reservations about the use of taxpayer money for the purpose of a parade and has always felt these funds should be raised by the Rodeo Association as they make a sub- stantial return from the rodeo. He stated that he feels the type of parade the City should support would be the parade held on the 4th of July which was done by the citizens of Livermore for themselves. The rodeo, on the other hand, has outside entries and very commercial- ized and professionalized and for this reason felt it should not be supported by the City. Since the Rodeo Association makes a profit on the rodeo, they should be willing to support the parade associated with it. Mr. O'Keefe stated that he feels the rodeo parade is one of the few events held in Livermore that bring people into the downtown area and reaquaint them with downtown Livermore and that the City Council should be willing to support the event, to some extent. em Miller stated that he wholeheartedly agrees that the rodeo parade is a very worthwhile event but is concerned about the City spending money, when there is a source of money, on an event which makes a profit for an organization, in this case it is the Rodeo Association, and the parade is an advertisement synonymous with the rodeo which brings the profit. Mr. O'Keefe replied that this is true but the rodeo would be successful and make a profit with or without the parade and if the parade is dis- continued it will mean that people will go straight through town to the rodeo and straight out again. The parade gives people the oppor- tunity to stop in the town and look at it which he feels is of value. Cm Miller stated that he would like to explain that the opinion ex- pressed by him is his own opinion and not that of his colleagues, necessarily. Cm Tirse11 stated that while she is a fan of the rodeo parade we now have a fledgling parade - the 4th of July parade, which will be grow- ing each year up until the Bicentennial and feels that this parade would be a good parade to foster over a long term period because it is a Livermore parade. If it is a choice between the two parades she would have to choose the 4th of July parade and ask the Rodeo Associa- tion to sponsor the rodeo parade. c em Futch stated that he would agree with the comments made by Cm Tirsell and inasmuch as the line must be drawn somewhere feels that the organizations the City is not associated with should not receive funds from the City. Mayor Pritchard stated that it appears the decision is whether or not the rodeo parade is worthy of the official sanction of the City. CM-28-239 July l5, 1974 (P.H. re Budget) em Turner stated that he really does not remember agreeing that the Jaycees would not receive funds to support the rodeo parade and would suggest that they be given the funds for one more year. Mr. O'Keefe stated that it has been his understanding that the Rodeo Association put on the rodeo but that the parade was a Livermore rodeo parade held in conjunction with the rodeo - not a part of the rodeo, and used the opportunity to have a good parade. Mayor Pritchard stated that in his opinion there is nothing wrong with two parades, but of all the things the City of Livermore is known for, the annual rodeo and the parade are the most famous, along with LLL and the wineries. He feels this is part of the culture of Livermore and if this item were to be put on the ballot for a vote by the people he feels they would vote overwhelmingly in favor of the City's continued financial support. Nearly everyone enjoys the parade and it is not supported solely by the City of Livermore - we match the funds provided by the Rodeo Association. This is a worthy and nominal cost for the City to provide for something that is enjoyed by the greatest number of people in Livermore. He would urge that the City continue to match the funds as has been the practice in the past, and so moved, seconded by Cm Turner. em Futch stated that he would prefer to have the opportunity to think about this item and not vote on it tonight. em Tirsell stated that the Council has been working on a clear cut policy of supporting only those organizations associated with the City and if the Council wishes to support the parade there had better be a revision of the policy or adopt it as an official City function. Cm Miller stated that the rodeo brings a profit to the Rodeo Associa- tion and there is no reason the rodeo must come to a halt if the City does not participate, financially. Cm Turner withdrew the second to the motion which then failed for lack of a second. em Futch moved to continue this item for consideration until July 29th, seconded by Cm Turner. Cm Tirse11 moved to amend the motion to contact the Rodeo Association to inform them of the discussion to take place on the 29th and that the Council would appreciate their sending a representative to the meeting, if possible, seconded by Mayor Pritchard. Cm Futch agreed to include the amendment in the motion, also agreed to by the second which then passed unanimously. Paul Tul1 asked why the merchants who benefit from people coming to see the parade can't take care of the cost of the parade and Mayor Pritchard stated that in his opinion the entire City of Livermore benefits from the parade. Discussion followed regarding funds to the Chamber of Commerce for holiday decorations and Cm Tirsell stated that as she recalls the Council agreed to continue support this year and to cut this ex- pense in subsequent years which em Miller ~greed was the decision and em Turner stated that this was not the decision but rather funds would be continued for this purpose this year and a discussion held over whether or not there would be continuation. em Miller moved that the Christmas decorations be funded this year but that the Chamber of Commerce be notified that in sub- sequent years the allocation will not be forthcoming and the money from the business license fee will be refunded at the end of the fiscal year on a prorated basis to all the business license payees, seconded by Cm Tirse1l. CM-28-240 July 15, 1974 (P.H. re Budget) Cm Tirsel1 stated that when she made the motion at the budget session she was assuming that the City would no longer give funds to any organization not officially sanctioned by the City and the basis of her motion as well as the reason for her vote on all these items. If the Council intends to change this policy she will vote against the motion since she has no objection to holiday decorations. She is vot- ing in support of a philosophy and policy she understood was estab- lished. She stated that while on the subject of holiday decorations she would like to point out that very soon the City will not be able to afford the energy costs of decorations. Last year there were no lights on the decorations and while people felt it was less festive there should be some realization that this will probably be the future trend - we will not be able to afford the energy costs for lighting our homes outside and downtown during the holidays and she would suggest that there be unlighted decorations or individually sponsored decorations in front of each store. em Turner stated that he understands the decorations are provided by a tax override and not really supported by the City of Livermore but really paid for by the merchants through the business license tax and perhaps the p~i10sc;>ph~ ~ 1. It.itfh. ~~g-l;'r,c --Dcln~. ~aac wou~d not really apply 1n th1s 1nstance. 1- / ./ ~.a..-ta./~ _ ..:!~ Mr: . L.'- (/ . . .. . em Miller explained that the business license tax is merely a method by which taxes are derived and once they have been collected this revenue goes into the general fund and is among all the other sources of taxes and is still taxpayer money. He raised the point that in addition to the things mentioned by Cm Tirsell, tax money is being used for religious celebration which is contrary both to the State Constitution and Federal Constitution and feels the suggestion that each store provide decorations, at their option and discretion, is perfectly reasonable. Mayor Pritchard stated that there have been times when the City has entered into a contractura1 relationship with private organizations and private individuals and would like the City Attorney to render an opinion as to the legality of doing this and if there is some process other than the tax gathering process that could be institu- ted. If this is tax money that we are gathering and it is illegal to use for religious celebration purposes, is there another method by which such arrangements can be made legally? em Futch stated that he has always wanted the holiday decorations and something the majority of citizens enjoy and appreciate and are part of childhood memories and that he would like to support continuation. Gene Morgan explained that when the business license was increased 10% it was with the understanding that this was for the provision of holiday decorations and if they are to be eliminated it would seem reasonable that the business license tax should be 10% less in succeeding years and wondered if this is what the motion said. em Miller explained that the motion did not say 10% because this amount would be more than what the decorations cost but rather the merchants would receive money back for the cost of the decora- tions. (' ,~- Mr. Morgan then commented that the design of the decorations for this next year are such that lights will not be used and appreciates the fact the Council is willing to support the decorations for one more year as well as returning this cost to the merchants in subse- quent years. CM-28-241 July 15, 1974 (P.H. re Budget) em Futch stated that he would like to amend the motion to say that the Council will consider decorations in future years rather than to cut off any further consideration. Mayor Pritchard explained that the suggested amendment would reverse the intent of the motion and could not be allowed as an amendment. Mr. Morgan asked that the Council take into consideration the fact urged that arbitration be left for future consideration. em Miller at this time restated his motion that holiday decoration expenditure be retained this year, but it is Council policy that it will not be given in future years and that $7,750, which is the approximate cost of the Christmas decorations, be rebated pro rata to each business licensee beginning June 30, 1976. He explained that in 1975 it will be used, but in 1976 it will not, so that the rebate comes at the end of the fiscal year 1976. Cm Futch asked if this could be broken up into two motions as he would want to vote for the Christmas decorations this year. and Mayor Pritchard stated this might be best as he intended to vote against the Christmas decorations this year. However, Cm Miller stated his reason for making the motion in this form is that it is a compromise motion, and em Tirsell would recognize this. Cm Miller agreed to split the motion if the second would agree, then decided to have the second make the motion for the Christmas decorations. Cm Tirse11 moved to continue funding for the Christmas decorations this year, seconded by em Futch. Motion passed 3-2 with em Miller and Mayor Pritchard dissenting. Cm Miller moved that funding for Christmas decorations not be allowed in future years and that $7750 be rebated pro rata to each business licensee at the end of the fiscal year beginning in 1976. Seconded by em Tirse11. Mr. Engel advised the Council that regardless of the ultimate legality of what is intended by the motion, he suggested that they can not pro- rate a rebate on a proration basis and that the motion should be amended. Cm Miller asked if it would be proper to give each licensee a credit toward next years license fee, and Mr. Engel stated this could not be done either, and the only thing that could be done is to make a contribution to the organization that funded the project. Cm. Miller reworded his motion that the amount of $7750 be returned to the licensee in pro rata share in whatever appropriate legal matter is possible, indicating that an appropriate manner could be to revise the business license fee to lower the rate to make this possible. The second agreed to the motion, which passed 3-2 with em Turner and Futch dissenting. Mr. Tull remarked that the Council was still considering paying for decorations for a religious holiday out of the City budget, and brought up the fact that the City also paid for the Easter holiday out of the City budget, and Mayor Pritchard stated that the the Good Friday holiday is under consideration by the courts and Mr. Engel added that we are still awaiting a court decision. In any case, our City does not close its offices for services on this day. RECESS AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS OF THE COUNCIL PRESENT. CM-28-242 July 15, 1974 (P.H. re Budget) On motion of Cm Turner, seconded by Cm Miller, and by unanimous approval, the public hearing was closed. em Miller moved to approve the budget as amended and as shown on the amendments presented to the Council by the City Manager, which reflects the Council's decisions and any additions made at this meeting; motion was seconded by em Futch, and passed unanimously, and the fOllowing resolution was adopted. RESOLUTION NO. 111-74 RESOLUTION APPROVING 1974-75 FISCAL YEAR BUDGET CONSENT CALENDAR Communications (Regional Water Quality Control Board re LAVWMA) A summary report and resolution concerning LAVWMA was received from the California Regional Water Quality Control Board. eRe Support of Transbay Bus Service - Hayward) A resolution was received from Hayward which supports the proposed transbay bus service between Hayward and West Bay, being a part of an application by ServiCar of Northern California to the PUC. (Dept of Transportation re City's Position on I-580) A communication was received from the Department of Transportation regarding the City's position on Interstate Rte 580. em Miller asked that this be removed from the Consent Calendar for later discussion if there is time. (Richard Irby, Jr. re Beautification Comm.) A letter was received from Richard Irby, Jr. requesting that he not be considered for reappointment to the Beautification Committee. em Miller suggested that Mr. Irby be sent a letter of commendation for his services on this committee. (Re Industrial Lands to be Rezoned -Chamber of Commerc c A communication was received from the Chamber of Commerce requesting that they be given the opportunity to review each industrial parcel that is to be studied or rezoned to meet the new industrial ordinance in order that they may make a recommendation. CM-28-243 ------~ -.------~- I July 15, 1974 (Payroll and Claims) There were fifty-six claims in the amount of $113,105.42, dated July 12, 1974 ordered paid as approved by the City Manager. (Progress Report - PARC) A progress report for the month of July was received from the Preserve Area Ridgelands Committee. APPROVAL OF CONSENT CALENDAR Cm Miller moved that the Consent Calendar be approved, seconded by em Tirsel1, who added that a letter be sent supporting the transbay bus service, as outlined in the resolution from Hayward, and the motion passed unanimously. PROPOSED ORDINANCE RE FOOD VENDING VEHICLES- An ordinance has been drafted which would regulate food vending vehicles in the City. Mayor Pritchard indicated a request had been received from an attorney representing one of the vendors that the item be continued~ however since there were a number of people in the audience, he asked what the Council would like to do. em Miller felt that the item should not be continued wi~hout a discussion and perhaps not continued at all. em Miller stated that the ordinance had been introduced at his request as he had received numerous complaints from the mothers of young children who felt there was excessive noise and a lot of economic pressure. In addi- tion, he has learned that the police department is also interested in this ordinance, which has not been published in the newspapers, be- cause there have been problems of drug peddling from ice cream trucks. He pointed out that the ordinance does not prohibit ice cream trucks, but does prohibit them from having amplified sound. em Tirse11 stated that in paragraph 9A.4l mechanical should be changed, and it was decided that the wording should be "mechanica1 or electron- ic". em Tirse11 stated she had done some research and found that certain areas in town suffered more than others regarding the ice cream truck$ which seemed to have relationship to their proximity to a shopping center. She did not realize that there was such a prob- ~em but found that in areas isolated from shopping centers, the neighborhoods were deluged with these vendors, and she felt some limitation was required as there was abuse of a privilege. em Miller moved to introduce the ordinance regulating food vending vehicles with the amended paragraph; motion was seconded by em Tirsel1. Cm Tirse1l stated she had a question from the audience regarding the regulation for cleanliness of the trucks and its contents and asked the City Attorney if that was included elsewhere in the ordinance, and was advised this would be a County Health Department matter and any complaints in this regard should be referred to them under our contract with them. Joe Devane, attorney from Dublin, 7994 Amador Valley Blvd., represent- ing Mrs. patricia Salisbury, the owner and operator of Lone Star Ice Cream, stated he had originally asked for the continuance as he had not had much of an opportunity to discuss the matter with his CM-28-244 July 15, 1974 (re Noise Ordinance) client and to do any research. Generally, his client goes along with most of what is in the ordinance and has no objection to the ordinance, but regarding the requirement for the trash container, the experience has been that if they are hung on the truck, they are either stolen or the children grab hold of them and want to ride on the truck. The driver of her truck does not have to get out to service the custo- mer and if he had to place a container on the side of his truck, it would cut down on his time and lessen his income. Another require- ment is the limitation on hours of solicitation to one hour before sunset which he did not feel was reasonable as he felt sunset was a very reasonable time. Mr. Engel explained that the time was set on the basis of the Police Department recommendation, but it could be a subject for discussion, and Capt. Blalock added that dusk is a very dangerous time for chil- dren to be out in the street. Mr. Devane agreed that if this was a problem it should be a matter of concern. With regard to the noise and regulating noise there is no question, but there have been many sound studies made and the sound can be regulated in such a decibel level to be in a residential area; however the ordinance is saying no noise whatsoever. em Miller remarked that the ordinance states you cannot amplify the sound by mechanical or electronic means, but they could ring the bell they use. Mr. Devane stated whether it is amplified mechanically or electroni- cally or done manually would not solve the problem as the problem is the decibel value of what is eminating from the truck, and felt this is where the ordinance should be directed, as a lot of the catering trucks use a loud horn. Mr. Devane stated this is the reason he was asking for a continuance for a couple of weeks to enable him to discuss the matter with the City Attorney and the Police Department. Mayor Pritchard reiterated what em Miller had said that the ordinance did not prohibit sound, but rather the intensification of amplification of the sound. r Sue Koopman, 5135 Kathy Way, stated she had written a letter to the newspapers, a copy of which she passed to the Counci1members, and read to the audience. The letter expressed her disapproval of the noise eminating from the trucks eight times a day, and was looking forward to more peace of mind by the passage of the ordinance. Carol Gerich, 723 Hazel Street, stated she had started this whole ordeal last summer and continued it this summe~as nothing had been done. She added her support of the proposed ordinance especially the section banning noise making as a means of advertising, which was very annoying to her as a housewife, and urged the Council to adopt the ordinance. Lois Bourinskie, 5337 Charlotte Way, stated that she is in agreement with the comments just made and the one comment she would like to make is that it is very difficult to see children dashing across the street to the truck during the time of day the sun is in a driver's eyes and would suggest that the time of day the trucks are allowed to make rounds should cease about an hour before sunset to make it safer for the children and drivers. \,,~ Joyce Brown, 731 Wimb1edon Lane, stated that she knows of many people who are concerned with this matter and would really like to see the ordinance instituted immediately. CM-28-245 -''''-''''-_'__.~_._..._m__.____,_____~.,~____..,~._.._ July 15, 1974 (re Noise Ordinance) Paul Tull commented that during the time he was a child the ice was brought to the homes on a wagon which was pulled by a horse and accompanied to some tune or a bell and this is a part of pleasant childhood memories that he still recalls with joy. em Tirse1l stated that if Mr. Tull had read the ordinance carefully he would have noticed that the music is not being eliminated but the amplification of it and is sure that the bell on the ice wagon was not amplified. Sarah Rupp, 708 Swallow Drive, stated that she lives in an area which has a heavy traffic of ice cream trucks and greatly supports the new ordinance. J. D. Lee, 622 Bentley Place, stated that he is against the ice cream trucks and can see no reason for commercializing the resi- dential areas. There are numerous places in which people can buy ice cream, etc., and if it is necessary that they are allowed to continue he would suggest that they be subject to health inspections as well as eliminating amplification of the music. Mrs. Hagen, 4669 Almond Circle, stated that she too objects to the nursery rhYme music and would rather have a bell on the trucks. Mr. Devane stated that they are required to be inspected by the police Department and they have no objection to being inspected by the Health Department. Their concern is for the way the noise is to be controlled and are willing to assist in this; however, it is ecconomical1y unrealistic to be prohibited from making rounds one hour before sunset and also they feel it would be difficult to get out of the truck, place garbage cans where children can throw the wrappers and try to see that wrappers are put in the cans. He asked that he have a chance to speak with the staff over some of their concerns prior to adoption of the ordinance. em Turner stated that he agrees with the comments made by Mr. Lee and that neighborhoods should not be commercialized by the ice cream vendors and that the sound from the trucks is almost unbear- able. em Miller stated that he would like to try the suggested method first and if it does not work we can try the decibel level method. He felt that the safety problem at sunset time is very important and perhaps an hour before sunset is too long and possibly un- reasonable; however 20 minutes or 30 minutes before sunset would not be unreasonable and would be willing to amend the motion to read 30 minutes before sunset, agreed to by the second. Mr. Tull remarked that cars are not required to have headlights on until 30 minutes after sunset and in his opinion the ice cream trucks should therefore be allowed to continue operation until sun- set. em Turner stated that he would like to amend the motion to state that no sound be allowed on the ice cream trucks and that scheduled routes be established, seconded by em Miller. Mr. Engel asked for a reason as to why the amendment constitutes a reasonable regulation related to the public health, welfare, and safety, and em Turner felt it is a matter of safety hazards in that when children hear the ice cream truck they automatically run to- wards the street and has observed children darting into the street between cars and have nearly been hit. CM-28-246 July 15, 1974 (re Noise Ordinance) Cm Futch stated that it is probably just as dangerous if a child sees the ice cream truck and it is difficult to determine where to draw the line. At this time the Council voted on the amendment which failed 2-3 with em Pritchard, Futch and Tirse11 dissenting. Prior to the vote to the amendment Cm Tirsell explained that she is willing to vote against the amendment at this time but if there is continuation of problem with noise she would vote to eliminate the noise entirely. At this time the Council voted unanimously to introduce the ordi- nance prohibiting operation of the ice cream trucks 30 minutes before sunset and to prohibit mechanical or electronic instrument or devices being amplified, and the title was read by Mr. Engel. COMMUNICATION FROM SCHOOL DIST. BOARD RE COMPLIANCE WITH ORD. The letter from the School District Board indicated that in accord- ance with Section 5094 of the Education Code, they voted to make Zoning Ordinance 442 inapplicable to school projects not under the State Contracts Act from which the School District has officially withdrawn and was noted for filing on motion of em Tirsell, seconded by Cm Futch and by unanimous vote. AGENDA SCHEDULE CHANGE It should be noted that due to the late hour and the number of important items that must be covered in addition to the request for an executive session regarding personnel matters the Council concluded that they would not follow the agenda schedule but would take care of items first that would require the least amount of time. COMMUNICATION RE FORMAL ESTABLISHMENT OF GREENS COMMITTEE A letter was received from Robert E. Johnsen suggesting that the Greens Committee be composed of five permanent members serving no more than two consecutive terms of four years each and that the committee meet at least every other month and preferably every month. em Miller felt the proposal for formalizing the Greens Committee and setting terms of office is a good idea which should be discussed and suggested that it be scheduled as an agenda item at a later date. Mr. Parness noted that the staff is working on a full report on the subject for scheduling on the agenda in the near future. ADJOURNMENT TO SPECIAL EXECUTIVE SESSION On motion of em Miller, seconded by Cm Futch and by unanimous vote the Council adjourned to an executive session to discuss a personnel matter, as requested by a City employee. After the executive session the meeting resumed with all members of the Council present. CM-28-247 July 15, 1974 APPEAL RE VARIANCE APP. DENIED BY P. C. (Mr. Rasmussen re Parking) Mr. Musso explained the reasons for the Planning Commission's hav- ing denied the variance of Earl G. Rasmussen for reduction of off- street parking at the northeast corner of North ilK" and Railroad Avenue in conjunction with construction of a commercial building for occupancy by a cocktail lounge, restaurant and other retail and service uses. n " ' Discussion followed regarding the size of the building proposed and uses proposed. Earl Rasmussen, 19485 W. Grantline Road, Tracy, stated that he owns property between North Livermore Avenue and "K" Street along the railroads consisting of 15,000 sq. ft. of land which is being taken by the City for the railroad project. He has purchased the same number of sq. ft. at the corner of Railroad Avenue and ilK" Street which is comparable to the property the City has taken and on which he would like to build. Further discussion followed which included discussion of parking requirements and it was noted that the uses in the area are exist- ing nonconforming uses as a result of the new ordinance. Mr. Rasmussen stated that his concern is how many of his tenants can be moved to the building he intends to build and that time is of the essence. The City took the property and is forcing his tenants to relocate and he felt the City should be willing to allow the variance he requests, pointing out that other businesses in the area do not have the parking he is required to provide and that three of the stores in the area have provided no parking at all and the people must park on the public street. He felt the suggestion presented to the Planning Commission from the Planning Director for 2-1 in the restaurant area and 1-1 in the retail area would be a desirable suggestion. Ebert Lounsbury, 1787 So. Vasco Road, friend of the applicant, sta- ted that he supports Mr. Rasmussen's petition for the 6,000 sq. ft. building because this is the required amount of footage to rehouse the tenants that must relocate. Cm Tirsel1 wondered if it would be possible to provide a second story on his building and he explained that the majority of his tenants could not be located upstairs due to the type of business they are engaged in and it was pointed out by the Council that if there could be a second story to the building he would gain on the parking requirements as well as the land. Cm Turner felt it would be nice to have not only the minimum amount of parking but more than the minimum required and feels that the ordinance has some inequities in it such as the parking allowed for the furniture store owned by Kamps through a variance. He stated that at the bank at least three days out of the week there is not sufficient parking and the only thing that can be done is to put up with it or relocate and this is a result of the City allowing less parking and would agree with the Planning Commission in requiring that adequate parking be provided and moved that the recommendation of the Planning Commission be adopted and denial of the variance application, seconded by Cm Tirse11.He added that there must be a way as suggested by Cm Tirse11, such as a two-story building, and he felt the applicant could get together with the City staff and work out some solution, but both sides would have to be agreeable to some compromise. (~ CM-28-248 July 15, 1974 (Re Variance Appeal re Parking-Rasmussen) em Futch agreed with Cm Turner's reasoning and with the Planning Commission, as the nature of the businesses will require more parking space, and felt that the applicant had two options - a second story or purchase a larger piece of property. em Miller agreed that more parking is necessary and did not feel the variance could be justified in this instance. Mayor Pritchard pointed out that the businesses are the same ones that have been located on North Livermore Avenue, and he felt they would be located in a more disadvantageous location than before, and there had never been any difficulty finding parking. Also while it is true that Mr. Rasmussen has been compensated for the property which has been taken, he felt the City had an obligation to relocate him in the same manner, and should not be penalized, and by granting the variance he will not be enjoying a privilege that is not granted other like pro- perties in the area. Mr. Rasmussen stated that he and the City have not yet arrived at a price, as he would be spending at least twice as much to replace the buildings, and has already purchased the land, but these requirements would bankrupt a person, and he brought up the fact that a variance had been given Mr. Kamp. Cm Miller advised him that it is his intent to appeal the variance that was granted to Mr. Kamp, but Mr. Rasmussen indicated that would do him no good, and was not the reason he mentioned it. Mr. Lounsbury stated he respected the concern for the people who may, in the future, wish to have more parking, but Mr. Rasmussen's clients have renewed their leases based on the amount of parking that has been available in the past and are awaiting approval of the variance. If a tenant wants more parking, he will not locate in this building, but elsewhere where more parking is available. His clients want to locate in this area even though they know they will be assessed a higher rent. em Tirse11 stated that one of the renters has already bought another piece of property, and Mr. Rasmussen stated he knew of this but it was dependent on his obtaining the necessary capital to build. A vote was taken on the motion at this time and passed 4-1 with Mayor Pritchard dissenting. REPORT FROM BOARD OF APPEALS RE BUILDING IN- SULATION The City Council had referred to the Board of Appeals the matter of adopting the energy insulation requirements in advance of the effective date of the State Standards, and the Board has submitted a copy of the minutes of their meeting in this regard. Cm Futch stated there are three things in this regard: l) the earlier date to require the insulation, which he did not favor as he felt there was nothing to be gained; 2) the requirement of an attic fan at the time air conditioning is installed, which he felt would be a reasonable requirement since the cost of a fan would be minimal; and 3) to require insulation in the attic whenever a home is sold which he felt to be reasonable. em Miller agreed with the last two points, but felt that attic fans should be included when the houses change hands as well as when air conditioning is installed as the cost is minor. He felt if the Council concurred all three items should be included in the ordinance. CM-28-249 July 15, 1974 (Re Building Insulation Ordinance) em Futch pointed out that if people are required to install a fan it would be contrary to the intent as there would be no energy con- servation if they were not bothered by the heat. Cm Futch moved to instruct the City Attorney to have the ordinance drawn up to include the two items, seconded by em Miller. Cm Tirse11 pointed out that OGO has permits to build and felt this was one housing which should probably be required to have the in- sulation and asked if they were subject to FHA requirements. Cm Miller also brought up the fact that permits had been issued to the developer in the Bevilacqua area which homes could also be covered by the insulation requirements, and even though the Board of Appeals objected to the earlier date, he felt the Council should adopt the earlier date. Cm Futch suggested that perhaps the FHA requirements may include this insulation and so they should continue this point. The staff was instructed to check into this point, and a vote was not taken on the motion, and the item was continued to next week. REPORT RE UTILITY UNDERGROUNDING FEE Recently a report was received from our Industrial Advisory Board regarding a utility undergrounding fee, and the matter was postponed for additional staff research. In addition, em Turner requested that the issue be referred for a joint discussion between the City Council and Chamber of Commerce. Cm Futch explained that a meeting had been held after which time he had prepared a proposal which would meet some of the objections the City Council had and would also be acceptable to the other parties involved, and suggested that the Council adopt Alt. 4 which would discontinue the undergrounding policy presently in effect and instead adopt an interim policy requiring development along major streets to install ducts and pull boxes along their frontages. Existing overhead lines would be allowed to relocate overhead in a streamlined configu- ration and the Council should then push for a change in PUC policy that would reduce future development costs for undergrounding and situations such as this along major streets. This would avoid the high cost of general undergrounding in industrial areas and reduce the cost to these developments which happen to be adjacent to con- siderable overhead utilities. He pointed out that the cost would be comparable to the in-tract development costs. Thi~0~ldIAP~~ the City to defer installation of underground utilities^~ac- AV~ tion of the cost as if they had to start from scratch. em. Futch . recommended that the Council adopt Alt. 4 as a policy for underground- ing of utilities in industrial areas only; motion was seconded by em Turner. Cm Miller stated he would like to have utilities undergrounded and felt that the program as set out by the Public Works Director was a good one and would essentially make the cost near to what was in- tract, and he asked what the disadvantages to that would be since everyone would pay and ultimately the first ones who had to put it in would be reimbursed. Cm Futch stated that the estimate given was too low as the cost would be approximately $25.00 per linear foot. After some discus- sion regarding the cost spread, Cm Futch stated the question is whether it is really worth it to add that much additional cost for industrial users, and felt his proposal was one way of reducing the cost, as an interim measure, and they should pressure PUC to come up with a more equitable way of financing. CM-28-250 July 15, 1974 (re Undergrounding Fee) Mr. Engel asked that Cm Futch give the committee justification for Alt. 4, i.e. the manner in which it would serve the public safety and welfare. Cm Futch stated the intent is that at a future time undergrounding be required and there are some funds now that could be used for this purpose; however, he was not sure what the justification was at the present time. Cm Miller commented that it has been deemed by PUC to be in the public interest to have undergrounding on new construction, in fact it is re- quired by their orders, and that is the justification that the City uses. Mr. Engel felt that the PUC requirements should be checked, and Mr. Parness suggested that it would be appropriate for the Council to waive any action until they have a legal report on the supportability of the whole matter. Gene Morgan indicated he had discussed the formula with em Miller and although it sounded logical, he did not think the end result was quite that way. The Chamber feels they would like to see no fee charged, but felt the solution Cm Futch presented was a compromise, and they felt a decision should be reached as soon as practicable as industry is needed, and Southern Pacific is waiting, and they would support the suggestion of Cm Futch. Milo Nordyke felt it was important to get a tentative motion as far as the fee is concerned. The question is whether or not the City would have the legal basis to require the conduit undergrounding that is suggested in Alt. 4. It is important to get the issues to SP, because if they understand their liability is limited to putting the conduit and pull boxes underground, it would be enough to allow them to proceed, and if the Council could adopt the motion in such a fashion to set that as an upper limit and await the outcome of the legal fee as to whether or not that is possible, it would be a forward step. em Futch felt that was a good suggestion, so what the Council would be approving is that they adopt Alt. 4 in principal, presuming that the findings can be made, which was agreeable to the second, and the motion passed unananimous1y. REPORT RE FIRST STREET GRADE SEPARATION STRUCTURE The Public Works Director reported that after the relocation of the Southern Pacific RR, the City has planned to relocate First Street along the vacated RR right-of-way to a future overpass near Scott Street where First Street will rejoin the existing First Street alignment. Mr. Lee has recommended that the City Council formalize its intention to ultimately relocate that section of First Street and authorize the following: a) Appraisals of the required rights-of-way. b) Staff investigation of the acquisition of the abandoned SP right- of-way for First Street. c) Commence negotiations with the California Transportation Agency about a future cooperative project. d) Discontinue requiring future width right-of-way dedications and street widening on the sections of First St. to be relocated. em Miller moved to approve the recommendation as far as items a, b and c, but to delete discontinuing requirement of future width right of way, and perhaps discuss this item further at a later time. Motion was seconded by Cm Futch and passed unanimously. CM-28-25l July l5, 1974 Summary of Action Planning Commission Meeting of July 9, 1974 The summary of action taken at the Planning Commission meeting of July 9, 1974 was presented to the Council, and Cm Miller appealed the variance granted to Mr. Kamp and asked that this be placed on the agenda for the next meeting. I I \ , Communication re Interstate Rte 580 A communication from the Department of Transportation regarding the City's position on Interstate Rte. 580 was removed from the Consent Calendar for discussion at this time; however, Cm Miller asked that this item be placed on the agenda for the next meeting. REPORT FROM CITY MANAGER RE PROPERTY ACQUISITION SETTLEMENTS (Grade Separation Constr. Proj.) Mr. Parness reported that several parcels have been tentatively acquired through negotiation by our property acquisition agents. These settlements have been based upon property appraisal and reloca- tion costs as follows: Parcel No. 26, $96,500; Parcel No. 27-28, $30,650 and Parcel No. 12-13, $28,000. It is recommended that the City Council formally authorize acquisition of these properties. Cm Miller moved to authorize acquisition of the property, seconded by Cm Tirse1l, and the motion passed unanimously. PROPOSED ORDINANCE RE DANCES An ordinance had been drafted with the police Department's recom- mendations relating to dances; however the Council wished to discuss the ordinance, and a motion was made by Cm Miller, seconded by Cm Turner, and approved unanimously to continue this item for one week. em Futch asked that the significant changes be listed, together with any justification for the changes, as he was concerned about undue restrictions. MATTERS INITIATED BY STAFF (Grant Agreement-Treatment Plant) Mr. Parness asked the Council for approval to execute the Grant Agreement for the EPA on the Water Reclamation Plant. A motion was made by em Tirsell, seconded by Cm Miller, that the City Manager be authorized to execute the Grant Agreement with EPA, passed unanimously. MATTERS INITIATED BY COUNCIL (Guatemala Trip) em Turner advised the Council he was unable to make the trip to our sister city although he had volunteered and the flight is only three weeks away. No decision was made regarding a replacement at this time. CM-28-252 July 15, 1974 (Assembly Bill 1723) Cm Turner asked that discussion regarding AB 1723 be placed on the Council agenda for the next meeting. (Planning Unit No. 12) Cm Turner commented that the Council was to have a report regarding Planning Unit No. 12 for this meeting and asked the Planning Direc- tor if a report had been prepared. Mr. Musso advised that the Planning Unit had been redrafted and should be ready for Council review next month. (Ord. re Automatic Variance) f. ~\ em Miller stated that there is an automatic variance procedure if someone in City Hall makes a mistake and since this is very eemM6~ he asked that the City Attorney check into the matter and either repeal or modify the ordinance and the Council concurred. (Speaking to Agenda Items) em Futch moved that the Council set a pOlicy of limiting the amount of time anyone person may talk, to five minutes for the first item and five minutes for an additional item - not to exceed a total of 10 minutes during one Council meeting unless the majority of the Council agrees to extend the length of time. Cm Miller felt the restriction to a total of lO minutes per person through the entire meeting is sufficient and would suggest that anyone having a presentation which would take longer than five minutes should submit it in writing prior to the meeting so that the Councilmembers can review it over the weekend with the other agenda packet material. It was suggested that the matter be postponed for one week to allow the Counci1members time to think of additional suggestions for keeping the meeting moving and directed that the matter be scheduled as an agenda item. (Request for Unused City Flagpole) em Futch commented that he has received a request from a Boy Scout who would like to do a project to earn his eagle by constructing a flag pole at his church and if the City could furnish an old flag pole that is not in use by the City. It was discovered that there is such a pole in storage at the Corporation Yard which is of negligi- ble value and em Futch wondered if the Council would give its per- mission to give it to the boy. ~'. I ( "'. On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote the Council agreed to give the pole to the Boy Scout, as requested. (Bicentennial Committee) em Futch felt there should be discussion regarding appointments to the Bicentennial Committee and would suggest that the officers be selected by the Council and that something should be decided as soon as possible. CM-28-253 July 15, 1974 (re Bicentennial Committee) Cm Miller commented that he would consider having the Bicentennial Committee a private committee rather than an official City Committee because he would anticipate that they will be asking for a great deal of money from the City. Cm Turner felt that it would be in keeping with the spirit of patrio- tism if the City would try to raise the money for donation to the Bi- centennial Committee and feels that the nominating committee if it is other than the Council should have some idea of how they will be funded or to what extent. It was concluded that the evening is too late to try to come to a de- cision as to whether the committee should be a City committee or pri- vate committee and the discussion was postponed. (Early Adjournment Next Week) Mayor Pritchard asked that the Council consider adjourning early enough next week to hold an executive session for the purpose of discussing a personnel matter. (Support of SB-2286) Mayor Pritchard stated that he has spoken with Judge Lewis regard- ing SB-2286 which establishes a new Livermore-Pleasanton judicial district with two judges and that Judge Lewis is in favor of the hill and would be most haDPY if the Council would express its support. On motion of Mayor Pritchard, seconded by Cm Miller and by unanimous vote the Council expressed support of the bill. ADJOURNMENT ATTEST no further Council business, Mayor Pritchard at~0 41~ (\/~ C1ty Clerk Livermore, California adjourned There being the meeting APPROVE Regular Meeting of July 22, 1974 A regular meeting of the City Council was held on July 22, 1974, in the Municipal Court Chambers, 39 South Liv€rmore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Pritchard presiding. Present: Absent: ROLL CALL Cm Turner, Miller, Futch, Tirsel1 and Mayor Pritchard None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members as well as those present in the audience, in the Pledge of Allegiance. MINUTES - 7/15/74 On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the minutes for the meeting of July 15, 1974, were adopted, as amended. OPEN FORUM (Discussion re Limiting Time to Speak to Council) Mayor Pritchard commented that prior to anyone speaking during the open forum he would like to bring up the last item on the agenda related to limiting time for speaking to the Council during the open forum or on any other item. Cm Tirsell stated that most of the comments made to the Council from the public are helpful and good suggestions but due to the length of the Council meetings it is necessary to ask that the remarks be concise and to the point. She noted that it is very difficult for the Mayor to keep track of the length of time a person has been speaking when he must keep the meeting in order, remember motions, get seconds to motions and ask for votes to amendments and main motions. In view of this she would recommend that the other Counci1members re- mind the Mayor of the amount of time expended by members of the audi- ence and suggested that the Assistant City Manager use a stop watch to indicate to the Council when five minutes have passed. She felt that each person should be allowed five minutes of discussion during the open forum and then another five minutes accrued during the rest of the meeting for a total of 10 minutes per person and no more than the 10 minutes per meeting per person. Cm Miller commented that he suggested at the last meeting that any presentation which may last longer than five minutes should be sub- mitted in writing to the Council, and that presentations longer than five minutes will not be accepted. (' Cm Tirse1l moved that public input be limited to a five minute presen- tation on any subject, including the open forum and an. additional five minutes an any related subject during the evening for a total of 10 minutes per person and that longer presentations should be pre- sented in writing and there will be an allowance for a short summary and that this will be added to the instructions at the top of the agenda and that the Mayor will be advised of the time which has accrued by one of the staff members, seconded by Cm Futch. em Turner stated that he would not vote for the motion as he feels the intent might be misconstrued and that it is the responsibility of the Chair to control the length of time the public speaks. Mayor Pritchard noted that there may be an occassion where a speaker will find favor with some of the Counci1members and would not wish to say that he could not speak any longer if the Council wanted him to be allowed to speak longer. CM-28-253 July 22, 1974 (Limitation of Speaking Time) Cm Tirsell commented that in many other cities people are not allowed to speak until the end of the meeting and in some cases not allowed to speak until after a vote has been taken and there are meetings at which the public is not allowed input at all. She felt that on the whole the Livermore City Council has been very generous in their allowance of public input. Paul Tull, 2243 Linden Street, stated that he objects to the limita- tion of time because one individual may be representating a number of people when speaking and felt the 10 minute total is too restric- tive. The motion passed 4-1 with Cm Turner dissenting. It was noted that the motion is to be effective immediately. PUBLIC HEARING RE WEED ABATEMENT COSTS Mayor Pritchard opened the public hearing for the purpose of hearing testimony regarding costs for weeds abated by the City of Livermore, and it was noted that there was no written testimony regarding this item prior to the hearing. There being no public testimony, on motion of Cm Miller, seconded by em Futch and by unanimous vote, the public hearing was closed. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote a resolution was adopted confirming the assessment for weed abatement costs. RESOLUTION NO. 112-74 RESOLUTION CONFIRMING ASSESSMENTS WEED ABATEMENT CONSENT CALENDAR Report re Bid Award - Water Reclamation Plant The City Manager reported that it would appear that all of the necessary review and approval has been obtained from the State and EPA for the award of the construction bids for the water reclamation plant project. The one re- maining item is the contractual commitment from the State Department of Trans- portation on the use of effluent water for freeway landscape irrigation and it is recommended that the Council adopt a resolution awarding the contract to C. Norman Peterson Company. Cm Miller stated that it would appear if anything happens with the contract the City might be $300,000 in the hole and would like an explanation as to what our liabilities would be in this circumstance. Mr. Parness explained that he and the City Attorney also share this concern; however, it is a fact of the situation and there is little else that can be done about it. The way things transpired it was necessary to proceed to this extent to try to resolve the differences between our City, EPA and CAL-TRANS in regard to the project for our reservoir system. A series of meetings has taken place with them and all are in agree- ment. We do not have a formally signed agreement but we do have an oral agreement. A letter is expected from CAL-TRANS saying that they will execute the agreement with one contingency, and that is the monetary obligation of CAL-TRANS set at $20,000 is sub;ect to the approval of the State Highway Commission. The agreement will be instituted by the Transportation officials but they cannot obligate the Highway Commission to the funding; however, they have never refused funding and it is unlikely they will refuse in this case. CM-28-254 July 22, 1974 (re Water Reclamation Plant Bid) ( It is a satisfactory and beneficial addition to the plant for the City and the only concern at this time is the budgeting of the $20,000 obligation of CAL-TRANS to this project and the Highway Commission has never failed to obligate funds and would suggest the Council allow award of the bid, contingent upon our receiving the letter announcing the proposed obligation of the Department of Transportation to this agreement. em Miller then stated that he is not really satisfied until he sees the letter and asked the City Attorney about the City's legal commit- ments if something does not come through. Mr. Engel explained that anytime the City awards a contract which binds it to perform a certain task, such as pay money, where it does not have one of the essentials tied down such as right-of-way or a subsidiary agreement, etc., and one of these collateral points are not completed the City faces a potential breech of contract suit with the contractor. The City is making representation to the contractor that the City is all set to proceed and that all the conditions have been met. Cm Miller asked if there were any other problems with the project other than the state grant and Mr. Parness explained that the other problem is with the location of the reservoir which remains a legal procedure we are still proceeding with. We have had many weeks of meetings with the owner, to no avail, and we are going to have to condemn the property unless he finally agrees to a settlement and a final appeal has been made to him in writing. We do have a right of occupancy and have the right to condemn and it is a matter of establishing the value. Cm Turner wondered what the consequences of waiting would be and Mr. Parness stated that he believes the award of the bid must be no later than August 3, 1974. Mayor Pritchard wondered if the letter expected from CAL-TRANS would have legal substance and Mr. Engel commented that it would be considered a letter of intent but would not be final and binding. Mr. Lee noted that the reservoir will be a great advantage to the state and they will be able to use this water at about half the cost of treated domestic water and indicated that they are very interested in having the water. The state representative indicated that even if they would not wish to use the water for another five years they would still enter into a contract and Mr. Lee felt the $20,000 is minor when compared to the total cost of the facilities. em Turner questioned the amount of the obligation to the City if everything does not go as planned and Mr. Parness stated it would be in the neighborhood of $300,000. r em Miller stated that he is concerned about not yet owning the property on which the reservoir is to be located and that we are getting ready to commence with the project. He pointed out that acquisition of the property may be delayed and if work is held up we may have to pay a penalty and noted that the same problem has arisen with the underpass project and work has been delayed, in part, because the preliminary contracts were not completely resolved prior to awarding the contract. Mr. Parness commented that it is perhaps true that all of the matters should have been resolved but there have been many problems related to acquisition of the property and meny meetings have transpired because of this as well as the necessity for various appraisals of the property. It is not exactly the same as the problem with the CM-28-255 --,._._--'"---,....._-_._-'_..._._--_._.--.".~._---_...'....,...-~,_.,.- July 22, 1974 (Water Rec. Plant Bid) relocation project because there is no relocation obligation on the part of the City but rather a matter of settling on the value of the property and also we have the right of immediate possession within the issuance of such an order by the courts, within three days. This means that we can give the contractor the right of access almost immediately, unlike the railroad project. Cm Miller stated that he realizes that it is difficult to get every- thing ready for one single package but feels the matter, at this point, is a little untidy. When there is a contract that commits the City to over a million dollars and everything is not resolved he tends to be very concerned about the City's obligation. It would seem that before a contract is approved for execution it would be better to start the procedure a month earlier and if there is trouble in negotiations there will be time for condemnation and that everything can be ready. He added that he does not like to have $300,000 at risk and the possibility of things being held up because of condemnation action problems. Mr. Parness stated that the staff does not want to take a risk or see a delay either; however, this is the way the machinery works in this instance and not asking that the reservoir be installed for the benefit of CAL-TRANS and this is a secondary consideration. The primary benefit will be to the City and we are not altruistic enough to review and de~ sign a facility to satisfy the State Department of Transportation. It is a big advantage to the City and it happens that this is the way the system works. The only contingency the Council would be allowing, which is extremely remote, would be that the money will not be allowed by the Highway Commission ($20,000) for their participation in this system. Mr. Engel commented that with regard to the right of immediate posses- sion we do have the right to obtain an order of immediate possession in connection with the acquisition of the reservoir site; however, a normal period of time is 20 days of lead time and we would need an affidavit from the Director of Public Works indicating that there is an emergency situation at hand justifying the shortening of time to three days. On this basis he could go before the judge and ask for a three day order. Cm Miller asked if the judge would automatically give the three day order and Mr. Engel stated, not necessarily, that it would depend upon the strength of the affidavit. em Futch felt the question the Council has to face at this point in time is whether it would be more to our advantage to continue with the project or to stop and go through another bid process and feels that the increase costs and liabilities would be much greater. Cm Turner moved to delay the matter for one week in order that the Council might have the time to review this information, seconded by Cm Miller. Mr. Parness emphasized that everyone is very regretful that things have happened the way they did but there was nothing that could have been done to prevent them from happening. Mayor Pritchard felt that if the Council will agree, it should be understood that the City Manager has every right to proceed with all diligence in acquiring the property and is sure that everything has been done to come to agreement with the owner, Mr. McCormick. At this time the Council voted unanimously in favor of the motion. Mr. Lee stated that the vice president of the company doing the work for the project has indicated that they would send a letter to the City stating that a delay in obtaining the site for as much as four weeks would not cause an additional obligation to the City. Another matter is the EPA's questioning our ordinance relative to our revenue program particularly with respect to repaying, from indus- CM-28-256 July 22, 1974 (re Water Rec. Plant Bid) trial connections to the sewer, recompense to the Federal Government for the grant we will be receiving. All cities receiving grants must have this provision in their ordinance and we do not have this provision; however, we feel that it will be of little significance because we do not have the type of industries in our community that this refers to, but we must adopt such an ordinance within the next coming months. One of the conditions of the grant agreement will be that the ordinance will be enforced. He explained that essentially this means that industrial development will have to pay for sewer service, some of which will be returned to the Federal Government. Mr. Parness remarked that he has received oral confirmation that EPA has approved our grant application and Cm Miller asked when this will be received in writing and Mr. Parness stated that this cannot be done until we receive the official forms and Cm Miller wondered why the City would commit itself to a $5 million project without having $4 million of it and Mr. Parness stated that we are commiting ourselves to awarding a bid upon the oral promise of the officials of the EPA and that all is in order - it is a matter of receiving the grant allocation by mail and it is anticipated that this will be received by next week. Departmental Reports Departmental reports were received, as follows: Airport Activity - June Building Inspection June Emergency Services - quarterly report - April/June Horizons - Youth Outreach Program - quarterly progress Library - Fiscal Year 1973 Mosquito Abatement District - May Municipal Court - May and June Livermore Police Department - June Water Department - Revised April and May Water Reclamation Plant - June Report re County Emergency 911 Phone System ( \. A comprehensive study has been under way encompasing all of Alameda County for the purpose of analyzing the technical, financial and jurisdictional feasibility of installing a "9l1" emergency telephone alert system which is a pilot program for the entire United States and calls for the installation of a complex telecommunication facilities which will permit a caller to dial "911" from any telephone and the call will automatically be routed to the jurisdictional emergency center. There will be visual and supplementary data displayed such as hydrant locations, volatile storage of materials, police beat and telephone and address of telephone being used. The steering committee, of which we are a part, has concluded that the system needs to be tested with phased additions over a period of three years and the capi- tal cost is estimated at $2,900,000. The monthly servicing charge is $34,000 or about 6~ per phone number per month. The capital funding for the project is required to be made by the Law Enforcement Assist- ance Administration (LEAA) with 10% from the County. The system will be used to serve the people of our county and it is recommended that the City Council adopt a resolution announcing its support of the "911" Emergency System. RESOLUTION NO. 113-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE ENDORSING THE 911 PROJECT. CM-28-257 July 22, 1974 Resolution re Historical Sites In accordance with our recently adopted ordinance related to histori- cal site declaration a resolution is necessary for the official designation of qualified sites - the subject one being the Southern Pacific Railroad Depot. RESOLUTION NO. 114-74 A RESOLUTION DECLARING THE SOUTHERN PACIFIC DEPOT A HISTORICAL SITE Resolution Condemn- ing Underground Easement A resolution is required to obtain a small parcel of property located at North lip" Street and Railroad Avenue for use as an underground ease- ment and also a parcel for the grade separation. RESOLUTION NO. 115-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF A PERPETUAL UNDERGROUND EASEMENT AND RIGHT-OF-WAY 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 WITHIN GHE SAID CITY. RESOLUTION NO. 116-74 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, LY- ING WITHIN THE BOUNDARIES OF THE GRADE SEPARATION PROJECT/ RAILROAD TRACK RELOCATION ASSESSMENT DISTRICT WITHIN SAID CITY. Resolutions Denying Claims RESOLUTION NO. 117-74 A RESOLUTION DENYING THE CLAIM OF TERRY M. HOFER RESOLUTION NO. 118-74 A RESOLUTION DENYING THE CLAIM OF RICKY MOSSBARGER The above resolutions were adopted by the Council as recommended by the City's insurance carrier. Beautification Committee Minutes - 7/5/74 Minutes were received from the Beautification Committee for their meeting of July 5, 1974. Claims Dated 7/19/74 There were 55 claims in the amount of $69,767.74 approved and ordered paid by the City Manager. APPROVAL OF CONSENT CALENDAR On motion of Cm Tirsel1, seconded by em Turner and by unanimous vote, the Consent Calendar was approved with the exception of the CM-28-258 July 22, 1974 (Consent Calendar Appr.) item concerning the reservoir project which was removed from the Consent Calendar and postponed until next week, and with the addition of the Resolution No. 116-74 condemning the Trujillo property. COMMUNICATION FROM S.F. RE PARKING SURCHARGE PROHIBITION A letter was received from the City Manager of South San Francisco with respect to assistance in having the Senate adopt the House of Representative's language prohibiting imposition of parking surcharge regulations by the EPA Administrator, which was noted and filed. APPEAL RE GRANT FOR VARIANCE (H.L. KAMP) The City Council had appealed the action of the Planning Commission on July 9, 1974, granting a variance to H. L. Kamp for reduction of the parking requirement at 2893 First Street. Mr. Musso explained that there were two variances before the Planning Commission, one for Mr. Rasmussen and the other for Mr. Kamp, for a similar variance-use of property on the south side of First Street, directly opposite Junction Avenue. The variances, on the surface, appear to be very similar; however, there is one difference and that is that Mr. Kamp was agreeable to limiting the use of the property to a rather low intensity use for primarily a furniture store. Variances have been granted in other instances on the basis that the use would be limite~to such that the parking of the 1-1 ratio would be sufficient. The 2-~/parking was a result of the development of the Alpha Beta, Thrifty and Value Giant shopping areas, which had a deficiency in park- ing, and the decision of the Council at that time was that the off- street parking requirements should be increased. Because of the par- ticular nature of the property ownership in the CB Zone, it was left at l-l. It was felt that the CG land, which is the area between the railroad tracks, was in large enough parcels that the 2-1 parking ratio was not unreasonable and the ordinance was amended accordingly. After this, Red Carpet, Hutka (Railroad Avenue) and other businesses applied for a variance to reduce the parking provided that there were no retail uses. In this case the Planning Commission felt that the restrainton the use of the warehouse was an action for which a prece- dent had been set, primarily by the City Council, that if you limited the use you could not deny Mr. Kamp the variance because he agrees to limit the use for which a variance had been granted to others. In the case of the Rasmussen application it was felt the uses required heavy parking, which was for a restaurant, butcher shop and dress shop, and was denied. This is primarily the difference between these two applications on different uses. As a result of the discussion on the two variances the Planning Commission felt they should review the off-street parking requirements and whether the 2-1 ratio was a reasonable application and a proposal by the Planning Commission to prohibit the development of private off-street parking lots in the downtown area or to establish a fee instead. They directed Mr. Musso to ask the City Attorney whether or not such a fee could be collected and if it would be a reasonable restriction. Cm Miller commented that the appeal has been made at his request and though he can sympathize with Mr. Kamp's problem is concerned about the long term effect of not having adequate parking. This would allow nibbling away at an ordinance the Council unanimously adopted to try to improve the parking conditions in our commercial area and he has never agreed that conditioning to use is a good idea. There is no way to guarantee that the use permitted can be maintained. The argument that there are some earlier variances, having created a precedent, does not apply because everyone has always said that allow- ing just one does not mean that more have to be allowed and he felt that the 2-l ratio should be maintained. In his opinion a variance should not be granted in hopes that something will happen in the future for working out an overall parking district. cr~-28-259 July 22, 1974 (Request for Variance - H. Kamp) Mr. Kamp stated that the track relocation project is forcing him to move to another location and that both stores owned by him will have to go together in time At present, he really has no parking available at either store and the 32 parking spaces he would pro- vide is 32 more than presently provided. He is endeavoring to put a business location in Livermore that the citizens can be proud of and his particular type of business is different than others in that it entails a good deal of storage which must be displayed. He em- ploys generally not more than five people at one time and there are seldom more than four or five customers in his store at one time and it is not probable that 10 parking spaces would be used by his people at one time. He added that he would like to have a place that looks nice and within his means, financially. Mayor Pritchard stated that if no action is taken by the Council reversing the decision of the Planning Commission it would mean that the Planning Commission decision stands and asked if there is a motion to deny the variance. (\ f \ Randy Sch1ientz, stated that the planning Commission did make the findings for granting the variance and they recognized the fact that a furniture store's requirements for parking and use of space is somewhat different than other retail commercial uses, in addition to the fact that Mr. Kamp has agreed to the limitation of the use: of the store for furniture sales and restriction of the floor area specifically for this use. Previous variances have been granted and it has been noted that the total number of spaces to be used by staff people and customers would be 10 during the peak times, which is far less than what they are willing to provide. He felt it un- reasonable to require parking which will not be used. The 2-1 requirement is an arbitrary method of determining parking space and in this case it is an unfair burden to the property owner. John Regan, realtor representing Mr. Kamp, stated that Mr. Kamp started looking for property on which to locate approximately a year ago and that he desires to remain in the central business district. He asked the developers of the S.P. shopping center about building a store for his use and was told, essentially, that he could not afford to locate in one of their buildings. This has been found to be true in the CB-l Zone which would allow 1-1 parking. The next best choice was to choose a site as close to the CB District or to the center of town, as possible, and the site on First Street fills the need, is feasible, and is as close to the center of town as possible. em Miller stated that his concern is with the use and what will happen if the use changes. He is not satisfied that the supposed non-precedent examples set previously are effective with respect to the conditions imposed and as to how effective they will be in the future. Consequently, he is unhappy because he would like to see Mr. Kamp relocate and work everything out to his satisfaction but because of concern for future parking, moved that the City Coun- cil deny the variance granted by the Planning Commission. The motion died for lack of a second and the variance, as granted by the Planning Commission, will remain effective. Paul Tull suggested that if the variance is to be granted that something be stipulated in the contract that the variance is allow- ed only for a furniture store use. COMMUNICATION FROM DEPT. OF TRANS. RE COUNCIL'S POSITION RE WIDENING OF I-580 A letter was received from the Department of Transportation rela- tive to the Council's position on the widening of I-580 and commented CM-28-260 July 22, 1974 (re Council Position re Widening of I-580) on the desire of the Council to eliminate two of the lanes proposed and to allow only six lanes. The Department of Transportation feels that six lanes would be inadequate and that congestion resulting from a restricted system will only serve to hamper the air quality in the valley. Cm Miller stated that he feels the comments received from the Depart- ment require another response from the City Council and would like another letter sent speaking to what the issues are and that a copy of the letter be sent to the Air Resources Board, particularly. He then asked that he be allowed to prepare a letter of response which would be circulated among the Counci1members prior to its being sent. Cm Miller felt something could be written that is more direct and concise about what the City's objections are to the massive environ- mental disaster, which he added is his opinion of the proposal. He pointed that regardless of what the Department of Transportation says about the proposal the City views it as l) a spurring of growth based on the Putnam Report; 2) Energy wasted as a result of encourag- ing commuters; and 3) Massive damage that will be done to the canyon. He would like to write a letter pointing out these things and if the Council is not satisfied with the letter it can be rewritten and re- vised. Cm Futch commented that when the California Department of Transporta- tion submitted its Environmental Impact Report it was determined that widening of the freeway is growth inducing. Cm Turner suggested that Pleasanton again be asked to support our position of favoring only six lanes and Cm Miller suggested that VCSD also be asked to support this position. Cm Turner added that in his opinion the six lanes would offer adequate safety and ease of travel. Rapid transit is planned, as well as a big shopping center in the valley and hopefully within about 10 years our valley will be se1f- supporting and there will not be a need for more than the six lanes. Cm Turner moved that the Council write to the City of Pleasanton and the VCSD asking that they support the Council's position, seconded by Cm Tirsel1 and which passed by unanimous vote. REPORT RE RECEIPT OF BIDS FOR RAILROAD RELOCATION PROJECT Mr. Parness explained that with regard to the railroad relocation project, in accordance with the process of the formulation of an assessment district, once the amount of the debt has been established on the district that has been formed and the project is to proceed, the next step is the placement of the debt against all of the proper- ties subject to the assessment. The principal amount is $1,401,697 which Mr. Parness indicated is a small sum and are traditionally attractive buys for the bond buyers because they are tax exempt. The bonds are levied under the 1915 Assessment District Bond Act in the State of California and an attractive type of purchase for financial firms because one major advantage is the faith and credit of the local agency behind the indebtedness to the extent that the law gives the right of the City Council to assess a tax over and above all other tax purposes, to collect funds to satisfy the indebtedness in the event of default. The amount of tax levied that the Council is entitled to impose is 10~ per $100 of assessed valuation. The catch is that it should be ensured that the assessed valuation applicable provides 100% coverage for the annual bond debt or the servicing amount so as to give absolute assurances to the bond purchaser that there will be absolutely no possibility of any default in the annual collection. In this instance, unfortunately, this is not the case. The annual bond servicing amount approximates $120,000 and the net assessed valuation of our City to which this amount can be used is $95 million; therefore we are a bit short of providing 100% coverage for a 10~ tax levy to guarantee full protection to the bond holder. Efforts have CM-28-261 July 22, 1974 (Reloc. Project Bid) been made by the bond counsel to arouse some interest in the purchase of these indebtedness issues. Mr. Parness noted that the financial circle has had a very bleak history and has been told just today that if the City had solicited bids as recently as two months ago, none would have been received. The City was very apprehensive up until today when bids were to have been received, that it would receive none and in such an event we would have had to negotiate a sale; however we did receive one bid at the last minute which he read to the Council. (\ \" . The bid was from Stone & Youngberg for 93.083% of the principal amount thereof, plus accrued interest to the date of delivery, for all such bonds to bear interest at the rate of 7% per annum, estimated net interest rate 7.3954%. He added that Stone & Youngberg is a highly reputable local financial institution and the essence is that they are mandated to submit a bid no higher than the 7% by state law and they have presented a proposal which discounts these to 93.083%. The matter has been discussed today with our bond counsel and his earnest advise to the City Council would be to warmly accept the bid as there is little alternative to the City. Even though the bid is a bit high it is a very good offer and we would likely receive no bids if we were to advertise again, and recommended that the City Council adopt a resolution accepting the bid. Mayor Pritchard asked what this would add to the contract price and Mr. Parness stated that it would be a $28,000 addition and that the bonds are for 24 years. If it were not for the fact that we do not have 100% coverage, more than likely our discount rate would be closer to 95% and we budgeted 95% or 5. discount rate at 7% but we did not foresee this condition of the bond market and that we would not have 100% coverage on the surity for the annual bond amortization. On motion of Cm Turner, seconded by em Futch and by unanimous vote the bid from Stone and Youngberg was accepted and authorizing the sale of the bonds. Paul Tul1 stated that he would question the legality of the motion without further legal information and suggested that Mr. Engel res- pond, and Mr. Engel stated that he has been assured by the bond attorney that everything is in order. RESOLUTION NO. 119-74 RESOLUTION AUTHORIZING SALE OF BONDS, RAILROAD ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA REPORT RE FIRST STREET OVERPASS STRUCTURE Mr. Lee reported that plans must be completed for the provision of a First Street overpass separation structure and that the recom- mendation will be to refer this matter back to the Planning Commission for consideration because it will involve a possible change in the setback line because it will be necessary to relocate Highway 84 to the area of the existing Southern Pacific right-of-way. Cm Miller stated that he brought up this matter because of his con- (~, cern for abandoning future width lines and would move to send the matter back to the Planning Commission with the request that they examine possibilities of what would happen if some~hing were to go wrong with the railroad overpass proposal that the state is apparently in favor of. Nothing has been assured and he feels concern about the possibility that nothing comes to pass. Possibly we could require the setbacks but not require the paving of them or that the land be left for later widening - the point is that they consider other alternatives to abandonment, seconded by Cm Tirsell and passed unanimously. CM-28-262 July 22, 1974 REPORT RE REZONING OF COUNTY PROPERTY A staff report was received from the County of Alameda indicating that they would like to rezone property located on both sides of Arroyo Road, Marina Avenue, Lomitas Avenue, Pleasant View Lane, Burr Lane, Bess Avenue, Rodeo Lane, Edwards Lane, Reed Avenue, "B" and "D" Streets. ~ On motion of Cm Miller, seconded by em Futch and by unanimous vote the staff report was adopted recommending rezoning from R-1 to rezone all properties within an agricultural preserve to A, and to rezone the remaining properties R-1 with a 5 acre minimum lot size. PUBLIC HEARING SET RE ZO. ORD. AMEND. RE CN AND RS DISTRICTS Cm Miller moved that a public hearing be set for August 26th regard- ing zoning ordinance amendments to the CN and RS Districts, seconded by Cm Futch. Cm Futch commented that when the Council receives the ordinance it would be advisable to also attach a copy of the old ordinance or that the changes in the new ordinance be underlined so that they are easily discernible. em Turner noted that he saw nothing related to bicycle parking, etc., and Mr. Musso explained that this is included in the parking ordinance and Cm Miller felt it might be effective to add words related to bicycle references. At this time the motion passed unanimously. P. C. MINUTES - 7/9/74 Minutes of the Planning Commission meeting of July 9, 1974, were submitted to the Council and were noted for filing. REPORT RE SHARED RECRUITMENT & TESTING (City and County) Mr. Parness reported that a county wide project has been under way for the past year which is financed by a federal Inter-governmental Personnel Act grant to study methods of conSOlidating efforts belng practiced individually by each of the separate 13 public jurisdictions in Alameda County on recruiting, testing and selection of governmental employees. A consolidated plan has been devised which provides for the sharing of recruiting and testing costs among each of the partici- pating agencies at a cost of approximately $1,000 estimated cost to our City per year. It is recommended that the City Council adopt a resolution authorizing execution of the agreement. Cm Tirsell commented that she would like the process explained and Mr. Parness stated that the consortium that will be formed by virtue of the agreeement will have the County serve as the mechanical agency to perform the recruitment, the acceptance of applications and the testing as well as the establishment of eligibility lists. Due to the Affirmative Action laws we must have valid tests available and we will be able to call the County and ask for an eligibility list for the classifications that will be covered under this program and they will try to arrange the people by preference, geographically, and we can be assurred that the people on the eligibility list have been processed properly and are qualified. There will be a continuous eligibility list for all classifications, as follows: CM-28- 263 July 22, 1974 (EmploYment Procedures) Airport Service Attendant Animal Control Officer Engineering Technician I Groundsman-Gardner I Greenskeeper Maintenance Worker I WPR Operator Trainee Mechanic I Cm Tirse11 asked if this will be a continuous list that anyone may be added to by taking the test and Mr. Parness explained that there will be regular intervals of testing and that there will be a con- tinuous list. Mr. Parness indicated that he is a little hesitant and is not entirely sold on the program as yet but feels that it is something new that we will have to be getting into more and more and particularly with respect to pOlice and fire personnel which will be added in time. He pointed out that the Affirmative Action aspect is very important and the assur- ance of the validity of the testing will be done which is something the City would have had to do. Cm Futch asked about the cost compared with present costs for test- ing and Mr. Parness replied that the City's cost, presently, is about $1,200, comparatively, and does not include the time of the personnel conducting the testing. Cm Miller wondered how local people will know when there is a local position available if this is to be done by the County and will the local people be unable to apply for jobs with the City, and also what assurance will there be that local people will receive local jobs. Mr. Parness stated that we will still inform people as to the time and place for testing. It really will not be a procedure which is much different than the present one being used but will allow the City a broader area of recruitment and a more exacting examination procedure. It was noted that it has not been determined as to whether or not the County would advertise openings locally and Cm Miller felt this should be a condition of the agreement. Mr. Parness also mentioned that if the City is not satisfied with the eligibility list it can be rejected and be done by the City; however, he feels that experience will prove that it will be a very satisfactory arrangement with higher quality of personnel. Cm Turner wondered if the agreement couldn't be delayed until some of these things are worked out and also if it would be possi- ble to read a draft of the agreement. Mayor Pritchard suggested that the contract be conditioned upon requiring that there be local advertising. Ebert Lounsbury, 1787 South Vasco Road, felt that in most cases there are city residency requirements for fire fighters and police officers and that also the agreement would take the hiring of its own people out of the jurisdiction of the City. He felt it would not be very difficult to administer a test that would be acceptable to the federal government or any other governmental agency and in the final analysis, a test that would comply with federal regula- tions should not cost $1,000 a year. He felt it would be hard to depend upon a person's regular attendance at work if he must drive from another city to Livermore and that also it is already very difficult for young people to find work locally and this will be adding a handicap to their finding work because they will have to be screened through County people. (~ I \ \ CM-28- 264 July 22, 1974 (Employment Procedures) Cm. Tirse11 asked where the testing would be done and Mr. Parness advised that it would be done throughout the county. Cm Tirse11 asked if we could request that the testing be done locally, and he felt that testing could be done locally. Cm Tirse11 moved that the Council adopt a resolution authorizing execution of agreement with the con- sortium, contingent on assurance of local advertising and local test- ing. Motion was seconded by Cm Miller and approved unanimously. RESOLUTION NO. 120-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (COUNTY OF ALAMEDA, ET AL) RECESS AFTER A SHORT RECESS THE r4EETING RESUMED WITH ALL COUNCILMEMBERS PRESENT. PROPOSED ORDINANCE AMEND- MENT RE DANCES An amendment to the dance ordinance section of the City Code was was drafted by the Police Chief, and at the request of Cm Futch that significant changes be listed, together with any justification for the changes, a report was prepared by Captain Essex. Mayor Pritchard asked the Counci1members if they were satisfied with the report. Cm Turner remarked that there seemed to be no mention of loitering outside the danceha11, and Mr. Parness replied that there is an exist- ing loitering ordinance which he felt to be quite adequate. Mr. Engel added that the Police Department had sufficient authority to prevent that without spelling it out in the ordinance. Cm Miller questioned why it was necessary to regulate the size of the dance floor, and Mr. Engel stated it was a requirement suggested by the Police Chief, and he could not explain the reason. Cm Miller felt this would be an over-regulation. Cm Miller felt the regulation which would allow the Police Chief to revoke the permit or stop any dance in progress could be open to abuse. Mr. Engel explained that the argument for that is in the event a public dance is being conducted in violation of the ordinance or any laws, those standards are built into the ordinance. Mr. Parness added that perhaps the Council should allow some discretionary rights to the police authority, however Cm Miller felt that the Police Department already had that kind of author- ity. Mr. Engel stated the ordinance goes beyond that because it is talking in terms of any public dance conducted in violation of this ordinance, and this would broaden his authority to stop a dance in progress based on this ordinance as well. Cm Futch stated he was not sure what public dance means and wondered if this meant dances a church might have, private clubs or in homes, or where the dividing line was. Mr. Engel replied that it is subject to some interpretation, but a home would not be a place where the public would be in admission, but it could be applicable to a church dance. Cm. Futch felt this would be too much of a burden for a church if they must apply for a permit. Mr. Engel stated they apply for a permit now, but there is an exception clause which provides that no permit be required for a dance authorized by public education or recreational officials, and this could be broadened to include churches. Cm. Futch also questioned the regulation on hours as he felt it a dance was being held out somewhere and was disturbing anyone, it should make no difference. Mr. Engel referred to a clause regarding special permission which would cover that situation. CM-28-265 July 22, 1974 (re Dance Ordinance) Cm Tirsell pointed out 7A.9 referred to immoral dancing and commented that a minuet might have appeared to be immoral in 1750 and thought that section to be a bit restrictive and felt disorderly conduct covered this. Cm. Miller suggested that since there have been a series of objec- tions by the various Councilmembers, that these be submitted to the Police Chief and perhaps he might revise some of the sections or give more concrete justification. /~ Cm Futch moved that the ordinance as proposed be referred back to the Police Chief with the Council's concern; motion seconded by Cm Miller. Paul Tull pointed out that the regulation concerning the hours would coincide with the hours for serving liquor, which he felt to be proper. Cm Turner asked why the need for a dance ordinance other than for regulating places of business that normally derive a profit from this such as a tavern, and would like a comment from the Police Chief on this point. Cm Tirse1l felt this was very pertinent to know if there was a need to regulate places other than commercial uses. Cm Tirse11 asked if other disturbances that occur, not in commercial places, would not come under the category of disorderly conduct. URGENCY ORDINANCE RE SEWER SERVICE CHARGES The City Manager reported that because of our affiliation with LAVWMA, it will be necessary to provide proportionately supporting funds for this regional program. An analysis has been made of our funding re- quirements for the new fiscal year and estimates for the 1975-76 fiscal year as well. Next year there will be substantial increases in our budgetary requirements due to our new plant installation being acti- vated by that time. The proposed new minimum rate increases for this year and the next are $3.00 and $12.00 per year respectively. Cm Futch moved to adopt the urgency ordinance, to be read by title only, to establish the new rate for the fiscal year of a $3.00 in- crease in sewer service charge, seconded by Cm Turner, and approved unanimously. ORDINANCE NO. 844 AN ORDINANCE AMENDING SECTION 18.80, RELATING TO RATE, OF ARTICLE III, RELATING TO SEWER SERVICE AND USE CHARGE, OF CHAPTER 18, RELATING TO SEWERS, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE INSULATION Cm. Miller moved to introduce the ordinance to reflect the require- ments for attic insulation and exhaust fans by the following amend- ments. Cm Miller added that the Council should be more specific about this particular City, and would add the words, "this particu- lar" instead of just "City", and Mr. Engel asked if "City of Liver- more" would be better and Cm Miller agreed it would be, after "summer temperatures", in the third paragraph. In item (c) page 2, the $12,000 assessed valuation means that the full cash value of the house is $48,000 and that this should be lithe market full cash value as determined by the assessor" rather than the assessed valuation. CM-28-266 July 22, 1974 (Insulation Ordinance) em Pritchard explained that if the full market value is increased by a factor of four it would be best to reduce (c) to $3,000. em Miller stated that it also should be, "as determined by the County Assessor of Alameda County. ", because this ordinance was obviously written for a general case. The second stated that the amendments would be acceptable. Cm Futch pointed out that the standards are not included and it was explained by Mr. Engel that the standards would be forthcoming. Cm Futch then commented about the enforcement of the ordinance and noted that at one time it had been mentioned that on changing ownership, the insulation standards would be required to complete the transfer of ownership and it is his understanding that something different is being proposed and asked for an explanation. Mr. Engel explained that the Building Department will know that this is in effect and will incorporate it in their inspection during the time of ownership change. Mr. Parness added that this will impose a tremendous inspection burden on the Building Department because he understands that there were 800 residential building reports already this year for houses changing ownership already this year. There was discussion regarding enforcement of the standards and Cm Futch suggested that perhaps an inspection would not have to be required for homes changing ownership if they have been approved by F.H.A. standards and are financed by F.H.A. Cm Miller stated that if there are 1,600 homes changing ownership a year it means that lO% of the homes in Livermore will have changed hands this year if the projection is carried out and in not too long a time a large fraction of the homes will have been inspected and once they are inspected there is a notation that goes down on the record for that structure. It was suggested that perhaps if the fee for inspection was increased from $5 to $10 it would allow another man for the Building Department, if the inspection load is expected to be greatly increased. em Turner stated that he is concerned about the attic fan require- ment as he feels it is requiring more than what should be required in regulation standards although he would agree that it probably is the most effective thing that can be done to conserve energy and in cutting the cost of air conditioning. He suggested that perhaps this should be the option of the owner of a home. Cm Tirsell commented that the owner will never take it upon himself unless it is required, and Cm Miller pointed out that there are all kinds of requirements, each one of which one could say it could be left up to the owner - if he wants an unsafe building, let him have it. This is the reason for all of our regulations. Cm Turner commented that he feels this is not really the same thing. /--- Mayor Pritchard stated that this is really an amendment to the Build- ing Code and that there are a lot of things in the Code that are arbitrary but generally decisions are made on the basis of the health safety and welfare of individuals and the reason they are required. Glen Dahlbacka, 1138 Aberdeen, asked what types of things residential building records are given for and Mr. Musso explained that this is given for the sale of residential property two years after the issu- ance of a building permit and also for property that changes ownership. CM-28-267 July 22, 1974 (Insulation Ord.) Mr. Dahlbacka noted that the new performance standards are higher than those previously required by F.H.A. so on that basis, to what level are existing structures going to be insulated in their attics? He stated that he would propose they should be insulated to the performance stan- dards the state is going to require as of February 22, 1975. Cm Futch stated that he would agree with this suggestion if one is referring to a home that has no insulation; however, if you are speak- ing of a home with four inches of insulation and the new standards require five inches of insulation it might not be reasonable to re- quire the five inches. Mr. Dah1backa felt the ordinance is a little ambiguous because it is possible to interpret it to mean that existing residences must meet all the standards but specifically only the attic standards must be met. Also, he felt it would not be unreasonable to require a $10-$15 inspection fee. He felt there were various ways a short-term effort could be attained in inspecting the homes and suggested that students taking vocational courses be allowed to help with the inspec- tion. Henry Bettencourt, realtor from Castro Valley, asked that the Council specify as to who pays the inspection fee and the insulation and it was explained that these types of items are negotiable between the buyer and seller. Mr. Engel reviewed with the Council the changes outlined by them previously and suggested that it might be necessary to submit a change to establish some standard for the attic fans and that per- haps something should be said about a fan that would have to be of such a nature as to make possible the minimum use of the air cool- ing system - it is a standard but may not be enough of a standard. Since there is no minimum standard maybe there should be a further amendment to the effect that sUbject to standards to be adopted for attic fans and amend the earlier part to require standards for attic fans. At this time the Council voted unanimously to introduce the ordinance, as amended, which was read by title only. Cm Futch stated that he intended to make a motion relative to an increase in the building inspection fee; however, he would rather get a recommendation from the staff as to what the fee should be increased to. ORD. RE FOOD VENDING VEHICLES - ICE CREAM TRUCKS Cm Miller moved to adopt the ordinance related to the Municipal Code amendment on food vending vehicles, seconded by Cm Turner. Cm Turner stated that he has received more calls relative to the ice cream trucks and that is that people have been told the ice cream trucks may no longer have any music at all and suggested that the City Manager draft a letter to the owners of ice cream trucks in the City of Livermore with respect to the intent of the ordinance, and the staff was so directed. At this time the motion to adopt the ordinance passed by unanimous vote. CM-28-268 July 22, 1974 (Food Vending Vehicles) ORDINANCE NO. 845 AN ORDINANCE AMENDING CHAPTER 9A, RELATING TO FOOD PREPARATION AND DISTRIBUTION OF FOOD, BY THE ADDITION OF A NEW ARTICLE, ARTICLE VII, RELATING TO FOOD VEND- ING VEHICLES. ~mTTERS INITIATED BY THE STAFF ( re AB 172 3 ) Mr. Nolan, the Finance Director, reported that at the Finance Officers Department of the League of California Cities recent convention, the matter of authorizing cities to invest in commercial paper which ,qas voted against by the finance officers; however, this was reversed by a vote of the Resolutions Committee. r1r. Nolan stated that he feels cities have adequate investment opportunity at present and there would be some risk involved in this proposal adding that this City would probably not be affected by this legislation because it really is designed for larger cities having about $8 million in their treasury at the end of the year. Also, the matter is optional - a city will not be forced to invest. Cm Turner stated that the real reason he wanted to discuss this bill was to point out the risk factor and would like to go on record as not supporting the measure and so moved, seconded by Cm Futch which passed 4-1 (Cm Miller dissenting). Cm Miller explained that he would vote against the motion because the investment would be optional and not mandatory and feels as many options as possible should be left open. (Resolution Condem- ning McCormick Property) Mr. Engel asked that the City Council pass a resolution of convenience and necessity authorizing condemnation of the ~cCormick property for our reservoir purposes, so moved by Cm Hiller, seconded by Futch and passed unanimously. RESOLUTION NO. 121-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE AND A NON-EXCLUSIVE PERPETUAL EASE- MENT AND RIGHT-OF-WAH WHICH THE CITY COUNCIL HAS DETER- MINED ARE REQUIRED BY THE PUBLIC INTEREST AND NECESSITY FOR RESERVOIR AND RELATED PURPOSES INCLUDING APPURTENANT UTILITIES, SAID REAL PROPERTY LOCATED 3,700+ FEET NORTH OF I-SaO AND 1,000+ FEET EAST OF DOOLAN ROAD, IN THE COUNTY OF ALA~EDA, STATE OF CALIFORNIA. (Housirq for Census Takers) Mr. Parness reminded the Council that there is a census to be taken soon and it will be necessary to provide some office space, and asked for some direction from the Council for possibly housing them in the old police building. Cm Futch asked if the City is required to furnish space for them and the staff indicated that we are responsible for housing (office space) for the period of time it takes them to complete the census. There was discussion regarding the City's liability for these people and Mayor Pritchard felt they are probably covered under Workmans Compensation. CM-28-269 July 22, 1974 (Census - Office Space) Mayor pritchard moved to allow the City Manager to house the census takers in the old Police Building, seconded by Cm Futch which passed 3-2 (Cm Miller and Turner dissenting). (LARPD Discussion re Gelderville) Cm Futch stated that LARPD plans to have a discussion at their meeting regarding their position on Ge1dervi11e and would suggest that someone from the Council be present to state the Council's case. Mr. Engel replied that the EIR has been submitted on Ge1dervi11e and feels that from our standpoint it is perhaps a favorable EIR and that perhaps the City should make a response in writing. Cm Futch stated that the first meeting has been set for August 12th and suggested that perhaps it would be desirable for the City Mana- ger to make a presentation such as was done for LAFCO. Cm Tirse11 stated that she has heard that the County staff has recommended denial but nobody from the City staff could substan- tiate the rumor. ADJOURNMENT There being no further Council business, ~ayor Pritchard adjourned the meeting at 11:20 p.m. to an e~ecutive session for the discussion of an employment situation as well as various appointments to com- mittees and boards. /fkA~r/9~~ APPROVE ATTEST ~~" ~-L/~ Deputy CJ.ty C1er Livermore, California ~, ( \ i CM-28-270 Special Meeting of July 29, 1974 A special meeting called by Mayor Pritchard was convened at 7:10 p.m., Monday, July 29, 1974, in the Municipal Court Cham- bers, 39 South Livermore Avenue. PRESENT Those present were Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard; no members were absent. The purpose of the meeting was a special executive session for discussion of the following items: 1. Employment of a municipal officer - City Attorney 2. Labor relations The executive session was adjourned at 7:50 p.m. to be resumed immediately following the regular meeting. Regular Meeting of July 29, 1974 A regular meeting of the City Council was held on July 29, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:02 p.m. with Mayor Pritchard pre- siding. ROLL CALL Present: Cm Turner, Miller, Futch, Tirse11 and Mayor Pritchard Absent: None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Counci1members as well as those present in the audience, in the Pledge of Allegiance. MINUTES - July 22, 1974 On motion of Cm Miller, seconded by Cm Futch and by unanimous vote, the minutes for the meeting of July 22, 1974, were approved, as amended. Prior to the vote Paul Tu11 stated that he made comments at that meeting which were not included in the minutes. OPEN FORUM (re Holm Well Park Flea Market) Ray Walters, Co-chairman of the Holm Well Park Committee, stated that they would like to obtain approval for a variance from a restriction on zoning use permits they have tried to obtain from the Planning Department for conducting a flea market. He explained that last year they held a flea market and were within 20 feet of residential units but that the ordinance requires that they not be closer than 200 feet to residential dwellings. If they cannot be closer than 200 feet, it means that they could only use half of the land. He then illustrated the site on a map indicating the area they would like to use and stated that a petition was circulated among the neighboring residents who voicec no objection to the suggestion of a flea market being held on August 4th and that only a few could not be contacted. He requested that they be allowed the variance on the 200 ft. limitation. He added that they al- ready have approximately $300 into the project and if they cannot use all the area they may not be able to hold the flea market. CM-28-27l gu1y 29, 1974 (re Flea Market) Mayor Pritchard commented that it should be understood that the proceeds from the flea market will be going towards the develop- ment of the Holm Well Park and asked Mr. Musso if this requires a zoning use permit. Mr. Musso stated that he granted the zoning use permit and in the permit is the condition that they must remain 200 ft. from the residential property. Mr. Walters had mentioned that they received the notice just last Thursday and it is a little late for them to change their plans at this time and Cm Futch wondered when the permit was applied for and Mr. Musso stated that as he recalls it was about a week ago Friday and that no action was taken on the application for about three days. Cm Futch then asked Mr. Walters to point out the location of the homes for which a signature was not obtained and it was noted that all of the homes which back up to the proposed flea market area have agreed to it with the exception of one homeowner who was not contacted. Cm Miller felt the condition probably applies to commercial flea markets and,Mr. Musso indicated that this is not true, as it does not speak to flea markets, specifically, but deals with assemblages of a large number of people and vehicles which was interpreted to mean that a flea market would be acceptable with the specified conditions. Cm Turner moved that the variance be approved based on the follow- ing findings: 1. That the results of the flea market would clearly be a benefit to the City. 2. The flea market will not be held for personal gain. 3. It would not be a group enjoying special privileges. em Miller suggesting adding another finding which is that it would not have adverse effects on the neighboring properties within 200 ft. since they all signed the petition, which em Turner accepted as a fourth finding. At this time the motion was seconded by em Miller who asked about the mechanics for doing this and Mr. Engel explained that this matter is taking a Council instituted appeal from the action of the zoning administrator in designing the minor infraction of variance and this is the next regular meeting following the fil- ing of that appeal and the basis on which the Council is acting. The motion passed unanimously. (re Expanded Agendas) Paul Tull, representing the American Taxpayers Union, stated that there are 29 expanded agendas going out and knows of where nine copies are going and wondered about the other 20, and was told by the Mayor that Mr. Tull should check with the City Clerk re- garding the matter. Mr. Tu1l stated that as an interested party regarding taxes and the conduct of the City Council in spending these taxes, the American Taxpayers Union would like a copy of the expanded agenda. CM-28-272 July 29, 1974 (re Expanded Agendas) Cm Miller stated that he would also like to know the people who are receiving copies of the expanded agenda and the Deputy City Clerk explained that there are 18 copies; 5 of which go to the Council, 7 to Department Heads, 4 to newspapers, 1 to the library and 1 at the podium. Cm Miller noted that the library receives its copy on Friday night, along with delivery of other copies and that at present there are no organizations which receive copies. He then explained that due to the expense of supplying expanded agendas and as to which organiza- tion should receive a copy, he suggested that organizations and private individuals not be allowed to receive copies, and the Council, some time ago, agreed that these agendas be restricted. Mr. Tu11 stated that he is sure there are many organizations that would be willing to pay the cost of printing copies for their agenda and could be billed annually for the cost of a weekly expanded agenda and Cm Miller stated that this would be a decision that would have to be left to the staff and the cost determined by them. Mr. Tu11 stated that it costs ~~ a copy and for 40 sheets of paper the agenda would be a cost of 20~. CONSENT CALENDAR Resolution Denying Claim for Damage The following resolution was adopted denying a claim: RESOLUTION NO. 122-74 A RESOLUTION DENYING A CLAIM (Marsha Kelly) Resolutions (6) Auth. Levies Placed on Tax Rolls The following resolutions were adopted authorizing special Assessment District levies to be placed on tax roll to be collected by County of Alameda as follows: RESOLUTION NO. 123-74 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Northern Sanitary Sewer Assessment District No. 1962-1) RESOLUTION NO. 124-74 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Northern Water Assessment District No. 1962-2) RESOLUTION NO. 125-74 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) CM-28-273 July 29, 1974 RESOLUTION NO. 126-74 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Lincoln Shopping Center Assessment District No. 1963-1) RESOLUTION NO. 127-74 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Portola Avenue Assessment District No. 1966-2) RESOLUTION NO. 128-74 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA. (Murrieta Boulevard Assessment District No. 1967-1) Resolution re Appts. to Beautification Comm. The following resolution for appointments to the Beautification Com- mittee was adopted. RESOLUTION NO. 129-74 A RESOLUTION APPOINTING TIM CODY AND WES NELSON TO THE BEAUTIFICATION COMMITTEE Annual Training Report (Police Department) A report was submitted by Chief of Police, Lindgren, regarding the 1973-74 training given to the Livermore Police Department which in- dicated that of the $30,000 spent for training, only $5,000 of this came from tax money and that the rest was paid through the Peace Officers Standards and Training fund of the State of California. Minutes of Housing Authority - 6/25/74 Minutes were received for the Housing Authority's meeting of June 25, 1974 and were noted for filing. Payroll & Claims Dated 7/26/74 There were 157 claims in the amount of $467,672.53 and 304 payroll warrants in the amount of $547,430.56, dated July 26, 1974 for a total of $547,430.56, approved and ordered paid by the Director of Finance. APPROVAL OF CONSENT CALENDAR On motion of em Futch, seconded by em Turner and by unanimous vote, the Consent Calendar was approved with the deletion of Item 2.5 concerning the Bicentennial Committee which was removed for later discussion at the request of Cm Miller. Prior to the vote Paul Tu11 stated that he would like to make comments regarding the Consent Calendar and was told that his time allowance had nearly expired which was followed by discussion of the new time restriction for sneakina rule. CM-28-274 July 29, 1974 COMMUNICATION FROM JAYCEES RE CITY FINANCIAL SUPPORT OF ANNUAL RODEO PARADE Discussion of whether or not the City will continue to match the funds provided by the Rodeo Association for the annual rodeo parade was postponed from the meeting of July 15th in order that the members of the Livermore Stockmen's Rodeo Association might have the oppor- tunity to address the City Council on the matter. Over the past several years the Rodeo Association has made an annual contribution of $1,200 for this event and the City has matched this sum. Mayor Pritchard stated that he would like to explain that contrary to an article written in one of the local newspapers and contrary to what some people may have said, the Livermore City Council is not planning to discuss disbanding the Livermore Rodeo or any part of it and that the Council, without exception, is very happy that the Livermore Rodeo is here and part of our community. The only discus- sion scheduled at this time is whether or not the City will continue to provide funds for the rodeo parade put on by the Livermore Jaycees. The tight money situation has necessitated discussion regarding spend- ing of City money in various areas and which organizations would be allowed to receive City funds. Last year there were no guidelines set for funding organizations and the City ended up handing out money to various organizations, nearly weekly, towards the end of the fiscal year due to the fact there were no guidelines as to who should receive funds. The Council discussed, during the budget session, whether or not monies should be given to committees or organizations not offi- cially recognized by the Council. The Council will probably come to a decision as to whether or not the Livermore rodeo parade is an officially recognized function to be funded. Kenneth JOhnson, President of the Livermore Jaycees stated that he noticed on the agenda that the Council is expecting a report from them and they weren't aware of this so there is no report; however, they are present to speak to the Council and noted that they are definitely interested in continuing with the rodeo parade. em Tirsel1 asked if Mr. Johnson could give some "ball park" figures of how the $1,200 generally donated by the City, is spent. Mr. Johnson replied that most of the money donated by the City goes towards cash prizes and trophies. em Miller stated that he would like to summarize the discussion which took place during the budget session, explaining that the Council concluded money would not be provided for private groups which are not official City committees or commissions and this is a clear cut. case, in his opinion, of where the line should be drawn with respect to use of tax money for the support of group activities. As discussed last time this matter was brought up, it was felt that if we are going to spend money for parades, it would be a far better expenditure to support a parade which consists wholly of Livermore citizens, such as the 4th of July parade was, than one which is relatively commer- cialized and has a lot of out of town entries. He went on to say that the rodeo parade is not a community affair where all entries are local, and furthermore, the Jaycees and Rodeo Association are not official City commissioned groups and it would seem unwise to provide money for their functions. There is money available through the Rodeo Association since they make a profit on the rodeo, so it would seem reasonable that they support the parade. The City has not always funded a portion of the rodeo parade; this is fairly recent. For many years it was supported by the Rodeo Association or by the Chamber of Commerce, or both, and it would appear that we have gotten into something we should never have gotten into and would suggest that we not continue City financing, even though he would like to encourage CM-28-275 July 29, 1974 (re Funds for Rodeo Parade) continuance of the rodeo parade. He then moved that the City no longer subsidize the rodeo parade because it is not put on by a City sponsored or commissioned committee, seconded by Cm Tirse1l for discussion purposes. Cm Tirse11 stated that she, too, is a fan of the rodeo parade but looking over the expenses that are involved, i~ appears that the City does, and always has, supported it not only for trophies and prizes but there are costs that have never been mentioned and that the City has borne every year, that we do not show as a bud- get item, but we do because we support the rodeo parade in this amount of money. Our Police Chief has given her a figure of $372 of personnel expenses for the parade, it costs Public Works $336 for cleanup, special preparation comes to $400 and special cleanup after the parade amounts to $300. The total amount is a very real sum in our budget and yet it is not budgeted for, specifically, in our budget. This in every way indicates the Council's support of the rodeo since these legitimate charges could be charged to the parade itself; however, the Council did not wish to budget it and charge it to the parade and for this reason would support Cm Miller's motion and would hope that the Rodeo Association will realize that this City is facing some severe financial situations and perhaps the Rodeo Association can find funds amongst the profits they derive from the rodeo for the parade. Cm Turner stated that in his opinion the wording Livermore Rodeo implies~that it is a City sponsored rodeo and that the total bene- fit comes to the City of Livermore - to the merchants and the people. He would like to see the City fund the event this year but also because of the tight money situation would like to have the opportunity to talk to the Jaycees about the possibility of a fund raising program that might offset the costs of the parade. He stated that he will not vote for the motion as it stands be- cause he would prefer to support it for one more year. Mayor Pritchard stated that he also intends to vote against the motion for several reasons but the most significant reason being that he feels this Council can say that this is a City sanctioned activity - not only by saying so but by actions of the Council in the past. The annual rodeo parade is something people look forward to all year long and it is City wide and he feels it is something everyone in town benefits from as much as the fireworks display held on the 4th of July. He feels this would be the time for the Council to say that it is an officially sanctioned civic activity and will therefore vote against the motion. em Futch stated that he also, certainly, supports the idea of the rodeo parade but feels that the Council adopted a policy which was considered sensible: to try to cut costs to various organizations not officially a part of the City. The real costs that have been brought up for the cleanup, pOlice, etc., is a contribution that the City is making. He felt he could not support the cost for the trophies; however, as this is something that could be provided by businesses and Rodeo Association. He would encourage continued support of the cleanup and police services. Ron Gillette, 844 Cherokee Drive, asked about various costs and Mr. Lee commented that he does not have an itemized list but there are costs such as directional signs, barricades and the cost of placing them and removing them. Cm Miller commented that as Cm Tirsel1 pointed out the City already contributes a substantial amount of money towards the rodeo and City services provided and is a part of the budget for the Police CM-28-276 July 29, 1974 (re Funding Rodeo Parade) Department and Public Works Department and others involved and that this is a reasonable expenditure of money for the support of the rodeo. It was noted that the motion speaks only to the cash subsidy of the rodeo. Joe Serpa stated that the merchants receive money from people who come to the rodeo parade and the rodeo and that the City, in turn, receives money back in taxes and Cm Miller explained that the mer- chants doing the most business are those who operate bars and that the City receives no revenue from bars. At this time the motion passed 3-2 with Cm Turner and Mayor Pritchard dissenting. Mayor Pritchard explained that passage of the motion means that the City will not give direct funding in the way of cash to the Jaycees for sponsoring the parade and suggested that members of the Jaycee meet with members of the Council to determine if there is a way fund- ing of the parade can be worked out so that the parade can continue. APPEAL RE DENIAL OF VARIANCE - FRANK W. JUDGE A variance for reduction of street frontage from 30 ft. to 5 ft. was submitted to the Planning Commission by Frank W. Judge and was denied. Mr. Judge has appealed the matter to the City Council and explained that he would like to review the letter he has recently received from the Planning Commission as well as advice from his attorney and request- ed a continuance of the item, if possible, to August 12th. Mayor Pritchard explained that the Council normally does not allow last minute cancellation of items but inasmuch as there appears to be no inconvenience to anyone he would entertain a motion to continue. On motion of Cm Turner, seconded by Cm Miller and by unanimous vote the matter was continued, as requested. REPORT RE WATER RECLAMA- TION PLANT BID AWARD The City Manager reported that the matter of the water reclamation plant bid was postponed from the meeting of July 22, to allow CAL-TRANS the opportunity to make a statement regarding its intentions for a con- tractual commitment on the use of our effluent waters. Their statement has been received and the City Council has received a copy of it. Writ~ ten notice has also been received from the State Water Resources Board of their approval of the federal offer and acceptance on our project in the aggregate sum of $5,295,893. This constitutes the amount eligi- ble for federal-state reimbursement. The one remaining contingency was with the availability of the reservoir site. Condemnation proceedings have been started and our City Attorney's office believes that a court order can be obtained for a right of immediate possession upon three days following a hearing. The contractor has agreed to a delay, in this event, until August 23, pending our acquisiton of the property either by negotiated sale or court order. It is recommended that the City Council adopt a resolution authorizing execution of agreement and award of the bid. Mr. Parness stated that late this afternoon we have had, handcarried from Sacramento, the final grant agreement from the state which has been signed. The dollar amount that is inclusive, therein, does not CM-28-277 July 29, 1974 (Water Reclamation Plant Bid Award) include the water reservoir; however, there is an attachment to the agreement which says that the grantee will consumate a formal contract with the Division of Highways for the use of water from the reclaimed water reservoir prior to completion of the construction of the project or the grantee will bear the entire cost of the reclaimed water reservoir. Upon consumation of said agreement the eligible cost shall be increased in the amount of the reservoir and appurtenances as shown in Schedule A. This provides for us to have the eligible grant amount increased by such a sum. There is a formal statement attached to the agenda from CAL-TRANS which I think clearly specifies that they will execute the agreement whenever it can be cranked out by their legal office. As to the acquisition of the reservoir site, it is in process. The City Attorney met just today with the property owner - we are proceed- ing with eminent domain and he is preparing to file those papers, soon, with the property owner, upon their issuance by the court, which will give us the right of immediate possession, upon the requisite time having expired. The contractor has stated, by formal letter, that an extension of one month will not cause any liability, financial, or otherwise to be assumed by the City in the acquisition of that site and I'm assured that a one month term is adequate enough for us to obtain legal title to the property. All of the contingencies, I think that were announced to you last week, have been met. .' em Turner stated that it is his understanding we still have to award the contract by August 3 which Mr. Parness stated is correct and em Turner commented that the contractor really hasn't given us any- thing. The way he understood it is that the contractor would give us a 30-day extension before we had to award the contract and make a decision. Mr. Parness stated, no, it is absolutely critical to the contractor that the contract be awarded, as it is with the EPA and the Water Resources Board. Cm Miller asked if~.we have total confirmation from the EPA as to their approval, in writing, and Mr. Parness stated that we do, and Cm Miller asked that he be allowed to review the written confirmation. Mr. Engel explained that the original title search which we received apparently described the wrong parcel. We ordered a new search with the right description. As to Obtaining the right to use the pro- perty,you must first file the action and obtain an order of immediate possession. There is a time lag between the time it is filed and the time possession is actually obtained - it is not a three day lag, but three days after the papers are served on the owner. Mr. Engel stated that he had talked with Mr. McCormick today and he says he is cooperative. Mr. Engel stated he would arrange to mail the papers to him in Santa Cruz and he will accept service. It is his understanding that the sisters here in town will also cooperate and will provide no difficulty in serving. Based on this, the City should acquire possession and use three days after service is completed in this manner. That is not tying it down and is not very conservative but under the circumstances, it is a reasonable position. Cm Miller asked if Mr. Engel is satisfied that we are no longer at risk and Mr. Engel replied that he cannot say we are no longer at risk until we have title in hand and all conditions have been met. Cm Miller stated his concern about the $300,000 and would presume that the letter from the contractor, plus the condemnation will ultimately resolve the reservoir property, but there is no mention in the letter about the $300,000 and Mr. Parness explained that it is mentioned on the last page of conditions set out by the state. CM-28-278 July 29, 1974 (Water Reclamation Plant Bid Award) em Miller remarked that the condition states if the agreement is consummated then the eligible cost will be increased. If the High- way Department decides at the last minute they are not going to go then the City is stuck for $300,000. Mr. Parness explained that Cm Miller's statement was correct and we will have to rely upon the commitment from the second in charge of the San Francisco office that they will execute the agreement. They have been working with our staff now for about six months on this and finally all of its conditions have been resolved, orally. It is just a matter of getting the document prepared. The only alternatives would be to not award the contract or deleting from it the reservoir part, which he felt would be a terrible error. Cm Futch asked why the reservoir part was $300,000 and if that was the construction cost of the reservoir itself, and Mr. Lee explained that it may be in excess of $300,000 and what they were talking about was the cost of the reservoir and the pipelines leading to it, and the grant portion is a percentage of that, so the cost is over $300,000. Mr. Lee further stated that everything is covered in the agreement with EPA and there does not appear to be any question about getting an agreement with the state as they have given us a letter of intent. We can reach an agreement with the state as it is certainly to their advantage as they can get this water at a great deal less cost. Cm Futch asked when we expected to get the formal document and Mr. Parness replied it should be within a month of two. Mr. Lee added that the City Manager mentioned the options however there is not an option to break out the reservoir and that part. According to the consulting engineer, they are entwined in the plans and specifications and we could not make that decision tonight to breqk that out. There are parts of the plant that support the reservoir and the pumping system and it just would not be practical to break it out. Cm Turner stated it made him very nervous to know that it took two years to get a formal agreement; what if it takes two years to get a formal agreement from the state. Mr. Parness replied that we already have an Q~al agreement which has taken something like six months to obtain on a very stringent set of conditions. Mr. Lee added that we have until the end of the project to get the agreement with the state. We could take three or four months, if necessary and we wouldn't lose a thing. Cm Miller commented that he, too, felt uneasy as he did not like the loose ends aspect of the matter. On the other hand he would vote to award the bid, but very reluctantly, and this would probably be the last time he would vote for anything without having everything locked up first. Mr. Parness explained that there was no alternative but to do it by using the process we did and there wa nothing the staff could have done aifferent1y than had been done. em Miller felt that the project went out to bid too soon, and Mr. Parness stated that authorization was gained by the State Water Resources Board at the earliest possible time because we lost IS months on their part in design and review and we have had to suffer a significant amount of enginel!~ing costs we are going to have to.. buy and that state is not going to reimburse us for it. However it is a temporary loss until such time as those designed features can be installed to the incineration process and high lime process. CM-2S-279 July 29, 1974 (Water Reclamation Plant Bid Award) em Miller stated he was not objecting to that because he knows what happened to us with the state review and the rejection of the high lime process and all the rest of that. But there were these other things that should have gone along in advance and until they are ready, he was concerned about not having everything locked up. Mr. Parness agreed that it was a very real concern, but would have to argue that there was nothing that could have been done other than what had been done. Cm Turner asked if there would be any way in the future if something like this is going to happen again, that they could have some ad- vance warning - perhaps a progress report. Mr. Parness stated he would like nothing better than to put every- thing in its proper form, formally signed, sealed and delivered before coming to the Council and every effort is made to do that. However, in this instance, it could not be done. Mr. Parness asked the Council to keep in mind that the designed feature being added is to the primary benefit of the City, not the state, and that is why the hesitancy on their part to allow it because it is a questionable additive they just don't particularly like and having it qualify for a matching grant. We are getting 87~% paid for by them and we had to do a lot of arguing and talking to convince them of the need for it and the only way they would do that is to see another state agency get some benefit from it. Two months ago we didn't know we were going to get a grant or in what amount. We didn't know they would allow this feature. Mayor Pritchard asked for a motion at this time, and Cm Futch moved to adopt a resolution authorizing execution of the agreement and award of bid. Motion was seconded by Cm Tirse1l. Mr. Nevin McCormick stated he had talked to Mr. Engel today concerning his property and the amount involved, and wanted to emphasize that the amount being offered, they are not pleased with. If there is the possibility of not putting the reservoir on their property, that would be the finest thing that could happen to Doolan Canyon. They would prefer that it be placed elsewhere. Three months ago, when there was discussion about the acquisition of this south property, they thought they would be caught on the short end of the final paYment on this. Now he read in the paper where they are talk- ing about a sum of $5~ million for this particular project, and the amount the City has offered them for their land is absolutely ridi- culous. The first offer was $11,000 for 8~ acres of prime property in a 120 acre parcel; the second offer was in the neighborhood of $14,500 and there was a possibility of an additional offer. Mr. McCormick stated they realize the power of the eminent domain pro- cedure, but he still thinks the property is being taken without con- sideration for their feelings if it is taken for the price that has been indicated, and that is the thought he would like to leave with the Council. Arnold Schindler General Manager for C. Norman Peterson Company, the low bidder on the contract, asked if the motion that has been proposed means the award of the contract in the full amount of their bid of $5,211,000, and was told that it did. Mr. Engel asked about the proposed ordinance amendment regarding sewer service fees and Mr. Lee was asked to respond. Mr. Lee explained that he was not positive just what form the ordinance amendments have to take as there is a new requirement by EPA. There has to be a cost recovery and some reimbursement to the federal government from industries and some of the funds collected CM-28-280 July 29, 1974 (Water Reclamation Plant Bid Award) would be retained for future or present expansions and some would not be earmarked. He stated he does not know precisely how our revenue program, both sewer service charge and sewer connection fee, is going to fit into the final requirement. The Council will be faced with some modifications which he will review, make a report on, send to the EPA and explain what he can do, adding that he does not anticipate there will be a severe change in our fee structure, but we will be faced with that in a couple of months. He felt this is what the City Attorney is concerned about. Mr. Parness stated there is really no alternative to having that ordinance modified. Being a grant recipient we.must institute this revenue recovery program and at the last meeting he had re- ported a 40-40-10 division of the monies, however this figure should have been 50-40-10, which means that 50% of the amounts received must be reimbursed to the federal government over a 30 year span. There is no alternative to the City Council in doing this - it's a matter of what revenue accrual might be used and how much must be cal- culated, and the matter is being presently reviewed. This is a brand new federal EPA revenue program and our City will be one of the first cities or agencies to initiate the revenue return program. Cm Tirse11 wondered if the property to be affected is to be the industrial property surrounding the airport and Mr. Parness ex- plained that it would affect any industrial user of our sewer plant. Cm Futch felt that at the rate we are getting new industry it may not be very practical and Mr. Parness replied that the law does not say we have to return all the money - just 50% of the amount we collect must be reimbursed to the federal government over a 30 year span and it is not mandated that we return 100% of it. Cm Futch asked if we would return 50% regardless of what the fee might be and Mr. Parness stated this would be a reasonable amount. Cm Tirsel1 commented that, in other words, this is like the sewer assessment fee for residents which Mr. Parness stated is correct, but we are not sure of whether or not it can be in the form of a sewer service charge. em Miller felt it would have been nice to know what ordinance changes were necessary prior to gming into the grant and Mr. Parness explained that seminars are still being held regarding this aspect and this is something that could not be answered by the state. Cm Futch remarked that we always seem to come up short when it comes to expansion of the sewer plant. A vote was taken on the motion at this time and it passed unanimously. RESOLUTION NO. 130-74 A RESOLUTION AWARDING BID (C. Norman Peterson Co. Contractors) REPORT RE TENTATIVE TRACT MAP 3607 - ARBOR DEVELOPMENT COMPANY The Planning Director explained that several preliminary study sessions and meetingawere held by the Planning Commission concern- ing Tract 3607, property located south of Murdell Lane and Pearl Drive. The Planning Commission recommended to the City Council approval of the subject map subject to conditions outlined in their staff report. Approval of the subdivision map was made possible by the amendment to the moratorium ordinance of last April, whereby CM-28-28l July 29, 1974 (Tentative Tract 3607) any block reserved for public use that the public leaders decided they did not want could be subdivided which pertains to this par- ticular property and some property owned by H.C. Elliott. After it was determined by the School District that there would be no school in this area the Planning Commission undertook studies to try to work out the problem of the subdivision, particularly with respect to working out a decent park for the area. The original park site was laid out with the assumption that there would be a school and park which would be integrated. There were several alternatives reviewed and the plan favored was Plan No.2, which provided for a street with lots backing Amber Way and Pearl. LARPD did not like this plan because of the amount of street frontage and the neighborhood ob;ected to it because the DeoD1e who bought homes on Pearl and Amber would be deprived of the park they thought they would have, as was their understanding at the time they pur- chased their homes. The Fire Department also expressed concern for proper access. The plan selected was a combination of a couple of plans that would satisfy the developer, which he illustrated. He also illustrated where the park would be located and what had been done to resolve the park problem. It was noted that no public hearing is involved in approving a subdivision map but there was a hearing, in effect, regarding the design. Cm Futch felt the illustration represents an awkward looking park and there must be something, other than that recommended, which could be provided as a park, and Mr. Musso stated that this plan was the only plan felt to be acceptable by LARPD. This was followed by discussion of why the other plans were felt to be unacceptable for one reason or another. Earl Mason of Associated Professions, representing the applicant, Arbor Development Company, reminded the Council that the piece of property was irregularly shaped and the park was already there in a narrow configuration and the property was acquired by the developer in this manner. The Planning Commission recommended that the de- veloper work with the people, and they had meetings with the staff, Fire Department, reviewed the different alternates and then out- lined to the public what was best from a technical standpoint in making the park more usable. This was all done even though the developer had no requirement to go beyond his property line and he could have left the park the way it was and give no access. There is an existing tot lot in the northerly part that is already developed and the people in the Park District made the point they want to keep the ball fields as far from the tot lot as possible. He felt the plan they finally decided upon satisfied 90-95% of the people who attended the meeting. ,em. Turner asked if the developer would sell some of the land for additional park, and Mr. Mason replied he would be willing to sell one or two more lots at the same rate that they would pay park fees. em Turner asked if he would sell at original cost, plus tax, and Mr. Mason stated he felt it to be about the same thing, and they have made an offer to the Park District. The Park District has reviewed the recommended plan and felt it to be adequate. Cm Futch moved to adopt the plan recommended by the Planning Com- mission and suggested it might be appropriate to ask the Park District to consider adding one or two lots; motion was seconded by em Turner. Cm Miller asked if we had a letter from the School District, and was advised that this would be a condition of the final map. em Miller asked about the top soil as he felt it would not be unreason- able to ask that the top soil be replaced on the lots it was taken from. CM-28-282 July 29, 1974 (re Tentative Tract 3607) em Miller moved to amend the motion by making, as a condition of the final map, return of the top soil to the lots; motion was seconded by Cm Tirsell. em Tirsell at this time commended the Planning Commission for the manner in which the planning was done for this tract. Cm Miller added that the developer himself had been very helpful and should also be commended, however he had made the statement he would not vote for any tract map in the City of Livermore until we reach the federal air quality standards. Ultimately every subdi- vision that is added causes more automobile and increases the smog conditions in this valley and ultimately increases our air pollution. Although all the other circumstances of this tract map are as good as any that have come before the Council, he cannot vote for any more tract maps until our air quality reaches federal standards. Cm Turner stated his concern about the fire safety and referred to the letter from Fire Chief Baird which mentioned that consideration should be given to a two-entrance concept. Mr. Musso remarked that if this was done there would be four-way intersections which would make a more hazardous situation. Cm Turner commented that when a letter is included in a matter such as this from the Fire Department, he would like to have a representa- tive from the Department attend the Council meeting. Mayor Pritchard asked Mr. Parness to take this remark as a direction and take whatever action necessary. A vote was taken on the amendment to require return of the top soil to the site, and passed unanimously. A vote was taken on the main motion to accept the Planning Commission's recommendation, and the motion passed 4-1 with Cm Miller dissenting. RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEMBERS PRESENT. SUMMARY OF ACTION PL. COMM. MEETING A summary of action taken at the Planning Commission meeting of July 23, 1974 was noted for filing. REPORT RE BIKEWAYS BROCHURE Over a year ago representatives of the Livermore Bikeways Association discussed, with the City Council, their hopes of having prepared a bicycle brochure which would include a map of existing and planned bike routes, laws, maintenance and safety procedures and other re- lated topics. A draft has been prepared of the brochure which they intend to distribute to all bicyclists, particularly school children. The printing cost would not exceed $2,000. The proposed brochure is considered to be definitely public service in nature and the City Manager stated that it seems justified that the printing expense be borne by the City. em Tirsell felt that we should lobby for proper testing procedures to make automobile operators alert to the increased bicycle traffic CM-28-283 July 29, 1974 (re Bicycle Brochures) and alert them to right and left turns across bicycle lanes. She felt every test should contain a question alerting them to bicycle safety in some way and the manual should include a whole section on bicycle operation and th~ rules of the road, and she would like for the Bikeways Association~initiate this lobbying procedure if possible. Cm Tirsell also mentioned that Palo Alto paints their bicycle lanes a violent green so that it cannot be confused with a traffic lane, and it is working very well. Mr. Lee was directed to write a letter to the City of Palo Alto in this regard. Bob Freis, 1322 Balboa, stated he was a bike rider and called the Council's attention to a dangerous situation that occurs whenever there is a bike lane that goes contrary to the usual traffic pattern such as on East Avenue or Stanley Blvd. Cars coming into the main street and making a right turn do not look to the right, but rather to the left and there is no warning that bicycles are coming in this contrary fashion. He stated there should be more of a warning to motorists approaching the highway from the side streets. Mr. Lee stated there is basic safety problems with putting two-way bicycle traffic on one side of the street that will not be resolved by signing. Bicycles are treated like cars from a legal standpoint and from an operational standpoint function much as cars. The two- way bicycle lanes should be avoided in the future as there is no way to make it really safe. Cm Turner referred to the intersection at Buena Vista and East Ave- nue, stating that you cannot see the traffic unless you pull up into the bike lane, and again suggested that the speed might be lowered to 25 mph. Gib Marguth, 1152 Farmington Way, stated the employees in his build- ing have been concerned about the danger on East Avenue and the bicyclists have learned to fear the intersection on Research Drive. He remarked it is scary for a motorist to have to make a right hand turn from a left hand lane, as people are driving 40-50 mph and cars are right behind and a decision has to be made whether to run into a bicyclist on one hand or have someone climb up on the back end on the other hand. Also coming onto East Avenue, people have to get out into the intersection to see past the trees and on the right there are mailboxes and you cannot see bicyclists sometimes, and he felt it was an extremely dangerous situation. He felt that perhaps there should be stop signs or yield signs for bicycles for their own protection. Chuck Hartwig, 4319 Findlay Way, stated that the Bikeways Association has formulated an opinion to delineate this problem, particularly on westward flow, they have recommended to the County that they pur- chase the additional land on the north side of East Avenue so there could be a bike path to parallel East Avenue on the north side. They also feel it might be advisable to put up warning signs for bi- cyclists, or yield signs, as they travel on the south side of East Avenue as they proceed west. Bicyclists should learn to yield as cars turn south onto Vasco Avenue as well as Research Drive. flue...sr. ~. em Tirsell suggested that until such time as(there are two-way bike trails on Stanley Blvd., that at El Caminit~ and Santa Maria Street there be a yield sign placed on a temporary basis, and Mr. Lee stated he would look into the situation and see what can be done about it. Cm Miller moved that the Council authorize the printing of the brochure by the City, stating he felt it to be similar to the maps which the City purchases from the Chamber. Motion was seconded by Cm Tirsell and passed unanimously. CM-28-284 July 29, 1974 REPORT RE DEPART- MENTAL REORGANIZATION ~~.~ In response to the Industrial Advisory Board's concern for additional administrative staff for the City of Livermore, the City Manager prepared a written report in which he stated that at present he feels the work effort related to industrial and commercial promotion does not constitute a manpower demand singularly but that in time hiring a person for this purpose may become necessary. Included in the report was a list of the l4 department heads and their responsibility for that particular department. Cm Tirse1l wondered if Mr. Parness had received information regarding a similar position for the City of San Jose and Mr. Parness stated that information has been received but he has not had the opportunity to review it, in depth, but noted that the position is not within a community development department but rather a subdivision of the City Manager's office, with several categories and personnel. He noted that he has contacted the City of San Leandro and was told that they do not have an industrial promotion position but rely solely on the Chamber of Commerce and subsidize them quite heavily for this advantage. He has contacted other cities but has not, as yet, received a response. Cm Tirse11 wondered if it would be a good idea to establish a tem- porary position with the understanding that it would develop into a full-time staff position in time, for promotion, and processing of industrial and commercial client applications. Cm Tirse11 stated that she is not familiar with how these people function but it would not be reasonable for the Council to hire someone to for a staff position, at a large expense, and not make them accountable. However, it is entirely possible that the City might hire an industrial recruit- er who is not able to get certain industry to come to Livermore, for one reason or another, in some six months time. She felt it might be reasonable for a person in this position to review with the City Manager appointments and meetings taking place. She stated that she is unexperienced in management and is not familiar with how such a position would be evaluated. In other words, if this person doesn't bring in $20 million of industry would he be fired? What would be considered reasonable performance? The City Manager stated that he feels the temporary position is probably the way to go and that industrial and commercial promotion would be the first priority and as progress is made the Council could determine what additional administrative responsibility could be assumed. Cm Miller felt the idea of hiring someone for industrial promotion is a good idea but would like to reflect upon some of the concerns that have come to mind in considering this proposal: Such a person could push for the desires of the developer by getting around our zoning ordinances, the building inspector and our fees, rather than being concerned about commercial businesses. He stated that he is a little disillusioned with what has happened with our Industrial Advisory Committee which started out with good intentions and ended up by pushing the program of one of our local land developers and being spokesmen for downgrading our ordinances. He added that he does not mean to imply this is done by the majority of the committee. He commented that he is concerned about what might happen in this circumstance unless the ground rules for the operation are laid out very clearly because everyone sees things differently. He is con- cerned about a jOb that may find ways around things considered desira- ble and which protect existing industry. CM-28-285 July 29, 1974 (re Departmental Reorganization) Mayor Pritchard felt one of the main reasons this is being con- sidered is because people have misunderstood what the staff has attempted to do in carrying out council policy. He stated that he feels the staff has never done anything to discourage anyone but there is a certain misunderstanding among people and if some- one is hired for this position it would be to help inform people and help them in every way possible and explain Council policy to applicants. Cm Futch asked if this position is considered something which would require full-time effort and the City Manager explained that in his opinion it would not require full-time application of work efforts and is not sure that it ever would for a city of our size. Even cities which are much larger and conducting very ac- tive commercial and industrial expansion programs do not have full-time people assigned to it. Cm Futch asked where the funds for this position would come from and Mr. Parness stated that we would have to dig further into our reserve but noted that he is somewhat concerned about the position because if someone is hired with industrial and commercial recruitment he may have nothing else to offer as far as input for other allied types of City services and if someone is hired who is schooled and experienced in public administration he may know nothing about industrial recruitment or expansion. Mr. Parness stated that with the salary offered he would hope the City could retain someone with some experience and the person most suited would be one with an affinity for public relations and administration but may now be engaged in some type of Chamber of Commerce work. The type of person to be selected for the position is a very important decision. Cm Tirse1l moved that the Council approve, in concept, a temporary position of Industrial, Commerica1 and Community Development. ~J-. ~ 4J.t/.J.. Cm Mi~~~s~ated that he would be happy ifAcommercial and industrial were~' em Tirsell stated that she would like industrial, commercial, spelled out somehow - Community Development for Industrial and Commercial purposes, and that advertisement for the position not be done until about October 1, at which time a report is expected regarding funds. Cm Futch stated that he is reluctant to adopt the motion before it is known that there will be funds available and that it is a kind of commitment to vote for the motion. There has not been much consideration of the financial situation and he would sug- gest that this be laid out, in detail, before a vote is taken. em Tirsell stated that the money will have to come f~~~ reserve and that there is not money in the budget for the purpose. CUr. re'~l .11__..:1. em Futch wondered what the implication is for this ~ coming out of the reserve and Cm Miller pointed out that the Council would be voting to adopt only in concept. The adoption of the motion would allow the staff to look at a job description and see what the market is. Mayor Pritchard also agreed that adoption of the motion would not be a commitment. At this time the motion passed unanimously. CM-28-286 July 29, 1974 REPORT RE AIRPORT MASTER PLAN AND LAND USE STUDY CONSULTANT CONTRACT The City Manager reported that the City Council has authorized a contractual agreement regarding the airport master plan and land use study consultant; however, the contract was prepared by the City and the FAA has now informud us that the contract form to be used must be theirs. There would be no change, our City Attorney has reviewed and approved the contract and it is recommended that the City Council adopt a resolution authorizing execution of the agreement. On motion of Cm Turner, seconded by Cm Tirse1l and by a 4-1 vote (Mayor Pritchard dis~enting), the resolution was adopted. RESOLUTION NO. 133-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (August W. Compton & Associates) REPORT RE AB 2040 The City Manager submitted a statement from ABAG related to AB 2040, which is a pending legislative matter and recommended that the City Council adopt a motion in support of the present draft of the bill. Cm Miller stated that things have been happening related to AB 2040, and is not so sure the City Council would want to support it. One of the things he is concerned about is the elimination of veto power, taking over the Air Pollution Control District which would destroy the indirect source regulations which should be based on the air quality factor. em Futch stated that it appears they are putting the environmental agencies in with no authority. On motion of Cm Futch, seconded by Cm Miller and by unanimous vote, the discussion was continued for one month. MUNI. CODE AMEND. RE INSULATION STANDARDS Cm Futch stated that it is his understanding that if insulation standards are not followed within six months of the sale of a house or recording of a building it is considered a misdemeanor and wondered if there could be a way for this to be taken care of at the time of ownership transfer. Cm Miller stated that he would agree in that there should be a better way of enforcing the standards before property changes owner- ship. If there are to be changes and the ordinance goes back to the first reading he would like to suggest other changes. In the attic fan requirements there are some standards and in the standards it says that it shall be set to activate at 120 degrees and shut off at 90 degrees and noted that different people recommend different things, so he would suggest that the wording be that it be set to activate at "not more than 120 degrees" and to shut off at "not less than 90 degrees" and that the fan shall have a capability of a complete air change "at least every five minutes" so if a larger fan is provided this would be acceptable and not be so specific as to a fan of exactly the right size. em Futch had moved to introduce the ordinance but inasmuch as it must go back to first reading he withdrew the motion. CM-28-287 July 29, 1974 (re Insulation Standards) Discussion took place between the City Attorney and the Council regarding possible wording for the insulation standards with respect to change of ownership and the amount of the fee for the inspection. The Council moved to the next agenda item to allow the City Attorney time to work on the wording. REPORT RE BICENTENNIAL COMMITTEE (Removed from Consent Calendar) Cm Miller stated that he asked that the matter of the BiCentennial Committee be removed for discussion because it is suggested that the organizational structure and elected officers be submitted to the City Council for confirmation. He stated that the City Council is not appointing members to the committee, it is a self appointed group and not an official City commissioned committee and that he is not willing to approve those selected. He stated that he would like to see the committee continue but feels it should not be sponsored by the City. Cm Turner stated that as he recalls the Council asked Don Bradley to formulate the committee and that the Council would like the opportunity to confirm the appointments. Cm Tirse11 stated that she thought the Council gave direction to the Community Affairs Committee to convene the meeting so it would get started and then the staff would lend support to get it going but it was her understanding the Council specifically did not want it to be a City committee so that it would had broader appeal and which Mayor Pritchard stated was his understanding. Cm Miller commented that there are many civic groups in the community not sponsored by the City but which have City affairs, such as the Jaycees raft race and Cm Tirse11 stated that by the same token they are not expected to keep minutes and make staff reports such as the City commissioned committees. Gib Marguth, 1152 Farmington, stated that, first of all, he and his wife are not self appointed but were contacted and asked to serve as chairmen of the committee. This is a community celebration, a family celebration, and a national celebration, and the only way he would participate would be to have his family act as chairmen of the BiCen- tennial Committee. They discussed the matter and reviewed the types of things considered to be fun and educational as well as inspirational for the community and the people of the community. They talked with others who had been asked to serve in this capacity and they seemed to share the same kind of interest and outlook as to what this will be. They would hope that they can proceed in broadening the scope of the committee and getting more of the community and families in- volved in it. What they now need from the City Council in confirming the committee is not so much official sanctioning but rather to lend its legislative credence and support in that it is an official committee in communicating with the state and national committees. There is a lot of merit in trying to do things for the community that do not cost money but rather involve time and personal involvement and this is also the type of thing they would like to pursue. There will be costs in the way of staff time but at present it is not known what will be needed in the way of funding, if any, and it is not known what the program will be. At this time the only thing they request is that they be allowed to proceed with the committee and getting all of the newspapers involved and would hope that it touches the lives of everyone in the community and would like the Council to proceed in this way. CM-28-288 July 29, 1974 (BiCentennial Committee) Cm Tirsell moved that the City Council recognize an official BiCenten- nial Committee for the purpose of communicating and receiving instruc- tions from the national organizations for the BiCentennial, which died for lack of a second. Cm Miller moved that the City Council support the National BiCenten- nial Commission and the volunteer activities of our local BiCentennial Committee, seconded by Cm Tirsel1. Cm Miller noted that this would be an offer for moral support and would give official standing with the national organization. Mr. Marguth stated that he feels the motion is very appropriate be- cause this reflects what was said in the cover letter and Cm Miller explained that the City does not want to be in the position of approving or disapproving organization of the committee. Cm. Tirsel1 remarked that there was no liaison with the which she felt would be a very vital link. Mr. Marguth but pointed out that the committee had not met as yet. membership will be forthcoming. schools agreed Such Mayor Pritchard asked about the status of the City's representa- tion on the committee, Don Bradley. Cm. Turner remarked that he would prefer to discuss this later. Barry Schrader, 811 Mohawk, indicated that the committee had the understanding that City staff and time would be available and that if Mr. Bradley continues there is no doubt but that the committee will be part of the City of Livermore. Every other city in the area has made the committee an official city committee although it may be manned by a group of volunteers. He feels that the help of the City staff is needed. Cm Miller agreed that the issue is such help is not clear at this time. Cm Turner said that he felt it should be an official City committee. Mayor Pritchard remarked that the lack of clarity is due to the fact that they are not sure of the extent of city participation. At this time the motion passed by unanimous vote. WORDING IN ORDINANCE RE INSULATION STANDARDS At this time the Council returned to the item concerning introduction of the ordinance related to insulation standards and Mr. Engel stated that the length of time allowed to meet the insulation standards after change of ownership could be reduced which was followed by discussion regarding the residential building record made at the time of the sale or change of ownership, and whether it would be possible to include this insulation standards inspection in some type of certifi- cation during the time of escrow. After a brief discussion it was concluded that it would be best to postpone the matter for later discussion and on motion of Cm Futch, seconded by Cm Turner and by unanimous vote the matter was put over to the next Council meeting. CM-28-289 July 29, 1974 MATTERS INITIATED BY THE STAFF (Quezaltenango Res.) Mr. Musso asked if the Council would adopt a resolution of felici- tation that could be presented to the City of Queza1tenango and on motion of Cm Miller, seconded by Cm Futch and by unanimous vote the following resolution was adopted and will be presented by the City's official Sister city Committee delegation during their next visit in a couple of weeks. RESOLUTION NO. 132-74 RESOLUTION OF GREETINGS TO QUEZALTENANGO, GUATEMALA (re STEP Agreement) The City Manager reported that he has received a copy of the STEP agreement which specifies the governing agent and which employees will be paid for under the grant and that there is a lot of techni- cal information included with the agreement, as is generally the case when a federal grant is involved. On motion of Cm Miller, seconded by Cm Futch and by unanimous vote the item was continued to August 12th at which time it will be on the agenda. MATTERS INITIATED BY THE COUNCIL (City Volunteer Service Center) Cm Turner stated that someone has suggested to him that the City provide a service center to be conducted by a group of volunteers that would give information such as how to contact the dog catcher, how to contact the Welfare Department and various other agencies that a person does not know how to contact. If the Council would agree to this type of service there could be an advertisement in the local papers asking for volunteer help. Cm Tirsell felt there are organizations that might be interested in taking this as a project if the Council could offer specific direction. Cm Turner indicated that he would like to gather more information and present it to the Council and members of the Council requested that this also be scheduled on the agenda in the future. (Legal Contracts) Cm Turner stated that he has recently heard that sometimes a con- tract is prepared by someone other than the legal staff of the City of Livermore and stated that he feels all legal contracts should be prepared by the City's legal staff. Mr. Parness indicated that sometimes in the process of discussing a project a contract is prepared by someone else but is something that must be approved by the City and the City Council. (Condition of Holmes street) em Miller stated that he has received numerous complaints about the rotten condition of Holmes Street and asked when Zone 7 plans to do something about it. CM-28-290 July 29, 1974 (re Holmes Street Paving) Mr. Lee explained that a letter has been sent to the contractor indicating that the condition of Holmes Street is not acceptable and that further corrections would have to be made. There will be additional work done and a meeting is scheduled between the City /~ and Zone 7 to see what needs to be done. (Stop Signs at Murrieta & Portola) Cm Miller stated that with the closing of two major streets and the funneling of traffic to Murrieta Boulevard, there might be some merit in adopting the suggestion presented by Mr. Faltings to provide stop signs at Murrieta and portola Boulevard. Mr. Parness stated that he would have to discuss this matter with the County because Portola Boulevard is in the County at that intersection and is not sure they would give consent to stop signs on Portola Avenue. (re Litigation) Cm Miller noted that there will be an executive session after the regular meeting this evening and asked that it also include dis- cussion regarding possible litigation in addition to the scheduled discussion on personnel matters. (re Smog Alerts) Cm Tirse11 stated that she has received a phone call from someone who is concerned for people with lung problems who may not be aware of the days on which a smog alert has been given and wondered if there is any way warnings could be announced or publicized so that more people are aware of days considered critical. She stated that the person who phoned indicated that her child should not play tennis, for example, on days there is a smog alert and unless one happens to hear the noon news on a smog alert day you may not be aware that there is a high oxident level on that particular day. Mayor Pritchard stated that possibly the use of the Emergency Services warning system could be used to alert people and that this would be a good opportunity to note their effectiveness. It was concluded that the staff would report back to the Council regarding suggestions for an alert. (re Abandonment of First Street Right-of-Way) Mayor Pritchard asked if action has been taken with regard to the S.P. right-of-way on First Street and it was explained that this matter has been postponed because it is not clear that First Street will actually end up on the S.P. right-of-way. Mr. Parness indicated that the matter has been referred to the Planning Commission for review. Mayor Pritchard stated that he brings the matter before the Council because there is some property in that area for sale and the owner is not able to give a definitive answer as to where the property lines will be located. CM-28-29l July 29, 1974 (re First Street Right-of-Way Area) Cm Miller stated that when this was discussed in the past he offered the suggestion that perhaps the staff could work out some kind of mechanism for public works improvements or bonding, etc., which would not hamper the development of the property owners but would still preserve the building setback lines because the City does not know whether or not First Street will end up on the S.P. right-of-way. If it turns out that it is not on the S.P. right-of-way, we will need the width of the setback lines. However, until the matter is completely resolved which may be some three or four years, we don't dare abandon something we can't get back. Mr. Lee stated that we have reasonable expectation that First Street will be located and there will be increasing pressure to make a de- cision regarding the right-of-way for the abandoned portion of First Street. Perhaps a bond could be provided for the improvements in case it doesn't go and the other suggestion would be to say, yes, that is the City's intention and not require the improvements. Cm Futch suggested that the staff prepare a report regarding the difference in width will be and Mayor Pritchard replied that it is 15 ft. now and the City is requiring 38 ft. Cm Miller agreed that there should be some type of report regarding the significance of the setbacks as well as options to guarantee that the City will get the amount needed. (Corrections of Council Minutes) Mayor Pritchard stated that the correction of the minutes for the Council meetings appears before the Open Forum on the agenda and asked the City Manager if other people are allowed to par- ticipate in the amendments and corrections to the minutes. Mr. Parness stated that the City Council may comment on the minutes. The Mayor asked if the Council should entertain the idea of public discussion of the minutes and Mr. Parness felt this is really a policy decision by the Council but it is con- ceivable that there is citizenry input in the meeting that would be recited in the minutes, perhaps recited incorrectly in the minutes, and perhaps an individual should be allowed to make corrections pertaining to his comments. Cm Miller stated it should be made clear that the minutes are not verbatim transcriptions and everything said in the meeting is not included in the minutes even though they are fairly detailed. (re Support of Ridge1ands Bill) Mayor Pritchard stated he has received a letter from Congressman Stark asking that the City support his bill on ridge1ands and on motion of Mayor Pritchard, seconded by em Turner and by unanimous vote, the Council expressed support of the bill. (re Police and Fire Services) Mayor Pritchard asked that the matter of citizen safety related to police and fire protection be scheduled as Item 3.1 on the next agenda, noting that Cm Turner has been trying to get this item on the agenda. Mr. Parness indicated that he didn't realize there was any rush on this matter but it has been scheduled to appear either on the August 12th or August 19th agenda. CM-28-292 July 29, 1974 ADJOURNMENT The Mayor adjourned the meeting at 11:30 p.m. to an adjourned executive session to discuss personnel matters and possible litigation. ATTEST APPROVE Special Meeting of August 2, 1974 A special meeting was called to order in the conference room at City Hall, 2250 First Street, at 12:06 p.m. with Mayor Pritchard presiding. PRESENT Those present were Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard. PURPOSE OF MEETING The purpose of the meeting was to discuss the amendments to the resolution presented by the City Attorney and Mr. Musso with regard to review of the amendments of the Alameda County General Plan re- lated to Las Positas, New Town. On motion of Cm Turner, seconded by em Miller and by unanimous vote the resolution was adopted, as amended. RESOLUTION NO. 131-74 A RESOLUTION REQUESTING A REVIEW OF THE PRO- POSED AMENDMENTS TO THE ALAMEDA COUNTY GENERAL PLAN (LAS POSITAS, NEW TOWN). MATTERS INITIATED BY THE COUNCIL (re Tax Rate) Cm Tirse1l stated she would like the matter of the tax rate prepared by the City Attorney, to be discussed at the meeting of August 19th seconded by Cm Turner which passed unanimously. (re Knox Bill) There was brief discussion regarding the Knox Bill and other material received in the agenda packet. (Relocation Project) On motion of Cm Turner, seconded by Cm Tirse1l and by unanimous vote, the staff was directed to compile a written report concerning the track relocation project status, including reports from the department heads, the City Manager, the City Attorney, the bond counsel and Burt and Charles Lidster, for presentation at the meeting of August 12th. ADJOURNMENT There being no further business, the meeting was adjourned at r 12:14 p.m. to an adjourned executive session. CM-28-293 Regular Meeting of August 12, 1974 A regular meeting of the City Council was held on August 12, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:16 p.m. with Mayor Pritchard pre- siding. ROLL CALL Present: Cm Turner, Tirse11 and Mayor Pritchard Absent: Cm Miller and Futch (Excused for vacation) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members as well as those present in the audience, in the Pledge of Allegiance. SPECIAL ITEM - PROJECT 4 Neil Miller, representative of the Tri-Va11ey Project 4 gave a presentation on the project. The program is composed of a group' of civic minded men and women who are interested in the development and implementation of a specialized communication link between the various institutions. The purpose of the program is to provide the residents of institutions additional resources to aid in development of their personal goals and to the combination of human problems which compose the total life of the individual in the institution. It is hoped that this can be accomplished with the use of state, federal and local agencies and to upgrade the staff structures within the institution by supplying these support services. He then reported on the various activities such support would cover and methods by which this can be accomplished, noting that various groups have offered assistance such as the Merle Norman Cosmetic Company which has offered cosmetics to the women residents and assistance in demon- strations of how to style hair from people at the local Beauty College. He also noted that one individual has offered to help in the way of letting a resident use a spare room in her home so that this person may have exposure with the outside world. Mr. Miller ex- . p1ained that the name "Project 4" was selected because the Tri-Valley communities are involved as well as the Santa Rita and Detoxification Center and the name was chosen to indicate that they are a part of the community. He then asked if the City of Livermore would be willing to actively participate along with the Cities of Pleasanton and Dublin. .-.-1. ~ ~ Cm Tisel1 stated that she would like t commend Mr. Miller and all those involved, for their efforts, because she is very much in favor of volunteer work and has been involved in this type of work in Livermore for many years. She stated that she would like to point out that volunteers can do a better job, 1n many ways, particularly with respect to human relationship and for this reason finds the project very appealing. There is a need for efforts in this area and for lack of coordination the City of Livermore might not do something for the new fourth community and for this reason appreciates organization of efforts and would be interested in knowing more about the plans as they are developed. She added that there is a spirit in the efforts of the volunteer that come through when people know you are not there because you are paid to be there but rather because you want to be there. This is evident in hospitals and many other places where the spirit of volunteers helps in eliminat- ing differences and would move that the City Council endorse the project, seconded by em Turner. Mayor Pritchard stated that he would like to emphasize that this is a pilot project and all eyes of the penal system will be on this val- ley to see how it works. Not only will the system be highly scru- tinized but also the attitude of the people in the valley. We have an CM-28-294 August 12, 1974 (Project 4) opportunity to show people across the nation what type of citizens we have in the valley and would wholeheartedly support what the project 4 people are trying to do and would hope they would find someone in this part of the valley who could help coordinate the project. At this time the motion passed unanimously. OPEN FORm1 (re Speaking Time) Paul Tull, 2243 Linden Street, stated that he objects to the limited time allowed an individual to speak during the open forum and the remainder of the meeting and asked that the Council rescind the motion limi}:ing speakin9 t. i~e ,. -yl___-. - ..c.-<-~. ~. ~z->--( -tt--~-._j A-.'~ 141-.,. /~ 6i ~7>o~--.A_/ N(~ -*:.- l6- -, '-'" ',_4714 t~ '-':>-7' ~ t:4..J~. There was no response in the way of rescinding the motion. (Condition of Oak St.) Paul Tull stated that he was riding a bicycle along Oak Street and noticed that it is in need of repair and suggested that regardless of the future plans for the street, it should be maintained in the meantime. (Newspaper Article re Street Closures) Mr. Tu1l read an .article which had appeared in the Independent, writ- ten by A. Brewer, protesting the street closures and the streets which have been left in a state of disrepair because of the track reloca- tion project. (Suggestion for Routing Traffic) Andrew Jorgensen, 509 Rincon, stated that he would like to make a few suggestions relative to the street closures for alleviating the traffic congestion problem at major intersections and suggested that the lights located at lip" and Chestnut be moved to Murrieta and 01ivina and that stop signs be installed at "P" Street at Railroad Avenue giving the east-west traffic the right-of-way for the Railroad Avenue traffic as well as the east-west traffic on Chestnut at "P". He stated that he has spoken with engineers and contractors who do road work and has been told that with a small crew the North Livermore railroad crossing could be opened in a few hours and suggested that this be looked at but not on a super- ficial basis. Mr. Jorgensen then briefly mentioned there is a heavy concentration of police patrol at stop signs located at Chestnut and North ilL" and pointed out the routes people are using to eliminate stopping and that this is where the police should be patrolling. (Trains Blocking Intersections) Mr. Jorgensen stated he has not been able to get a definitive ruling on the length of time trains may block an intersection but believes CM-28-295 August 12, 1974 they are not allowed to block an intersection for more than five minutes. He stated that since the streets have been closed at "P" and North Livermore Avenue, he has been stopped by the trains on North Livermore Avenue at least half a dozen times and that on four occassions it exceeded 15 minutes and on another occasion:_ he waited in excess of 25 minutes. He felt it is unreasonable that cars must wait for 15-20 minutes when there is only one intersection at the railroads. Mayor Pritchard commented that he has observed people making "Hollywood stops" at "L" Street where the 4-way stop has been installed and that this should receive closer observance. He also agreed that there is no reason the east-west traffic should have to stop on Chestnut and asked the staff to look into this suggestion. (Request for Use of Part of "J" Street) John Boring, 5645 Crestmont Avenue, asked that a group of people be allowed to use a block on "J" Street from 8:30 until about 10:00 p.m. on August 30, to hold a Christian rally with music and gospel messages and that a letter pertaining to this matter has been given to the Council. Mayor Pritchard asked about the usual procedure in a case such as this and Mr. Parness replied that he has asked the applicant to submit a letter to the staff for review by the Fire Department and Police Department as well as the Engineering Department and would suggest that the letter be referred back to the staff for their comments. It was noted that no problems with the request are anticipated. Mayor Pritchard asked Mr. Boring when he must know if the street can be closed, as requested, and Mr. Boring indicated that it would best, in the interest of publicity, if an answer could be given tonight; however, they could change the date for the activity. It was moved by Cm Turner, seconded by em Tirsel1 and voted upon unanimously to place the matter on the agenda of August 19th. (Protest re Police Dept. Disciplinary Action - Officer Davies) Robert Heath, 2988 Kennedy Street, stated that he and his wife would like to protest the disciplinary action taken by the Police Department towards Officer Richard Davies with a 30 day suspension and demotion in rank. He requested that the Council take the necessary action to impose a less severe penalty on behalf of Officer Davies. Mayor Pritchard stated that the matter has been taken under advise- ment and that personnel matters of this nature are discussed in executive session with the staff and the matter will be discussed. (re Relocation Costs- Grage Separation project) Shirley Paradiso, owner of the El Pepe Restaurant, 191 No. Livermore, stated that the City has found a building in which she can relocate but the cost for the relocation would be about $20,000. She stated that she cannot see putting $20,000 into someone else's building and cm-28-296 August 12, 1974 (Relocation Costs - Grade Separation Proj.) that she would like to know what she can do because she must be out of her present building by October 13th. ~ Mayor Pritchard asked if this information has been conveyed to Mr. Lidster the Relocation Assistance Agent, and she indicated that she has just given him all the bids. She explained that the building selected was an office building and plumbing is necessary as well as carpets and other items that will be necessary for use as a restaurant. She also indicated that she agreed to take the building because she had no other choice but that she does not like it be- cause it is too small for this business. She stated that the bid for plumbing, carpets and sprinkler system came to $10,740 and that this amount of money will be going into someone else's building. New regulations require updated refrigeration equipment, etc., which means that she cannot move present equipment but will have to buy new appliances. Mr. Parness indicated that Mr. Lidster has been in contact wi~h Mrs. Paradiso and that he is maintaining a constant attempt to try to assist her to relocate at the lowest possible cost. It is true that to try to relocate and to observe the new building code requirements will be very costly, unfortunately, and there is only a certain amount of money the City can assist her with. Mrs. Paradiso stated that the City is willing to pay for the instal- lation of carpets, sprinklers and plumbing and wondered why the City can't just give her the money to use as a downpayment on her own building elsewhere. Mayor Pritchard stated that he is well aware that Mr. Lidster is doing everything possible to help Mrs. Paradiso but would be interes- ted in the details. The City Manager was instructed to report back to the Council with respect to what can and cannot be done in helping people to relocate. PUBLIC HEARING RE COLLECTION METHOD FOR SEWER SERVICE CHARGE Mr. Parness explained that the state statute requires the City to hold a public hearing as to the method of collection for the sewer service charge and that the charge or its amount is not pertinent. The proposed method of collection is to have the residential charge only placed on the property tax bill as prepared and collected by the County. Industrial and commercial property will be billed separately by the City. At this time r1ayor Pritchard opened the public hearing. There being no public testimony or written testimony, on motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote the public hearing was closed. ( On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote the proposed method of collection for sewer service charges was, adopted. RESOLUTION NO. 134-74 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES. CM-28-297 August 12, 1974 PUBLIC HEARING RE PROPOSED LOCAL BUS SERVICE TO LABS A bus service is proposed for transportation to the laboratory area and the municipal code requires the conduct of a public hearing to allow public testimony from any local competing ser- vice. Following the conduct of the public hearing it is recom- mended that the Council adopt a resolution authorizing the issu- ance of a local license. Mayor Pritchard opened the public hearing. Terry Rosso, 786 Catalina Drive, stated that he has no connection with Pioneer Lines or its sponsors and anyone who has studied transit systems realizes that one of the advantages of a bus system is its great flexibility. He stated that the proposed system will not be composed of a super corporation with questionable motives but rather by individuals who see the manifold needs for public transportation in this valley and urged that the Council vote favorably for the proposed bus system and that the matter be expe- dited for the benefit of everyone. On motion of em Turner, seconded by Cm Tirse11 and by unanimous vote the public hearing was closed. Cm Tirsell noted that the PUC has given its permission for a route to the laboratories and wondered if daytime use is planned and Mr. Gig- liati replied that other plans will be made on the basis of input from the residents of the City. They are available to run the buses during the day and would be more than happy to provide this service if it is warranted. At such time it will require only an amendment from the PUC, and this is possible. em Tirse11 then asked if the streets are constructed so that buses can travel on them and Mr. Parness stated that they are; however, it might be important to note that any fixtures or appurtenances that the company may wish to place on the sidewalks, etc., be care- fully monitored by the City. It has been a condition adopted by the Council in the past that these types of things be subject to the approval of the Public Works Director. The public convenience and necessity justify the issuance of an owner's permit pursuant to section 22.31 et seq. of the Livermore City Code, 1959, to Robert H. Anderson and Louis J. Gig1iata dba Pioneer Lines for operation of a local public bus service on the terms and conditions set forth in their application. ~m Turne: stated he would appreciate a report of non-confidential 1nformat1on as to the effectiveness and perhaps how the company feels the system is being accepted and Mr. Gig1iati stated he would be happy to furnish the information. C~ Turner moved th~t the Council adopt a motion authorizing a local l:cense for operat1on of a transportation system in the City of L1vermore, seconded by Cm Tirse11 and which passed by unanimous vote. CONSENT CALENDAR Report re Contract Amend.Amend. re Water Conservation Funds (Medeiros Parkway) The City Manager reported that a minor amendment is required in the contract with the state for acquisition of property to add to the M7deiros Parkway project because the program was changed for acquisi- t10n of two parcels rather than five and for 24.96 acres rather than 28.6 with respect to the State Land and Water Conservation Fund Program. CM-28-298 August l2, 1974 (Medeiros Parkway - Contract Amendment) RESOLUTION NO. 135-74 ~. I A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Department of Parks and Recreation - State of California) \ '. Report from Library Board re Sunday Opening A report was received from the Library Board in response to the City Council's suggestion that the library be open on Sundays and noted that they have concluded that such a change is not warranted at this time. Their conclusion is based on reasons such as insufficient interest among the public for Sunday hours, the necessity to hire five additional part-time employees and a significant amount of cost to the library annually for staff, utility and janitorial services. Time for Signals Flashing on First St. A report was received from the Public Works Department relative to traffic signal flashing operations on First Street in which it was noted that a traffic count was taken at First Street and "L" Street for weekend traffic between 10:00 p.m. and 2:00 a.m. and the amount of traffic warrants that automatic signalization should continue until 1:00 a.m. The Police Department concurs with the recommendation for automatic signals until this time and the State Department of Transportation has been notified and will be res- ponsible for the change. It is recommended that the Council adopt a motion approving the recommended change. Beautification Committee Minutes for 8/10/74 Minutes for the Beautification Committee's meeting of July 10, 1974 were noted for filing. APPROVAL OF CONSENT CALENDAR On motion of Cm Tirse11, seconded by Cm Turner and by unanimous vote the Consent Calendar was approved with the deletion of Items 2.2 (Holmes Street Paving) and 2.4 (Utility Easement - Railroad Ave.). These items will be placed on the agenda for August 19. COMMUNICATION FROM BEAUTIFICATION COMMITTEE RE I-580 GROUP SUGGESTIONS A eommunication was received from the Beautification Committee list- ing suggestions submitted to them by the I-580 Group for improvements in the Springtown-Greenvi11e North area. The Beautification Committee feels the City Council should give consideration to these suggestions. ( Mayor Pritchard commented that if it would meet with the approval of the other members of the Council he would like the matter re- ferred to the Public Works Department for response. COMMUNICATION FROM VCSD RE I-580 WIDENING A letter was received from Lila Euler, Vice President of the Board of Directors for the Valley Community Services District in which CM-28-299 August 12, 1974 (re I-58D Widening) support for only modified widening of I-580 was expressed. The Board of Directors favors not more than six lanes with two bus- carpool lanes and possible BART tracks as opposed to the eight lanes plus two truck lanes and frontage roads as is being pro- posed by the state. Mayor Pritchard asked the City Manager to respond to Mrs. Euler of-the Valley Community Services District. COMMUNICATION RE GEN- ERAL PLAN GUIDELINES A letter from the governor's office was submitted to the City Council concerning the California Council on Intergovernmental Relations' adoption of General Plan guidelines. It was noted that this matter will be referred to the Planning Commission and staff for response. REPORT RE P. C. DENIAL OF VARIANCE FOR APP. OF FRANK W. JUDGE The matter of the appeal from the Planning Commission's denial of an application by Frank W. Judge for a variance to allow reduction of frontage was postponed from July 29th and Mr. Parness explained that due to a family emergency Mr. Judge was called out of town and has requested that the matter again be postponed for one week. On motion of Cm Tirsel1, seconded by Cm Turner and by unanimous vote the matter was postponed until August 19th. REPORT RE STRATEGIC TEAM ENFORCEMENT PROG.CONTRACT The matter of the Strategic Team Enforcement Program (STEP) agree- ment was introduced at the meeting of July 29th but postponed so that personal review of the agreement could be made and the City Manager recommends adoption of a resolution authorizing execution of the agreement. em Tirse11 asked if the project director has been named and Mr. Parness explained that, essentially, he will be the project director with two staff members from our Police Department and one from P1easanton and that evaluation will be done by the Alameda County Criminal Justice Planning Board. On motion of Cm Tirse1l, seconded by Cm Turner and by unanimous vote a resolution authorizing execution of the agreement to establish the Strategic Team Enforcement Program, was adopted. RESOLUTION NO. 136-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT (City of Pleasanton - STEP) REPORT RE PLANNING CONSULTANT CONTRACT A draft copy of the proposed Planning Consultant contract has been submitted to the Council and Mayor Pritchard stated that inasmuch as this is an item that would be of interest to the entire Council he would like the matter postponed until a full Council is present. CM-28-300 August 12, 1974 (Planning Consultant Contract) On motion of Cm Turner, seconded by Cm Tirsell and by unanimous approvel, the matter of the Planning Consultant contract was -~ postponed until August 19th. Mr. Parness wondered if it would be presumptive on his part to ask the City Attorney's assistance in preparing a revised draft of the consultant's agreement that would be in accordance with the Plan- ning Commission's concerns as well as the staff concerns because the consultant is worried about the time delay and this would allow the council to have something in front of them at the next meeting. The Council concurred with the suggestion and it was noted that both agreements will be available to the Council. Cm Tirsell stated that she attended the Planning Commission meeting when there was discussion of the item and would agree that the tim- ing is extremely critical. REPORT RE BUILDING INSPECTOR VACANCY The City Manager reported that the matter of the Building Inspector vacancy was discussed during the budget session and at that time he felt the work load did not warrant filling the vacancy and denied the request. However, the Chief Building Inspector has reiterated his concern for the need of staff assistance and Mr. Parness added that he would have to agree that assistance is needed and would recommend that the Council adopt a motion authorizing the filling of the vacancy created by the resignation of an employee. Mr. Herbert Street, Chief Building Inspector, reported that the Southern Pacific shopping center will soon begin construction as will other companies, and it will be absolutely essential to have additional help within the next couple of months; also it will be necessary to train the person hired for the job and he would suggest that the Council not wait until the work load is too heavy before hiring someone. Cm Tirsell thanked Mr. Street for a very convincing and informative report as to what an inspector's responsibilities are and stated that even though Livermore is not growing in the way of tract develop- ment, the industrial and commercial growth is increasing. She en- dorsed the concept of upgrading construction and moved that the staff position be filled immediately. The motion was seconded by Cm Turner with the comment that perhaps the position could be filled by someone working in another depart- ment within the City. He stated that this suggestion is based on the fact that there has been a slowdown in the building trades within the City but emphasized that he is acutely aware of the fact that a certain staff level must be maintained to provide the normal mainten- ance within the City. He stated that, normally, when there is addition- al work more people are hired to take care of the work load but since work has been slack it would appear that we could rely upon the staff ~. now existing to take the extra load, either from the Building Department or the Public Works Department and would like the motion to read that efforts first be made to fill the vacancy from the existing staff. Mayor Pritchard commented that it may be possible that there is no one available from the existing staff that would be qualified in the necessary areas or with the proper experience. CM-28-30l August l2, 1974 (re Need for Addit- ional Staff) Mr. Parness replied that the suggestion made by Cm Turner is a reasonable one and that he had considered it himself; however, this is a highly technological type of job and there are no pros- pects within the existing City staff with the exception of some of the senior engineers that would be allowed to perform this type of job. Mr. Parness added that he would have to, respectfully, state that the staff is composed of the bare minimum number of employees and the only department that might possibly be looked at would be the Street Department who, during the budget session, requested four more people and were allowed none. Their personnel level is abnormally low, which means that there just is not anyone available that could be used for this job. Mayor Pritchard asked Cm Turner if he wanted the conditions men- tioned by him a condition to the second to the motion and Cm Turner stated that he would certainly have to accept the state- ment made by the City Manager. The City Manager emphasized that if there were any way possible that the vacancy could be filled by existing staff, this would be the first priority of selection. Mayor Pritchard commented that even though there has been some slack in building inspection of homes, commercial and industrial development is even more critical and seems to be increasing consider- ably. He also noted that a tract map was just approved last week and homes will be built there also. At this time the motion passed by unanimous vote. REPORT RE BART SERVICE ROUTES AND STOP LOCATIONS The City Manager reported that the Council has received a copy of a statement from the BART staff on the proposed basic peak service routes and stop locations for BART and that the most important aspect of the report deals with the routing and prospective rates as well as station stops. He stated that the City staff has discussed the proposal with the BART staff and there is very little that can be suggested in the way of modification to the proposal, unless the Council has suggestions. He explained that the Pleasanton City Council had some sug- gestions that they reported and the Council has received copies. Cm Tirsell stated that she would like an explanation of the basic route and the peak route and Mr. Parness stated that the Stanley Boulevard is known as the basic route and will be used during the off-commute hours and the peak route would be northerly on Livermore Avenue to the freeway during the commute hours and would continue westerly. em Tirsell noted that the peak service route does not have a stop at the junior college area and Mr. Parness explained that he feels this would not be practical because this would detract from the express type of service, but the Council felt it might be worthwhile to ask the BART people to consider a stop at Portola and Murrieta as well as downtowa. Cm Tirse11 moved that the City Council approve the routes pro- posed by the BART staff with possible consideration of a stop at Porto1a and Murrieta Boulevard, seconded by Cm Turner. CM-28-302 August 12, 1974 (re BART Route) ( Cm Turner asked when transportation to BART is anticipated for the valley and Mr. Parness stated that we have been told that service would be initiated on or about November 1st but this will depend upon whether or not the trans-bay service will be open by then. We have argued that regardless of whether or not the trans- bay service is available we should receive service in the valley and the BART people indicated that they would consider this and the last action taken was BART people negotiating with the AC bus people and then everything came to a hault because of the transit strike. Mr. Parness stated that we have received indication that the AC buses could be provided but not in the number the valley would like but at least this would be something. Mayor Pritchard asked if we will get new buses when the UMTA funds are received and Mr. Parness replied that this is correct. Cm Tirsell stated that she would like to have the staff monitor the program after it gets underway in November and report back to the Council in about six months after this time so that it can be de- termined if the stops are in the proper locations. At this time the motion passed by unanimous vote. REPORT RE BIDS FOR CAPITAL IMPROVEMENT PROJECT - PHASE III The City Manager reported that bids for the Capital Improvements Project - Phase II were received on August 9th but only one bid was submitted for the project and the Engineering Department has reviewed it and has some questions regarding unit prices and at this time the staff is not prepared to make a recommendation and requested that the matter be postponed for one week. On motion of Cm Tirse11, seconded by em Turner and by unanimous vote the matter was postponed for one week. Prior to the vote Cm Turner noted that with respect to the construc- tion of the mini-park planned for the corner of First Street and South Livermore Avenue, he would like the Council to again take into consideration some type of parking for automobiles and bicycles in that area. PUBLIC HEARING SET RE REZONING AREA BOUNDED BY I-580; ADOPT. OF 14th GENERAL PLAN AMENDMENT On motion of em Tirse11, seconded by Cm Turner and by unanimous vote the Council set public hearings for rezoning of property bounded by 1-580 and the proposed adoption of the 14th General Plan Amend- ment for September 9, 1974. P. C. MINUTES - 7/23/74 ( The Planning Commission minutes for the meeting of July 23, 1974 were noted for filing and Cm Tirse11 stated that she was very interes- ted to see that the Planning Commission has established a subcommittee to work on the zoning area, criteria and goals for relocating the tracks and would be very interested in reading what their conclusion might be. CM-28-303 August l2, 1974 REPORT RE TENTATIVE PARCEL MAP 1331 - HUTKA INDUSTRIAL Leon Horst explained that the Planning Commission voted to approve the Parcel Map 1331, subject to conditions. One change the Planning Commission d~d propose was the extension of the east-west street, as yet unnamed, to the easterly property. They also recommended access to service parcels Band C from the east-west street, as they were concerned about the continuous development of the street and wan- ted to be sure that if development occurred on Parcel J or any of the easterly properties that adequate improvement would be constructed, and they recommended approval subject to conditions imposed as listed on the Planning staff report, dated July 23rd, and the engineering considerations dated July 16, 1974. Cm Turner asked if the land that had been rezoned along First Street could possibly be turned into a semi-commercial development where there would be many entrances and exits on and off First Street. Mr. Horst explained that there are four parcels that could have access from First Street. Cm Tirsell asked if there was any way the Council could restrict the access to the property and Mr. Horst stated it would require redrawing of the tract map to provide it. Cm Turner stated he could foresee two problems - one, a traffic problem and two, it might encourage strip commercial zoning. Cm Tirsell asked if the tract map, itself, in fact, prevents egress off of First Street and was told that it did not but rather it allows access off of First Street. Mayor Pritchard stated that the zoning allows certain uses and in- gress and egress from First Street would be desirable but felt no use would be so intense as to cause a traffic hazard. Cm Turner wondered if the map could be turned around so that there was no frontage on First Street and if it would cause any problem, as he felt this was a concern and something that should be explored. He was also concerned about the exits and entrances onto First Street and the number that would be allowed. Mr. Horst stated that the Planning Commission had initiated a study session relative to this subject. It was not discussed in relation to this particular tract but it is a concern and is one of the items on the study session for August 13. Cm Tirsell questioned if the overpass considered for First Street would affect this property and was told that it would not. She did agree that there was a concern regarding strip commercial. Cm Turner stated that if the Planning Commission is intending to discuss this matter, even though not for this particular parcel, he would move the matter be referred back to the Planning Commis- sion for consideration. Motion was seconded by em Tirsell who asked that it be referred back with the specific note that they look at access to First Street from these properties. Mr. Engel reminded the Council that they must act on the recommenda- tion of the Planning Commission within 10 days unless they receive permission from the applicant to refer it back to the Planning Com- mission. Ed Hutka stated he could understand the Council's concern; however, he was amazed at how things can turn completely around. The Public Works Department wanted him to provide many accesses to First Street and did not want him to use anything except First Street and North- mines Road for every parcel. Zoning is controlled and there are no CM-28-304 August 12, 1974 (Hutka Parcel Map 1331) uses that are not permitted; it is not a commercial area. The expense of widening First Street was enormous and felt this property should have some consideration. He felt if they are not allowed to use First Street the obligations related to First Street should be given to someone else. He felt that the concern was unfounded as it is control- led by zoning and the concern of the Public Works was in the other direction. Mr. Hutka added that their first approach to the City for annexation was more than a year ago and the matter has dragged on so that they are reluctant to delay it any longer, as they have lost customers because they could not develop any further on the prop- erty. Mayor Pritchard asked Mr. Hutka for permission to extend the decision on the tract map for another week and Mr. Hutka reluctantly granted permission; however he remarked that it was his understanding that it was not a tract map and did not come under the tract map requirements. The only reason it was before the Planning Commission and the City Council was for consideration of basic streets and routes and he understood that the east-west street was the basic consideration. Cm Turner stated that although the matter had been under consideration since January, this was the first opportunity the Council has had to look at the tract map and would appreciate a one week delay. A vote was taken on the motion which passed unanimously to refer the matter back to the Planning Cornmmission for discussion and comment which will take place tomorrow evening and the matter would be placed on the agenda again August 19th. REPORT RE SPECIAL TAX OVERRIDE FOR POLICE PERSONNEL ADDITIONS A report was prepared by Cm Turner related to a tax override for Fire and Police personnel additions and Cm Turner stated that it would probably be best to delay discussion until such time as a full Council is present; however he would like to state that other cities have been contacted who have been successful in this endeavor but we have not received information from them, as yet and the Chief of Police has asked for information which he has not received. He added that part of the proposal was to discuss this matter with the Police and Fire Department to determine manning needs keeping in mind that the budget does not allow hiring as many men as the City would like to have and would like these departments to submit an actual manpower requirement report to the Councilor the City Manager with predictions for future needs so that this can be put to the vote of the people in the way of a tax override. Mayor Pritchard explained that what Cm Turner is suggesting is that the Chief of Police and Chief of the Fire Department determine if there is a need for additional personnel and then report to the Council as to the number needed if budgetary restrictions were eliminated. Cm Turner explained that he was not trying to circumvent the City Manager's authority in any way but in his opinion of all the City staff, public safety manpower is the key issue in every City and ~ mention has been made with respect to the fact that sometimes the amount of money available interferes with hiring the people necessary. The reports should certainly go to the City Manager with him making a recommendation to the Council as to the advisability of a tax override proposal, and so moved. r1ayor Pritchard stated that the motion states that the City Manager should be directed to report to the Council regarding personnel needs in public safety areas, possibly procuring personnel without the budge- tary restrictions, seconded by Cm Tirse11 and passed unanimously. CM-28-305 Cm Tirsell stated that she has no objection to having the police and fire department make a report on the adequacy of their numbers.. However, she feels the report should contain more than statistical support for increasing or decreasing staff. Further, she was re- luctant to see the Council begin to determine staffing need; that is the role of the City Manager. The police and fire departments work for him. She would not be in favor of addint to those depart- ments without his recommendation and justification. August 12, 1974 MATTERS INITIATED BY THE STAFF (re Grade Separation Project Status) The City Manager stated that it has come to his attention that at the meeting held by the Council last week the question of the status of our grade separation project was raised and some inquiries were made by the Council as to progress, or lack of progress. The Council instructed the staff to look into the matter and report back. He indicated that a report has been distributed to the Council and would apologize that it did not appear on the agenda but the rea- son for this is because the report has just been completed. He felt the report is complete and accurate and asked that the Council read the cover letter accompanying the report rather than for him to take the Council time to read it hp.cause it is lengthy. He briefly summarized the contents of the report and stated that people have asked why various transactions could not have been concluded prior to this time and he stated that if the City had received the formal legal authorization to proceed with acquisition of property neces- sary for the project, this could have been taken care of or begun in the later part of 1973. It was not possible for the City to engage in any part of the project until all the various aspects of it were formally completed and authorization obtained, and author- ization was not given until mid April 1974. He explained that recently the Relocation Assistance Program has been enacted which allows cer- tain benefits to those being dislocated as a result of public works improvements and that the entanglement involved with this assistance program has affected the progress of the construction work. He explained that 41 parcels of property were involved in the relocation and that each person had to be contacted and given an explanation as to the details of the program, preparation of agreements, drafting rights of occupancy permits, getting appraisals done, etc., which took from the middle of April until the middle of June, and during this time it was found that some mistakes had been made causing delays. The streets were closed on June 5th and the contractor started work shortly thereafter with notice to proceed. When the contractor came to the point of doing major excavation work he mention- ed the fact that the City had not acquired all the property necessary for the work, which was true. Some of the condemnation notices were not filed until June 14th and in addition to the time it takes the court in reviewing the application and the hearing, the process is lengthy. Usually the order for immediate possession is not receiv- ed until 20 days thereafter and prior to July 1, 1972, we could occupy the property 20 days after receiving the order for immediate possession; but such is no longer the case. Property Owners or occupants now have 90 days thereafter to maintain residency. Taking all of this into account we have striven, since April 16th, to obtain the rights- of-way, but have just not been able to do so in their entirety and many of the parcels must be obtained by condemnation proceedings and we will not have the right of occupancy until October 14th for these parcels. He felt the City has been very successful in performing a great deal of relocation work and assisting many people who are inconvenienced by the project. He has been told just late this afternoon that of the three categories of ownerships or occupancies involved, so far we have relocated two businesses out of seven and that two of these have good prospects. There were six ownerships, of which all but two have been relocated and out of 16 renters, 12 have been relocated. The other problem encountered was the utility (intersection), the primary utilities being water and telephone. These utilities serve primarily Taco Bell and Value Giant but Value Giant can be relocated on Chestnut Street. The Taco Bell has to be moved to intersect or have the lateral intersect the Chestnut Street line as well and is being processed now. The water relocation necessary on Livermore Avenue can take place as soon as all the residents have been relocated. The main issue on the utility CM-28-306 August 12, 1974 (Track Relocation Status) relocation is the telephone line and unfortunately for the City there is a major transcontinental telephone cable situated along Livermore Avenue that must be moved. This is a very expensive and delicate proposition. Fortunately, the utility companies did not await the successful completion of all of the City's contractual relationships - the utility companies proceeded with the necessary engineering work and this has been going on for the past several months. We have been in dispute with them over the financial respon- sibility for the work; however. The telephone line relocation work amounts to $117,000, estimated work, and the City has contested this cost. Just recently the telephone company has agreed to assume the final responsibility due to the efforts of our City Attorney in work- ing with their legal department. They have done the engineering work and have called for bids and we are told that the bids will be re- ceived on August 27th. Work will proceed immediately thereafter. Due to the special type of material necessary for this type of work the material cannot be stored and will therefore not be received until about the third week in September and it is estimated that it will take 2,000 man hours to complete the work. This work is not anticipated to be finished until the later part of October, and full construction progress should be under way at this time. He then read from the report submitted to the Council as to the delay in which it was pointed out that the major problem was in the relocation of property owners and tenants and mistakes made in observing the provisions and statues concerning the Brathwaite law. The alternative would have been to go to bid after all the purchases were made and after the City had received acquisition of the necessary right-of-way and after the utility lines had been relocated. The staff and consultant sources argued against this alternative, however, due to the fact that a new bid would have been several hundred thousand dollars higher than the one at hand and even doubtful that a bid would have been received because of the shortage of major construction items and supplies and in addition to the fact it would have been the third time the City solicited bid proposals for that subject program. Progress will be under way on or around November l, and until this date everything will be done to get the project moving and to ease the inconveniences and relocation difficulties of the affected parties. As to the grade separation work on "P" Street, he has been informed that this can commence as soon as one remaining property ownership can be obtained, which will be done by condemnation proceedings and occupancy by the City can be made as of the first week in September, as there are no relocation entitlements involved. Reopening of North Livermore Avenue can be done with little cost and permit the reactivation of the crossing signals and closure of construction holes which would allow north-south traffic until such time as the grade separation construction can commence. He then asked that the Council review all the information submitted to them regarding the delays to the project and urged that North Livermore Avenue be reopened. On motion of Cm Turner, seconded by Cm Tirse11 and by unanimous vote permission was given the staff for the reopening of North Livermore Avenue. It was noted that the reopening of North Livermore Avenue would allow north-south traffic flow for at least six weeks. (' Cm Turner stated that the report is a very complete report and really appreciates receiving the information provided in the report. I1r. Heath thanked the Council for the motion noting that a lot of motorists are using the sidewalk on North Livermore Avenue because the street is closed. CM-28-307 August l2, 1974 MATTERS INITIATED BY THE COUNCIL (Redistricting of Supervisors) Cm Turner wondered if a letter had been sent to the County regarding this City's interest in giving input on the redistricting of super- visors, and it was noted that there had been some discussion regard- ing the matter. The staff was then directed to prepare such a letter. Cm Turner stated that it is his understanding hearings and discussions are to take place about November 1975 and would like to get on their mailing list. (Office Space for Councilmembers) Cm Turner stated that he would like the Councilmembers to have office space in City Hall and the justification for this being that, essentially, the Council is invisible to the public and often the public does not know how to contact them. He also feels that as an elected official he is a part of the City and would like to have office space in the City Hall, and perhaps there could be a telephone number listed for City Hall that people can call. Mayor Pritchard stated that, perhaps, the Councilmembers could work out some kind of schedule so that the various members can make a point of being in the office during certain hours. Cm Turner moved that the City Manager be directed to obtain space, within the City Hall, for the Councilmembers, seconded by Cm Tirsell. Cm Turner stated that he would suggest that the Council be allowed to use the conference room in City Hall. At this time the motion passed by unanimous vote, and Mayor Pritchard stated that this includes possible input from Cm Miller and Futch. Mayor Pritchard stated that he feels very strongly about establishing an "open door" policy and scheduling regular hours for the Councilmem- bers as he feels this would alleviate some of the problems he is exper- iencing. (Alameda County P. C. Meeting) Cm Tirsel1 stated that she had attended the Alameda County Planning Commission's meeting regarding the Las positas proposal. Mr. Engel presented a written position of the City and copies will be made available. No action was taken and the hearing was continued to August 29th at Granada High School multi-purpose room at 7:30 p.m. (Valley Planning Comm.) Cm Tirsell reported that she had attended a meeting of the regional Valley Planning Committee and with reference to the reorganization she~~ll_submit a report for an agenda item.. . / /71l1L1Lff.z- / ~ _ +- ~. ~ ' .,~ I. /l . -+;--- 'v -- /I .,t.L''-'~ C'JC...,L.- ~ ~ ~V ,<-"'-~;;K:.-"'-/ ,,~<..L(' ~ /11. 1AA4-e, ,-," - _ ./., ) -..I- ,~ -f- --/J,,' ~/J . _7" ~ .~X/ Y..J-";...LP ~ '~ ~'..<:.... ~ /~ ~'/C a;.,. 7CJL,,~~/ 28 308 .' ~ (j .~/.~ /)- -I /7.,. / CM- - ---<.,;:. ?:{,~ '-V'~ 0/.lCt.{t-~...::u.4.- i\'-ur~ .cK~~~ ~(...u-"-p~-x- .J,' . _.~.. t-/" 'l,/ f i~, ,J~J ~ _' .".._ ../.'_t:t:~r~. ~~__ ( iV U . , .. -;(/~_,.,.<-~ . ~Tn~d-~ " r August l2, 1974 (Status of City Sign) Cm Tirsell asked about the status of the City sign at the golf course and Mr. Parness reported that of the bids received for reconstruction work of the golf course club house, the bids were much higher than the estimated amount and the bid for the sign reconstruction was $l,600 and only $200 less than this amount if the same materials are used. (re Status of Kissell Horne s ) Cm Tirsell asked the status of the Kissell homes to be completed in the Bevilacqua tract north of I-580 and Mr. Parness stated that they are under construction and all the contractual requirements have been met with the exception of the bridge. They intend to appeal to the Council with respect to this item at the next Council meeting. (re Specimen Tree at College and Arroyo Rd) Cm Tirsell stated that Tim Cody of the Beautification Committee had contacted her regarding a tree on the First Baptist Church Property which was moved there by Mr. Mehran about five years ago and is apparently very valuable. The church is now planning to put in a parking lot and Mr. Cody wondered if the Council would contact Mr. Mehran and instead of requiring the cash for the top soil which had been removed, have him move the tree. If this cannot be negotiated they will place a planter box around the tree, but they would rather not do that. Mr. Engel advised that payment has already been received for the top soil. Cm Tirsell asked the staff to contact the Park and Tree Department and determine how much it would cost to move the tree as the Beauti- fication Committee would like to have the tree preserved and notify Mr. Cody. (Scheduling of Rodeo Parade on Agenda) Mayor Pritchard asked that the matter of the rodeo parade again be scheduled for discussion for August 19th because he would like to present another proposal to the council that might be acceptable to them. (Institute on Human Resources Development) Mayor Pritchard noted that the League of Californi Cities is announc- ing an institute on Human Resources Development on September II thru 13th and stated that the Council might be interested in receiving material related to it. ATTEST ADJOURNMENT meeting was adjourned ersonne1 matters. ~ There being no further Council business, at 10:45 p.m. to executive sessio to APPROVE CM-28-309 Special Meeting of August l6, 1974 A special meeting was called by Mayor Pritchard and convened at 1:00 p.m. on Friday, August l6, 1974, in the Conference Room, City Hall, 2250 First Street. The purpose of the meeting was as follows: Discussion of legal matters, in particular pending litigation by the Associated Building Industry of Northern California. PRESENT: Councilmembers Tirsell, Turner and Mayor Pritchard ABSENT: Councilmembers Futch and Miller It was the Council's decision to afford additional legal help for our City Attorney and instructed him to approach an appropriate firm and to provide a recommendation to the Council in this regard at their meeting of August 19. ADJOURNMENT :::R::ting adjourned ~O_h ~ ~ ~ ,ll!1yor i ATTEST ('j~\~~L,' . City Clerk Regular Meeting of August 19, 1974 A regular meeting of the City Council was held on August 19, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:11 p.m., with Mayor Pritchard pre- siding. ROLL CALL PRESENT: Cm Futch, Miller, Tirse11, Turner and Mayor Pritchard ABSENT: None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members and those present in the audience, in the Pledge of Allegiance. RECOGNITION OF SPECIAL GUESTS Mayor Pritchard acknowledged the presence of a Patrol from Troop 900, Boy Scouts of America, who were in attendance to work on their commu- nication merit badge. MINUTES On motion of em Turner, seconded by Cm Tirse11, the minutes for the meetings of July 29 and August 12, 1974, were approved as corrected. em Futch and Miller abstained from voting on the minutes of August 12, as they were on vacation for that meeting. Paul Tu11 also corrected a statement he had made at the meeting of August 12, pertaining to his objection of time limitation for speaking, which the Council accepted before approval of the minutes. CM-28-310 August 19, 1974 OPEN FORUM Paul Tu11, 2243 Linden Street, read a prepared statement concerning what he felt to be discrimination against him and his dog, since cats are not required to be licensed and dogs are. em Miller agreed that Mr. Tu11 had a point about licensing cats, as that is a good portion of our animal control expense, and suggested that licensing of cats should perhaps be scheduled as an agenda item. em Tirse11 agreed, however she stated that it would be very expensive to catch cats, and hoped that some other City might come up with a solution. Cm Miller suggested that the staff attempt to obtain a report from Fremont or any other City that does license cats. CONSENT CALENDAR (Abatement of Abandoned Vehicle Program) The City Manager reported that under a new State program, financial assistance will be awarded to our City for the 1974-75 fiscal year for paYment in removing abandoned vehicles from the public streets. The State will pay $17.50 for tow charges and has allocated a maximum of $700. RESOLUTION NO. 139-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (State of California) (Resolutions Authorizing and Directing Condemnation re Two Parcels-Grade Separation Project.) It is necessary that the Council adopt two resolutions which are required in condemnation proceedings so as to obtain the properties without negotiation delays. RESOLUTION NO. 137-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF A PERPETUAL UNDERGROUND EASEMENT AND RIGHT-OF-WAY 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 WITHIN THE SAID CITY. RESOLUTION NO. 138-74 (' 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, LY- ING WITHIN THE BOUNDARIES OF THE GRADE SEPARATION PROJECT/RAILROAD TRACK RELOCATION ASSESSMENT DISTRICT WITHIN THE SAID CITY. CM-28-31l August 19, 1974 (Minutes-Design Review Comm.) Minutes of the study session of the Design Review Committee for August 14, were noted for filing. (Departmental Reports) Departmental Reports were received as follows: Airport Activity - July Building Inspection Department - July Fire Department - quarterly, April-June Mosquito Abatement District - June Municipal Court - July Police and Pound Departments - July Water Reclamation Plant - July (payroll and Claims) Two hundred twenty-one claims in the amount of $389,235.61 dated August 15, 1974 and payroll warrants in the amount of $82,514.69, dated July 24 and payroll warrants in the amount of $82,050.94, dated August 9, 1974 were ordered paid as approved by the City Manager. APPROVAL OF CONSENT CALENDAR On motion of em Futch, seconded by em Turner, and by unanimous approval the items on the Consent Calendar were approved. COMMUNICATION FROM ABAG RE PUBLIC MEETING (Las Positas New Town) A communication was received from ABAG advising that there would be a public meeting on September 4, 1974 at 7:30 p.m. at Granada High School Multi-Purpose Center regarding the Las Positas New Town. Cm Miller remarked that ABAG has asked for various public officials and interested citizens to indicate whether they would like to testify with a maximum of ten minutes each, and added that he felt some of the: ~ounci1 members should testify. em Miller suggested that in view of the planning aspects and the legal aspects, Mr. Musso, Mr. Engel and Miss Whittaker prepare a joint statement, repre- senting the City's position for the Council's review, and he would like to testify as an individual as well. em Tirsell stated that at this meeting they would be making a deter- mination of whether or not it is of regional significance and the staff should respond on the basis of the planning aspects. COMMUNICATION FROM ASSEMBLYMAN BEE RE I-580 WIDENING A communication was received from AssemblYman Carlos Bee advising that he understands the position Livermore has taken regarding the widening of Highway I-580, and could support the majority of the opinion for the Valley when he speaks with Ca1 Trans in this regard. Mayor Pritchard stated there has also been received a letter from Alan Cranston and one from the u.s. Dept of Transportation, and one from the Washington office of the Dept. of Transportation in this regard. CM-28-3l2 August 19, 1974 (re I-580 Widening) ~, \, Cm Tirsel1 stated that when Highway 1 was proposed to be widened, Sen. Cranston was the one that led the investigation which killed that project and she felt he made a different determination now when he said the State Transportation Committee should set forth the standards. RE RODEO PARADE Mayor Pritchard had requested that the matter of the Rodeo Parade be placed on the agenda for further consideration, and suggested at this time that the Council fund the parade for this year as he felt the majority of the people in Livermore wanted the parade and that the City should continue to participate as they have in the past. Cm Futch moved that the matter be continued for one week; motion was seconded by em Turner, and approved unanimously. RECESS A SHORT RECESS WAS CALLED AT THIS TIME TO ALLOW THE COUNCIL TO RE- VIEW A LETTER FROM THE PLANNING COMMISSION WITH REGARD TO THE NEXT AGENDA ITEM. MEETING RESUMED WITH ALL MEMBERS PRESENT. REPORT RE PM l33l (Hutka) Discussion of the PM 1331 submitted by Mr. Hutka was postponed from the meeting of August 12 and referred to the Planning Commission for consideration at their study session regarding lot and building orien- tation on major highways. The planning Director explained that this map was filed as a parcel map because there was indication on the part of the City Council that there should be some streets or subdivision, and he explained the various street plans which were considered by the Planning Commission prior to their recommendation for approval. em Tirsell questioned where the overpass would be located, and Mr. Lee explained the location of the overpass in conjunction with this parcel map. em Miller stated that although the ordinance does not specify front- age on the street, a parcel map is like a subdivision, and the City does control the design and improvement within. If it does, the Council can require a street as part of control over design and improvement. Mr. Musso stated that if the Council is requiring any street, then it becomes a matter of subdivision. (' \, Cm Miller stated that the Council has the same right to control de- sign and improvement in a parcel map as in a subdivision, and in that circumstance the Council can require a street to provide appro- priate access. He wanted it made clear that the Council does have the option of requiring a street, or easement. Mr. Lee explained that with regard to access to Parcel "C", the Plan- ning Commission considered the provision in the subdivision ordinance that does allow accesses by easement to a site in industrial areas. However, he felt this was an optional matter and should be considered in cases where there is some special use, such as on the west side of CM-28-313 -'~...,._.,.,---_._..._."'._-_.._---:-.__. ...._.._...~,~,~-_..........._. August 19, 1974 (PM l331 - Hutka) Mines Road where there is a public warehouse, and this would perhaps lend itself very well to a private easement for access. But in an industrial area where there may be very heavy type industry with large trucks because the parcels are on the rail line, it would seem inappropriate to have access not knowing the kinds of uses that will be located there, where the turning around of trucks could be a prOblem. There would also be the problem of signing. This was the reason for the Public Works Department's recommendation that there be a street extended to the parcels to the south. One of the engineering considerations that should be noted is that the median plan, as previously discussed, was required as a condition of approval of the map. He added that in the engineering considera- tions there was also mention of the extension of a street to the east property line and a provision for a street extending northerly to First street to form a loop and explained the reason for this. Cm Futch wondered why the Planning Commission is recommending de- letion of the requirements for 2/3 of the ultimate paved portions of the north/south street to be improved which Mr. Musso explained. Mr. Lee further explained that this recommendation went along with another recommendation that this street be looped back into First Street and the connection to First Street would require 2/3 of the traveled width, constructed along the property line. Then as the property adjacent to the east develops, the other third would be improved by that developer. The Planning Commission is recom- mending deleting this connection to First Street and if they do this it will delete the 2/3 requirement and Mr. Musso explained that it is not really deleting it but rather moving it further east and deleting it on a certain parcel. em ~urner stated that his concern is that there are too many accesses onto First Street proposed which would create a traffic problem and also foster strip commercial zoning. Mayor Pritchard explained to the Councilmembers who were not present at the last meeting that this was a primary concern brought up by Cm Turner at the last meeting and the reason the Planning Commission was again asked to discuss this point. Ed Hutka, 1019 Angelica, stated that the parcel map indicates some- thing the developer should hope to do and it is quite possible that the parcels will not develop but as a courtesy and safety measure the property was divided into some type of parcels. If a customer comes in and asks for five acres then the map is completely changed; however, the major streets for circulation do not change. He pointed out that industrial maps are merely maps and not parcel maps and this may have some bearing on the subject. Mr. Musso explained that, normally, on the industrial parcel maps the Planning Department has written them up so that the parcel boundaries are not fixed like they are on a residential lot which will allow them to move a lot line. Cm Tirsel1 wondered how the streets could be planned if one doesn't know what the size of the parcel might be and Mr. Musso stated that the lot lines are set up so that they can be juggled with no problem. em Turner stated that it would appear that each application for design of the street layout would have to be approved by the City Council and Mr. Hutka explained that the street layout would be in the master plan with respect to the general circulation pattern and generally the area is served rather than an individual building. CM-28-3l4 August 19, 1974 (PM 1331 - Hutka) c Mayor Pritchard asked about the amount of acreage on the north side of the supposed interior street and Mr. Hutka stated about 10 acres and the Mayor wondered if the concern is that one industrial client might possibly come in and want 10 acres taking all the frontage on the street which Mr. Hutka stated is correct. Mr. Hutka stated that he is beginning to wonder if lots of streets will create a lot of little customers with small buildings rather than the overall picture expected. The best area will be the most expensive and a small business, overall, pays more because per square footage of lot you get a greater return out of the small building. em Miller stated that he would move that: a) the Council adopt the Planning Commission's recommendation for extending the streets to the property line and whenever one of the properties is developed the street must be extended all the way through with no odd pieces; and (b) that the Planning Commission's recommendation be amended to provide for a street cul-de-sac instead of an easement, between par- cels G and F. , _ j\I.I-" . ~fr !w L:r "f em Futch ~1"A ':Yo~ P:t'ilalu3c"rd asked if he meant between ~ and ~ and Cm Miller stated that the street goes between G and F so it provides access to Parcels Band C. He explained that the Planning Commission had recommended an ease- ment in this area but would move that this be a street. em Tirsell seconded the motion for discussion purposes. em Tirsell asked Mr. Musso the difference between the provision of an easement and a street which was explained. Discussion followed with regard to access for parcels Band C and Cm Futch wondered why a developer would come in at this time and request all smaller lots if at a later time he would like to have the flexibility of the large lots and it would appear that a better planning procedure would be to come in with the larger lots at this time and the City would not require as many streets and then, later, if the developer or client would like to divide the parcels into smaller lots the streets would be required to serve the smaller lots. Mayor Pritchard stated that he is not convinced of the necessity for drawing the other street with a cul-de-sac because they already have access and Cm Miller stated this is true but if Parcel C develops separately, there needs to be some kind of plausible access. Mr. Hutka stated that it would be economically impossible to pro- vide streets on three sides, as it also affects the finishing of North Mines Road because the area between there would become so expensive that no one could afford it and it would just lie there. em Miller asked if all three sides of the street will be charged to one parcel which Mr. Hutka stated is true and Cm Miller wondered why the public works improvements couldn't be amortized over the entire property and Mr. Hutka stated that the people on the major street pay more because they have better frontage. ~- CM-28-3l5 ~'-----~--..._...,_.~..----_.- August 19, 1974 (PM 1331 - Hutka) There was further discussion regarding access and em Miller stated that the difference between his motion and the recommendation of the Planning Commission is that he is asking that there be provision for a street rather than an easement down to parcels Band C, and is the only difference. em Futch commented that this is not an ideal place for an easement or a street and Mr. Lee explained that the easement as shown on Mr. Hutka's map (the east/west) should definitely not be allowed; the alternate access would be the north and south proposal and stated that there would be more than one place it could be put in. em Futch wondered if all the streets will go in immediately if just parts of the parcel develop and Mr. Lee stated that Mr. Hutka would have to commit himself to put in the streets, immediately, but in the process of development, if, in fact, everything to the south developed as one parcel he feels the staff and Council would be will- ing to eliminate that requirement, and em Futch stated that this is what he is looking for because Mr. Hutka wants flexibility in case a developer comes in and wants a large parcel. Mr. Lee stated that, on the other hand, requ1r1ng any of the streets eliminates some of the flexibility. In some ways he is committing himself once development begins. em Turner wondered why all of this was not discussed prior to its coming to the Council because there is a problem in the nature of the design and Mr. Lee replied that it was discussed. Cm Turner stated that it is the responsibility of the Council to insure that the access is correct and a good one and that Mr. Hutka would either have to accept it or redesign his development area and can't see doing it half way. em Futch stated that he agrees - if the Council approves this map there must be adequate access and on the other hand if a customer requests all of the property the road will not be necessary. Cm Futch felt it would be best to show the larger parcels and if it becomes necessary to develop smaller parcels the streets can be put in at this time to serve the small parcels. Mayor Pritchard stated that the reason the matter was brought up is because there is already development in the south-westerly corner and the easement the developer was proposing would be disruptive to the proposed underpass of Northmines Road and if he reads Cm Futch and Turner correctly they are saying that the Council should not have to actually approve a subdivision of industrial property this evening; however, we still have the problem of access to the parcel that is not developed. Cm Futch stated that this is not what he is saying but if the City is faced with this he thinks it would have to require that the road be put in (north and south). em Miller stated that he would like to clarify what he thinks is being said: If bigger parcels were proposed the City wouldn't have to do anything, but on the other hand if the smaller parcels are proposed the City would have to require proper access and his motion is based on that which is before the Council - the smaller parcels, and the Council should require the proper access. If there is a future change the Council can always reconsider. em Tirse11 wondered how one can justify a street on the east-west line to serve Parcels H, I and J and not provide the same street access for Parcel C. CM-28-3l6 August 19, 1974 (PM 1331 - Hutka) em Futch stated that if Mr. Hutka wants the map that is before the Council approved, then the street access must be re- quired to serve the small parcels and he can come in at a later time for a modification showing larger lots and the Council can ~ reconsider the streets. Mayor Pritchard asked why the map is before the Council, in that case, and Mr. Musso stated that Mr. Hutka filed a subdivision map because he wants to subdivide his property and the Mayor asked Mr. Hutka why a subdivision map was filed. Mr. Hutka stated that at one time there was a master plan and the west side of North Mines Road was approved and the other map was looked at by another Council and was a lot like this one. There was some master planning done at that time and the reason that portion was not considered was becaause it was in the County. He suggested that perhaps the problem could be solved by taking the three lots (one that doesn't have access) and making them long lots and if the lots are to be divided later he can come back to the Council. em Turner felt Mr. Hutka is asking for a change and would be will- ing to consider it if he could see the change but would not want to make a decision without seeing the change. Cm Futch pointed out that it is relatively a minor change being suggested by Mr. Hutka. em Miller stated that the Planning Commission recommendation is that the east-west street go in, no matter what, and requires that as soon as any development occurs that the street be contiguous so that there will be no odd-parcels. The motion he has made can read that an access south of the east-west street be required and the map the Council has shows that it should go between Parcels G and F but the Council does not have to require that it be constructed right away, so if there is a change it can be reconsidered. Cm Futch stated that this is one way to do it but the other way would be as the suggestion posed by Mr. Hutka by eliminating Parcel C and make F and E'extend all the way back to the property line. em Miller stated it is quite possible to do this but somehow it should be said in the subdivision map that any splits in the properties will require street access because he is unwilling to go through the process in one year of having an easement appear and property split without having the proper street. Cm Tirse1l stated that she would prefer to have the tract map, as seen 5tonight, approved, with Cm Miller's motion and leave it for amendment and not to require the north-south street at this time which will allow for flexibility for the developer. If Mr. Hutka chooses to redesign she would further amend the motion that any different subdivision of the property would be subject to the Council's approval, amendment seconded by Cm Miller. ~ Mayor Pritchard asked if this could be a valid condition and Mr. Lee stated that he believes so because there could be bonding for the improvements and the street would show on the parcel map and there could be an extension for the improvements for two years and further extended if there is no change or the properties have not developed. CM-28-317 August 19, 1974 (PM 1331 - Hutka) em Tirsel1 stated that she would like to add another amendment to state that the Council accept or reject the map tonight and refer it to the City Attorney for comment as to enforcement, or condi- tioned upon approval of the legalities by the City Attorney. Cm Futch felt it would still be better to adopt the suggestion made by Mr. Hutka and wondered if the Council could have the flexibility of looking at this also and em Miller stated that there is a certain time in which the Council must act and thinks they must make a de- cision tonight. em Miller stated that he would secone the third part of Cm Tirse11's amendment also. Cm Turner stated that he feels the Council is making a big thing out of the matter and feels that it should either be approved or turned dowu. If it is turned down Mr. Hutka can simply redesign it; however, at this point there are so many motions being made that he feels it is confusing. He stated that he also feels the matter should not have come to the Council in this manner and that there should have been more emphasis put on the problems of access before it came to the Council. The City Attorney was asked about the legalities involved in this matter and advised that the map should either be approved or dis- approved and not to condition it. He stated that he too is confused as to what the Council is requiring. Essentially, the jOb of the Council is to determine whether or not it is acceptable. em Tirse1l stated that in view of the comment made by the City Attorney she would like to withdraw her amendment. Mayor Pritchard restated the motion made by em Miller to approve the map, as recommended by the Planning Commission with the condition that the north-south easement be a fully constructed street rather than an easement, with a turn around. It was noted that if this is adopted Mr. Hutka can come back to the Council with a redesign and ask that it be reviewed, if there is to be a different arrangement of the properties. Mr. Hutka stated that the Planning Commission went over and over this very point and asked that the Council take into consideration the time and recommendation of the planning Commission. Richard Ryen, representative of the Livermore unitarian Fellowship, located across the street from the industrial area, stated that they are concerned with the development of the neighborhood and read a petition of concern to the Council. They are concerned for strip commercial and numerous driveways onto First Street and urged that the Council require a major street frontage to eliminate access and provide for an attractive entrance to the City. At this time the motion passed 4-1 with Mayor Pritchard dissenting. REPORT RE P. C. DENIAL OF APPEAL FOR REDUCTION OF FRONTAGE - F. W. Judge Mayor Pritchard asked Mr. Musso to explain the reasons for the denial of the application of F. W. Judge for reduction of frontage at 851 Las Flores Road and Mr. Musso explained that the issue is a structure allowed to be built as a temporary structure in con- junction with a tract sales and display operation and was actually the tract sales office. Behind the office were four single family dwellings on display for the Weisel-Reefier development. All of the CM-28-3l8 August 19, 1974 (Appeal for Reduction of Street Frontage - Judge) ~ ( , facilities were to be temporary; however, at a later date the developer succeeded in obtaining a variance to allow the four dwell- ings to remain as part of the multiple residential complex and were designed to be integrated into the apartment complex. Conditioned to approval of the variance to allow the four houses was to remove the office. Over a long period of time the City has been attempting to abate the use since it was not removed in accordance with the vari- ance and the property owner is now requesting a variance to allow the office to remain as a structure as part of the apartment house develop- ment. The main issue is that of setback - the structure does not meet the setback requirement. If it were located elsewhere and the setback satisfied, it would be permitted. The Planning Commission denied the variance and the applicant has appealed the matter. Mayor Pritchard asked if the original variance was a temporary variance and Mr. Musso stated that the staff approved it during the time the City was more lenient about sales and display operations, but it was approved as a temporary use for one year at a time. Frank Judge, 1223 Martin Street, Palo Alto, stated that he represents KFJ who now owns the units and at the time the variance was granted Reeder owned them. The office is not in front of the homes but rather beside them. He stated that he would like to know why this matter did not come up at the time the apartments were allowed to be built because it would have been much easier to move it at that time, when Reeder put them in behind the office. He stated that the building is located across from HOliday Inn and they would prefer that the build- ing remain because it is an attractive building and there would be an empty space if it were removed. He then spoke to the staff findings and in Item 1. he noted that it relates to privileges enjoyed by other properties in the vicinity and under identical zone classifications and asked what the other properties this refers to because there are no other properties there. He stated that finding No. 2 also relates to other properties and that No. 3 is not founded because the Holiday Inn has been very emphatic in their desire for the building to remain. He stated that if he has to remove the building he is allowed to build a shack with the proper setback and is exactly what he will do. Mayor Pritchard stated that the building has not been used as a sales office for some length of time and wondered why it was not abated when the sales from the office ceased and Mr. Musso explained that the original variance was granted in 1970 which stipulated that they were to tear the building down after they received the variance to keep the four houses and there have been a succession of letters to try to abate it and there were other things involved such as the sign which he believes Mr. Judge was responsible for moving. Mayor Pritchard stated that measures to abate the building have been going on for almost four years and wondered why the matter has never been taken to the District Attorney and Mr. Musso stated that at one time a complaint was filed with the District Attorney after which Mr. Judge came in and asked for a variance which is his right in an attempt to make it conform. r Mr. Judge stated that he has no record of any correspondence to the District Attorney or anything else and the only letter of rec- ord is that related to purchase of the property by KFJ, adding that at the time of purchase it was with the realization that the variance was temporary and did receive a letter from the City Attor- ney which indicated that the matter would have to be resolved, one way or another, about the middle of June. He stated that he has tried to get any correspondence which took place with Reeder from them, to no avail and has no record of any of these letters. Mr. Musso pointed out that the first letter that went to Mr. Judge CM-28-319 August 19, 1974 (Appeal for Reduction of Street Frontage - Judge) was in March of 1973, when he became the owner of the property, to the knowledge of the city. The Mayor asked about the nature of this letter and Mr. Musso replied that it was a letter indicating that KFJ is responsible for the structure and asked that it be abated. em Futch stated that at the time this matter came up before the ~ Planning Commission he was a Planning commissioner and recall~ .~ that the Plann~co~i~.took a very firm stand that.the ~* was not to be ~ ~~ n a permanent basis, and was contl.nuously the tone of the comments made related to this item by the Planning Commission and also the City Council at that time, and can see no justification for allowing the variance. The question is not so much whether there are property owners adjacent to it that would suffer but rather the fact that it would undermine the ordinance because if a variance is granted to one property owner, everybody has to be treated equally - and moved that the Planning Commission's recommendation be upheld, seconded by Cm Turner. Cm Miller suggested that the words "of reasons used by the Planning Commission" and the effect of this upholding the Planning Commission's recommendation in the denial of the appeal, based on their findings. Agreed to by the motion and second. At this time the motion passed unanimously. Mr. Judge stated that there is no way the building can be removed prior to 9 months. Cm Miller stated that he feels 9 months is unacceptable and would suggest that the City Attorney be directed to investigate as to what action would be appropriate in abating the building, seconded by Cm Tirsell. Cm Turner asked why 9 months would be considered too long a time to be allowed to abate the building and it was noted that the variance has been denied, it is illegal and 9 months is a very long time to get rid of an illegal structure. At this time the motion passed by unanimous vote. RECESS Mayor Pritchard called for a brief recess after which the meeting resumed with all members of the Council present. REPORT RE BIDS FOR PHASE II PROJECTS Mr. Lee reported that only one bid was received for the Phase II Capital Improvements Project for the "K" Street Mall and the mini- park to be located at the corner of First Street and South Livermore Avenue. However, the bid was about 20% higher than the engineering estimate and even though costs are increasing it has been determined that the bid is excessive, there is no urgency for the project and there is another mini-park scheduled for development at the west corner of First Street which perhaps could be included with the other work and would recommend that the bid not be awarded but rather go out for bids again during the next construction season so that these things can be included in other work. Mr. Lee then explained the design proposed for development of the mini-park and Cm Turner again stated that he would like to see parking for cars provided in this area as he feels it is a large amount of money to CM-28-320 August 19, 1974 (Cap. Imp. Projects-Ph. II) expend merely for the purpose of beautification of an area, that it could be pretty as well as functional. He felt the best use of the land would be to provide bike parking, automobile parking and beautification. ~' ~, Discussion followed regarding possible parking and Cm Miller pointed out that during the time this was discussed in the past there was a discussion about the problems of access, and the majority of the Council were opposed to the idea of providing park- ing because it would take so much of the property leaving little for beautification purposes. As he recalls, everyone agreed that plenty of bike parking should be provided because this does not take a huge amount of space. Cm Turner stated that he feels this would be a better use of the land and of the money and would move that the Council reconsider the design since the City is going to wait for more bids, anyway. Cm Tirse11 stated that she would like to second the motion because in her opinion it should be possible to combine the utility of the area and still screen the parking area, giving it a look of open green from the street and if there are access problems it would seem that they would not be too great because the cars were going in and out of the gasoline station at the time it was located on that corner and that probably the access problem was much worse at that time. There is probably no way the parking in this part of town can be increased unless provisions are made at the time bits and pieces are reviewed and in her opinion beauty and utility are possible. Cm Futch stated that he is opposed to spending funds for a park on that particular site but is also opposed to spending park funds for an automobile parking lot and will therefore oppose the motion. Paul Tull stated that no matter what the proposal might be for that corner he feels that Captain Essex might be worried about muggings that might take place in that area and that he might like to comment about this aspect. Captain Essex xstated that he has nothing to say unless the Council would like to ask a specific question of him. One member of the audience stated that it seems quite a few streets in the City of Livermore are being made into parks and personally avoids this particular intersection during rush hours because it is already narrow and would suggest that more room be made for cars by reducing the size of the proposed park and rounding off the cor- ner for a right hand turn. Mr. Lee explained that the corner has been moved back to provide for the additional lane and that originally the sidewalk was out another 12 ft. Moving back an additional amount would probably not solve the problem because the problem is created further to the south because there is not enough room to get into the right hand turning lane, and there will probably have to be some parking eliminated on South Livermore Avenue to help solve this problem. (' At this time the motion failed 3-2 with Cm Futch, Miller and Mayor Pritchard dissenting. em Turner moved that the bids for the mini park on the southeast corner of First Street and South Livermore Avenue and the South "K" Street mall be rejected, seconded by Cm Miller and passed unanimously. Mr. Lee stated that advertisement for bids was done in the normal manner but this is specialized because of the sidewalk surfacing CM-28-32l _.---_._--~. ".- -~_._----"-"^._....,.. I August 19, 1974 (Ph II-Cap. Imp. Projects) and perhaps more bids were not received because of the season and because construction workers are already involved with other jobs. Perhaps a good time to call for bids once again would be at the end of the calendar year or around October, November or December and this might be included in some of the work done at the same time First Street is being worked on. ~. em Miller stated that if the .~gO out for bid in October or / other proj ect is not ready. wait and advertise the major Council would agree he would like to November on these two alone, if the If the responses come back poorly, we project. (Clubhouse Enlargement - I-580 Sign Reconstruction) Mr. Lee explained that bids were received on two other small projects - enlargement of the clubhouse to supply additional space for the pro golf shop, and for the modification of the I-580 sign. Only two bids were received - low bid of $13,489 for the clubhouse, which is an acceptable bid even though higher than anticipated. He did feel it would be a good investment. The low bid for the sign modifica- tion is $1,370, and he recommended that the bids be accepted. Cm Futch stated he would like to make two motions and moved that the bid on the clubhouse enlargement be accepted, seconded by Cm Turner, and the motion passed unanimously to accept the bid from Miller Enterprises in the amount of $13,489 for improvements to the clubhouse at the golf course. Cm Tirse11 pointed out that the Planning Department had presented a sign design, indicating an estimate of $370. The Council had concurr- ed that not more than $500 should be spent to replace the sign. The Council had been informed that it was not the final design and suggestions were offered by the Council and they were told they would have a chance to review it again, and she was very surprised that it went out to bid, and she is opposed to the amount of the bid. Mr. Parness replied that the final design was posted for the Council's review and it was adopted. Cm Miller remarked that the Council had never agreed that it should go out to bid due to the amount of money they agreed should be spent, and the fact that City forces were to do the work was their decision. em Miller suggested that City forces should get to work on adapting the sign, and as far as he was concerned the bids were unacceptable, and moved that the bid be rejected, seconded by Cm Tirse1l. The motion passed unanimously. em Turner moved that they go back to the original figure they talked about - $370, with a ceiling of $500 to reconstruct the sign, and that City forces use the razed sign as much as possible to recon- struct the sign, and this should be done within the next 60 days, and the motion was seconded by Cm Tirsell. Cm Futch asked what the cost will be if the work is done by the City, and Mr. Lee stated that the bid is a pretty good indication, as the contractor is equipped to do the work and that is one reason it became a job outside the expertise of City forces. In reply to em Futch's question as to the cost, Mr. Lee stated it would cost the same amount regardless of who does the work, and the City is not equipped to do the work. Cm Miller.offered again his suggestion for a cheaper modification that could be done for a lot less than $500. For two and a half years the question of legality of the sign has been raised as it violates the sign ordinance, and it is time to get it changed now. CM-28-322 August 19, 1974 (I-580 Sign Reconstruction) Cm Turner remarked that the staff had informed the Council that the sign could be reconstructed for $370 and the figure was not broken down into materials only and labor only. If it cannot be done for that amount, the staff should so advise them. ( " Mr. Musso explained that the figure was for materials only if the work was done by the City staff. Cm Tirsel1 indicated that she was ashamed of the existing sign in its present condition, but was opposed to spending the amount that has been bid. The staff has advised that the sign cannot be recon- structed for $500, and she would support Cm Turner's motion, but if it cannot be reconstructed for this amount, she would favor repair- ing the existing sign. Cm Miller stated that if the staff comes back with an amount similar to the one proposed, he would suggest that the Council ask the Beau- tification Committee to solicit bids. Cm Turner was asked if his motion intended that the amount be for material only or total of labor and material, and he replied that he intended the $300/$500 to include both and it had been his under- standing that it could be reconstructed for that amount. If the staff advises that it cannot be done for this amount, the Council will have to take that under consideration and make their decision at that time. Cm Miller stated he was asking specifically if a new sign can be built for $300 to $500 or not and that the present sign be abated at the end of 60 days regardless of whether or not a new sign is built. A vote was taken on the motion at this time which failed with Cm Miller, Futch and Mayor Pritchard dissenting. Cm Miller moved the same motion, but that the sign be taken down within 60 days; motion was seconded by Mayor Pritchard, but also failed with Cm Futch, Tirsell and Turner dissenting. em Turner moved the same motion, adding that the $300/$500 is the figure given to the Council previously, and if the staff does not feel the sign can be reconstructed at that price, they should pre- sent a report to the Council in writing stating why it cannot be done for that amount. Cm Miller suggested they say not more than $500 out of pocket cash. Motion was seconded by Mayor Pritchard, and passed 4-1 with Cm Futch dissenting. REPORT RE HOLMES STREET PAVING (' \ A report recommending acceptance of the trench paving along Holmes street had been received from the Public Works Director at the meeting of August l2, and continued to this meeting. Cm Miller stated he was glad that the matter had been continued because the statement made in the report that the job is not per- fect, the appearance is patchy but the result is reasonably satis- factory, is not satisfactory to him. If the Zone 7 contractor does not return the street to its original condition, it is not satis- factory to him or to the people who use Holmes Street, and he felt some pressure should be put on Zone 7 and their contractor. Mr. Lee stated he would have to agree that the results are not per- fectly satisfactory, but whenever a street is cut into, there is a problem to reconstruct it to its original condition. The staff will again take the matter up with Zone 7 and the State Highway Department in an endeavor to have the work done to the Council's satisfaction. CM-28-323 August 19, 1974 (Holmes Street Paving) The Council further discussed the condition of the street, and Cm Turner moved that the Public Works Director be directed to recontact Zone 7 to contact the contractor to advise them that the reconstruction of Holmes Street is not satisfactory, and also to inform the State Division of Highways; motion was seconded by Cm Miller. Mr. Engel advised Mr. Lee to advise them specifically that it was in violation of the encroachment permit granted to them as outlined that it be maintained according to standards. Franklin Halasz, 229 Garnet Drive, stated he was a bicyclist and appreciated the Council's concern of the condition of the street. A vote was taken on the motion which passed unanimously. REPORTS RE STREET CLOSURES The Festival '74 committee has requested several street closures for the festival to be held September 28 and 29, and a report from the Police Department indicated there was no objection to approval of the request. Cm Miller moved that the requested closure be granted as recommended by the Police Department, seconded by em Tirse11, and the motion passed unanimously. The streets to be closed are 5th Street between Land K Streets; 4th Street between Land J Streets and K Street between 3rd add 5th Streets. (Salt Shaker Request) A request had been received from the Salt Shaker that J Street be closed between First and Second Streets on August 30, between 8:30 p.m. and 10:00 p.m. for a Christian street rally. A recommendation was received from the Police Chief to deny the request. Capt. Essex stated the Police Department was concerned on a couple of points regarding this particular street closure - the street is adjacent to three taverns and the time requested would be in conflict with normal parking and use of the street, and they were also con- cerned with the type of crowd that might attend the affair. Mayor Pritchard commented that this was the same street that was closed for the rodeo dance, and he did not feel that it should be any more of a problem for a group of young people to hold a religious meeting, and he asked Capt. Essex if he felt there would be more of a police problem. Capt. Essex replied that he did not feel there would be more of a police problem, but he felt the area of conflict would be between the participants of the rally and those attending the businesses, whereas the street dance attendees are doing the same thing the people in the bars are doing. Cm Tirse11 moved the Council adopt the recommendation denying the request, seconded by Cm Futch who stated he was sYmpathetic and hoped the group would be able to find a place that would be more acceptable and not have the potential problem of this location. Mayor Pritchard stated he would have to oppose the motion as he did not feel that this would be near the problem as a street dance and not as much of a police problem, and did not feel they would be giving the people equal protection under the law if they permitted a street dance and denied this application. em Miller remarked that this was a hard decision for him as he could see the point made by the Police Department, but there is no differ- ence between this situation and the one they just approved for street closure, and he would vote against the motion. CM-28-324 August 19, 1974 (Request for Street Closure -Salt Shaker) Cm Tirsell remarked she felt the Police Department was seeking to prevent any conflict since the group would consist of young people and there is the influence of the area. r \ A vote was taken on the motion which failed 4-1 with Cm Tirsell in favor of the motion. Cm Miller moved approval of the street closure, seconded by em Turner, and the motion passed 4-1 with em Tirsell dissenting. REPORT FROM PUBLIC WORKS DIRECTOR RE HEATHER LANE BRIDGE - Tr. 2619 The Public Works Director explained that this matter pertained to the Bevilacqua Tract 2619 wherein the City has a Memorandum of Understand- ing with the Kissell Company for development, and one of the condi- tions is that the Heather Lane bridge and appurtenant improvements be undertaken. Mr. Lee presented a map indicating the extent of the improvements which he explained in more detail. Apparently, the repre- sentative for the Kissell Company did not understand the extent of the required improvements, although the bond referred to in the Memoran- dum of Understanding is very specific as to what improvements were being bonded for. Mayor Pritchard asked if Kissel Company had a copy of the bond, and Mr. Lee replied that the matter was discussed this afternoon, and the representative stated he did not recall having seen the bond, however, it was part of the whole package agreement, bonds, etc. in connection with the subdivision. The bond is in the amount of $60,300 and was the subject of discussion at many Council meetings, and ME. Lee felt that in discussing the bridge, assumed the appurte- nant improvements were included, and since Kissell Company assumed the obligations of the subdivision and should have had knowledge of the extent of the obligations as specified in the bond - the com- pletion of the streets, sewer, curbs, gutters, sidewalk, construc- tion on Heather and Scenic Avenue between tracts 2440 and 2459 to the requirements of the City, and to maintain said street the time of acceptance by the City, and to construct the drainage structures on Heather Way in conjunction with Tr. 2459. Mayor Pritchard remarked that the agreement makes reference to the City instigating procedures to call the bond and wondered what happens to the money when the City obtains it from the bond. Mr. Lee stated it would not be necessary for the City to proceed with litigation against the bond if Kissell Company does the work as outlined. em Miller stated as he recalled the discussion Kissell Company would do the work, and the City would institute the action to recover some of the expense which was supposed to be paid by Bevilacqua, or their successors. Mr. Lee stated that the action has been instigated and is still pending and can be reactivated. r Cm Miller felt that we had the obligation to pursue the bond as we had promised Kissell Company that we would. Dewey Watson, representing Kissell Company, stated there is some con- fusion as it was their understanding they would not be responsible for improvements other than the bridge as all references are to the Heather Lane bridge and all discussions were regarding the bridge and he had asked for plans and specifications a number of times for the CM-28-325 August 19, 1974 (Heather Lane Bridge) bridge and was told there were old ones but that Zone 7 has changed the drainage plans and the bridge would be smaller. So a contract was entered into and the company hired Earl Mason and had him contact Zone 7, and that was when they first found out the additional require- ments of the roadway. He does not recall seeing a copy of the bond, but he may have, however he did not feel it is that controlling. He felt there was a misunderstanding between Kissell Company and the City, and suggested that it be left to litigation or arbitration, but that they not let stand in the way of the building of the bridge, of litigating the bond, completing the subdivision and selling the lots. Mr. Watson felt they had reached an impasse that could be resolved, which he had discussed with Mr. Lee and Mr. Engel, but nothing definite had been worked out. He stated that the amount involved was a matter of $30,000 and felt that this money should come from the bonding compay. By way of a settlement they might reach an agreement whereby the City would approve the subdivision so the sales can begin without waiving any of its rights against Kissell. Cm Miller stated that Mr. Watson had mentioned that the City might assign its rights to the bond to the Kissell Company, and wondered if there was anything wrong with that proposal. He felt it would solve the construction matter plus taking care of Kissell's problem and satisfy the City's agreement. Mr. Engel stated that this had been discussed, however he did not think that Kissell was proposing they would proceed to construct the roadway at their own cost and then pursue the bond. First, they would want to be sure they will recover on the bond before they construct the roadway. Mr. Watson stated he had received a copy of the bond today and he would like to talk to the attorney for the bonding company who was previously sued on the bond and examine some of their records as the bond was executed in 1964 and reactivated by letter agreement from the bonding company in 1971, but they are running close to the possibility of the statute of limitations bar, and there is also the bar that they have a prior law suit. There are all kinds of possible defenses to the law suit that would solve all the problems, and he would want to investigate the matter thoroughly before commit- ting Kissell to building the bridge and roadway. He did admit that they were committed to building the bridge. Cm Futch questioned if the Council could make the requirement of future development the completion of the road, and Mr. Lee stated it was possible, but it was a condition of the Bevilacqua Develop- ment that the bridge and the approaches to it - the connection between the old Springtown and the Bevilacqua area - be connected. The responsibility was put over to the second unit, and Kissell Company is now the developer of that second unit, and if it was put over, it would be relieving them of the responsibility. Cm Futch asked the City Attorney for his interpretation of the con- tract, and Mr. Engel replied that interpretation of Sec. F is the fundamental issue - whether Heather Lane bridge also means the con- struction of the roadway. He has been given the facts of both sides. Mr. Lee feels the roadway was in contemplation of the parties at the time the agreement was entered into; Mr. Watson feels it was not within contemplation of the parties, and when you reach that point, you have an impasse which is resolved either by declaratory suit or by sending it to arbitration, hoping to get a quicker determination at less cost. If the City is right the ruling will be in our favor and Kissell will agree to be bound and will then construct the roadway. Cm Miller suggested that the matter be referred back to the City Attorney for a report as to a specific recommendation out of the impasse. CM-28-326 August 19, 1974 (Heather Lane Bridge) /~ Mr. Engel stated it would be best if Mr. Watson received a favor- able report from the bonding company, but the staff will make a recommendation to the Council in any case. The Council concurred they want to get out of this impasse, and Mr. Engel added that the Council is legally obligated to get out of the impasse one way or the other otherwise there could be exposure to suit by Kissell. \ em Miller moved that the matter be referred to the City Attorney to report back with a recommendation as to a resolution after consulta- tion with counsel for the Kissell Company; motion was seconded by Cm Tirsell and approved unanimously. REPORT RE FIRE STATIONS 1 and 4 A report was submitted by the City Manager regarding the site loca- tion for Fire Stations 1 and 4. It had been the intent of the City, following the vacation of the old Police Building, to renovate the building to permit its occupancy by the Fire Department, however it was determined by a qualified structural engineering firm that the builaing was of questionable structural integrity because of its age and lack of wall reinforcing. The chosen site for relocation of Sta- tion 1 is at the Robert Livermore Park with frontage access on East Avenue. Following a study of several sites in the southwestern sec- tor of the City, it has been concluded that one should be selected at the intersection of Evans Avenue and Concannon Blvd. This pro- perty is privately owned and tentative negotiations have been started with the property owner in the hopes of resolving a recommended ac- quisition price. Mr. Parness reported that in reviewing the avail- ability of funding from current sources, the only possibility is to apply the balance of our city's receipts from the current five-year revenue sharing program. Supplementing this amount would be the sum already included within the 74-75 fiscal budget intended to be applied for the mobile facility to satisfy the housing requirements for Sta- tion 4, in the amount of $58,000. The cost for Station 1 would be $332,500, and for Station 4, $87,500. It is recommended that the staff adopt a motion which would embody the following points: 1. Authorize the formal negotiations and recommend for purchase the site for Fire Station 4 located at the corner of Concannon Blvd. and Evans Street. 2. Approve of the site location for Fire Station 1 at the Robert Livermore Park site either along the westerly extreme or the easterly extreme. 3. Approve the financing program as recommended in the report for the construction of permanent facilities for Stations 1 and 4. 4. Authorize the City Manager to solicit for and recommend the re- tention of an architect for station design purposes. r~ " em Miller commented that he had not been furnished with a map of the service area and he was unable to understand the report without the appropriate supporting document, and suggested that perhaps the matter should be continued until next week. Cm Tirsell indicated that she was concerned about the traffic on East Avenue if there were an emergency call during the rush hour and also with regard to the children crossing who attend Almond Avenue School. em Futch stated he was concerned that the City would be committing all the revenue sharing funds, plus an additional amount for fire CM-28-327 August 19, 1974 (Fire Stations 1 and 4) stations and felt the City should consider alternate means of finan- cing, and suggested that a bond issue for financing public facilities would be more desirable. He did not have any objection to acquiring the site for the two stations. Mr. Engel pointed out that with regard to the Pestana property on East Avenue, it is under eminent domain proceedings for purposes of a park site, and it would be his opinion that the property should not be diverted to a fire station site. There has been an answer filed to the City's condemnation ascerting as an affirmative defense on intentions of uses for purposes other than those stated in the lawsuit. He would advise the Council that the lawsuit would come to naught unless the property is used for the purpose authorized. em Miller stated he had no objection to Fire Station 4, but he was concerned about the location of Fire Station 1 which would leave the downtown area to higher exposure, and felt a downtown station is required to protect the area. It would also leave the northwest side at more risk than it is at present. He thought that to have a fire station on East Avenue at the suggested location essentially wastes the agreement made with the Laboratory to avoid having to build a new fire station for the time being. With the Lab being able to cover the Wagoner Farms area, he felt it would be better to have Fire Station 1 somewhere downtown, and that since the police building will have to be demolished, that area plus the existing fire station and the parking lot would provide a reasonable area for expansion and improvement of Fire Station 1, suggesting that the parking lot be left and a floor built above it. Cm Turner stated he agreed somewhat with Cm Miller as he did not think the station should be located at the suggested area, but on the other hand he feels that there is too much congestion in the downtown area, and felt the area of 7th Street and McLeod would be an ideal location. He was concerned that Station 4 would be located in a residential area and did not feel they were compatible. He felt Concannon Blvd. and Holmes Street would be a better site. Mayor Pritchard remarked the location for Station 4 as proposed was a good one, but felt if Station 1 were located on East Avenue it would negate the contract the City has with the Laboratory, however there are now legal concerns about acquiring the property. Mr. Parness explained that the matter of locating a fire station is one of technological concern and he fully respected the points raised about the East Avenue site, some of which he raised when it was first introduced by the Fire Chief. The site has been well researched and appraised by the Fire Chief, discussed with other authorities in the fire fighting business, particularly the insurance service bureau who will have a lot to say about the insurance rates and the fire rating of the City as to station strategic location. It will not negate the Rad Lab's protection because it is complimentary to what the City offers. All matters have been carefully weighed and considered by our technicians and these are their conclusions. Mr. Parness stated that the City owns the park site which was purchased with municipal funds, and he assumed that the westerly end of the parksite can be occupied, subject to the Council's wishes for this purpose. Cm Miller moved to continue the matter until next week asking the staff, including the Fire Chief, to respond to the questions raised by the various councilmembers, i.e. why downtown is a bad location, what other financing means, what advantage is there to having the lab contract, also regarding the statute concerning the use of park property, plus the appropriate maps for the existing system includ- ing the respons from the laboratory. Motion was seconded by Cm Tirsell and approved unanimously. CM-28-328 c (' August 19, 1974 REPORT RE ISABEL AVENUE HIGHWAY ROUTE REVOCATION The City Manager reported that notice has been received that the State Highway Commission will consider revoking any State inten- tions for the location of a freeway or lesser standard highway along the Isabel Avenue route. The major reason is based upon financial constraints although CALTRANS staff favors a highway standard. Por- tions of this proposed routing already have been acquired by the State and a major segment has been reserved in our City by subdivi- sion agreements. It is of significant importance that a highway alignment be planned and eventually installed along this route. It is recommended that the City Council authorize an official appeal be filed with the State Highway Commission seeking reconsideration of this matter and, secondly, that a request be submitted to Ala- meda County to increase their pledge to share in the financial contribution for this right-of-way acquisition from their existing share of $45% of 10% of the total cost up to 45% of 25%, which would be a total of $52,400, of which $23,580 would be requested of the County and the City would provide $28,820. It is thought to be that such a financial addition may impress the State enough to cause them to supply the financial balance for acquisition of the locally reserved property. Cm Miller asked if in discussions with the state the staff had indi- cated that the freeway is not necessary, but at least in the Liver- more area there should be a bypass to get the traffic off of Holmes Street along this routing. Mr. Parness stated that the staff has urged this and so has the state CalTrans staff, but to no avail. em Miller asked if we could get AssemblYman Bee and Senator Holmdahl to help with this, and Mr. Parness replied that perhaps we could. In a sense the state staff has urged the City staff to follow this course, and he was not sure whether the increased pledge would do any good or that the County would agree to it. Mr. Parness added that in all fairness his sYmpathy was with Mr. Elliott for ware- housing property on behalf of the state for three years without any recourse. A motion was made by Cm Miller, seconded by Cm Tirsell authorizing the filing of an appeal for reconsideration of the Highway Commission to establishing Isabel Avenue in the Valley at least fo~ highway purposes, also including the appeal to the County for financial participation of up to 45% of 25%. The motion passed unanimously. REPORT FROM CITY ATTORNEY RE UTILITY UNDERGROUNDING Recently the City Council adopted in principle a proposed policy drafted by a special City Council committee, working in conjunction with the Industrial Advisory Board, staff and Chamber, on utility undergroundil'lg. This was subject to a report from the City Attorney as to its legal implications. Mr. Engel explained that the City Council had stated that if it could make pOlice power findings, it would be possible to require the undergrounding of the laterals for individual parcels. After a study of PUC orders and a discussion with PUC officials it has been determined that subject to the making of police power findings the City can require developments along specified streets to install ducts and pull boxes along their frontages and to relocate wires in a streamlined overhead configuration. It is not believed that it should be stated in the form of City policy, but it should be in the form of an ordinance. CM-28-329 August 19, 1974 (Utility Undergrounding) Cm Miller moved that the Council ask the City staff to prepare the appropriate ordinance regarding the undergounding of utilities along the lines previously discussed; motion was seconded by em Futch and passed unanimously. REPORT RE PROPERTY ACQUISITION - GRADE SEPARATION PROJECT The City Manager explained that it is necessary for us to obtain a 10-foot parcel of property from Alameda County, their corporation yard, abutting the Western Pacific railroad tracks. The County staff has indicated that due to their severe property shortage at the yard, they would be willing to recommend an equal property ex- change with the City. Therefore an exchange has been worked out and it is recommended that a resolution authorizing execution of the deed be adopted contingent upon a similar action for exchange of property by the Board of Supervisors. em Futch moved that a resolution be adopted authorizing execution of the deed; seconded by Cm Miller and approved unanimously. RESOLUTION NO. 140-74 A RESOLUTION AUTHORIZING THE EXCHANGE OF REAL PROPERTY (County of Alameda and City of Livermore) REPORT RE PLANNING CONSULTANT CONTRACT DRAFT A draft contract had been submitted by the Planning Consultant, and also a draft contract prepared by the staff, following dis- cussions with the consultant. The Planning Commission and City Manager had also submitted a statement in this regard. Mr. Parness stated that he hoped the Council could come to some reso- lution very soon as the consultant has been proceeding at his insis- tance for a month without the benefit of a contract. em Futch pointed out that the Planning Commission's recommendations were not specifically spelled out and Mr. Parness stated that the recommendations are more procedural than anything else, and the consultant stated he would follow this if that is the wish of the Council. Cm Futch asked if the Council should get specific as to the numbers tonight. Mr. Engel stated as he understands it the Council should come to a conclusion as to which of the alternatives is wanted before execution of the contract, then adjust accordingly. Cm Miller suggested that since this was such an important contract and there was a lot of money involved, they should put over a more extensive discussion and perhaps the final decision until next week. Mr. Parness agreed that perhpas more time should be given for dis- cussion, and suggested that the Council make a statement that they agree in principle with the essence of the agreement as to the elements as defined and the dollar amounts except those wherein alternates may be considered. CM-28-330 August 19, 1974 (Consultant Contract Draft) Cm Miller stated he was concerned with Task VIII which he did not feel was adequately spoken to and is very vague and needs to be more specific, particularly interaction with the City Attorney's office. (~ em Futch moved that the Council adopt contract in principle, speci- fically the General Plan elements included, and agrees with the basic extent of the contract, but would like to review the wording, specifically Task VIII. Motion was seconded by Cm Turner and passed unanimously. PROPOSED CODE AMENDMENT RE DANCE ORDINANCE The Council discussed the proposed Municipal Code amendment re dances particularly the section pertaining to dance regulations, and con- curred that Sec. 7A.9 (b) should read "No disorderly conduct or be- havior shall be permitted." Also, at Cm Futch suggestion paragraph (c) pertaining to permitted hours was deleted. On motion of Cm Futch, seconded by Cm Miller, the ordinance was in- troduced as now stated, and passed 4-l with Cm Tirsell dissenting, indicating that she was not opposed to the intent of the ordinance but rather the wording of a specific item. The ordinance title only was read by the City Attorney. REPORT RE CONGRESS OF VALLEY AGENCIES (COVA) em Tirsell presented a report concerning the formation of the Congress of Valley Agencies - its structure and duties. She explained that the votes taken were unanimous and a motion was made to invite the County to participate, but if they do not, it will be formed without them along the lines as outlined in the report. She stated the other agencies were all undermanned and could not provide staff and it is intended that our City Manager be asked to provide staff, if not other arrangements will have to be made. Cm Tirsell stated there is no one organization that will fit the myriad of agencies there are in the Valley, and there is no way to make everything work smoothly and she could forsee some problems, but everyone was very enthusiastic. em Miller stated as far as he was concerned he could see no reason why Zone 7 should be a permanent member and would like Zone 7 to be deleted as permanent, and that when water is discussed, it be like the other agencies. Cm Tirsell stated that motion was made, but defeated 6-l, and the motion was rephrased that they would be reduced from two members to one. em Miller pointed out that they are a single use agency, and the per- manent members are the multi-use agencies. ( Cm Tirsell stated she understood the argument, and that was the same discussion that was held. Cm Futch added that the discussion occu- pied about two and a half hours, and this was the compromise that was reached - that the three land planning agencies would have two votes, and they would allow three special agencies (single purpose agencies) one vote apiece and that one of the agencies should be Zone 7. He felt it would be a mistake to attempt to change this decision. Cm Miller spoke to the duty of the Steering Committee to appoint citizen participants to the standing committee and activate the CM-28-331 August 19, 1974 (Congress of Valley Agencies) committee, and suggested that each multi-use jurisdiction may also appoint members to each standing committee, and em Tirsell explained that each agency will present the people they would like appointed, and agreed that the wording should be changed. Cm Futch felt that the Council should be asked for permission to commit staff assistance, and we would be reimbursed for one-half of a person up to $12,000. The Council discussed the possibility of hiring someone to handle this work if staff was not able to do so, and the staff was directed to check into this. em Tirsell moved that the Council endorse the new Congress of Valley Agencies, subject to clarification of the appointment procedure, seconded by Cm Futch and motion passed unanimously. Cm Tirsell advised they would be meeting the third Thursday of September and the issue to be discussed is solid waste disposal in the valley. REPORT RE ASSIGNMENT OF ZONING CATEGORIES - (North Front Road Annex 1) A report was received from the Planning Commission recommending re assignment of zoning categories to the recently annexed area - North Front Road Annex No.1, which is to be set for public hearing. Cm Futch moved that the hearing be set for September 23, seconded by Cm Tirsell, and passed unanimously. PLANNING COMM. MINUTES Minutes of the meeting of the Planning Commission meeting of August 6 were noted for filing. REPORT RE RELOCATION ASSISTANCE - Paradiso Mrs. S. Paradiso, operator of El pepe's Restaurant had appealed for help with relocation assistance at the meeting of August l2. A detailed report was submitted by our relocation agent in this matter with the staff recommendation that the report be filed. Cm Futch moved that the report be filed, seconded by Cm Tirsell, and the motion passed unanimously. MATTERS INITIATED BY STAFF (Staff Assistance) The City Attorney requested that the Council engage the assistance of Robert Anderson, who had represented the City of Petaluma, in connection with the pending federal court litigation brought against the City by the Homebuilders' Association. He is ready to undertake the representation, and he should be ratained at the hourly rate pertaining to the East Bay of $70.00 per hour. A motion was made by Cm Turner, seconded by Cm Miller, and passed unanimously to accept the City Attorney's recommendation and engage the services of Robert Anderson. CM-28-332 I August 19, !974 MATTERS INITIATED BY COUNCIL (Insulation Ordinance) em Miller asked what the status was of the insulation ordinance and was advised by the City Attorney that the Chief Building Inspector had made some comments regarding the ordinance inasmuch as he was on vacation at the time it was discussed by the Council, and he wished to discuss this further. A copy of his comments will be pre- sented to the Council. (Tax Rate) em Miller referred to a memorandum from the Finance Director con- cerning the overall tax rate, and stated he was under the impression it was to be discussed by the Council. Mr. Parness stated the League's position, and Mr. Engel further indicated that the point of the memo was to assure that administra- tively that if it has been Council policy to allocate a certain amount to the library and the park that this would continue in the like amount. (Air Pollution) Some discussion from the City of Pleasanton indicates that the smog is better than it once was, and Cm Miller stated he could not under- stand that position, when the air pollution is worse than it was in 1972 and probably just as bad as 1973. He felt that the people of the City of Pleasanton should be reminded that the air is not as clean as developers have been telling them. (re I-580 Widening) Mayor Pritchard reminded the Council that it was two members of the Pleasanton City Council that first approached the Livermore City Council with what is now the Council's compromise position regarding the widening of I-580, and we are now considered bad neighbors. (Park Acquisition- Greenville North) em Futch moved that the staff be directed to begin immediately con- demnation proceedings to acquire the park in the Greenville North area; motion was seconded by Cm Turner. Mr. Engel asked that they be furnished a property description of what is desired from the Engineering Department, and then present to the Council, as an agenda item, a completed resolution to be adopted next week. Motion was passed unanimously at this time. (Heritage Tree-Baptist Church Site) Cm Tirsell had asked about a tree located at the Baptist Church site and wondered if anything had transpired concerning it. ~ Mr. Parness explained that the Park and Tree Superintendent has physically inspected the tree, and reported that the condition of the tree under present circumstances is fair, and to transplant it would require special equipment at a substantial cost and the chance of survival if removed is 50/50. He has reported this to the owner, and provided them with information for its care. He has recommended against removal. CM-28-333 I August 19, 1974 ADJOURNMENT There being no further business, the meeting was adjourned at l2:20 p.m. :::::xecutlve seSSi~7-~:g~ personnel ATTEST ~~. '- ~I:..- . City Clerk Livermore, California Special Meeting of August 22, 1974 A special meeting was called by Mayor Pritchard to convene at 5:00 p.m., Thursday, August 22, 1974, in the City Hall Conference Room, 2250 First Street. The meeting was called for the purpose of Council consideration of the following: 1. To discuss site location and financing of Fire Stations 1 and 4. The meeting was called to order at 5:05 p.m., on the above stated date and those present were: em Futch, Miller, Tirsell and Turner, with Mayor Pritchard presiding. Cm Turner requested that discussion be held to the subject of finan- cing only. Mr. William Parness explained that the urgency in this discussion is because the deadline for requesting the County to place a local issue on the November ballot is August 23, therefore, should any action be taken by the Council, it must be before that date. Mr. Parness then explained the alternates for financing the projects as follows: Lease Purchase - Joint Powers Agreement - develop facilities which have mutual interest and usage. This method qualifies for state tax exemption, not available with revenue bonds. The bonds are marketable, do not require Internal Revenue review. Non-profit Corporation - A board acts as the financing agent, the City as the leasing agent. General obligation bonds - must be voted upon, two-thirds majority to pass. The lease purchase method could be used only for a civic center complex, not fire stations at another site. Concern was expressed for the chance of a general obligation bond passing when it is known that revenue sharing monies are available; also of concern was the marketability of the bonds if they were authorized. Finance Director George Nolan spoke to the possibility of market- ing the bonds and indicated his doubt that they would be unless the City had an A rating, which was doubtful. The Council generally discussed the alternates available with em Miller indicating no objection to use of revenue sharing funds, and his feeling that lease-purchase also should be submitted to the voters for a major facility. Cm Futch stated that the fire stations are most important, and he would like to see the acquisition of property for both sites and the building of Station 4. CM-28-334 with Revenue sharing funds~ but would like to see other funding methods attempted for constructlon of sta- tion 1 before committing all our revenue sharing funds to public safety. He pointed out the need to maintain funding flexibility in order that . other worthwhile projects such as public transportation, youth facil- ities, etc. would not be completely cut off from revenue sharing funds. August 22, 1974 / (Special Meeting - Fire Station Financing) em Tirsell expressed concern that the bond issue would not pass. Mayor Pritchard stated his feeling that revenue sharing funds had been used for one aspect of public safety, saw no problem with using these funds for fire protection. Also discussed was the pres~nt facilities at Station 1 and the need for remodeling. At the close of the discussion a motion was made by Cm Futch, seconded by em Turner, to acquire the property for Stations 1 and 4 (if so decided at East Avenue), proceed with con- struction of Station 4 with revenue sharing funds, also to hire an architect and support his fees with revenue sharing funds. This motion passed as follows: Ayes: Cm Futch, Tirsell and Turner Noes: Cm Miller and Mayor Pritchard A second motion was made by Cm Miller, seconded by Cm Turner, to finance Station 1 construction (wherever it may be located)with revenue sharing funds and passed by the following vote: Ayes: Noes; Cm Miller, Tirsell and Turner and Mayor Pritchard Cm Futch adj~ 6:00 P.~ ~ c ,~ ':-I- -" ~..... ! r-. '...../-\L.. ~ j /'.' ~/ " ./~"'i--- .... . i ..'CJ.ty C erk. TIivermore, California The meeting APPROVE. . ATTEST Special Meeting of August 26, 1974 A special meeting of the City Council was called by Mayor Pritchard to convene at 7:30 p.m. on Monday, August 26, 1974. The purpose of the meeting was consideration of labor matters. Present: Cm Futch, ~irsell, Turner and Mayor Pritchard Cm Miller (seated during the discussion) The meeting was adjourned to an executive session wherein the con- sultant firm conducting negotiations with the City's firemen submitted a brief report regarding status of the negotiations and related matters. The meeting a~~~p-t~ \.. ~(~f ~ 1'1 .~ t.. \( 'c!eJ ~1k' i CJ.ty C er Livermore, California APPROVE ATTEST (' \ CM-28-335 Regular Meeting of August 26, 1974 A regular meeting of the City Council was held on August 26, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:12 p.m. with Mayor Pritchard pre- siding. ROLL CALL PRESENT: Councilmembers Futch, Miller, Tirsell, Turner 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. OPEN FORUM (Protest re Cats) Paul Tull, 2243 Linden Street, reminded the Council that he had talked about cats the previous week, and while he was doing so a black, pregnant female, Persian cat laid this right underneath his window which he wished to have removed, and laid a plastic bag on the podium, which contained cat feces. Mayor Pritchard asked Mr. Tull to remove the bag from the podium which he refused to do and because of his refusal was later evicted from the Council Chambers~ (Complaint re No. P & Chestnut Sts) Mr. Jorgenson, 509 Madison Avenue, expressed his appreciation for the dispatch in which North Livermore Avenue was open to traffic. He also spoke of a letter he had received from the City which took in all the points which he has brought up. Mr. Jorgenson has pre- viously suggested that the signal lights at the intersection of P and Chestnut Streets be changed during the construction period to allow through traffic east and west on Chestnut Street, and enum- erated statistics of his observations at that intersection. Mayor Pritchard asked the Public Works Director if this intersec- tion had been checked out, and Mr. Lee advised they had observed the intersection, taken traffic counts and found that there was heavy P Street traffic, entering on the "T" intersection as well as substantial cross traffic, and considering the temporary nature of the situation, it was their conclusion that the traffic signal setup should not be changed. Mr. Jorgenson had suggested that the traffic signal be moved to the intersection of Olivina Avenue and Murrieta Blvd. during the interim period, and Mr. Lee replied that for the length of time involved the expense would be out of the question. em Futch suggested that the signal light be made to operate with blinking amber light for the Olivina-Chestnut Street traffic and monitor it for a few days, and if a real traffic problem occurs, it should be changed immediately, but would leave it to the dis- cretion of the Public Works Director. CM-28-336 August 26, 1974 (Complaint re' Telephone Courtesy-Police Dept.) Earl Ford, Sr. 765 Cardinal Drive stated he had attempted to contact the Police Chief and wanted to leave word for him to return the call but was told that if he wanted to talk to him he should come to the Police Station. He asked the Council just what he would have to do to be able to talk to the Chief. Mayor Pritchard asked Mr. Bradley, Assistant City Manager, to check into the matter. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT RE NEIGHBORHOOD COMMERCIAL DIS~ The Planning Director explained that the public hearing was for consideration of amendment to the complete Neighborhood Commercial zoning district regulations, which he briefly covered. He pointed out that they had attempted to eliminate some of the uses permitted in neighborhood shopping centers, hoping they would locate downtown. One of the main uses discussed by the Planning Commission was the eating and/or drinking places in these shopping centers and the use would be determined by the square footage. Those in excess of fifteen hundred square feet and/or serving alcoholic beverages could only be allowed by a Conditional Use Permit. The only use that could not be prohibited would be a franchise type of operation. They have increased the maximum size of the shopping center to eight acres, however the floor area is not to exceed 50,000 square feet, but an addtional lO,OOO sq. ft. of floor area may be allowed provided it is utilized to increase the space to be used for a food market, in excess of 20,000 sq. ft. He explained the allowable footage in more detail. The Planning Commission after long discussions did revise the amount of setback and it was increased from 64 to BO feet to provide additional landscaping. The landscaping provision has been modified to allow a vegetative screen of lO feet between an "R" or "E" District and a shopping center. There is also a provision in the ordinance for customer service facilities, which shall include benches, toilet facilities controlled by a business and a rest area and drinking fountains. Lighting is to be extinguished during periods when the businesses within the center are closed. Mr. Musso also briefly touched on the requirements having to do with the site plan approval, conditional use permits and location of eating and/or drinking places, so there would be no detrimental effect on adjacent residential area. Cm Tirsell commented that she had difficulty determining exactly what changes had been made, and Mr. Musso explained that the whole ordinance section had been changed. Cm Tirsell also asked if the amendment had been referred to the City Attorney, and was told that it had been, but normally it isn't until after the amendment is decided upon. Mayor Pritchard stated this was a public hearing and invited anyone in the audience to speak at this time, however no comments were voiced, and on motion of Cm Turner, seconded by Cm Futch, and by unanimous approval the public hearing was closed. ( Cm Futch moved that the hearing be continued and the Planning Director asked to highlight the changes that have been made as he too felt that it was hard to understand the changes that had been made; motion was seconded by Cm Turner. Cm Miller remarked that before they continue the matter, he would like to point out a few items for Council consideration, and em Futch suggested that perhaps he should list these in writing and present them to the Council next week also. However, Cm Miller suggested that they just all briefly mention what they would like considered. CM-2B-337 August 26, 1974 (P.H. re CN Zoning Ordinance Amendment) Cm Miller stated he had in mind possible deletions in uses - Paint, Glass and Wallpaper; Apparel and Accessories and Photo- ~raphic service; also deletion of retail uses which are not day-to-day uses such as apparel sales. He also questioned the size as it appears they are trying to discourage large amounts of retail in neighborhood shopping centers, and perhaps smaller sizes would be better and should be considered. Stores should sell predom- inantly new merchandise and he wondered why this had been deleted. To have toilet facilities which exist should be open during working hours. em Miller was also concerned about gas stations as there had been a policy that service stations would not be approved until 50% of the site is completely developed, and felt this should be included. These are the points he would like considered at the next meeting. The vote was taken on the motion to continue the discussion of this item until September 3, and passed unanimously. PUBLIC HEARING RE ZO AMENDMENTS TO RS DISTRICT The Planning Director explained that the revision was done in the RS ordinance in order to allow the City to zone somewhere between the I-acre in RS and the agricultural zone and what is proposed is an addition of RS-.25/acre and RS-.50/acre lots. The uses per- mitted are essentially the same, a major change had to do with the rear yard. The Planning Commission recommended that the rear yard be 25 feet and lots of record as of July 1, 1974 a minimum of ten feet, average 25 feet. em Miller commented that there is a general plan category which is 1.5/acre and there may be some merit in having a lot size corres- pond to that in the RS standards, and felt this should be included. Cm Tirsell asked how many lots were left in the RS-5 district, and and Mr. Musso replied that most of the RS-5 lots were those where they felt there might be a development problem and which might be solved by a higher density - one area at Hosker Lane, the property which the City purchased on Mocho Street and that is all. Cm Tirsell asked if those few parcels justified the RS-5 designation in the ordinance. Mr. Musso added that there were a few more parcels in the Wagoner Farms area; there is also some RS-4 left. Cm Futch stated that the RS-5 parcels that remained might be used as a density transfer and he would hate to have the flexibility removed, and Mr. Musso stated that the density transfer in the Wagoner Farms area turned out to be RS-5. Cm Tirsell stated she could not imagine using the RS-5 standard again, and Mr. Musso stated that one of the reasons it was left in as that there has always been a problem in the gap between the RS-5 and the RG-10, and if the RS-5 were eliminated, it would increase the RG-10. Mayor Pritchard suggested that the RS-5 designation might be useful for multiple residential, and Cm Miller agreed it would be good and that figure had been suggested many years ago, and that it not be exceeded, and Mayor Pritchard added that he would like the RS-5 left in at present. Mayor Pritchard stated that this was a public hearing and invited anyone in the audience to address the Council, however no comments were voiced, and on motion of Cm Tirsell, seconded by Cm Turner, and by unanimous approval the public hearing was closed. CM-28-338 August 26, 1974 (P.H. re Proposed Ord. Amendment - RS District) ( " em Miller stated that a portion of this chapter was designed to close the gap in the larger lot sizes, but a portion of the Planning Commission's recommendations came from the request by Cm Turner and himself for review of the backyard setbacks, and althouth the recom- mendation was better than before, he was not completely satisfied, and he wanted to discuss some of the backyard setback options. Cm Miller explained the lot coverage by drawings on the blackboard which led to the compromise that was finally reached, however the 60XlOO ft. lot size did not allow much flexibility even though the 25% coverage, floor area requirement was met. He stated that on an 80Xl25 ft. lot, 10,000 sq. ft., a 50 ft. setback, it is not hard to get a house and still have space to move around and there is more flexibility in the shape of the house. The whole purpose of the argument is that the houses were too close, and the idea was to have some open space plus some separation between the houses. Cm Miller drew a diagram of various small lot sizes, showing the possible maximum rear yard setbacks which would still allow a 25% floor area coverage for a l-story, and the setbacks could be even larger with a 2-story house. A 60XlOO ft. lot would allow 38.3 ft. setback for a l-story and 46.2 for a 2-story; a 65XlOO ft. lot, 40.3 ft. and 48.8 and for a 70X100 ft. lot, 4l.9 and 50.l. Whatever regulations there might be, tend to set a pattern for a developer to maximize _ a return from their investment and mini- mize their expenses. Cm Futch stated that Cm Miller stressed flexibility but whenever there are more backyard setback requirements, then flexibility is de- creased, and he asked the Planning Director if the Planning Commission had considered other alternatives. Mr. Musso stated that they had considered other alternatives - every- thing from the minimum of 10 ft. up to a 50 ft. setback. Mayor Pritchard asked if the Planning Commission had considered the formula as indicated by Cm Miller, (2 x floor area - garage) and Cm Miller stated he had offered the Planning Commission essentially the same kind of ideas he had offered the Council now, without indicating his preference. When questioned as to his preference he stated he liked the 40 ft. average, 25 ft. minimum. em Futch asked the Planning Director if he would be prepared to comment on the problems that might occur with unusual shaped lots if these formulas were used, and Cm. Tirsel1 also added what effect it would have on cluster housing, however Mr. Musso stated it was not appli- calbe to cluster housing. Cm Futch moved to continue the item for one week, seconded by Cm Tirsell, and the motion was approved unanimously. CONSENT CALENDAR (Cooperative Agreement re Traffic Signal at Holmes St.and Concannon Blvd.) /' An agreement had been presented for authorization of its execution regarding the traffic signal at Holmes Street and Concannon Blvd. Cm Tirse11 asked the Public Works Director if he had reviewed the specific terms regarding the conditions to rezoning as related to the traffic signal and if there was a specific sum of money indicated. i \ Mr. Lee stated it specified the type of signal required, and the agree- ment was to provide the signal, and in the event there was state CM-28-339 August 26i' 1974 (Signal Light - Holmes & Concannon) participation the developer would be given credit for that, which is the case. There is state participation and all excess costs will be borne by the developer. em Tirsell questioned why the City was entering into an agreement for $lO,OOO, and Mr. Lee explained that this agreement was for the medians on the approaches to the intersection. The medians could be painted and perhaps the Council might want to consider this as part of the traffic signal. Cm. Tirsell stated she could not justify City participation for that amount when the rezoning caused the need for the signal light. Mr. Lee stated he could outline precisely the layout for the inter- section and the Council could consider this at the next meeting. Mr. Lee remarked that this did not affect the agreement with the state, however, as the City had to make the agreement with the state, and agree to provide the money at the time they call fo~ bids; there is also the agreement with the contractor to put up the funds. The agreement with the state would in no way commit the City as far as an agreement with the developer. The City Attorney stated he would be concerned with the interpreta- tion of the agreement with the developer as to how much of the funds the City would be able to recoup, and the agreement should be re- viewed to determine the amount of reimbursement. Cm Futch moved to continue this item for one week, seconded by Cm Tirsell, and the motion passed unanimously, for review by the City Attorney and Public Works Director. Cm Turner asked .if a continuance might delay the work, and was told that it would not. (Report re Limited Parking 2815 East Avenue) It is recommended that the Council approve a resolution establishing a l10 line ft., 2-hour parking zone at 2815 East Avenue, along the frontage on 7th Street at the new medical offices. RESOLUTION NO. 141-74 A RESOLUTION AMENDING RESOLUTION NO. l29-72 BY THE INCLUSION OF llO FT. OF FRONTAGE AT 2815 EAST AVE. AS LIMITED PARKING AREAS. (Option Agreement re Grade Separation project, Parcels 9 and 10) The City Manager had reported that negotiations have been completed by our property acquisition agent for two parcels in the grade sepa- ration project with the respective owners with only the allowance of fourteen days for execution, and it was recommended that a motion ratifying this execution be adopted. (Report re Airport Limousine Services) six months ago a license was issued by the City Council for a limou- sine service with instructions that a report be made at the expira- tion of a six month trial period. A report has been received from the Police Chief indicating there is no reason why the license should not be renewed and issued on an annual basis. CM-28-340 August 26, 1974 (Park Site Acquisition - Greenvi11e North) It is recommended that a resolution be adopted authorizing condemna- tion of a park site in the Greenville North area. RESOLUTION NO. 142-74 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF FEE SIMPLE ESTATE FOR PUBLIC PARK AND RELATED PURPOSES OF 6.75 ACRES OF LAND FRONTING ON BRIDGEPORT CIRCLE AND ADJOINING A. N. CHRISTENSEN SCHOOL IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. (Payroll and Claims) There were twenty-two claims in the amount of $78,816.99 dated August 22, 1974, ordered paid as approved by the City Manager. APPROVAL OF CONSENT CALENDAR On motion of Cm Turner, seconded by em Tirsell, and by unanimous approval, the items on the consent calendar were adopted with the removal of Item 2.3. COMMUNICATIONS (Attic Fans) A communication was received from H. Bruce McFarlane in opposition of a proposed ordinance which would require attic fans to be in- stalled. ern Futch remarked that in conjunction with the energy crJ.sJ.s an ordinance having to do with insulation standards has been drafted and is awaiting comments by the Chief Building Inspector regarding the wording and procedures; also the City Attorney should render the legal opinions in regard to the ordinance in view of the fact that the City Council has established their policy. The City Attorney advised that the Chief Building Inspector was on vacation and that is the reason for the delay in presenting the ordi- nance to the Council as he is in disagreement with the Council's policy. Mr. Engel stated he was satisfied with the final draft of the ordi- nance, but wanted to discuss it with Mr. Street. r \.. Cm Futch commented that as far as insulation standards for older homes, he felt these should be discussed and there have been some suggestions furnished them by Glen Dahlbacka, and suggested that they should have something prepared in writing. Cm Futch moved that the City Attorney be instructed to discuss with the Building Inspector the terms and to prepare an ordinance appropriately modified as discussed by the City Council for the insulation for homes at the time of resale, and to also have prepared the suggested standards. em Futch stated that the newspaper article regarding the attic fans was completely in error and was not surprised that a citizen might be confused with these in- correct facts. The communication was noted and filed. CM-28-34l ----_..._"...."-_._--~_."-~_.._."'." August 26, 1974 COMMUNICATION TO MR. MEHRAN FROM CLARENCE L. HOENIG A copy of an open letter to the editor addressed to Mr. Masud Mehran from Clarence L. Hoenig was presented to the Council regarding the law suit by the Associated Building Industry of Northern California in which he asked Mr. Mehran to cast his lot with the people of Livermore. ern Miller remarked that the letter was very clearly and directly to the point and was an excellent letter. In conjunction with the letter, Mayor Pritchard asked the City Attorney if it would be normal to do business with the Associated Building Industry of Northern California since we are apparently in an adversary position with that firm. Mr. Engel replied that he should like to set it on a day-by-day basis as to whether or not it would be appropriate to do business with them. Mayor Pritchard stated that it might be appropriate for the manager to write letters to those people currently building in Livermore and elicit a response from them as to their feelings on the law- suit and of their membership. Mayor Pritchard felt that if people belong to an organization that is suing the City, the City has an obligation to determine if their feelings are the same as those of the Associated Building Industry. Mr. Engel suggested that if the developer has otherwise complied with all the requirements of the City's ordinances and is otherwise entitled to the City's affirmative action, that should not be denied because an association to which he belongs has brought suit. em Turner asked what the benefit would be if we did determine this, and Mr. Engel stated that so long as they were in compliance with the City's ordinances, we do not have any alternative other than provide them whatever relief they sought based upon our ordinances and our discretion to act under those ordinances independent of the fact that there is test litigation outstanding. Cm Turner did not feel that a letter at this time would be appropriate and Cm Futch agreed, as it would place them in an awkward position as they may not want to publicly state their position. em Tirsell commented that in response to the publicity stunt that the Associated Homebuilding Industry regarding the windfall she had prepared a statement and asked the Council's support: "An obvious state of concern to Livermore, the City Council took note of a recent news release from representatives of the Associated Home- building Industry, stating that a class action lawsuit may be in- troduced against the City of Livermore, seeking reimbursement to residential homebuyers in the City for fees and charges allegedly unconstitutionally or expectedly paid by homebuilders. The implica- tion is there if such a suit is successful, homebuyers would be sub- ject to significant monetary returns. The City Council wishes to make it very clear that this threatened class action appears to be a harrassment technique and based upon the advice of legal counsel, the suit is not supportable. The City Council declares that all the fees and assessment charges that are imposed for construction purposes in the City are based upon charges that the City Council has stated have been carefully calculated so as to reflect the costs of pro- viding respective services for which they are paid." Cm Tirsell concluded by saying it seemed a shame that the City is forced to support the legal defense of an ill founded claim of the building industry. em Miller moved to support the statement made by em Tirsell regard- ing the so-called windfall, seconded by Cm Turner, and the motion passed unanimously. CM-28-342 August 26, 1974 COMMUNICATION RE CURBSIDE MAIL DELIVERY FROM CITY OF NEWARK A communication has been received from the City of Newark asking for support in objecting to the Post Office's policy of having only curb- side mailboxes in new subdivisions. i- I \ " Cm Miller felt that the Council should support the City of Newark and send the City's objections to the Post Office and to the Congress- men and Senators as well and so moved, seconded by Cm Turner, and the motion passed unanimously. RODEO PARADE SUPPORT A discussion concerning the rodeo parade was continued to this meeting. Cm Futch stated he had spent a good deal of time talking with a cross section of the community regarding the rodeo parade and felt that the large number of people would like to see the parade continued, however many did not want it funded with tax funds. The majority felt the Council should make the decision and did not feel the amount of money involved warranted that the item be placed on a ballot, with which he agreed. The members of the Rodeo Associa- tion consider the rodeo as part of their heritage and feel strongly that it should be continued, and he shares these feelings and concerns for preserving something from our past history that is unique. Cm Futch moved to appropriate $1,200 for the rodeo parade for the coming year, seconded by Cm Turner. Cm Turner stated that a person from Salinas stated that their rodeo had been funded by their Junior Chamber of Commerce and they had a 3year phase out program in which they funded them the first year, then the following year just a portion to give the rodeo association an opportunity to work out a fund raising program, and he felt this was a good idea and was his original suggestion. Cm Tirsell commented that she regrets the emotionalism that surrounds this item, and was the reason she supported the Council's original policy because if you have a policy that you will not give City funds to non-city committees, then when someone approaches the Council for funds, the emotionalism is gone. Cm Tirsell referred to something else that added to the emotionalism i.e. an item in the paper by former Mayor Marguth which she quoted from, which indicated there was a lack of communication between Councilmen and voters. She pointed out that this sort of article is undermining local government and is one of the sources of trouble. The other members of the Council agreed that the statements in the article were uncalled for. ( \ Cm Miller stated that emotionalism has been raised by two of the three valley newspapers by a series of falsehoods and distortions, a few of which he mentioned, and the statements were also made by a few members of the Rodeo Association and expanded upon, which he personally resented. He felt the issue was relatively straightforward - should the City provide a cash subsidy of the rodeo parade above and beyond the indirect subsidies such as extra police and public works, which the Council agrees should be provided. em Miller suggested two ways to raise money for continuance of the parade - raise the entry fee, or the Rodeo Association, even though they are a non-profitable organ- ization, since they have made a fair amount of money on the rodeo, could pay this money for the support of the rodeo parade. He would oppose the motion since he believed these other sources are possible, and he did not feel the City should support a private organization in opposition of the policy suggested by em Tirsell. Bill Thompson, 463 South I Street, stated it is a common practice for cities to spend a certain amount of money on advertising for the City, and he felt the rodeo parade, which represents the City's heritage, would do more to advertise the City of Livermore than a sign on the freeway, and he would like to see the parade continue. A vote was taken on the motion at this time and passed 3-2 with Cm Miller and Tirsell dissenting. CM-28-343 August 26, 1974 RECESS AFTER A SHORT RECESS, THE MEETING RESUMED WITH ALL MEMBERS OF THE COUNCIL PRESENT. DISCUSSION RE PLANNING CONSULTANT CONTRACT The discussion concerning the General Plan Consultant Contract was continued from the meeting of August 19. Mr. Donald Crawford, of Grunwald Crawford Associates summarized what has been going on: On July 24 they submitted a proposed con- tract; August 16 they received letter from the City Manager, out- lining the suggested amendments to that contract, and he and Mr. Parness met and resolved all the questions with two major excep- tions having to do with the scope of the program, and that was resolved because it was a clerical error. The other item they discussed was in regard to the penalty. They realize that time is of the essence, and have never heard of a penalty clause being included and they would question this provision as it would be very hard to enforce. They would prefer that there not be a penalty clause, but would agree to wording in the contract that states that the contractor does fully recognize that time is of the essence. Beyond that there were no major areas of concern with the contract. Subsequently they received a summary of the comments or suggestions made by Cm Miller which he reviewed. Rather than the review and adoption process suggested, he stated they would present to the Council an activity plan which relates to the various tasks much more detailed than what would be in the contract. Mr. Crawford stated it would be the Council's prerogative throughout the program to include things or exclude things as it sees fit as it relates to policy, and he did not quite understand Cm Miller's point. Cm Miller explained that if there is a goal to be rejected, it should be presented to the Council in writing, and the Council would reject it in writing, stating that the object is that it is possible for a general plan to go off in directions having nothing to do with the work of the citizen's committee, and the Council has accepted the report of the citizen's committee and they should not overlook some of these goals, and he did not feel this would restrict the consultant. Mr. Crawford stated he understood the intent but it is simply a case of going through the various tasks and as the tasks are developed there will be a section probably called major issues and policy consideration and under those, they will identify, taking right out of the committee's report those policies relative to that par- ticular task study and in addition, they will identify how, if at all they conflict with other policy considerations or recommendation they would have. It is a complete analysis of that report as it relates to each of the various tasks that would even go beyond the report, and in one sense this would protect them, because the City has to give them a statement that the City wants to change the policy report. Mr. Crawford explained that the initial report and summary report of the individual basic studies will all set forth policies and they will be identified as those included in the committee's report. They simply do not want to be constrained from doing a totally professional job initially. em Miller suggested that perhaps the initial reports would resolve the question and simplify the task because the initial reports will come to the Council and can be discussed with the consultant. The Council, City Attorney and Mr. Crawford discussed, at length, the contract draft and came to agreeable conclusions. The document will be written in final draft form for presentation at the Council meeting of September 3, 1974. Cm Miller moved that the City Attorney be directed to draw up a final draft of the contract, as amended, seconded by Cm Tirsell and the motion was adopted unanimously. CM-28-344 August 26, 1974 (re Consultant Contract for General Plan) i- \ '-, Bill Zagotta, 5155 Lillian Court, stated that he worked with the General Plan for over a year with the Citizens Committee and has met with all of the potential consultants and would like to say that his only concern is that we get through Task VIII on time. Three things have come to mind during the discussion and one is that a project plan should indicate how Task VIII will be delivered on time, and if we wait until January 1 to find out that Task VIII isn't going to make it on time we have lost the whole ball game. Secondly, there was discussion regarding whether or not material submitted would be in a form to permit adoption of a General Plan amendment and presum- ably what this means is that if Task VIII came on January lst the current General Plan would be amended to incorporate it because the new General Plan will probably not be adopted, in total, until late 1975. When one looks at the list submitted by Cm Miller it is obvious that there can be no delays or the time schedule cannot be met. It would seem that what is submitted on January 1, 1975, must be in a form that can be adopted, without change, or at least very close to it. Thirdly, he felt one thing has been left unsaid and that is that it was agreed that notification would be provided of any deviations from the goals in the Citizens Committee report and there was some discussion as to whether it should be in the initial report or the final report and would hope that something would be said about the time of the notification. Cm Miller commented that it was concluded that it would appear in the initial reports. Mr. Crawford stated that in his opJ.nJ.on the City does not have a panic situation, even if all of Task VIII is not in the City's hands by April l, and Cm Miller commented that every ordinance the City has with respect to regulating growth is being litigated. At this time the motion passed by unanimous vote. REPORT RE TRACT 3615 The City Attorney stated that it is not necessary to act on the matter of the Tentative Tract Map for Tract 3615 and on motion of Cm Turner, seconded by Cm Tirsell and by unanimous vote the matter was postponed until the meeting of September 3, 1974. Cm Miller stated that all the details of the park dedication and a recommendation from the City Attorney's office about how to collect the park dedication fees should be in the City's hands before a decision is made. The recommendations from the Planning Commission were unclear and the actual properties are still unclear and there are all kinds of things that are not clear, and all of the options should be available in writing. Cm Tirsell added that she was not on the Planning Commission or the Council during the time the Gillice property was discussed and would need background information before discussing the matter next week. ('. COUNTY REFERRAL RE BUENA VISTA/ALMOND AVENUE AREA A report was received from the Planning Commission regarding its consideration of a referral from Alameda County for rezoning the Buena Vista/Almond Avenue area and for which a recommendation was made for rezoning reflecting a minimum of 2~ acre lot sizes. Valerie Raymond reported that the County Planning Commission, today, did vote to rezone the area to five acre lots. CM-28-345 August 26, 1974 (re Rezoning of Almond Avenue Area) She stated that generally speaking she cannot understand the City's concern for the deep narrow lots in the rural areas because people usually use the property for horses. She commented that her main bone of contention with the report from the Planning Commission is that it makes the assumption that the people on the street are willing to allow development and sewers, and she stated this is not true. She has been circulating a petition in favor of 5 acre lots and illustrated properties desiring 5 acre lots, color coded, and the reason the people want rezoning to 5 acre lots is because they do not want development. She stated that she knows of no one who is in favor of annexation and sewage because this will bring the very kind of development the people in the area oppose. It was noted that this matter must still go before the Board of Supervisors and the Council should take action on it. The Planning Commission's recommendation was for 2~ acre lot sizes, annexation to the City, and connection to the City sewer prior to allowing development and em Tirsell wondered if 5 acre lot sizes had been considered and Mr. Musso explained that all of this had been taken into consideration. Cm Futch moved to continue the matter until September 16th, seconded by Cm Tirsell which passed 4-1 (Cm Miller dissenting). REPORT RE PROPERTY TAX RATE FOR FISCAL YEAR 1974-75 A report regarding the property tax rate for the 1974-75 fiscal year was prepared by the City Manager which indicated that the assessed valuation has increased l3%. In order to alleviate the effect on the General Fund it is suggested that the tax rate for the bond fund and retirement fund be reduced Ie each and the General Fund increased le which results in a total City tax rate reduction of le. It is recommended that the Council adopt a resolution establishing the tax rate at $1.45, as suggested. Cm Miller wondered why the City shouldn't keep the extra le which would bring in an additional $ll,OOO and would mean an additional 65e per family, and Mr. Nolan explained that SB 90 limits the amount of tax rate that can be levied with respect to bonds. em Futch moved to adopt a resolution establishing the 1974-75 fiscal year tax rate, seconded by Cm Miller and passed unanimously. RESOLUTION NO. 143-75 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR 1974-75 REPORT RE STREET LIGHT POLE DESIGN On motion of Cm Futch, seconded by Cm Miller and by unanimous vote the matter of the street light pole design was postponed for one week. CM-28-346 August 26, 1974 DESIGNATION OF DELEGATE RE MEETING FOR REVISED BY-LAWS On motion of em Futch, seconded by Cm Miller and by unanimous vote, Cm Tirsell was selected as delegate to attend the League of Califor- nia Cities meeting for the proposed revised by-laws for the East Bay Division to take place in Hayward on August 27th at 7:00 p.m. ADOPTION OF DANCE ORD. On motion of Cm Futch, seconded by Cm Turner and by a 4-1 vote (Cm Tirsell dissenting) the ordinance relating to dances was adopted with' the second reading waived and title read at the last meeting. ORDINANCE NO. 846 AN ORDINANCE AMENDING CHAPTER 7A, RELATING TO DANCES, OF THE LIVERMORE CITY CODE, 1959. One member of the audience asked why there was no discussion on the dance ordinance and the Mayor explained that it was discussed at length a few months ago and the first reading took place last week. The gentleman wondered the reasoning behind the ordinance and indica- ted that he has not seen a copy of it but read about it in the news- paper. He was told that he could receive a copy of the ordinance as well as comments made by the Chief of Police and if, after reading these, he still wishes to make a comment the Council would be happy to listen. MATTERS INITIATED BY THE COUNCIL (Trash Containers) Cm Turner stated that he has been informed by the Beautification Committee that trash containers have been placed in the Springtown area by the duck pond and that they are being used by the public. (East Avenue Speed Limit) Cm Turner stated that he continues to bring up the matter of the speed limit on East Avenue and wondered if there would be any way the City could annex that area so that the speed could be controlled by the City, and also that perhaps then the street could be improved. Mr. Lee indicated that portions could be annexed - up to Wagoner Farms, and will report back to the Council on this suggestion. (Rebuttal to State- ment by Floyd Mori) ( \" Cm Turner stated that he would like to read to the Council a statement about Floyd Mori because of an article written by him which appeared in the newspaper. "Recently Mayor Mori, of Pleasanton, elected to reprimand our Council for our bad neighbor policy concerning I-580 and he did this with the full knowledge that just a few short weeks ago two of his Councilmembers, LeClair and Herlihy, had indicated to Livermore Councilmbmers Tirsell and myself, that a six lane treatment plus lanes for rapid transit was a solution to the transportation prob- lem." He stated that he and Cm Tirsell carried this message to the bal- ance of the Livermore City Council and the Council adopted this concept. "Now, Mayor Mori and Councilmember Herlihy, without advising the Liver- more City Council of the new position, have come to cast us as an unwan- ted stepchild. Our Mayor defended our position with a recent press CM-28-347 August 26, 1974 (re Statement Pre- pared by Cm Turner) release that was published in the three local papers." He stated that his stand on the widening of I-580 has not changed and with the know- ledge that the VCSD also supports the six lane concept and with the recent statement of the EPA that they will not stand in the way of the full treatment will try to place his words in such a tone that they will be fully understood. .. The six lanes are sufficient to re- lieve the commuter problem and allow the rapid transit system suffi- cient ground surface to serve the valley. It will allow the minimum disturbance of the natural terrain and provide a safe surface to travel on. To continue expanding freeways is not the final answer to the transportation dilemma. The Department of Transportation rep- resentative freely says that by 1990 the expanded freeway will not be sufficient to meet our future transportation needs of the valley. In view of this it seems clear to me that we are being shortshighted and to lay endless ribbons of cement is only a method of using up our avail- able land resources and a visible method of spending tax dollars. These dollars could be used in research and development of long range trans- portation problem solvers. In the total analysis, though, it is appar- ant to me that the commuter congestion has to be relieved quickly." He explained that he is saying this because there has been so much comment that the Livermore Council is opposed to it and the Livermore Council is not opposed to it. He stated that if it comes to a point in time where his stand, speaking as an individual, would jeopardize any relief for the commuter then the needs of the commuter become the overpowering factor and he would be forced to support the majority position. Cm Futch asked what majority position Cm Turner is referring to and Cm Turner replied the majority position on what is to be done with the freeway. If it ever comes to the point that the City of Liver- more somehow becomes the instrument that stops any widening of the freeway (I-580) he would certainly be opposed to that. The point he wanted to make is that he, as a Councilman or a resident of Livermore, will not jeopardize the safe travel of commuters in and out of the valley. If people believe our position is against any widening of the freeway, they are wrong, and that is the point that has to be clarified; Livermore is not opposed to the expansion of the freeway. (Abatement of Illegal Structure) Cm Miller referred to the direction given to the City Attorney to investigate what action would be appropriate in abating the build- ing at 851 Las Flores Road (F. W. Judge), stating that the Council had two options - to refer the matter to the District Attorney or institute a civil action. em Miller suggested they should wait only a::certain finite time before they decide what course of action to follow - perhaps a month to abate the building, and notify Mr. Judge immediately that the Council intends to institute some action within the finite time period. He asked the City Attorney if it would be possible to have the District Attorney handle the matter. Mr. Engel stated this was a classic example of a flagrant violation of our laws if the structure is not abated. Cm Miller asked Mr. Engel if he would contact the District Attorney and ask if he will pursue the matter, and Mr. Engel agreed he would contact him and report back to the Council next week. CM-28-348 August 26, 1974 (Minimum Water Pressure) Mayor Pritchard asked the Public Works Director if there was a minimum water pressure that should be maintained by a private water company and was told there was not. He stated that he has had many complaints from those people who are serviced by California Water regarding the low water pressure. Mr. Lee stated he would check into the matter and report back. (Landscaping as Buffer Between Sunrise Mobile Home Park and Freeway) Mayor Pritchard questioned the conditions for approval of the Sunrise Mobile Home Park regarding landscaping along the freeway, and asked the Planning Director to review the conditions to insure they are carried out. (Appointment to Community Affairs Committee - Wm. Archer, Jr.) Mayor Pritchard announced the appointment of Bill Archer, Jr. to the Community Affairs Committee. (Proclamations) Mayor Pritchard proclaimed the following: September 1 and 2 as Jerry Lewis Muscular Distrophy Telethon Day. November 4 to II as Veterans' Week, and November II as Veterans' Day Parade Observance Day in the City of Livermore. September 17 to 23 as Constitution Week. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at l2:35 a.m. 0 an executive session to discuss personnel matters. APPROVE Mayor , -- ;;,) 6 tl-,,(' C1erk California ATTEST I . . L4-. t' J-1~ /0.j City Li vermor'e , CM-28-349 Regular Meeting of September 3, 1974 A regular meeting of the City Council of the City of Livermore was held on September 3, 1974, in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:12 p.m., with Mayor Pritchard presiding. ROLL CALL (~ PRESENT: Cm Futch, Miller, Tirsell, Turner and Mayor Pritchard ABSENT: None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members and those present in the audience in the Pledge of Allegiance. MINUTES On motion of Cm Miller, seconded by Cm Futch, the minutes of the special meeting of August l6 were approved as submitted, the minutes of the meeting of August 19, approved as amended, the minutes of the special meeting of August 22 approved as amended, and of the special meeting of August 26, approved as submitted. Corrections were as follows: Page 3l5, 4th paragraph, lst line corrected to read, "Cm Futch asked if he meant between G and F and" Page 320, 2nd complete paragraph, end of 3rd line, ".....stand that the building was not to be allowed on a permanent basis, and that..." Page 322, 2nd paragraph, 1st line, "...would agree he would like to see us go out for bid..." Page 334, add to last paragraph, "...with Revenue Sharing funds, but would like to see other funding methods attempted for construction of Station 1 before committing all our revenue sharing funds to public safety. He pointed out the need to maintain funding flexibility in order that other worthwhile projects such as public transportation, youth facilities, etc. would not be completely cut off from revenue sharing funds." OPEN FORUM Sarah Thomas, l274 Lomitas Avenue, spoke about health care and hoped that the Council might lend their aid to its improvement as she was concerned that there are only three general practitioners in the City since one would soon be leaving. She wondered if the Council could advertise or back some advertising for doctors. ern Turner stated that there was a group of doctors in the Chamber of Commerce who desired to work on some project within the City and he wondered if perhaps if they were still interested, the Coun- cil could refer the matter to them and ask for a report. Mayor Pritchard suggested that the City staff be asked to check with the hospital staff and board to see what steps they have taken to recruit doctors and ask for an appraisal of the problem, if one does exist, and the staff was so directed. Cm Tirsell was asked to check with the Chamber also. /\. em Tirsell remarked that the problem seemed to be nationwide perhaps because the trend towards specialization is so strong, and the medi- cal schools recognize this. California does allow paramedical train- ing, but there are no paramedics in Livermore, and Mrs. Thomas stated she did not think they would be acceptable in this community. CM-28-350 September 3, 1974 CONSENT CALENDAR (Resignation From Beauti- fication Committee - Walt Davies) A letter of resignation was received from Walt Davies from the Beau- tification Committee, and the Council accepted his resignation and asked the staff to send him a letter of appreciation for his service on the committee. (Payroll and Claims) There were ninety-seven claims in the amount of $l86,429.96 dated August 29, 1974 and payroll warrants in the amount of $83,162.06, dated August 23, 1974, ordered paid as approved by the Finance Director. APPROVAL CONSENT CALENDAR Cm Miller moved that the items on the Consent Calendar be approved, including the suggestion that the letter of appreciation be sent to Mr. Davies; motion seconded by Cm Turner and approved unanimously. RESOLUTION RE SOLID WASTE LANDFILL OPERATION FROM CITY OF PLEASANTON A resolution was received from the City of Pleasanton reiterating opposition to solid waste landfill operation on Kaiser site adjacent to Pleasanton. ern Miller suggested the City send a supporting letter to the State Water Resources Control Board. ~Y Cm,kJrsell remarked that in a spirit of valleywide cooperation, she ~ ~f~P~v~d that the City notify Pleasanton that the City of Livermore does concur with their position and will notify the agencies respon- sible of the Council's opposition~ motion was seconded by ern Miller and approved unanimously. TENTATIVE TR. 3615 - CASTILLEJA DEL ARROYO PHASE III - Gillice The Planning Director explained that the main issue still has to do with a park dedication for the subject tract (Tract 36l5) of 3.08 acres. The previous park dedication requirements were based on a ratio of one acre per one hundred dwelling units while a sub- sequent ordinance amendment specified two acres per one hundred dwelling units for subdivision. In lieu of the acreage would be fees of $3,000 or $4,000 - the main difference is the number of units per acre, so he felt it would be to the City's advantage to accept the fees. Mr. Musso referred to his letter which indicated the Planning Commission's considerations. ern Futch asked why the Planning Commission had not included the Zone 7 requirement, and Mr. Musso stated that it was an agreement between Zone 7 and the City. Cm Futch commented that Pacific Tele- phone has also asked the Council to make some requirements, and he wanted to know if it would be reasonable. The Public Works Director explained the Zone 7 requirement with regard to storm drainage, stating it was a condition which the City was imposing for occupancy of the apartments. During the construction of the parking lot there was a problem with high water backing up CM-28-35l September 3, 1974 (Tentative Tr. 3615 Castelleja del Arroyo) into the parking area. The developer was notified and that has been a requirement outstanding for some time, which is to construct a storm line paralleling the arroyo until there is sufficient drop for the parking area to drain out. The reason for the discrepancy is that their elevations in the parking lot were not the same as they indicated on their original plans. Mr. Lee stated another .~ requirement is the upgrading of the fence. The PT&T requirement is simply that they be allowed access to the condominium in the common areas where their equipment will be located since they will be serving each of the units. Their requirements would have to conform to accepted standards and if they are asking for something out of the ordinary, something should be worked out and it could be made a condition of acceptance, and if there are any problems, it could be worked out before that time. ern Miller stated there were three issues raised by the Planning Commission in their recommendation for approval: that the condi- tions imposed by the City Engineer be applied, that there be a school letter and that the park dedication be resolved. If we do not have the school letter they should turn down the map; also with regard to the park dedication, Mr. Gillice and Mr. Madis are 1.731 acres short according to the Planning Director's summary. em Miller continued that if we do not get land by the park dedica- tion ordinance, the park dedication fees for the 216 units is $87,048. The other alternative, if we get the land is if they drop the law suit with prejudice, they still owe us $34,879.65. ern Futch questioned whether or not the developer had provided the school letter and was told that he had not. Don Bissell of Bissell & Karn, Civil Engineers who prepared the tentative map, suggested that the Council postpone action on this item since the attorney for the developer was not present, however Cm Miller remarked that if the Council postpone without taking action, it would be automatic approval. An extension beyond the time requires permission of the applicant so the Council's choice is either to deny or pass some type of motion. Mr. Bissell stated that in that connection he would speak on behalf of the developer and asked that the item be postponed until the next regular meet- ing. em Turner suggested that perhaps they continue the matter until later in the evening and perhaps Mr. Madis might be contacted to appear before them. The Council concurred with the suggestion and the matter was post- poned until the end of the agenda, and Mayor Pritchard stated that if Mr. Madis could not be reached, he would accept Mr. Bissell's representation for the applicant. DISCUSSION RE GEN. PLAN CONSULTANT CONTRACT The discussion regarding the General Plan consultant contract was postponed from the meeting last week and Mr. Engel stated that he spoke with Mr. Crawford late this afternoon and that Mr. Crawford commented on three items of the revised copy. On Page A8, commenc- ~\" ing with the fifth line down: "this task would begin at the conclusion \ , of Task VI, Exhibit "A" 2." and Mr. Crawford suggested that "begin at the conclusion of Task VI, Exhibit "A" 2." should be deleted be- cause the time schedule is set forth in the body of the contract itself. He stated that it would then read "this task would pro vide the City with a comprehensive report covering the following". He stated that Mr. Crawford also gave him hours to be filled in on Exhibit "E" under Hourly Rates and Expenses, on Exhibits "A" and "B". CM-28-352 September 3, 1974 (General Plan Con- sultant Contract) With respect to III. D., the contract states! "The City designa.t.es or his representative...II, and Mr. Crawford would like to know who " " is in this section. em Turner felt the City Manager should be designated, but could delegate some of the responsibilities if he so chooses. Mr. Parness stated that he would be happy to assume the delegation, and that this would be proper. He also felt that the same person should be named where the two blanks appear and Cm Miller pointed out that the reason there were two blanks was because this would eliminate overloading of one individual. Mayor Pritchard noted that it says II " or his representa- tive, which would give the City Manager the option to relegate res- ponsibility and that the Council can look to Mr. Parness for answers. There was discussion regarding pros and cons of having one person named in charge and Cm Futch moved that the City Council adopt a resolution authorizing execution of the contract with the adoption of the suggestions made by the contractor and with the City Manager designated as the liaison, to be filled in the blanks on Page 3., seconded by Cm Tirsell. Cm Tirsell mentioned that she felt one person should be in charge, as Donald Bradley was during the General Plan Citizens Committee review and suggested that the City Manager rely on his knowledge of the matter, as related to goals. Cm Miller stated that as he recalls, on Page 2., Item C., it was mentioned that IIshalls" and "wills" are restrictive and that with respect to the progress review it was to state that, "This progress review shall take place generally along the lines..." rather than "according to Exhibit "F"." Cm Miller stated that on Page 4., there is a deadline date of January 21, and he feels this is too late to make the time sequence and that it would have to start on January l4th in order to have sufficient time. He suggested that it read "on or before January l411, or whatever the right time is. Cm Miller stated that on Page A2, there is reference to the task and final report production, including graphics and printings and nowhere is there a number of the copies of task reports to be re- ceived. He felt the number should be specified - shall there be 1, 10, or 50, or what? It was felt that 30 copies of the task report should be sufficient for those who get agendas, the Planning Com- mission, and library circulation. It was noted that there are to be 30 task reports provided and lOO final copies. Cm Futch stated that he would include these last amendments in his motion, agreed to by the second, which passed unanimously. RESOLUTION NO. l44-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Grunwald, Crawford Associates) CM-28-353 September 3, 1974 CONTINUED DISCUSSION RE TENTATIVE TR. 3615 - CASTILLEJA DEL ARROYO PHASE III - GILLICE Mr. Bissell stated that he did not have the opportunity to speak with the developer but spoke with his attorney, David Madis, and on behalf of the developer would like to request a continuance until the next regular meeting. .1) Mr. Engel asked if this includes without prejudice to the rights of the City of Livermore and Mr. Bissell indicated that would be satis- factory. Cm Turner stated that he would like to move that the matter be continued to September 9th with the notation that this is upon the request of the engineer for the developer, acting on behalf of the developer and upon the advice given by the attorney, David Madis, seconded by Cm Tirsell. em Miller commented that as he recalls there is a general rule that stipulates if a discussion is to take place for more than five min- utes is should be in writing, before the meeting begins and that Mr. Madis should be informed of this pOlicy. At this time the motion to continue passed by unanimous vote. DISCUSSION RE TRAFFIC SIGNALS FOR HOLMES STREET & CONCANNON BLVD. Mr. Lee reported that the discussion of the cooperative agreement between the City and the state was postponed from the last meet- ing because there was some question regarding the extent of the developer's responsibility and the City's responsibility regarding installation costs for traffic signals at Concannon Boulevard and Holmes Street. He stated that he has prepared a memorandum for the City Council as well as a copy of Ordinance 828 which outlines the developer's responsibility. The developer has the responsibility for the entire cost of the signal installation with the provision that he be given credit for any reinbursement by the state (as out- lined in the last paragraph of Section 2B). He stated that the developer is also responsible for the medians and that he has been informed of his obligations in connection with the installa- tion. There is a matter of judgment as to how far the developer's obligations should be extended with respect to medians and it was felt by the staff that the medians to the west are perhaps beyond his area of responsibility because they are not adjacent to his site; however, this is a decision that should be made by the Council. It was felt that a median should be provided on Concannon Blvd. however, because there is a driveway from the shopping center and traffic would cross the median if it was only painted and entering at a very bad location into the eastbound traffic could be hazardous. The cost of this is estimated at $5,000 for the median and the staff inadvertently included the landscaping and irrigation of this which will not be a part of the contract and was previously estimated at $lO,OOO because it included the landscaping and irrigation. The installation will be a first-class installa-" tion with provision for left turn lanes at every leg of the inter~ section and provides the best electronic system with a warning beacon to the south. He would recommend that the agreement be approved by the Council and a decision on whether or not to accept the cost of the median to the west. (~ em Tirsell asked if the medians located further down along Concannon Boulevard were paid for out of public works funds by the City, and Mr. Lee indicated that they were. CH-28-354 September 3, 1974 (Traffic Signals for Holmes Street and Concannon Boulevard) Cm Miller stated that the ordinance indicates that the developer is responsible for the installation of signals at the intersection of Holmes Street and Concannon Boulevard and he went on to describe the responsiblilites which includes concrete medians. He stated that it does not provide for planting and irrigation but since it says for the intersection of Holmes Street and Concannon Boulevard it implies the whole intersection and it would seem that it is straight- forward and that the City has no obligation. This was part of the condition for the rezoning obtained by the developer and in his opin- ion there is no reason the whole amount should not be charged to the developer. Mr. Lee indicated that he feels the ordinance was written broad enough to be read both ways and the staff proceeded with the recommendation that Mr. Mehran should not be responsible for the west side of Con- cannon Boulevard because at the time medians were mentioned there was primary consideration of the area adjacent to Mr. Mehran's un- developed property because of conflicting entrances to Catalina to the west and Evans Street to the south. There was concern for controlling accesses and there would not be a problem later on with driveways to the property when it is developed. Cm Futch wondered if the blinking warning signal south of the inter- section was anticipated or if this type of warning generally accompanies traffic signal installation. Mr. Lee stated that it was anticipated but is one of the things required when there is a special condition on one of the legs to the intersection. em Futch wondered if Mr. Mehran was aware of the fact that the warn- ing signal would be a part of the signal installation. Mr. Lee stated that it is doubtful that Mr. Mehran had personal knowledge of what the signalization plan would include. He added that quite an elaborate description was given so that the developer would be forewarned that it would not be a bare bones type of system but rather would be quite a sophisticated system. Cm Miller stated that he has noticed that on the island adjacent to Mr. Mehran's property the ordinance says "painted island - future raised concrete island", and it would seem that it should be a raised concrete island median and should be put in now and wondered why it wasn't included. Mr. Lee stated that the staff felt the islands to the north and east were not really called for until the improvements on the site were commenced and when there are driveways on the property. Cm Miller asked where the contract is that says Mr. Mehran will put this in at his expense and Mr. Lee stated that this would be a condition of his site plan approval but Cm Miller felt that somehow this matter is not really locked up. Cm Miller moved that the Council authorize execution of the agree- ment with the state, that the entire intersection cost be incurred by the developer, including the west median, with reimbursement by the state, in accordance with the City's agreement, and that he be notified that the north median island will be at his expense at the time of development of his property, seconded by Cm Tirsell. CM-28-355 September 3, 1974 (Traffic Signals Holmes and Concannon) Cm Turner stated that perhaps it would be best to state two motions; one for the agreement and then one for the other condition and Cm Miller stated that he would be aggreable to this suggestion and would remove the condition portion and move only that the Council authorize execution of the agreement, agreed to by the second. Cm Turner stated that it is his understanding the developer has been informed as to the cost and Mr. Lee emphasized that the staff very specifically left out the amount of the installation because even at the time there was escalation of costs and the figure was avoided. (--- J _/ At this time, by unanimous vote, the resolution authorizing execu- tion of agreement was adopted. RESOLUTION NO. l45-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Business and Transportation Agency) Cm Miller moved that in accordance with the ordinance and the City's agreements with Mr. Mehran that the total cost of the intersection, including the west median at $5,000, be at Mr. Mehran's expense with reimbursement of costs for this intersection by the state going to Mr. Mehran and that the north and east island-medians will be at his expense according to the ordinance, whenever his property develops, seconded by Cm Tirsell. Cm Turner suggested that rather than get into the amount for the medians it might be better to bill Mr. Mehran for the entire cost of the development, as we understand the ordinance. Cm Miller amended the motion to read the entire cost of the con- struction will be presented to Mr. Mehran with a notice about the north and east island, seconded by Cm Tirsell. Cm Turner stated that if a condition of development includes pro- vision of a concrete island, as in the ordinance, it is not neces- sary to repeat it but Cm Miller replied that his experience has led him to believe that it pays to be redundant. At this time the motion passed unanimously. DISCUSSION RE PROPOSED ZOo ORD. AMEND. -RS DIST. The City Council discussed amendments to be made to the Zoning Ordinance related to the RS District and in reviewing this par- ticular District, page by page, the following changes were made: 5.l0 - last line - between RS-l and RS-2, addition of RS-l.5 5.31 - after c) (RS-I), addition of d) RS-l.5 which changes d), e), f) and g) to e), f), g), and h). Cm Turner stated that he would like to note that in his opinion RS-4 and RS-5 with 6,000 and 7,500 feet, respectively, are too small for single family lots. Due to the energy problem people will be staying home more and need more room for recreational facilities, and em Tirsell stated that she shares the same view. (\ Mr. Musso explained that 5.3l does not apply to subdivisions and the Council felt this should be so stated because it is confusing. CM-28-356 September 3, 1974 (Proposed z.o. Amendment re RS District) / ( ", Cm Futch stated that he feels there are some people who do not wish to take care of a large yard and there are others who would like a large lot and for that reason feels the flexibility is desirable. em Miller pointed out that at the time the ordinance was passed there was a great deal of opposition from the developers and the argument made by the developers was that the minimum lot size does not allow the developer to offer the buyer the flexibility they desire and this was the reason large lots can be balanced off by the small lots in a subdivision and felt the RS Ordinance is advantageous. He stated that the City must leave RS-4 in the ordinance because there are existing lots covered by it; however he would suggest that all vacant land presently RS-4 in the General Plan be amended to RS-3 as the minimum lot size which would still allow flexibility. Cm Turner suggested that RS-4 and RS-S be sent back to the Planning Commission and consulting firm when the General Plan is being written. Cm Futch felt that perhaps this would delay the ordinance and he would prefer to adopt the ordinance and Cm Turner stated that he did not mean to imply that the ordinance should not be adopted or that this portion should be changed but that the RS-4 and RS-5 should be con- sidered in a study session. Cm Tirsell wondered how this would affect density transfer if there is no more RS-4 and RS-5, in the future which Mr. Musso explained. Cm Tirsell stated that she saw nothing about maximum site coverage and it was noted that this was not included because it is not being changed. This is covered in the ordinance and is 25% for RS-4 and above and 30% for RS-5. The Council moved on to discuss .42 c) Side Yard, and Cm Turner stated that the minimum at present is 10 feet and he would like to see a minimum of 12 feet, because of the problem people are having in getting their recreational vehicles into the side yards. He stated that his side yard is lO feet but the overhang of the house does not permit full use of the lO feet and a motor vehicle wouldn't fit into the area because of it. In his opinion this defeats the purpose of the wide side yard but an extra two feet should give additional room sufficient for a recreational vehicle. Mr. Musso explained that on one side of the house the minimum is l4 feet and Cm Turner felt the 12 or l4 feet should be on the garage side of the house and wondered if the width on the other side is to insure more privacy which Mr. Musso indicated is correct. Developers have argued that the garage side already has the least exposure to the neighbors and the reason the larger side yard is generally not on the garage side. ( \ Cm Futch stated that he agrees vehicles should be allowed to go through the side yards to the rear but the question is, how much width is sufficient and he is not sure 14 feet are really necessary. If 14 feet is provided on one side this will take away from the width on the other side of the house and people may wish to use the side yard which is away from the garage side for a patio area or some such use. He felt that houses are generally designed so as to allow more room on one side of the house or the other to be most functional for the owners. Mayor Pritchard stated that he would be in favor of a 12 foot side yard, leaving the side yard requirement at 24 ft. and there could be l2 feet on each side of the house, with which the Council agreed and .42 c) was changed to read a minimum of l2 feet for lots 6,000 to and including lO,OOO square feet. CM-28-357 September 3, 1974 RECESS A brief recess was called, after which the Council meeting resumed with all members of the Council present. (Z.O. Amendment re RS District) The discussion of the proposed amendments to the RS District con- tinued with .42 b) Rear Yard. Cm Futch stated that he feels the 25 ft. setback is sufficient and indicated that he would like to see more flexibility in the front yard setback so that everything doesn't look alike. At present, all houses are set back 20 ft. from the street. Discussion followed and Cm Miller pointed out that the smaller the lot, the less flexibility, regardless of the amount of setback or back yard setback required. Unless some type of setback regula- tion is imposed, the smaller lots do not have any back yard. Cm Miller also pointed out that as was stated in the discussion, it is cheaper for all the yards to have a 20 ft. setback for the devel- opers and no matter what flexibility is allowed, the developer is still going to choose the least expensive setback and will put the houses as close to the front as possible so that the driveways will not have to be longer and the utilities will not have to be extended additional lengths. Cm Miller stated that the setback for the back yard is more or less determined by the amount available after the 25% coverage has been taken care of and the side and front yard setbacks. On some of the house plans, if you let the yard control, it will cut down on the 25% coverage, or in other words, you would have to have a bigger lot to make it fit in the zoning category. Cm Futch stated that the back yards are continuing to get larger and larger by continuously modifying the RS Ordinance, and the question is, where do you stop? In his opinion, anything larger than the 25 ft. back yard setback, as recommended by the Planning Commission, is not necessary. em Turner stated that he would like to see a minimum requirement in the back yard of 25 ft. Cm Miller stated that there was intense public interest and public testimony for the larger yards and he is in favor of the larger yards for this reason and moved that .42 b) read that the lots of record information be retained and that the rear yard setback be a choice from either: a) an average of 35 feet, with a minimum of 25 feet; or b) a back yard open space equal to l.75 times the floor area of the house minus the garage. The motion was seconded by Cm Turner and passed 4-1 (Cm Futch dissenting). On motion of Cm Miller, seconded by Cm Turner and by unanimous vote the amendments, as made by the City Council, were referred back to the Planning Commission for review. Cm Turner asked if the Council should have discussed the side yards and was told that this was not before them. Cm Miller remarked that he had missed one thing - in .42 (d) in the last sentence the draft refers to 35 feet of a lot may be deducted from the total site area, and this was the figure applicable when the minimum rear yard was 15 feet, but with the minimum requirement now being 25 ft., this figure should also be changed. Cm Turner moved that in conjunction with this ordinance, the Planning Commission be asked to set for public hearing the question of the side yard minimum. CM-28-358 September 3, 1974 (P.H. re RS District) c Cm Miller added if they are going to discuss side yards, they might as well talk about the possibility of decreasing the percentage of coverage on the lot also as that would be the only method of bring- ing the price of the home down - to build a smaller house, in the RS-5. This suggestion to have the Planning Commission also consider the reduction of coverage in the RS-5 District from 30% to 25% was included in the motion made by Cm Turner, seconded by Cm Tirsell, and the motion passed unanimously. CONTINUED DISCUSSION RE Ch. lO.OO - CN (Neighbor- hood Commercial) Dist. The continued discussion regarding Chapter 10.00 - CN (Neighborhood Commercial) District was continued at this time on motion of Cm Turner, seconded by Cm Tirsell, by unanimous approval, to the meeting of September 23. STREET LIGHT POLE DESIGN - RAILROAD UNDERPASSES Some time ago the City Council expressed their preference that the underpass street light poles should be as short as the Second St. fixtures rather than the medium height poles being considered by the Design Review Committee. The Council directed the staff to consider alternate uses for the 40 ft. poles and to ascertain the cost of the short replacement poles (22 ft.) The Public Works Director reported that the cost of replacement will be approximately $l4,300, and Mr. Lee suggested that perhaps we could inquire for a possible credit for what we have and the alternatives for sale. A motion was made by Cm Miller, seconded by Cm Turner, to obtain the short poles, and to have the staff negotiate the best deal for the higher poles, and the motion passed unanimously. REPORT RE TRAFFIC SIGNAL MURRIETA BLVD-PORTOLA AVE In response to a Council inquiry as to the status of the traffic signal at the intersection of Murrieta Blvd. and Portola Ave., Mr. Lee reported that this intersection does need a traffic signal and this has been discussed with the County staff as the intersection is in the County. He suggested that we should continue to press the County to install this signal at an early time and in his report he had recommended that we: 1) obtain further traffic counts, 2) investigate channelization additions to reduce conflict areas, and 3) request the County to approve their share of the signal project after new traffic counts have been taken. Cm Futch moved that the Council adopt the recommendations of the Public Works Director, seconded by Cm Miller. '''',,- ./ Cm Turner did not feel that we should wait as the count taken in February 1973 indicated that the signal was warranted then; also he did not feel it should be postponed until North Livermore Avenue is opened again and he would vote against the motion as he felt we should proceed with the signal now. r A vote was taken on the motion and passed 4-l with Cm Turner dissenting. CM-28-359 September 3, 1974 PLANNING COMMISSION MINUTES Minutes of the Planning Commission meeting of August 20, 1974 were noted and filed. MATTERS INITIATED BY STAFF (RR Assessment District Bonds) The Finance Director reported that he wished to confirm that the assessment district bonds issued under the Improvement Bond Act of 1915, secured by the assessments against the property in the Rail- road Assessment District, were delivered by the staff to the Bank of America; cash was received for the proceeds which were duly de- posted in local banks at interest rates of ll-l/8% and investment earnings will be accrued to the credit of the assessment district funds to help offset some of the discount. (Landscaping at Sunset Mobilehome Park) In reply to direction from the Council, the Planning Director re- ported concerning the buffer between the mobilehome park and I-580, which indicated that landscaping only had been a condition of the park, and the Planning Director was asked to dicuss the matter with the park owner. MATTERS INITIATED BY COUNCIL (Meeting with "P" Street Merchants) Cm Turner stated that he and Mr. Lee had a meeting with the lip" Street merchants and Mr. Lee explained the whole Railroad Avenue project and answered their questions. They asked if one of their merchants could be appointed to a committee concerning Railroad Avenue, and he had given this information to Mr. Selden who is in charge of the committee. Cm Turner stated they were very pleased with the information furnished by Mr. Lee. (Relocation of Pepe's Restaurant) Cm Turner stated that Mrs. Paradiso, owner of the El Pepe Restaurant had contacted him, and he questioned if there was some way that a meeting could be arranged for her with some members of the Council, and members of the staff. Mr. Engel advised that Mrs. Paradiso has retained an attorney and they have filed an answer in connection with the relocation project, and the staff should deal with her attorney rather than Mrs. Para- diso directly. (City Council Office Hours) Cm Turner stated that he felt the Councilmembers should set up a time schedule, or perhaps check in at City Hall to see if there are any messages. The Council discussed the office space that has been set aside for their use, and means of checking with City Hall for messages. CM-28-360 September 3, 1974 (Zoning Ordinance Amend. Deletion Sec. 27.80) Cm Miller asked the Council's permission to direct the staff to prepare the amending ordinance to delete Sec. 27.80 from the Zoning Ordinance which is in reference to the automatic variance. r- \. (Retraction of Accusations - CRVP) Cm Miller stated that he felt the Council should ask for a retraction from the Valley Times or Gib Marguth, concerning the accusations printed in the papers regarding supposed violation of the Brown Act. Cm Tirsell suggested that they should also consider sending a copy of the article and the intent of the remarks to the owner of the newspaper, Dean Lesher. (Energy Conservation Ordinance) The ordinance concerning insulation is scheduled for the meeting of September 9, and Cm Tirsell stated there is much misinformation in the community regarding the proposed ordinance, and she suggested that Cm Futch be asked to prepare a press release, carefully spelling out what the adoption of the ordinance would entail, and Cm Futch agreed to do this. (Greens Committee) Cm Futch stated he has had letters concerning appointments to the Greens Committee, and suggested that the matter be placed on the agenda for discussion. Mr. Parness explained that the proposed by-laws and rules and regulations and organizational structure statements have been drafted, and it was agreed that this would be placed on the Council agenda for September 16. ADJOURNMENT The Council meeting adjourned to an executive session at 10:45 p.m. to discuss three matters 1) personnel matters regarding the City Attorney's office, 2) personnel matters regarding labor negotiations, and 3) appointments to the Airport Advisory Committee, and the Library Board. ~~ ~J/W/ ... ty Clerk . or ,--'California APPROVE ATTEST ( \ CM-28-36l Regular Meeting of September 9, 1974 A regular meeting of the City Council was held on September 9, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l0 p.m. with Mayor Pritchard pre- siding. 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. SPECIAL ITEM (re CROP) Sally Bystroff, 330 Scott Street, stated that she represents the Valley Covenant Ministry and thanked Mayor Pritchard for signing a proclamation declaring the week of September 29th through October 25th a week of community concern for the hungry and urging that all citizens contribute in some way to the alleviation of hunger and starvation. She stated that people are increasingly aware and con- cerned with the problem of hunger and today there was a conference in Berkeley that directly dealt with the problem of population which is a major factor in alleviating the problem of hunger. She stated that there will be an education fair next week; Sept. l6th at Shannon Park in Dublin, Sept. l7th at Granada High School in the multipurpose room and Sept. l8th at Amador High. She stated that the reason for the education fair and the concern for the hungry is because it is recognized that it is not a simple one factor problem, and listed the various organizations that will be represented and those who will be speaking. She stated that there will also be a CROP march on October 6th and gave the Councilmembers buttons advertising the march. Cm Futch stated that he appreciates the fact that she and the ministry realize the broad nature of the problem with providing sufficient food and a large part of the problem stems from lack of adequate fertilizer and; directly related to the problem ': [r 1 W. of energy and that energy conservation is a major factor that should be con- sidered in providJ.ng food for the world. ~ ij. MINUTES em Futch commented that the Council relies on the notes of the City Clerk and the notes they take for corrections to the minutes but these are not available to other people who receive the agendas, such as at the library and feels that corrections should be made and added to the next set of minutes before the open forum. He stated that on page 343, the week of August 26th, regarding the article with statements from former Mayor Marguth (p. 3), essen- tially accusing the Council of violation of the Brown Act and of meeting prior to ~he regular meeting, regularly, to make decisions prior to the official meeting were false statements and it is ab- solutely essential that this Council go on record as denying those statements. He stated he believes the Council did deny them that night and they do not appear in the minutes. He stated that they were false, dishonest statements and he thinks the Council has to go on record as saying this and would like a verbatim translation CM-28-362 September 9, 1974 (Minutes Approval) of the Council's comments the first time it was brought up, to be placed in the agenda for the next week. He stated that if the Coun- cil agrees to this suggestion, the corrections can be placed in a new section just under the Pledge of Allegiance, in the agenda. He then moved that the Council formally begin the process of adding the corrections that are made, at the beginning of the agenda, after the Pledge of Allegiance, seconded by Cm Miller, and passed unanimously. em Tirsell stated that on page 342, the next to the last paragraph and the lOth line down, the third word should be "that" rather than "there" . On motion of Cm Miller, seconded by Cm Turner and by unanimous vote, the minutes for the meeting of August 26, 1974, were approved as corrected with the request for a verbatim transcription as noted above. VERBATIM TRANSCRIP- TION RE STATEMENT OF FORMER MAYOR MARGUTH August 26, 1974, page 343, paragraph 3: Cm Tirsell: I really much regret the emotionalism that surrounds this item and that's the reason why I supported our original policy, becuase if you have a policy that you will not give City funds to non-city committees where you do not appoint committees and so forth, then when someone appears in front of you the emotionalism is gone from it. I can appreciate your responding to your constituency - I happen to have a very big constituency among soccer players and I have probably had more soccer players on the street walking for me and their parents, and what not, and I can envision a time when they might come back for funds. I don't want to have to sit up here and determine whether soccer is better for the town or the rodeo parade is for the town. I think that's an impossible decision for anyone to make. I further think that the kind of statement made by former Mayor, Gib Marguth, in the paper, concerning this Council are another sort of thing that add to the emotionalism of this and I quote, "an example of such a violation he cited a pre-meeting huddle last Monday of Councilmen Don Miller, Helen Tirsell and Archer Futch" he refers constantly to this trio - that we run the Council and I defy him to find a consistant vote to the motion where we wound up the same. I further would like to quote "They were in violation of the Brown Act". "There is a lack of communication between councilman and voter in Livermore which is depressing". Amongst this, how many phone calls, and how much searching have you done on this item? Former Mayor Marguth believes "Livermore is currently being governed, at least in part, not by constituency representating a majority of Livermore voters, but by one consisting of 10 to 12 intellectuals who feel they know what is best for the voters". I would like to match my total votes against his total votes anytime. Cm Turner: I was in my garage yesterday on vacation and did a total on that and you got 67% of the people. Cm Tirsell: Alright, I'll match that constituency against his any day. And the final shot which I would like to point out is "Distrust of the government did not start with the people. It is the result of the government's distrust of the people. They think their constit- uents don't know what's good for them". I would like to point out that this sort of article is undermining local government and is one of the sources of our trouble. CM-28-363 September 9, 1974 (Minute Correction Verbatim Transcript) Cm Miller: I would love to go on with comments about that article, but I guess this is really not the place. I would like to comment about this issue;! h0Weve:r p:;wheILMayor Pritchard is finished. (\ Mayor Pritchard: I was quite surprised to see the article, in one way, and I was as much distressed probably as you were, Helen. I would presume, in that I have not heard any differently, that these remarks were made by Mr. Marguth, I have not seen him denying it in the press and it very sorely distressed me. I can only assume that the CRVP is in such dire straights and of such little political base any longer that this is what they have to resort to. Cm Tirsell: That's nothing but a cheap shot. Cm Miller: I would like to speak to the question of the rodeo parade. Cm Futch: Before we leave this, I just can't miss an opportunity. I don't want to take a lot of time on this but you know, you can just go through here and pick out statements that are just completely false. That we acted in advance and made a decision on that item, on the rodeo, is absolutely false. The charge that we continuously meet prior to our meeting to make decisions on items and then only come in and vote is absolutely false. I think that the general in- tent of the article is really dishonest. Mayor Pritchard: Would you like a couple of shots, Don? Cm Miller: Oh, I'd love to but I know I would say all the wrong things. I would say all the right things about how I feel and what it means but all the:wrongthings about what one should say. Cm Tirsell: I have some specific examples for Mr. Mayor Marguth to chew on when I see him. OPEN FORUM (50th Anniv. of Liv. Lions Club) Dr. Donald Rocco, ll30 Batavia, stated that September 19, 1974, repre- sents the 50th anniversary of the Livermore Lions Club and he would like to know what must be undertaken to have that date officially proclaimed Livermore Lions Day. Mayor Pritchard stated that they need only ask for the proclamation. Dr. Rocco stated that there are four living charter members of the organization and they would like this day proclaimed for the gala event planned at Castlewood Country Club that night. Mayor Pritchard stated that he would contact Dr. Rocco and will see that appropriate action is taken. P.H. RE AMEND. TO GEN. PLAN - LAND USE & CIR- CULATION ELEMENTS & INDUS. LAND USE ELEMENT (\ The area being discussed is north of I-580 between Vasco Road and Altamont Road and south of I-580 between Vasco Roade, Greenville Road and Tesla Road as well as amendment of the Industrial Land Use Element text. CM-28-364 September 9, 1974 (P.H. re Amend to General Plan - Land Use & Circulation Elements) Mr. Musso indicated the area being discussed and explained that the reason we embarked on a General Plan amendment was because we annexed the Northfront Road area which was zoned by the County as commercial and it was noted that this zoning is in conflict with the General Plan. This was the primary reason the amendment was initiated. Also, the state law requires conformance of zoning to the General Plan and also because the I-I, I-2, I-3 zoning adopted by the City is not workable in the present General Plan. At present the plan indicates all the light area as light industrial and the dark for heavy industrial and the zoning using the I-l, I-2, I-3. He illustrated the areas recommended for change from light to heavy industrial, etc. Cm Tirsell asked why the strip down Vasco Rd had been zoned residential all the way to East Avenue and Mr. Musso explained that at one time it was felt that there was sufficient industrial zoning and the plan- ning took into consideration that Vasco Rd is a limited access express- way and would be a better divider than to have industrial backing up to residences. Cm Turner noted that in the Planning Commission minutes Commissioner Selden abstained because he owned property in the area and this is a conflict of interest and yet he moved to adopt the resolution and wondered if this would create a legal problem and the City Attorney indicated that as she recalls each issue was discussed and voted upon separately and that the resolution was a consolidation of their previous votes - he did not vote on the portion related to his property. Mr. Musso stated that with the exception of the two properties (on Vasco Rd and East Avenue) the General Plan remained the same with some properties receiving higher intensity industrial use. Cm Turner stated that he would like the resolution to be referred back to the Planning Commission for revote, as the motion made by Commissioner Selden may cause a problem in another six months. The City Attorney commented that there was a question as to whether or not there was even a conflict of interest since his property might be too far away from the affected property; however, if there is a conflict one is not supposed to influence the other members of the Planning Commission, which would include making a motion. At the time, it was felt that the motion was in order since he had not voted on the portion related to his property; however, if the Council feels uneasy about the procedure it could be referred back to the Planning Commission. Mayor Pritchard pointed out that the Council uses the same procedure of discussing something in parts if one part relates to a conflict of interest for one Councilmember. This person abstains from the vote and discussion but the motion is wrapped up into one total motion of the whole discussion and everyone votes on it. The record clearly shows that the individual did not take part in that par- ticular portion. (~ \ Cm Miller stated that he would like to mention that he is part owner of land adjacent to Area 27 and would like to abstain from discussion related to this portion. At this time Mayor Pritchard opened the public hearing for public testimony and it was noted that a letter of testimony was received from Mr. Leonard Cain, attorney for Virginia Busick, relative to the estate of William Busick, re property north of I-580, and also from the Chamber of Commerce, both approving the recommendation submitted by the Planning Commission. eM 28-365 September 9, 1974 (P.H. re General Plan Amendment ) Cm Tirsell stated that in paragraph 2, relative to the air quality, the statement should receive consideration for inclusion in the draft of the Environmental Impact Report. Cm Miller also pointed out that references are made to 1971 and 1972 but there are now results available from 1973 and there is a change in the direction of the amount of smog which should be considered. Carolyn Oddon, 5846 East Avenue, stated that although the Council courteously listens to each speaker she feels they do not really listen to what the people say, but hoped they would. She listed the following reasons she feels her property should remain light industrial: l) their location is unique in that it is close to LLL and Sandia, 2) It is directly across from Research Drive where there are five major industrial buildings currently housing thir- teen businesses, 3) On the left side of their property the City has committed ten acres to OGO, a low cost housing development. For these reasons she felt additional apartments were unwarranted as they would increase the need for additional schools; also residential requires more police and fire protection than industrial. To date they have contributed over $l,OOO cash and have given easement for a sewer line of 20 feet across the entire width of their property and the length of their neighbors, and this line gave the chance of growth to the industries which she had cited. John Regan, 672 North "N" Street, stated that he is not quite sure why the area was changed, but according to Mr. Musso it is his un- derstanding that the property he is concerned about (NW corner of Vasco Road and East Avenue) has been recommended for change so that it would conform to a previous General Plan that was established in 1965. He asked why the change is being made at this particular time and Mr. Musso replied that there are various reasons. Mr. Regan stated that he is speaking, specifically, about the property at the corner of Vasco Road and can see nothing but problems if the area goes residential, as was pointed out by Mrs. Oddon. Mayor Pritchard stated that maybe it would be best if Mr. Musso would summarize the feeling of the Planning Commission regarding the two pieces of property even though the explanation appeared in the Planning Commission minutes, which Mr. Musso did. Mayor Pritchard noted that Mrs. Oddon had mentioned that public works improvements had been installed and that because of this some 20 feet of land was given to the City and wondered why these public works were installed. Mr. Lee explained that when the tract on Research Drive was orJ.gJ.n- ally developed they were required to provide water and sewage to the tract and the line for sewage was to the north across East Avenue along the east line of the Oddon property and then parallel- ling the creek to connect to a line in Wagoner Farms development, generally in a westerly and northerly direction paralleling the creek and the developer received an easement for the line through the Oddon property and they will have the use of the line when they develop. Mayor Pritchard asked how long it has been shown as industrial on the General Plan, and Mr. Musso stated that it does not show it as industrial and that it is indicated as residential and this was the reason the matter was brought up; therefore, we must either change the zoning or the General Plan. Mr. Regan stated that he has written a letter to Mr. Callaghan regarding residential development and that there is a possiblity that multiple residential might result in as much financial gain CM-2S-366 September 9, 1974 (Public Hearing reo General Plan Amendment) ~' l as would industrial, per acre, for that there are considerations to be made, such as the demand for multiples in the coming years, the current economic state of money, traffic congestion that could result from residential development and that the development fees would be substantially higher for residential development. He recommended that, if at all possible, the current zoning should be retained and that they should make a strong pitch to have it remain light industrial. He stated that he would like to know if the Planning Commission is aware of the fact that there is a CUP on the 8.5 acres that applies until July 1975 - a permit for storage, which is an industrial use. This is the first offer for development of the property that has come along. There has been a tremendous effort expended to develop the property so that the property owner can pay four to five years back taxes on it and strongly feels that the best chances for disposing of the property and getting it developed is to leave it in its present zoning and sees no reason for changing it with the natural barriers located there - Vasco Road, the Arroyo Seco, and East Avenue. Mr. Callaghan, attorney, representing Connor, stated that what Mr. Regan said about the property is true and there is an outstanding permit on it at present which the Council killed when it came before them by making it so expensive that the buyer refused to consider it. Mayor Pritchard stated that he would have to disagree with this comment to some extent because he knows the person who decided not to develop on the property and one of the reasons was because there was already mini-storage development taking place. Mr. Callaghan stated that what he was told by the prospective develop- er and what Mayor Pritchard was told appear to be two different stories. He continued to say that he agrees with what Mr. Regan has said about there being natural barriers and that industrial development would be better for this area. There already exists multiple develop- ment along East Avenue and also one must consider the fact that there is a residential building moratorium going on and it would be ridicul- ous to zone something for a use which wouldn't be permitted. Ebert Lounsbury, 1787 South Vasco Road, stated that his property is immediately north of the Arroyo Seco and noted that there is an industrial sewer line going through his property which services the Sunshine Card Company. The reason for the sewer was a continuation of the Oddon property sewer and to help develop industrial property in proximity to the laboratories. He stated that the property owners have no hopes of residential development ever taking place in this area. There is water, sewage, and PG&E lines to service industrial and he feels commercial or industrial development should take place there. Bob Tieke, 860 William Drive, asked about the I-l, I-2, and I-3, and Mr. Musso replied that for the purpose of this discussion these cate- gories should be ignored and explained the areas suggested for change from light industrial to heavy industrial in the two areas he illus- trated. There being no further testimony, on motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the public hearing was closed. ~.... ( \ "" On motion of Cm Tirsell, seconded by Cm Futch and by 4-0 vote (Cm Miller abstaining due to conflict of interest) area 27 was approved, as shown on the map which is no change in the General Plan. It was noted that the only conflict seems to be the Oddon and Conner property and the Council decided to discuss this portion. Cm Miller stated that the Oddon and Conner properties were wrongly zoned originally, in his o?inion, and it was also supposed to have been low density residential. The parcels were zoned industrial CM-28-367 September 9, 1974 (re P. H. General Plan Amendment) and afterwards the property to the west was zoned multiple in viola- tion of the then General Plan and in fact the current General Plan and the property owners were persuasive and managed to get higher density by a factor of two, over what it should have been. As a result of the development of industrial across the street a~d the ~ . existing industrial zoning on these parcels; and ~l yl...ll,PI lf~~~~ ~ve to the comments made by Mrs. Oddon about the demands on schools, sewers, water, and other City services which are higher for residen- tial than for industria~and the fact the density is alreag~ higher than it should be in that area, based on the general plan;~ould~ recommend that we retain the industrial zoning for the Oddon and Conner property. Mayor Pritchard pointed out that in his opJ.n1on this area would develop as industrial faster than some of the other industrial property in the City of Livermore. Cm Turner stated that to move things along he would like to say that he agrees with the comments made by Cm Miller. Cm Tirsell asked how many properties are located north of the Arroyo Seco and Mr. Musso indicated there are three - one large one and two smaller pieces. Cm Tirsell stated that in her opinion she feels that the area should be considered as a whole and not just the corner piece but Cm Miller felt this is not necessarily so because the Arroyo Seco does represent a substantial boundary. Cm Futch stated that with respect to traffic, it was mentioned that there would be less traffic if it were zoned light industrial, but one of the biggest traffic generators at the peak hours is the Research Drive development and feels that traffic is not a valid reason for zoning it as light industrial. Mayor Pritchard pointed out that if, however, a warehouse were to go in, it would result in very little traffic. Cm Futch continued to say that we are significantly increasing the amount of industrial property and that we probably have more than we will ever use which is another factor to be considered. He stat- ed that he tends to agree with the Planning Commission and would like to keep everything on that side of Vasco Road, residential. Discussion followed regarding density for the area if it were to become residential. Cm Futch moved to uphold the Planning Commission's recommendations on the remaining parcels, seconded by Cm Tirsell. Mayor Pritchard stated that if the Oddon and Conner properties are to be different than what was recommended by the Planning Commission it would be necessary to amend the motion. em Turner moved that the area in PU #l3 referred to as the Oddon and Conner property be indicated as light industrial zoning on the General Plan, seconded by Cm Miller. Cm Tirsell pointed out that in her opinion you cannot separate the two pieces of property and that the area should be considered, as a whole, and if the Council wants ~ strip along there should be the consideration. . ~. Cm Turner stated that normally he would agree and this is usually the policy applied in planning; however, this particular location is different, being located near the labs and contiguous to Research Drive and that residential living would not be proper. CH-28-368 September 9, 1974 (re P. H. - General Plan .1\mendment) ( \. Cm Futch asked if the Council isn't concerned about the rest of Vasco Road becoming industrial because the rest of it will be adjacent to industrial if the corner is zoned light industrial. Mayor Pritchard stated that the same argument could be made for residential at l6 to the acre. If it is zoned residential the rest of Vasco could be high density residential. Cm Miller stated that the area is already too dense in residential zoning. At this time the amendment passed 3-2 (em Tirsell and Futch dissenting) . It was noted that area 27 was voted upon and that the remainder has nothing to do with it and Cm Miller may vote on the rest. At this time the Council voted on the main motion which passed by unanimous vote. PUBLIC HEARING RE PRO- POSED REZONING OF PROPERTY EAST & WEST OF KITTYHAWK ROAD Mr. Musso explained that it has been recommended that the Area 1, (airport property and two other properties) be zoned I-l, area east and west of Kittyhawk Road, for low intensity industrial zoning. Cm ~1iller stated as he understands it the General Plan will show that the property east of the airport will be indicated as agricul- tural because it would be premature to consider any other type of zoning, and Mr. Musso indicated that this is correct and the recom- mendation from the Planning Commission was to leave it this way. Mayor Pritchard stated that there was a letter written asking that after the public hearing is opened the matter be postponed so that the owners of property in the area, Haley, Schenone, Tucker, Birchfield and Smith, may more intelligently review this matter. At this time ~1ayor Pritchard opened the public hearing. There being no public testimony, on motion of Cm Miller, seconded by Cm Futch and by unanimous vote the matter was continued to Tuesday, October l5th. DISCUSSION RE TENTATIVE TRACT MAP 3615 - GILLICE CASTILLEJA DEL ARROYO r \ \ The matter of the tentative map of tract 3615 was postponed from the meeting of August 26th and September 3rd at the request of the applicant and Mayor Pritchard asked if there was anyone in the audience interested in knowing the history of this item and there were no comments. He stated that the Council knows the history of the matter and discussion could continue. Cm Miller asked if the letter from the school exists, and Mr. Madis stated that he has a copy of the letter from the school which he presented to the Council after havinq read it to the audience. Mayor Pritchard explained that a letter had been requested from the School District ascertaining the availability of services but the letter does not mention, specifically, this property. CM-28-369 September 9, 1974 (Tentative Map 3615 - Castilleja Del Arroyo) Mr. Madis stated that the letter had been written for him, at his request and specifically for this project and assumed that refer- ence would be made to it in the letter; however, upon receiving the letter it was discovered that reference was not made but he was not able to contact the School District due to the Monday (today) holiday. Mayor Pritchard stated that it would appear that the letter would apply to this property as well as all other and asked the City Attorney if it meets the requirements of the ordinance, and she stated that she would have to check but believes the ordinance requires a statement that there are adequate school facilities to serve the particular subdivision but this may not be exactly right. Cm Miller stated that: a) the letter does not say this and b) what it does say is that there are not adequate facilities. The City Attorney stated that the ordinance states, "that the Livermore School District has stated, in writing, that adequate school facilities are present or will be present within a reason- able time to serve the subdivision". Mayor Pritchard stated that the letter does not say this - it does not say that adequate facilities will be available. Mr. Madis argued that they plan to extend the school days and they are meeting the requirement but Cm Miller pointed out that this is not considered adequate facilities. Cm Turner felt the letter could be taken either way and Mr. Madis stated that the letter says it is the policy of the School District to serve all children within its boundaries. The building has been erected and it is the responsibility of the School District to see that the children are served. Mayor Pritchard asked if Mr. Madis would like the Council to take action on the matter from the letter received or if Mr. Madis would like to obtain another letter from the School District and Mr. Madis stated that in his opinion another letter would say the same thing - the only point is that reference was not made to this particular project. Cm Miller stated that the ordinance says "adequate school capacity". The School District sent the Council a resolution passed by it several months ago saying that double sessions do not reflect ade- quate capacity and the fact is that the letter from the School District says that they are "beyond capacity". The fact that there is a school that holds 1,500 and you have 5,000 students in it does not mean that it is adequate even though they may be bulg- ing out the windows and the whole point of the ordinance and the School District's concerns in the past were that there be adequate school facilities available and it is clear that there are not ade- quate school facilities available. In these circumstances it would appear that in terms of our ordinance there is no choice but to deny this subdivision map. Cm Turner stated that he does not want to argue the point of whether or not the tract map should be approved but would like to say that a decision should not be based on the letter received from the School District because in his opinion is very misleading and vague and really doesn't say anything. He felt it was wrong to indicate all schools are on double session, however. CM-28-370 September 9, 1974 (Tentative Map 3615 Castilleja Del Arroyo) (' \ Cm Miller stated that Granada High School is on double sessions because their classes have been cut back: Livermore High School has been on double sessions in a hidden form for three or four years when they went from five class hours a week to four - a 20% cut. Cm Futch stated his agreement with Cm Turner in that he, too, felt the letter to be vague, but he also agreed with Cm Miller because the letter does not state they can provide the schools as required by the ordinance and he did not feel they should argue whether or not the letter was vague. Mayor Pritchard indicated that it was the consensus of the Council that the letter did not address itself to this particular subdivision which is what the Council expected, and he asked Mr. Madis what he wished to do as this was the Council's position. Mr. Madis stated if that is the Council's position he would request a continuance to next week, but he was sure the contents of any letter from the School District is going to say the same thing. It may say specifically that these students will be serviced by Granada High School. Cm Miller remarked that Mr. Madis missed the point which is that the School District must say there is adequate school space, and if the wording of the letter does not contain that statement the Council cannot approve the subdivision. Mr. Musso added that in the past the letters have been more specific, and they have indicated which schools the children would attend; this is the first time a letter from the School District has been vague. Cm Futch stated his willingness to continue the item, but there are other items that should also be discussed, as the Council would probably include the Planning Commission's comments as conditions and if the developer would agree to all those comments and received an appropriate letter, it would be to their benefit. Cm Miller moved that the tract map be approved subject to an affirmative school letter in the form required by our ordinance; that the subdivision be in conformance with the City Engineer's report and the park dedication for all l54 units be taken in cash as a prior condition of approval. The motion was seconded by Cm Futch. Cm Turner stated he would like to have included the requirement that the money would be spent to purchase land within that area for park purposes, and Cm Miller assured him that money raised by park dedi- cation must be spent in the planning unit, or closely adjacent, for park purposes. He continued that if the City wins the law suit, or the applicants drop the suit with prejudice, it would be reasonable for the City to refund the money and take the appropriate land, which he would be willing to do. The amount of cash would be $62,062. \'-. Mr. Madis stated that there seems to be some misunderstanding regarding the litigation and explained it was only concerned with 23.3 acres, which was the land used in the computation of the density transfer, and he referred to the agreement concerning arroyo park lands. He mentioned there are 18 acres involved in the channel, which the City has; there is park dedication which was calculated out of the 42 acres on which there is no question, so the only issue in the liti- gation is the validity of the density transfer issue. (' Cm Futch asked the City Attorney if the conditions made in the motion are legal and valid and if they are criteria that can be placed on a map such as this. CM-28-37l September 9, 1974 (Tentative Map 3615 Castilleja Del Arroyo) Miss Whittaker stated that was correct and that she wished to make a few comments regarding Mr. Madis' statement. He is correct that currently the land under litigation is the 23.33 acres dedicated for the density transfer purposes. He amended his suit to withdraw his claim for return of the l7.lS acres that were dedicated for channel purposes. There has been some confusion as to whether or not the City has received any park land. The Planning Director has presented a survey which showed that the City has received a total of 44.479 acres and the City is willing to accept that. Apparently in it was included l.48 acres for park dedication, which Mr. Madis is not asking to be returned. That represented a park dedication requirement for the 70 additional units he got for the density trans- fer in Castelleja III. When that building was constructed_~he City did not charge the developer any park dedication for the~~nits because it was an apartment complex at that time. It is the opinion Of the City Attorney that you can impose the full park dedication requirement this time of 3.04 acres, based on l54 units, but the Council should give credit for what has already been received since it is the same development, so there would be 3.04 acres which re- quirement would be imposed, and l.40 acres has been received. The remainder would be owing and it would be up to the Council to accept it either in land or in fees. Cm Futch remarked that it would be simpler if the Council would treat this parcel map as a separate item from all the confusing actions that have been taken in the past and all the litigation. Miss Whittaker stated it would be easier and she would certainly would want Castelleja III separated from Castelleja I and II because the City has no basis to impose on Castelleja III what they would wish to see resolved in connection with I and III, however they cannot completely forget about the litigation and the agreement, because the same building is involved, and there has been some park land dedicated in connection with this building. em Futch questioned if the City Attorney was suggesting an amendment to the motion or a different motion than that made by Cm Miller. Miss Whittaker stated that the Council could state that credit would be given for park land already dedicated and received by the City or fees paid for Castelleja III, for clarification. The Coun- cil would impose the full requirement but credit would be given for everything paid to date for Castelleja III park land. Cm Futch asked if that was acceptable to the maker of the motion, and Cm Miller stated that it was not for the following reason: It is not true that the 44.479 acres cover all the dedications transformed into land, because according to the Planning Director's calculations in his memo, it indicates that with all the land that is expected to be sold, the total acreage is short by l.73l acres. The litigation is against the agreement and the agreement talks about the land, and it would seem to him that the City needs to win the suit before there is anything resolved about trades in land, and even if everything goes as it should the City would still be owed $35,000 by Mr. Madis even if we took all the land we are entitled to. It seems quite unreasonable to be in a position of not knowing what we will get, and we will still have to go through a law suit to obtain the money owed to us on the extra acreage, and he felt it would be wiser to take cash. Mr. Madis directed the City Attorney's and Council's attention to the case of the Associated Homebuilders vs. City of Walnut Creek, the only state authority on the issue of park dedication, and to the language in that case which states that the City is required by that decision to account for open space generated by any development as a credit toward any park fees or park dedication required by the city, CM-28-372 September 9, 1974 ( \ " (Tentative Map 3615 Castilleja Del Arroyo) and which he did not feel was being done here. Mr. Madis stated that under this agreement there is enough land, in fact about l~ acres more than was originally contemplated. They are willing to work out with the staff the total amount of land that the City is to receive for park dedication and he assured the Council that the City will get the land as contemplated by this agreement. If the City wants two more acres, it can have two more acres and the Council can be assured they have picked a park area any place within that 42 acres. Mayor Pritchard asked how we could be assured of that while the acreage is in litigation, and Mr. ~1adis stated the issue of how much goes to the City for park is not in litigation, and they would be willing to work up a compromise agreement with the City Attorney tomorrow in which that portion or any claim for that is fully settled, compromised and released. Cm Futch stated he felt this issue would not be resolved this evening, and if it was still Mr. Madis' suggestion that the matter be continued for one week, it might be wise to continue the matter. Mayor Pritchard stated that he would really want the land and felt that is what we should have, and if it could be worked out between the attorney and the attorney for the City, where we are definitely assured of getting the land, he would rather it be done that way. Cm Miller repeated there was not enough land to satisfy all the park dedications, plus the property which is to be sold, outside the 23.3 acres in the channel. Mayor Pritchard stated he understood what Cm Miller is saying, but what Mr. Madis is saying is that he will work out something even if he has to amend his complaint against the City to be sure that land is correctly given to the City, and he asked Mr. ~1adis if this indeed his intention, and Mr. Madis stated that it was correct, and they would work it out this week. Cm Hiller stated he wanted his say as to what the "work out" has to be - what would be unacceptable to the Council, and he again re- ferred to the Planning Director's memo. Miss Whittaker, however, interrupted Cm Miller to say that the cal- culations to which he referred also included the calculations for Castilleja I and II, and there is no way that the City can use those requirements in the tentative map for Castilleja III. Cm Miller stated this is exactly the point he is making. Agreed, we cannot do that.>.tMt .tLGre ia RO iRteRt.ioR of doih9 t.hat buL LLe ..<.Q#=poiat. ~o::> Llld.t. unIt::::>:::> the City tilkQIii thO'i<i tb.itl'J~ itlto ilC'C'Ql1Flt \J'nel\ ~lWu<i:rytb.iR9' io ove~, there are obligations on Castilleja I and II that have to be treated separately and this is the point Miss Whittaker has made. However, in figuring out how the City is going to do it on Castilleja III21l .1. .....~ have to take into account what is proposed for Castilleja I,and II and what has happened to them because the~~' ei~y~y need -t:o~ake tJU- ~ jlC! ~,~ift.1OU.IilL.Of al:til'.xf. -r .. . ~d.o~. ,U?, , Mayor Pritchard asked if Cm Miller is saying that because of the land that is under litigation at this time, if the litigation wins there is a possibility that there will not be land available for park dedi- cation? ( Cm Miller stated that win, or lose, there is not enough land available for park dedication. A portion is going to have to be paid in cash. If it is really true that the litigation has only to do with the 23.33 -.if.. ..~ , _I A.' , ... . ,;". ,-, . ,. .,' . I .:.c.. -C'. <1-'" /';::7:. "-" '...1t:.>/ z_ >~"i. 1.-4."'.' "L~ . , .,. _/ I // ~1;;'../ .-~';;~. ... ,.'- /I ' " ~ ,<.-U.(" 4. ~l.L . ?/' , . , 7~ ~"".4f.:I/.L_ ~.~ -i. ~ 1- fjld': CM-28-373 September 9, 1974 (Tentative Map 3615 Castilleja Del Arroyo) acres then there is inadequate land in the 44.79 acres to get all the dedications that are due the City, in land, and this is an impor- tant point. Cm Turner felt the matter should be continued and referred back to the staff and if what Cm Miller says is true he is disappointed that this has not been pointed out by the staff. Cm Miller stated that the staff has pointed this out. The staff has said that the City cannot condition Castilleja I and II on the tract map for Castilleja III. It has also been pointed out that park dedi- cations have been paid for Castilleja II and due the City on Castilleja I. The argument is, by Mr. Madis, that there is plenty of land availa- ble and no matter what happens to the 23.33 acres, whether we win or lose, .lrt there is plenty of land. The fact is, there is not plenty of land and ~-JWhat the staff calculations have very clearly indicated.~~e City ~. has to be careful how Castilleja III is handled so the City.is not cheated by things that are due on Castilleja II. Part of Castilleja I and II were paid in cash. On Page 2 is says "less the l.l2 acres that was done in cash". If you take the l.l2 acres that was owed and cash was paid for it you can subtract the l.l2 acres acres and remain with 43.l5. The 43.l5 are the dedications owed to the City, of which 23.33 are under litigation having to do with the density transfer. Assuming the 23.33 belong to the City, the total actual area, according to the survey, is 44.479 acres and the required dedication is 43.l5 and is the acreage left over from the building permits for Castilleja III which does not include the 84 units yet. Summary II corresponds to the acres that are proposed to be sold off and in the report it says l.30 and Mr. Madis is speaking of l.4l - he stated he doesn't know what the corrected value is but it can be adjusted and must be adjusted somewhere before the final decision is made. Subtracting the 43.15 and the l.30 that is to be sold off from the 44.479, leaves the City in the hole, and the park dedication due the City for the 84 units has not been taken off yet which is another 1.68 acres. Subtracting all of this leaves the City in the hole by l.73l acres. This land cannot support all the park dedicationsAand this is the point. ~~ &/f': Cm Futch stated that Miss Whittaker has said this might be true but the City cannot require that this be a condition of the map and Cm Miller stated this is correct; however, he is not talking about the map. All he is saying is that the ordinance indicates the City has the choice of taking cash or land and in this case, when there is not enough land to take care of the whole thing the City should take cash. The other members of the Council agreed that it would be allright to take cash and asked the City Attorney if she would disagree with this and she stated there is no disagreement. Mr. Madis stated that he does not understand the calculations and asked what the Council has done about the l.24 which the City Attor- ney has indicated cannot be figured into the calculations. Cm Miller stated that the 1.24 is included in the overall considera- tion. Mr. Madis stated that the Council has dragged it back in, then, when the City Attorney said they couldn't use it. Cm Miller explained that in the discussion above, it was pointed out that in all Mr. Gillice's obligations to the City, he does not own enough land to pay the City in land - he is short l.73l acres, so for him to say that all the obligations can be paid off in land is not a true statement. CM-28-374 September 9, 1974 (Tentative Map 3615 Castilleja Del Arroyo) rlr. Madis stated that if the City Attorney is correct you have to add the 1.24 acres back into the negative figure of 1.731 which would leave a balance of .49 acres. ( Mayor Pritchard stated that the matter is to be continued and asked that further discussion be delayed. He suggested that in the interim, Mr. ~1adis, Miss Whittaker and Mr. Musso meet to resolve the differences on the amount available. He added that the City will probably require a cash payment rather than land but even in order to do this the num- bers will have to be resolved. Hayor Pritchard stated that if the attorney would agree, Cm Miller will not be present at the next Council meeting and would request that the matter be continued for a period of two weeks. !\lr. Husso commented that the 1.24 is not really pertinent to this tract because the 1.24 was a credit given two years ago. Two years ago the building permits were given for Castilleja III on the basis of the park dedication and at that time everything was agreed upon. Mr. Madis stated that he and his client have no objection to a two week continuance. He asked if the City would like some type of legal document drawn up which would indicate that certain land is to be dedicated to the City and can never be touched, which the City could approve stating that x number of acres is wherever the City desig- nates. Mayor Pritchard stated that this would be agreeable to him provided there is sufficient land available and the City engineers would have to tell the Council whether or not there is enough land there to do this. Mr. Madis stated that if all of the figures are true the issue is about a little over half an acre. Miss Whittaker asked if she is correct in assuming that the Council is asking that everyone involved meet to decide how many acres of park land Castilleja III owes the City and, secondly, to ascertain if Mr. Gillice has land, at this moment, that could be used to satisfy the requirement, and Mayor Pritchard indicated this is correct. It was noted that if property is located with the proper acreage, this could be presented to the Council but the Council still has the option of whether to accept land or cash. Miss Whittaker pointed out that Mr. Madis made reference to making a settlement that would designate a portion of the land to the City and that this land is presently being contested with the City saying it already owns the property and advised that the City not accept a grant of any of the 23.33 in fulfillment of the park dedication because the City claims that it is entitled to it anyway. ~vi th the approval of the applicant, on motion of Cm Hiller, seconded by Cm Tirsell and by unanimous vote the matter was continued for two weeks. ~ ( COMMUNICATION RE LOMITAS SE\VER SERVICES - COUNTY An inquiry has been made by Alameda County regarding annexation and utility services adjacent to Lomitas Avenue. At present the property is inhabited and destined to become part of our incorporated City. It is recommended that the Council adopt a motion agreeing to annexa- tion and provision of sewage treatment services, subject to all asso- ciated costs being borne by the benefitted properties. CM-28-375 September 9, 1974 (Re Lomitas Ave. Sewer Service) Cm Futch stated that for discussion purposes he would like to move that the Council adopt a resolution agreeing to the annexation of the subject area with the provision that sewage treatment services be subject to all associated costs be borne by those benefitting, seconded by Cm Tirsell who added that prior to annexation appli- cation, all property owners be provided with copies of our Hous- ing Element that spell out residential development, accepted as part of the motion by Cm Futch. Cm Miller asked what the General Plan indicates as density for this area and Mr. Musso indicated that it is l.5 dwelling units per acre. He then illustrated the area where the school will probably be loca- ted and where there are currently a couple of churches. At present, there are 8 units and a nursery school located in the area. Cm Miller stated that there are about 250 dwelling units that could go in that area if it is annexed to the City and zoned according to our General Plan and at best there is a capacity of 500-1,000 d.u. left in our sewer plant. It is the desire of the Council to reserve some of this capacity for commerce and industrial use and the exten- sion of sewer connections becomes a question of priority. If con- nections are allowed, it would mean taking a substantial amount of sewer capacity and committing it, unless the density is reduced or unless something else is done. em Turner stated that the motion sounds as if the City is going to start annexation proceedings and the other Councilmembers explained that the motion only indicates that if application is made for annex- ation the City would be willing to allow them to annex, as stated. Cm Miller stated that he would be willing to allow annexation of the 8 units existing in the area but would hesitate to allow units to develop at random. He continued to say that if the City says it will allow annexation then the County can allow development of subdivisions of 5,000 sq. ft. lots because the City will provide sewage. Mayor Pritchard stated that perhaps it would be better to allow annexation and sewer service to the existing parcels - about 35 parcels would be affected. He stated that he would be willing to allow these to annex but feels the property owners are not really interested in this but would like the City to be able to serve them with sewer service. Cm Miller stated that for 35 parcels there are advantages to getting them off septic tanks and allowing them sewer service, but he would be concerned about allowing this for the whole area. He would agree that the existing parcels be allowed to annex if they desire and would like the motion amended to read this way. Hayor Pritchard suggested that since there are so many amendments to the motion, perhaps it would be better to have Cm Futch restate the motion including these things. Mr. Musso stated that with respect to sewer connections, when a sewer connection agreement is signed by the property owners, they agree to annex to the City at such time as the City chooses to annex. Cm Miller stated this is true but it would have to read that the parcels would not further be subdivided and Mr. Musso stated that this would require a second agreement, in addition to the sewer connection agreement. ~1r. Parness stated that the County has asked if the City would be willing to annex the Lomitas area - not if it would be willing to consider it; therefore, the Council is not really responding to its question. CM-28-376 September 9, 1974 (re Lomitas Avenue Sewer Service) em Futch stated that his motion was to allow annexation and would not want people to have the opportunity to use our sewer service if they were under the jurisdiction of the County. Mayor Pritchard indicated that people in the County have been allowed sewer service, in the past, and Mr. Parness noted that this is general- ly done only if some obstacle prevented them from annexing to the City and where they would have annexed, if possible. Cm Futch stated that the agreement to annex does not spell out how many homes will be serviced and Cm Miller stated that it can and em Futch felt there is no reason to spell it out but Cm Miller stated that he could not go for the motion without knowing how many homes this would be limited to. em Miller explained that he is not willing to provide more sewer connections other than for those parcels existing - 32-35 or what- ever the number happens to be. em Futch stated that in five years from now the situation may be different and Mayor Pritchard stated that at that time the policy could be amended. Cm Miller felt if it is not specified, the City may be allowing 250 units and Cm Futch felt this is not so and the Mayor agreed with Cm Miller. Mr. Parness was asked his opJ.nJ.on on the matter and he stated that he would assume any property incorporated in the City would be entitled to connect to the sewer, at the density it is zoned. Cm Futch stated that if this is true, the City will have control over the planned use and Cm Miller pointed out that the General Plan allows l.5 units per acre)~:unless this is changed. em Tirsell asked why the zoning would be l.5 d.u./acre and em Miller pointed out that it is because this is what the General Plan says and em Tirsell commented that Buena Vista is not zoned 1.5 and that this area is comparable to the Buena Vista area. She added that the General Plan is currently undergoing revision. em Turner stated that first of all he would like the motion to say that we would consider annexation which could be considered as an escape clause, in essence, and secondly, the Council may be discussing a moot point when the people may have no desire to annex anyway and would suggest that the motion be voted on. em Futch pointed out that the County is asking if we are willing to annex which requires a yes, or no answer - not that we will consider it. (' "-. Cm Miller moved to amend the motion to including the wording not to exceed the number of sewer connections equal to the number of existing parcels, as of today. He stated that he would like to justify this by saying, once again, that the General Plan indicates 1.5 d.u./acre which means 250 dwelling units and is a major portion of the plant that can't be expanded because of lack of funds. The amendment was seconded by Mayor Pritchard. Dr. Schwartz, property owner in the area, explained the problem the property owners are encountering with septic tanks noting that some of the wells are polluted and because of some of the problems the County has adopted a septic tank ban. It would appear that the County is using this ban to preclude use of the land and the County certainly does not want the land broken up into CM-28-377 September 9, 1974 (Re Lomitas Avenue Sewer Service) small parcels with septic tanks. If the land is annexed in five acre lots and only 32 five acre lots are allowed he doesn't know how the taxes can be paid. It would seem that the taxes will rise sharply if the property is annexed, and yet, if the owners cannot develop, it would be impossible to be able to afford to live there. Dr. Schwartz felt such a condition placed on the owners by the City and County not allowing septic tanks really puts the owners in a bind. The owners cannot develop if they annex to the City and unless they can develop they can't afford to annex but if they remain in the County they can't have septic tanks. em Miller stated that if the zoning through the annexation agreem- ent is, effectively, that the owner has five acre parcels, this should be reflected in the Assessor's valuation of the property. Dr. Schwartz stated that this may be, but he certainly does not want to live on five acres of land in the City and does not know anyone that does. In his opinion, there is nothing to gain by having five acres. em Tirsell stated that in her opinion, she would prefer to take care of the sewer assessment district portion in the second part of the motion because in her opinion it is prejudicial to say which area, left in the sphere of influence, that would get the remaining capacity in the sewer treatment plant but the area the City would like to annex may not choose to annex first. It is unfair to say, no, we are going to reserve it and we won't give it to you and to another area say, yes, you may have the remaining capacity because we want you to annex. Dr. Rocco stated that he agrees with what Dr. Schwartz has said and in the first place it is not sewer connections the property owners want but rather water connections and it is his understand- ing this would be provided through Cal Water, not the City. They did talk with the County about treating the water exactly the same way the City treats it - by aeration. Cm Miller pointed out that the County asked if the City would be willing to annex, or not, on the basis of sewer connections; there- fore the Council has not been informed as to what the issue was. He stated that his amendment was that there not be more sewer connections than the number of parcels that exist, today. em Futch stated that he would disagree with the way Cm Miller has phrased the amendment and it would not be a part of the orig- inal motion. At this time the amendment failed 2-3 (Cm Futch, Tirsell and Turner dissenting). The Council then voted on the main motion which says that the City is willing to annex this area. Cm Turner stated that he does not plan to vote for the motion be- cause he feels the word "consider" should be included and secondly, if the people wish annexation they will come to the City. em Futch pointed out that this is not giving any guidance to the County - not stating density or anything. They have asked a ques- tion and this requires a yes or a no answer. Cm Miller stated that as he recalls every member of the Council was in favor of reserving sewer capacity for industrial use and indicated that this is the implication of the discussion even though this is not the discussion. em Futch and Tirsell felt this is not the point and Cm Miller is reading additional information into the matter that is not a part CM-28-378 September 9, 1974 (Re Lomitas Avenue Sewer Service) ( \ of the motion and Cm Miller asked if the Council is proposing to reduce the density and it was noted that the General Plan is under review at present and it may very well happen, but this is not the point. em Miller stated he learned a long time ago to pay attention to what could happen if you're not careful what you do at one point. Bruce McFarlane stated he would like to speak to Cm Turner's comment about property owners coming in. In December 1972 he did come to the City and ask about annexation of his 5-acre parcel and he was given a list of requirements at that time that made it obvious to him that the cost would be prohibitive. The permits alone came to something like $30,000 and that didn't get anything in the ground and it didn't include walls around the property and a number of things like that which he felt were germane when he only asked if the City would consider extending sewer service to him and have him remain in the county. He did not get an answer to his question, but he hoped the Council would answer the County's question tonight. em Tirsell and Cm Turner could not understand the permit amount quoted by Mr. McFarlane, and Mr. Musso explained that when he came in just for a sewer connection agreement, the requirements that are set as a condition to granting the agreement were paying the City fees which were about $3,000 at that time, but there were require- ments for putting in the public works improvements, but they could not have been $30,000. Mr. McFarlane pointed out that this was not only for his parcel, but also for two adjacent parcels which carne to a total of 12 acres, and the City also suggested 9 du/acre which was not according to the General Plan, but he had this suggestion in writing and in doing some simple arithrnatic he had come up with that figure. The Council advised Mr. McFarlane that the City did not have a density of 9 du/acre and never had, and felt that there had to be a mistake in the calculations. em Turner stated he wished the people would use annexation as a consideration. Cm Miller asked if the Council was willing to tell the County that subject to capacity in our sewer plant, and Cm Tirsell reminded him that this was in the Housing Element - whether or not the City can serve the area. Mayor Pritchard called for a vote on the main motion which passed 3-2 with Cm Miller and the chair dissenting. Mayor Pritchard then asked for a motion on Item 2, and Cm Tirsell moved that the City communicate to the County it would be willing to enter into an agreement subject to capacity within our sewer treatment plant. C' The Council discussed what the meaning of the second item might be and whether they meant to ask if the City would grant sewer connection if the properties annexed to the City or remained in the County, and Mr. Parness felt that annexation was implied and perhaps it would be well to add that to the motion. Cm Futch stated he was not in favor of what was being asked as he felt they were asking the City to provide sewers for a county service area. em Turner stated in that case perhaps em Miller's motion would be appropriate concerning the 32 parcels in this case on our boundaries. em Miller stated he would agree with Cm Futch - if the City is going to provide sewer service to anyone, they will have to be annexed to the City. Cm Tirsell stated she would not be willing to provide sewer service if they are not annexed, so her motion was withdrawn. CM-28-379 September 9, 1974 (Re Lomitas Avenue Sewer Service) Cm Turner moved that the City advise the County that the City would be willing to service the 32 existing parcels in the present configura- tion by sewer connection agreement; Mayor Pritchard seconded the motion, and asked if there was any more discussion. em Futch stated the motion had some appealing parts, but he did not think it feasible, because there is a high cost of providing 32 parcels and only 32 with service, and ern Turner stated it might be an inducement for the parcels to annex. Mayor Pritchard asked the City Manager what the requirements were for a sewer connection agreement and Mr. Parness stated the City asked mainly for an annual service charge equivalent to the City tax rate, plus.a nominal surcharge added to it. There are also the usual fees for connection to the system and that the subject proper- ty owners consent to annexation if it is ever called upon in a given area, and eventually the provision of public works improvements. Cm Tirsell asked what control the City had over the subdivision of the property if a certain size line is installed for the 32 units, and Mr. Parness stated that if it were to be done under a County assessment district, he would assume there would be some interrela- tionship with the City as to the design of the system and the staff would specify the size of the line to satisfy the needs of the area not only the 32 units. Mayor Pritchard at this time withdrew his second to the motion, and a motion was then made by em Futch that the Council would not favor servicing the area unless it was annexed to the City; motion was seconded by Cm Miller and passed 4-1 with Mayor Pritchard dissenting. LETTER OF COMPLAINT RE GARBAGE PICKUPS A letter of complaint was received from Mrs. Joan A. Holm, 1704 College Avenue, regarding the noise made by the men collecting garbage and the early hour of the pickup especially on Saturday. Mr. Parness advised that he had talked with the Disposal Company concerning the complaint and the suggestion for varying the route, and Cm Tirsell asked if the staff would communicate with them and ask them to vary their routes, so the same people would not be subject to the early hour year after year. COMMUNICATION RE GOLF COURSE SIGN, RODEO PARADE AND TRACK RELOCATION A communication was received from Elizabeth Mondon, 5873 Singing Hills, commending the City Council for the new City sign. She also thanked the Council for the deletion and subsequent rebudget- ing of the rodeo parade and asked that the Council heed the wishes of the majority regarding the track relocation. The communication was noted and filed. RE I-580 WIDENING Communications were received concerning the I-580 widening from the Livermore Chamber of Commerce and Francis B. Headley. They were noted and filed. CM-28-380 (' \ c September 9, 1974 REPORT RE HEATHER LANE BRIDGE CONSTRUCTION - Kissell Co. The City Attorney Miss Whittaker explained that apparently this was a case of mutual misunderstanding. The Kissell Company claims that whenever the word "bridge" was spoken it was never mentioned that the bridge included the road. There are two options available to the Council: the Council can decide to hold Kissell to the agreement they have with the City, in which they could go to court and she felt they would have a good chance of being successful in getting out of the contract on the basis of mutual misunderstanding; the other option would be to rewrite the contract at this point. The staff has no objections to Kissell's proposed compromise. Miss Whittaker stated that she had spoken with Mr. Watson, who indicated he would modify the language about Kissell agreeing to any settle- ment between the City and the bonding company. Mr. Watson stated they would be agreeable if the agreement was worded so that any settlement agreement communicated to the Council would be communi- cated to them and they would have a chance to present a counter proposal which she thought would be fair and still not tie the City to doing what Kissell wanted. The City Attorney's office had no particular recommendation, but the agreement would be up to the Council's dis- cretion. Mr. Parness stated that what is suggested by the City Attorney's office is that the Kissell Company be allowed to install Heather Lane bridge in accordance with their definition of the contractual requirement for bridge installation sans the appurtenances which the Public Works Director feels were included, and the actual cost for the appurtenances would be about $30,000 additional. Kissell Company would like to install the bridge and then have the City proceed against the bonding company for satisfaction of the additional works for which there is a $60,000 bond posted, and in the event there is paYment from the bonding company for that, any amount in excess of the City's cost may be used as a credit for Kissell towards the work they would have to install. Dewey Watson, representing Kissell Company, stated there is one point he would add: it is his understanding under the present agree~' ment, if the City were to recover any money Kissell would be entitled to receive first before the City could apply any monies to the build- ing of the road. They are willing to compromise by subrogating any right they have to recover the cost from the City if the law suit is successful on the bond, to the right of the City's recovery first. Cm Futch asked if the City agreed to the proposal by the Kissell Company, would it be reasonable to expect that the properties that would develop should bear the cost of the additional expense in the event we did not collect from the bonding company, and Mr. Parness replied that would be correct in that event. Cm Futch stated we would not be completely out of the money if we did not collect from the bonding company because we could then require future development to pay this. He added that it seemed the Kissell Company had pursued the issue in good faith and there is a need to have those homes com- pleted and to come to some agreement on this, and he moved that the Council adopt the recommendation proposed by Kissell Company; motion seconded by em Miller. Mr. Lee suggested that the Council not accept that interpretation of the agreement that the improvements aren't included; perhaps the Council if it wishes could allow them to only build the bridge. There was some discussion regarding the interpretation of the agree- ment, and Mr. Lee stated that the agreement says the Kissell Company has the responsibility for the bridge, and it also refers to the bond and the bond spells out very definitely these other improvements. If the Council relieves Kissell Company of this responsibility, the CM-28-38l September 9, 1974 (Re Heather Lane Bridge - Kissell Co.) bonding company will say the City has given up its hold on the success- or to the developer, and so they no longer have the responsibility. What the motion would imply is that the Council would allow occupancy of the homes when the tract is completed. em Futch asked the City Attorney to respond to this legal question, and Miss Whittaker stated there is some confusion regarding Kissell's status with Reliance because Reliance is still a separate company and is still in business. Kissell did not take over Reliance Company, but in this particular instance acquired property that Reliance had owned by foreclosure. The bond started with Windsor Land Company and has run to our benefit for the performance of windsor and its various successors of which Reliance is the latest. We can go after the bonding company because the person who was to put in the bridge, did not. Kissell is not a successor in interest to Reliance, but merely obtained some property they owned. em Futch stated his motion would then stand if it is seconded, and em Miller agreed to the second, to adopt the recommendation of com- promise by Kissell Company. Mr. Parness suggested that the agreement with the City Council be put in whatever form the City Attorney believed to be appropriate, and the Council agreed that it be conditioned that way. The motion passed unanimously. em Miller moved that the City now pursue the bond suit with diligence, seconded by Cm Turner. Miss Whittaker advised the Council that the suit is on file and all the parties have had an open stipulation to answer for some time. They were all notified today that the City would like answers on file within 30 days, so the City Attorney's office has started to pursue the matter. em Miller indicated that the motion was not necessary if that is the case. He also commented that there is a problem that put the City $30,000 at risk which had to do with communication and not getting everything locked up in writing of contracts which happens too often and something should be done about it. REPORT RE SEWER CONNECTION AGREEMENT WITH CALVARY TEMPLE The City Manager reported that an application has been received from the Calvary Temple, located on Arroyo Road opposite the intersec- tion of Lomitas Avenue, for a sewer connection agreement. In the past the City recommended that the County require connection to the City sewer because of the use of the building for a nursery school and its expansion, and that the City would grant such connection if all public works and other City requirements were met. It is recommended that the Council adopt a motion authorizing the City Attorney to prepare a sewer connection agreement, subject to the usual contract provisions. On motion of Cm Miller, seconded by em Tirsell and by unanimous vote, the staff was directed to prepare such agreement. John Warren, Pastor of the Calvary Temple asked what public works improvements would be required of them for connection to the City sewer and it was explained that unless Mr. Warren is satisfied with the requirements he does not have to sign the agreement and suggested that he meet with Mr. Lee to discuss the terms of the contract requirements. CM-28-382 September 9, 1974 REPORT RE GOLF PRO CONTRACT AMENDMENT ~... The City Manager reported that in view of the pro shop enlargement at the golf course it is felt that financial assurance should be obtained that the interior building appointments will be made by the golf pro. This agreement certifies that such will be done. For mu- tual consideration and in order to have some additional assurance that the personal investment may be amortized, the term of the club- house lease would be extended from July l, 1975 to July 1, 1976. It is recommended that the Council adopt a resolution authorizing exe- cution of an agreement. Cm Miller stated he would like to know how much the City is going to put up and how much the golf pro will put up for this project and Mr. Parness stated that the City is paying only for the cost of the construction of the exterior walls which amounts to about $15,000. He stated that he does not have a figure for the internal work that the golf pro will have to spend but it isn't significant. It does include new carpeting, fixtures, painting and other interior work. Cm Miller stated that he would like to know, to the nearest $1,000, how much this will amount to and Mr. Parness stated that he would guess somewhere in the neighborhood of $3,000. Mr. Parness added that everything is all done and the contract is underway and Cm Tirsell stated that as she recalls the bid was much higher than estimated and Mr. Parness stated that it was but the Council did authorize its execution. Cm Turner stated that he would like to say at this time that he has gone to the snack bar area for a sandwich and really would hate to take anyone else in there because of the deplorable condition with respect to the filth. He stated that the tables are dirty, there are dirty ashtrays and ashes around and it is really a mess and feels the City should see that it is maintained in a clean condition. Mr. Parness stated that the staff would concur with the comments made by Cm Turner regarding the condition of the snack bar and that the City is in constant contact with the people who operate it to complain about the operation and condition of the business and with respect to the finances of the operation. He stated that inspec- tions are made by the County and there is no sanitary defect; however, they are often untidy and the City realizes this. On motion of Cm Tirsell, seconded by Cm Futch and by unanimous vote, the resolution authorizing exection of agreement was adopted. RESOLUTION NO. 146-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Daniel Lippstreu, Las positas Golf Pro Shop) REPORT RE CROSSWINDS LEASE AMENDMENT C' The City Manager stated that a minor amendment to the Crosswinds lease is required, related to the above item which permits a minor relinquishment of the snack bar area under lease to the Crosswinds so that it can be incorporated within the expanded pro shop. On motion of Cm Futch, seconded by Cm Tirsell, and by unanimous approval a resolution authorizing execution of the amendment to the lease was adopted. CM-28-383 September 9, 1974 (Crosswinds Lease Amendment) RESOLUTION NO. 147-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Crosswinds Restaurant Corporation) REPORT RE PROPOSED STAFF ADDITION The Council instructed that a job description be prepared for a Director of Community Development; and such has been presented to the Council. It should be noted that the main emphasis is directed toward industry and commercial promotion but it is important that other prospective allied functions be listed, as well. This is not only to be candid in the recruitment process but also to alert possible candidates that may have pertinent work experience. It is recommended that the Council adopt a motion as follows: a) Approving a modification in the current year's budget by the establishment of a department of Community Development and appropriating the funds necessary for its functioning in accordance with a report dated June 19, 1974, in the approxi- mate amount of $30,000. b) Authorizing recruitment and selection of a person to fill this new position. It was noted that the individual's retention would be subject to the final approval of the City Council. Cm Tirsell stated that she would like to see the information from the City of San Jose before working on this and Mr. Parness stated that this can be done but the information is very voluminous and bulky and Cm Tirsell wondered if there is just one part related to recruitment of industry, and Mr. Parness stated that one of the divisions of the report was devoted to this particular item. Cm Futch pointed out that Mr. Parness had advised against hiring someone for such a position at this time and Mr. Parness explained that the reason for the recommendation was in accordance with what he sensed to be the desire of the Council. em Futch stated that the City's reserves are being depleted and would like to know exactly how much money the City has. He stated that he doesn't really know what reserves the City has and what level they have been at in the past and asked that this be pro- vided in a graph form. Mr. Parness indicated that it was diffi- cult to determine the amount as a good safety factor noting that cities allover the Bay Area and state operate all the way from zero to 30-40% reserve funds. In his opinion it would probably be prudent to operate at somewhere between 20-25% and currently we are probably around 14-15%. em Tirsell stated that she is also concerned about the amount of legal fees that may have to be paid from this money and Cm Futch felt the net available after all these costs are paid should be reported on. Cm Miller stated that he would be interested to know just how effective this type of program has been in other cities. How much industry has actually been received from something like this? CM-28-384 September 9, 1974 (Proposed Staff AdditionO (- .... Cm Miller stated that it would be great if a city could obtain indus- try from someone working like this; however, he has a lingering doubt that this might be throwing money away on something that cannot suc- ceed. He stated that he isn't sure but just feels some doubt and would like to know how effective it really is. em Tirsell stated that she had mentioned before that the Council would have to evaluate whether the program would be successful because it would take a substantial amount of industry to make a dent in real property tax returns. em Turner stated that he would like to move that in view of the City's legal situation at present and the uncertainty facing it within the next two or three months, perhaps the matter could be tabled until the City can see in which direction it is going, financially. Mayor Pritchard stated that the motion is, essentially, to table the matter for approximately 90 days, seconded by em Tirsell, which passed unanimously. REPORT RE ACQUISITION OF PROPERTY FOR RELOCA- TION PROJECT (Track) The City Manager reported that at a recent meeting the Council auth- orized application to Alameda County for the exchange of an equal amount of property between the City and County for the needed right- of-way from the corporation yards for our subject project, the grade separation. Unfortunately, the property that would have to be offered by the City would detract considerably from our corporation yard and one office structure would have to be relocated. The area necessary to be obtained from the County is approximately 2,000 sq. ft. apprai- sed at $4,000 and it is recommended that the Council adopt a motion authorizing that a purchase request be made to the County for this property at this amount. Cm Futch moved that the City Manager be authorized to submit the purchase offer, and that the former offer for exchange be rescinded, seconded by em Miller which passed by unanimous vote. REPORT RE TEMPORARY PUBLIC WORKS INSPEC- TION SERVICES The City Manager reported that the grade separation construction projects will require the full time service of a Public Works inspector. This item was included within the budget prepared for this project and the estimated cost for this personnel addition for the term of the contract is $10,000. It is recommended that the Council adopt a motion authorizing retention of this employee. Cm Miller moved that the Council authorize retention of an employee, seconded by Cm Futch which passed by unanimous vote. r ~._~/ Cm Turner stated that he would be voting for the motion, reluctantly, because in his opinion someone from within the department could handle the inspections required for the project. CM-28-385 September 9, 1974 REPORT RE CONDEMNATION OF PROPERTY FOR FIRE STATION t4 The City Manager reported that relative to property located at the corner of Evans Avenue and Concannon Boulevard, it has been con- cluded that it should be selected as the site for Station 4. It is located outside of our incorporated bounds but adjacent to City property and it would be necessary to acquire only half an acre of land for this purpose. The property is privately owned and tentative negotiations have begun in hopes of resolving a recommended acquisi- tion price. The owner ownes five acres of land and does not wish to sell the half acre lot for the City's needs. He explained that the City Attorney has informed him that the City cannot condemn property for this use when it is not a part of the incorporated City, as can be done for park sites and other purposes. In order to obtain the property it will be necessary to first annex it to the City or negotiate a purchase with the owner. He stated that he would like to recommend to the City Council that they approve conduct of a qualified appraisal and when this has been received to begin negotiations with the owner. em Miller commented that if plans for obtaining this property fail there is a parcel located on Concannon Boulevard that belongs to Mr. Mehran which is undeveloped, zoned for single family residential, located within the City and could be con- demned. Mr. Parness stated that they did look at a piece of property in this area, possibly not the same one Cm Miller is speaking of, but was zoned for professional offices and is used as a corpora- tion yard. em Miller pointed out that using the property as a corporation yard could not possibly be within our City ordinances and Mr. Musso spoke to this point. It was noted that this parcel is one of consideration for the purpose of housing Station 4. em Miller moved that the City Manager be authorized to conduct an appraisal for the property, seconded by em Turner. Cm Turner amended the motion to state that the appraisal be done by someone within the valley, which died for lack of a second. The motion passed by unanimous vote. INTRODUCTION OF ENERGY CONSERVATION ORn. em Futch stated that he has spoken to Mr. Street with respect to the Energy Conservation Ordinance and that Mr. Street has made some worthwhile suggestions Cm Futch has incorporated in the wording of the ordinance, which he read to the Council in mak- ing amendments to the ordinance. He stated that 6.5 (c) should read as follows: "The minimum standards of energy conservation shall be the standards adopted by the State Commission of Hous- ing and Community Development." The other suggestion had to do with the fact that it is required that an attic fan should be on a separate 15 ampere circuit. It is suggested that 6.51 be amended to say that "attic fan installation shall conform to the National Electrical Code" in substitution of "shall be in- stalled on a 15 ampere circuit". He stated that in addition, 6.51 requires attic fans with all new dwelling units equipped CM-28-386 September 9, 1974 (Introduction of Energy Conservation Ordinance) :- \ with central air conditioning systems and any existing units in which a central air cooling system is installed. This should be changed to state that attic fans would be required only where air condition- ing is installed - central air conditioning - not air conditioning in one room or something such as this. He felt there has been a lot of confusion on this point and would hope this will clarify it. Mayor Pritchard stated that he does not know whether it should be written in or not, but zone air conditioning is not considered centrail air conditioning and wondered if this is correct and Cm Futch stated that zone air conditioning is not considered central air conditioning. There was then discussion regarding the inspection fee which Cm Futch stated is mentioned in 6.53 and was left blank and wondered if Mr. Street would like to comment on this item. Mr. Street stated that there is a $5 filing fee for the report of residential building records plus the $25 inspection fee and then the cost of reinspection, if it is required that an attic fan and insulation be provided, is the reason for the blank. He stated that in his opinion a reasonable fee for this service would be $lO which would mean a total of $35. Cm Futch stated that he would like to provide some incentive for not needing a second inspection and wondered if the intial fee could be less and wondered if this would be considered reasonable - perhaps $15 initially and $15 the second time. Mr. Street stated that in his opinion there seems to be a little inequity in the way this is to be handled because, for instance, if a person applies for an inspection and says yes, he has the air conditioning, an attic fan and the required insulation, the inspection is only needed once. However, if a person comes in to apply and says, no, he has no attic fan, etc., the initial inspection has to be made with the knowledge that a subsequent inspection will have to be made. Somehow, the subject of the fees is somewhat in- determinate. Cm Futch felt that perhaps the City should take the person at his word when he says he does not have the attic fan or insulation and not make two inspections but rather make an inspection after they have been installed. Mr. Lee felt perhaps a resolution would be to charge one fee which would cover application and one inspection and the second inspection could be omitted - inspection could be made after installation. em Miller stated that he believes what the staff is saying is that they could draw up a policy that the Council could review and takes into account the suggestions made by Mr. Lee and Mr. Street. Mayor Pritchard pointed out that the way the ordinance is written does not preclude Mr. Street from only making one inspection. ( Cm Miller agreed that to introduce the ordinance tonight and let the staff work out a policy would be a good idea, then, if it is necessary that changes be made in the ordinance it can go back to the first reading. Cm Futch stated that the fees could be stated just as they are, in that case, and perhaps a second inspection would not be necessary. CM-28-387 September 9, 1974 (Energy Conservation Ordinance) Mr. Lee stated that he would like to offer wording, as such: "An application fee of $20 is payable to the City of Livermore at the time of application for the residential building record which allows an inspection to determine compliance with Section 6.52 above, and shall be payable on application. The fee for any reinspections shall be $10 each." em Futch stated that he would agree with this wording unless, in the meantime, the City Attorney finds a problem with such wording. He added that while this may not be the optimum type of ordinance it was the best that he and Mr. Street could come up with at this time and has a number of features they feel should be implemented, and on motion of Cm Futch, seconded by Cm Miller and by unanimous vote the Council introduced the ordinance related to the amendment of the Building Code related to energy conservation, as amended, to be read by title only. Prior to the vote Cm Turner asked if the attic fan requirement is included in the requirement of the State of California and Mr. Street replied that it is not. Cm Turner added that he is really not in favor of the attic fan requirement because in his opinion it is discriminatory because it does not include the flat-top, the home that does not have central air conditioning and the home that is not going to be sold. Somehow it seems wrong to add this to the list of fees associated in the sale of a home. Another point he brought out was that the use of the attic fan may cause the cooling system to use less energy, but this savings could be absorbed in the attic fan, because the attic fan will use energy, and he questioned whether or not the attic fan is actually of value in conserving energy. em Miller explained that the main air conditioner uses a lot of power, and if there is an attic fan it cools off the space above the hot ceiling so that the heat input from the ceiling is less and the air conditioner can be off more of the time, and the attic fan uses less power, and that is the reason it is advantageous. em Turner stated he was also concerned about the additional cost and whether the savings in energy, if in fact there is any savings, would offset the $200.00 cost it will cost the homebuyer each time he buys and sells the house. em Miller stated the cost would only be at the time the air condi- tioner is installed and the cost would be much less than the $200. Cm Futch stated that if the fan is installed in conjunction with an air conditioner, it lowers the amount of air conditioning ne- cessary, and it would reduce the cost of the size of air conditioner and the power requirement also, so you would gain in both the cap- ital expenditure for the size of the refrigeration unit and the amount of electricity that would be consumed. Cm Turner asked about the zone air conditioner which would not re- quire the attic fan and might be on all day and wondered if the Council would consider requiring that any new home built that zone air conditioning would not be allowed, however the other members of the Council did not feel this could be enforced. Cm Turner stated his concern was whether it would really save energy and the cost, and Cm Futch replied that it is one item that will payoff. Paul Tull remarked in answer to Cm Turner's question, that is has been one of the rules of physics that the dead air space is an in- sulator and putting an attic fan in during 90 to 100 degree air temperatures through the attic, will actually increase the need for the air conditioner in the lower portion of the house. CM-28-388 September 9, 1974 (Energy Conservation Ordinance re Insulation) (' \ \ "'.. Glen Dahlbacka, 1138 Aberdeen, stated that the ordinance does not address the degree of reinsulation, or to what form of specification should it be insulated. Also it does not address which homes should be insulated - whether the homes that are insulated to old FHA standards (R-ll) should be insulated to the R-l9 standard. A lot of homes are insulated to the R-ll standard and could be con- sidered to be reinsu1ated up to higher resistance value under this ordinance. Another thing, the acceleration of the state standards to the date sooner than it is to be adopted by the state has been given up, and he was concerned about that and hoped the Council would reconsider any delaying or enactment of the standards on the 22nd of February rather than immediately. He also had a question if the air change specifications in the attic fan requirement are with respect to time, and wondered if these are the same as the recommended performance standards for attic fans. Cm Futch stated that the standards adopted by the state to go into effect February 22, will be enacted at the time this ordinance goes into effect, since the standards already exist. Mr. Street stated that in relation to the standards for the insula- tion requirements, even though the ordinance does not speak to it, he would assume we would use the same standards for new houses that are in the state standards. PROPOSED ORDINANCE RE REPEAL OF SEC. 27.80 OF THE ZONING ORDINANCE A motion was made by Cm miller, seconded by Cm Turner, to introduce the ordinance repealing Sec. 27.80 relating to the Zoning Ordinance, to be read by title only. Mr. Musso commented in opposition of the proposed ordinance, stating that when the staff makes an error it is not too likely that the filing of a variance would result in the granting of the variance. He could not imagine what the courts would do if the City ended up in court on a variance which had been approved and someone built something and the City said it had to be removed. Mayor Pritchard stated that the citations quoted did exactly that and were upheld. Mr. Musso suggested that the section not be appealed, but if it is, maybe just where the person has exercised his right under the permit and if he has a permit and not built anything, not validate the permit; the other alternative would be to not allow an automatic variance if the approval is granted based on inaccurate information or witholding of facts. He felt this would would cause more problems than it will solve by repealing this section. / \ Cm Miller stated that with the repeal of this ordinance, the Council can require the ripping up of foundations which have been laid down erroneously. The argument made in the legal discussion is that even the officers of the City do not have the right to permit viola- tions of the ordinances to occur, and an automatic variance allows those violations to occur and be legalized. Another aspect is that if the Cit~akes a mistake and it is approved, it is an open invitation '. bribery, and any such opportunity should be deleted from our or inance. He did not mean this as a reflection on our existing members of the City staff. CM-28-389 September 9, 1974 (Energy Conservation Ordinance) A vote was taken on the motion to introduce the ordinance, which passed unanimously. MATTERS INITIATED BY COUNCIL (Moratorium Ordinance Review) Cm Turner stated that the Council had agreed to review the Specific Planned area six months prior to the expiration of the moratorium ordinance in March 1975, and asked that this be placed on the agenda in the near future. It was suggested that the Planning Director set up a schedule for review of each unit and especially Planning Unit No. 12. (Fact Sheet re City Functions) Cm Turner stated he had heard statements regarding the money that is being spent for the General Plan, and felt that it was because people did not have all the facts. He suggested that the City Manager or the Mayor could on a quarterly basis give a "Report to the Citizens" on the main issues - the how and the why of them. Mr. Parness stated that something of this nature had been done before - a City Hall Reporter column - to try to entice questions, but it did not work out. He felt the incidental type news release was best such as the retention of a Planning Consultant. Cm Tirsell stated she would like to have a statement for the press regarding the planning conultant. em Turner stated that the Council should reaffirm their position concerning New Town, and also send a letter asking Pleasanton to state their position. (Times Article by Mr. Marguth) Cm Miller stated that all members of the City Council have been accused of commiting misdemaanors and felonies by Mr. Marguth and/or Mr. Hecox. He stated that the Council can expect to be criticized, but to be accused of crimes is something else, and he suggested that the Council ask the City Attorney to direct a letter to Mr. Mar- guth and Mr. Hecox, formally asking for a retraction of the accu- sations they have made. em Tirsell seconded the motion and read the following statement: "The City Council of Livermore recognizes the importance of public opinion on issues that face our City. We are fortunately the only City in California to have three home- based newspapers and every action of this Council is news, subject to the scrutiny and interpretation of three different staffs of re- porters and editors. Our Council takes note of inaccuracies and misstatements of the press and we shall make every effort to correct their errors and to keep the public informed of the facts. To illustrate this point, we refer to an article written by Mr. Walt Hecox in the Valley Times of August 8, 1974, in which he quoted Mr. Gib Marguth of charging this Council with overt violations of the Brown Act. These actions, if they were true, are misdemeanors and felonies under the law. After this Council denied the viola- tions at the meeting of August 19, three of us received phone calls from Mr. Marguth saying that he had not made the statements that appeared in print. To date the Valley Times has not corrected the article, nor cleared the record in any way. Therefore, we will direct our City Attorney to notify Mr. Hecox, Mr. Marguth and Mr. Dean Lesher of this incidence of libel with the expectation that every effort will be made by them to present the truth to the public." CM-28-390 September 9, 1974 (Valley Times Article) Mayor Pritchard pointed out another inaccuracy in the article by Miss Java, that an inadvertent violation of the Brown Act is a misdemeanor whenever three members of a five member governing body are present at the same time anywhere at any time during their term of office they are in technical violation of the Brown Act. He pointed out that the Brown Act specifically excludes social gatherings. A vote was taken on the motion, including the statement and directing the City Attorney to write letters aSking for retractions, and passed unanimously. (Environmental Impact Hearing re VCSD Plant Expansion) Cm Miller referred to the hearing on the VCSD Plant expansion in view of the testimony presented by the chairman of the Livermore- Pleasanton Smog Study Committee, that population growth in the valley is a serious health matter for all of us, and wondered if the City of Livermore should take a position, and if so that the City oppose a full expansion to eight million gallons per day. Mayor Pritchard stated that since Livermore has not been allowed to expand on the grounds of air quality, he did not feel they should be allowed to expand, and Cm Futch was in agreement, and moved that Cm Miller be designated to attend the meeting, but Cm Miller stated that it was his intention to attend, and it the Council agreed that he should represent the Council. (Grade Separation Project Response) em Miller stated that in line with answering questions that are dis- torted by people who write letters, he felt there should be some response by the Mayor with respect to the grade separation project, and the situation as it actually is. (County Planning Com- mission Hearing re New Town) The County Planning Commission Hearing re New Town was continued to Friday, September 13, the the City Attorney was asked by the Council to attend the meeting. Cm Miller felt that the members of the Council should attend in order to respond to anything that might be brought up, and possibly ask for another continuance as they have not had enough time to respond. Miss Whittaker asked if the Council desired to have a court reporter present also, and was told that they would. (I-580 Widening) '\'---- ..-- Mayor Pritchard asked if the staff would check to determine whether MTC actually approves the widening of I-580 to eight lanes as indi- cated by CALTRANS. ~ ( CM-28-39l September 9, 1974 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at l:OO a. APPROVE J.ty Clerk .vermore, California ATTEST Special Meeting - September 12, 1974 A special meeting of the City Council was called to convene at 12:00 noon, Thursday, September l2, 1974, in the City Hall conference room, 2250 First Street. Purpose of the meeting was to interview City Attorney applicants and to have Council consideration of action on the recent Appelate Court decision regarding SAVE. Mayor pro tempore Futch called the meeting to order at 12:10 p.m. Present: Councilmembers Miller, Tirsell, Turner and Mayor pro tempore Futch Absent: Mayor Pritchard The meeting then adjourned to an e items for which it was called, the APPROVE ATTEST Special Meeting - September 14, 1974 A special meeting of the City Council was called to convene at 10:00 a.m., Saturday, September 14, 1974, in the City Hall confer- ence room for the purpose of interviewing City Attorney applicants. The meeting was called to order at 10:00 a.m. by Mayor pro tempore Futch. Present: Councilmembers Turner, Miller, Futch and Tirsell Absent: Mayor Pritchard The meeting then adjourned to an executive session to interview City Attorney applicants and fina y adjourned a 5:00 p.m. ATTEST '-----' APPROVE CM-28-392 Regular Meeting of September 16, 1974 A regular meeting of the City Council of the City of Livermore was held on September l6, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:06 p.m. with Maypr pro tempore Futch presiding. ~. ROLL CALL: Present: Cm Turner, Futch, and Tirsell Absent: Cm Miller and Mayor Pritchard (both excused absence) PLEDGE OF ALLEGIANCE Mayor pro tempore Futch led the Council members as well as those present in the audience, in the Pledge of Allegiance. SPECIAL ITEM (Report re Bicentennial Committee Flag Plans) Ralph Condit, 4602 Almond Circle, spokesman on behalf of the Bi- centennial Organization stated that they would like to propose a plan to be adopted for officially displaying the united States flag during the Bicentennial celebration. During the celebration, the flag to be adopted would be an official united States flag, a historical flag and not necessarily the current flag. It would be respected, just the same as the present flag and used on government buildings and schools as well as private residences and parades. At this time they would request only Council endorsement of the plan for use of a historical flag. Selection would not be made for a couple of weeks which would give the public the opportunity to express opin- ions and to vote on a selection. The vote will be held during the Livermore Arts Festival on September 28th and 29th. City Council endorsement would lend meaning to the voting at that time. If the Council endorses the plan the Livermore Bicentennial Organization would handle the sale of the flags to help raise funds for the purpose of carrying through a plan in Livermore for appropriately celebrating the nation's 200th birthday. He exhibited the flags from which a selection will be made and indicated that the Bicentennial Organization is about evenly divided as to which flag would be preferred - the two flags being the Betsy Ross flag and the Bennington flag. The Betsy Ross flag was designed to illustrate that the stars represent heaven; the red stripe, the mother conntry; separated by the white stripe which is an indication that we have separated from the mother country. The white stripe shall go down in posterity as representing liberty. The Bennington flag is supposed to have been the first stars and stripes ever flown - in l776 at the battle of Bennington, and the first flag to ever fly over an American victory. Mayor pro tempore Futch stated that he would like to thank Mr. Condit for the presentation and that it would be in order to ask for a motion endorsing the idea of selecting a special flag for the Bicentennial observation celebration, so moved by Cm Tirsell, seconded by Cm Turner and passed by unanimous vote. CM-28-393 September 16, 1974 CORRECTIONS TO MINUTES OF 9/3/74 Corrections to the minutes were as follows: Page 351 - 6th paragraph: Cm Tirsell moved that in a spirit--- ("', On motion of em Turner, seconded by Cm Tirsell and by unanimous vote the minutes for the meeting of September 3, 1974, were approved, as corrected. OPEN FORUM (Complaint re Double Taxation) Alfred Santomassimo, 866 Holmes Street, stated that he has been a resident of Livermore for the past 12 years and feels there is a lot of inequity going on in the City of Livermore and a waste of the taxpayers money because there are City employees on the City payroll who are receiving $lOO a month from the Board of Education and feels this is double taxation which should be stopped. He then indicated that he knows of an item purchased by the City which it can't use and when he asked why it was purchased was told that the City can buy anything it wants in an emergency which he feels should not be tolerated. Mayor pro tempore stated that if Mr. Santomassimo has information or evidence that there is wrong doing within the City of Livermore that this information should be given to the proper authorities. Mr. Parness was asked if he would like to respond and Mr. Parness stated that these are direct inditements of some City employees on the part of a former City employee that has retired from City service. Mr. Parness added that such statements are accusatory and unless they can be well documented and proven such a state- ment may be libel according to the legal authorities. Mr. Lee explained that the generator purchased by the City which Mr. Santomassimo indicated can't be used is to be used only in times of an emergency and therefore it does sit idle at the recla- mation plant for long periods. It was used just the other day when there was an outage at the golf course and airport. It is needed and a very essential part of the reclamation plant. em Tirsell asked if the generator was an item that went out for bid and Mr. Lee replied that it was and was approved by the City Council both in the budget and at the time of purchase. CONSENT CALENDAR Report re Grade Separation Project Mr. Parness reported that with respect to the grade separation project a parcel of land has been negotiated for purchase at a cost of $2,600, in accordance with the appraised property value assigned by our agents. It is recommended that the City Council adopt a resolution authorizing execution of agreement. ~, RESOLUTION NO. l48-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Phillips Petroleum Company) CM-28-394 September 16, 1974 Res. re Curbside Mail Delivery A letter was received from the Mayors' Conference suggesting that all cities take action in opposition to the Postal Service administra- tive regulation prohibiting door delivery of mail to new subdivisions. Letters concerning this topic, announcing the opposition of the City Council, have thus far been sent to the City of Newark and our con- gressional representatives. RESOLUTION NO. 149-74 A RESOLUTION OF THE CITY OF LIVERMORE OPPOSING THE UNITED STATES POST OFFICE POLICY OF CURBSIDE MAIL DELIVERY. Report re Various Council Inquiries A written report was submitted to the Council by Mr. Lee in response to a request for information on various subjects: 1) Low pressure in the domestic water system along East Avenue; 2) The possibility of annexing East Avenue; and 3) Disposal of railroad ties. Departmental Reports Departmental reports were received from the following: Airport Activity - August Building Inspection Department - August Financial Statement - Year Ending June 30, 1974 Airport Golf Course (2) Revenue and Expenditures Mosquito Abatement District - July police Department - August Water Reclamation Plant - August Cm Turner stated the he is very happy to see that the Golf Course reports a profit of $2,000 compared to the reported $42,000 loss in June of 1973, and it was also noted that the Airport report shows a $14,000 profit vs. a $5,200 loss last year. APPROVAL OF CONSENT CALENDAR On motion of Cm Tirsell, seconded by ern Turner and by unanimous vote, the Consent Calendar was approved. REPORT RE CONTRACT ADDENDUM TO KISSELL AGREEMENT ~, The City Attorney reported that the addendum to the Kissell agreement reflects the changes accepted by the Council at the meeting of September 9, and it is recommended that a resolution authorizing execution of the agreement addendum be adopted. Cm Turner stated that on the second page of the addendum in the second paragraph it states "The City will expeditiously make and fully litigate, if necessary,---". He commented that in his opinion it would be necessary and suggested "if necessary" be omitted from the wording. L/ CM-28-395 September 16, 1974 (re Kissell Agreement) Mr. Parness indicated that change of wording might pose a problem as it is very difficult to have legal offices both in Minneapolis and Livermore review these matters. The Council has already deter- mined that it is necessary to litigate the matter. Cm Turner stated that in the same paragraph it says that the City shall be entitled to retain the bond paYment legal fees, etc. if there is a recovery and then it says, "Any remaining recovery shall be paid to Kissell.". He stated that this would be for money they expend for the bridge and wondered if the City would want to add the sentence, "any remaining recovery shall be paid to Kissell but not to exceed their actual cost". Mr. Parness indicated this is something that really goes without saying and em Tirsell commented that this is implied. Cm Futch felt it would be unlikely to get more than what we are justified in getting, from the bonding company. On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, a resolution authorizing execution of the agreement addendum was adopted. RESOLUTION NO. l50-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (The Kissell Company) REPORT RE RELOCATION ASSISTANCE - HERNANDEZ FAMILY A request has been received that relocation assistance be granted to the Hernandez family, who are renters, so as to assist them in their moving out of the City. Mr. and Mrs. Hernandez are Spanish speaking emigrants from the island of Puerto Rico, whose only income is from Social Security and SSI benefits and with the escalation of rentals, costs are prohibitive. If a speedy solution is not found it may become necessary for the City to provide low cost housing for this couple as prescribed by law. It has been requested that they be given a lump sum of $4,000 plus the in lieu moving expense of $360, in order that the Hernandez' may use the money to fly back to Puerto Rico to live. This amount represents the maximum allowable prescribed by law, except that it would be in a lump sum rather than in paYments over a four year period. It is recommended that the City Council adopt a motion authorizing the staff to work in conjunction with our relocation assistance agents to offer the maximum legal allowance to the applicant family as a lump sum paYment so that their move can be accomplished. Mayor pro tempore Futch asked if there is any assurance that the family can obtain housing in Puerto Rico and Mr. Parness replied that there was not and this would have to be at their option - this is a chance they would have to take. Carmen Garrett, representing the Hernandez family, stated that the Hernandez' only daughter has written to them indicating that they could purchase a home in Puerto Rico for $2,000-$3,000 which they could live in for the rest of their lives. '-- .- CM-28-396 September l6, 1974 (- (re Relocation Assistance - Hernandez Family) Cm Tirsell noted that a legal opinion has not been presented on this by the City Attorney and wondered how this action might affect others, and Mr. Parness replied that there are other cases that have been difficult but they are being worked out. The only question is whether or not the City government has the right to pay the lump sum amount and our attorneys have investigated and indicated that they feel the City does have this right. There is nothing in the law that specifies otherwise. Cm Tirsell moved that the Council adopt the recommendation of the staff, seconded by Cm Turner. Cm Turner stated that he would like to comment that it would appear there are no special privileges being allowed in this case and it is clear that this is necessary. The motion passed unanimously. SREPORT RE GREENS COM- MITTEE - CHARGES, DUTIES The City Manager reported that in accordance with the Council's in- structions of several months ago a revised statement of Charges, .Duties and Responsiblities for our Greens Committee has been pre- pared, reviewed and approved by the present Greens Committee member- ship. It is recommended that the Council adopt a resolution approv- ing the format for the revised Charges, Duties and Responsiblities. Cm Tirsell wondered if the two members from the Club Board of Direc- tors would mean one from Las positas and one from Springtown, and Mr. Parness reported that the membership would be comprised of five people: Three directly appointed by the City Council, one a regular player of the Springtown golf course or a member of the Springtown Men's or Women's Club and the other two could be from the Las positas Men's Club and Women's Club. Discussion followed regarding the proposed suggestions, and Cm Turner stated that he would like to talk to the Board members to determine if they would be interested in extending their term of office or continuing for another term rather than automatically appointing them for another term. Mayor pro tempore Futch stated that the intent of the Council appears to be to approve the Charges, Duties and Responsibilities as set out by the City Manager and leave the membership open for discussion at a later meeting at which time a full Council is present. Cm Turner moved that the Council accept the Charges, Duties and Responsibilities of the Livermore Golf Course Greens Committee holding, in abeyance, the actual appointment for term of office until the full Council has had the opportunity to speak with the prospective members, seconded by Cm Tirsell. c" Cm Tirsell stated that she would like it to be made clear that this action is in no way a reflection that the Council feels the present members have not done a good job and Cm Turner stated that by all means this is not the case. This is the same as when someone is asked if he would like to serve again on the Planning Commission. Motion passed unanimously. CM-28-397 September 16, 1974 RESOLUTION NO. l5l-74 A RESOLUTION ADOPTING CHARGES, DUTIES & RESPONSIBILITIES OF THE CITY OF LIVER- MORE GOLF COURSE GREENS COMMITTEE INQUIRY RE DISPOSITION OF STATE PROPERTY TAX EXEMPTION RETURN PROCEEDS An inquiry was received from the Library Board of Trustees as to the disposition of state property tax exemption return proceeds and a report was submitted by the Finance Director in response to the inquiry with the recommendation that the City Council allow the distribution of replacement revenue to the Capital Improvement Fund as per the 1974-75 Adopted Budget. The monies cannot be expended without City Council approval and the Council will have greater flexibility in determining priorities of expen- ditures if the monies are placed in the Capital Improvement Fund, adding that such action would not preclude expenditures for library purposes. Arthur Henry, Chairman for the Library Board stated that he would like to make comments relative to the report from the Finance Director who has indicated that this amount of money is additional surplus to the Library budget and Mr. Henry stated that this is not necessarily so. If they had known the revenue was available to them at the time of the preparation of their budget they may have been able to include it in their expenditures for the year. He stated that the staff makes a judgment which they feel is more of a policy decision and would like to have had the oppor- tunity to participate. He stated that had the surplus increased significantly during the year there would have been a move to re- duce the Library tax rate and they don't feel this is necessarily so. It is felt that the public supports the Library quite well and if they had had the opportunity to tell the public of plans for the additional funds, they aren't convinced that such a thing would have happened. He indicated that they are disappointed they weren't aware of the surplus and wish it had been raised before the budget was prepared. Mayor pro tempore Futch commented that he was surprised also by this action and that it should have been pointed out. Also, the same thing happened to the Park Fund. Mr. Parness commented that this discussion would imply that there was something surreptitious going on, on the part of the staff and this certainly wasn't the case. He then explained the matter of the state returns and application of the SB 90 formula. Mayor pro tempore Futch explained that he did not mean to imply that the funds are being used improperly or illegally; he would only suggest that in the future the Council be informed of the flow of funds from one area to another, and Mr. Parness indicated that this program is something new and the issue of what can and cannot be done is still cloudy. Mayor pro tempore Futch stated that the budget has been completed and approved and in his opinion it would not be proper to make any changes at this time but would suggest that the Library note needs in the way of capital expenditures to be put on the agenda for the following year and that this be reviewed at the appro- priate time along with other needs. Mr. Parness added that the City would welcome the Library input as to what they feel their capital needs are, for composition of the Capital Budget. CM-28-398 September 16, 1974 ( \ (re City Tax Returns) Cliff Marcussen stated that on behalf of the Library Board he would like to express the fine cooperation there has been between the Board and City Council and staff. He stated that he would like to say the Library has operated on the 22C budget and there has not been a need for an increase but with the increase of costs for books, periodicals and Library staff and supplies it is anticipated that there could be problems ahead if some of the revenue sharing is not reallocated to the Library fund. As the City grows there will be a need for expan- sion and the funds will be needed. If these funds are used in current operations and not prudently saved for future expansion and needs, the Library will be in trouble in a few short years. It was noted that no action is required of the Council regarding this item. REPORT RE CRIMINAL JUSTICE PLANNING BOARD The City Manager reported that the Alameda Regional Criminal Justice Planning Board has announced two vacancies to be filled by citizens- at-large and is looking for representatives from Southern Alameda County. It is hoped that some member of our valley community can be selected, especially those with Spanish surnames, for representa- tion on this Board. Mr. Parness stated that the appointment to the Board is rather important and appreciates the importance of it, hav- ing served on the Board since its inception. The Public Membership Committee would like to have names submitted and are trying to distrib- ute membership selection on the basis of geography and on the basis of nationality and sex. em Tirsell stated that she has one name in mind but this individual is interested in the time commitment and Mr. Parness replied that there is one meeting per month and in addition, several committees on which to serve and would estimate that it would entail two after- noons a month, and that travel expenses would not be reimbursed. REPORT RE NEIGHBORHOOD PLANNING UNIT STUDIES l~.'- ---// Mr. Musso explained that with regard to first priority for specific plans for Planning units Sand 9, are still before the Council and no changes have been proposed but last week the Council requested that the Air Quality Element be updated. Planning unit l2 (Portola Hills area) went back to the Planning Commission and has been bogged down because of changes by the Planning Commission. The question of land use next to the freeway has to be discussed once again and there are some diverse views on what should be allowed. The Planning Commission is now considering recommendation of a General Plan Amend- ment to take care of possible density changes and this will be an item discussed tomorrow night. It is conceivable that this will be back to the Council within a month or two, ready for adoption. Planning Units 3 and 13 (north of East Avenue) are not necessarily complex but some General Plan amendments appear to be in the offering. Planning Unit lS is nearing completion and could be set for a hearing before the Planning Commission within a month and is for the Spring- town, Greenville North area. Planning Unit 7 was listed as a high priority but was primarily to establish the future width lines on the Arroyo Mocho Channel and can be handled by possibly adopting a plan for the channels, which can be done through our Public Works Department and Zone 7. Planning Unit II (Las positas area) is the most difficult which the staff feels cannot have a different plan CM-28-399 September 16, 1974 (re Planning Units) other than what has already been envisioned and it is felt that perhaps there should first be a General Plan recommendation by the consultant - none of this area is in the City and there is no real pressure to make a decision regarding it. He stated that the momentum present during the earlier part of the year dissipated when Planning units 8, 9, and 12 were not adopted. The closer the City gets to the General Plan program, the more difficult it is to make decisions. Mayor pro tempore Futch commented that it is very important that the specific plans be presented so that SB 1301 can be used and Mr. Musso agreed indicating that Planning Units 12 and lS are probably the two most important areas for which the specific plans should be done. Cm Turner stated that it is critical the specific plans are done within the six months allowed for this purpose and would like to charge Commissioner Seldon to supply the City Council with a work- able schedule on the Planning Units, with the aid of the staff, so that the Council can be informed of the progress of the Planning Units - lead time for public hearing preparation, etc. The suggestion was concluded to be reasonable and the staff was so directed. P. C. MINUTES 9/10/74 On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the minutes for the planning Commission meeting of September 10, 1974, were noted for filing. ORD. REPEALING SEC. 27.S0 RE VARIANCE PROCEDURE On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote the ordinance repealing Section 27.80 relating to variance procedure was adopted. ORDINANCE NO. 847 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, RELATING TO ZONING, BY THE REPEAL OF SECTION 27.80, RELATING TO VIOLATION DUE TO STAFF ERROR, OF CHAPTER 27.00, RELATING TO VARI- ANCE PROCEDURE. INTRODUCTION OF ORD. RE INSULATION STANDARDS On motion of em Tirsell, seconded by Cm Turner and by unanimous vote, the amended ordinance relative to insulation standards was intro- duced and read by title only. Sec. 6.50 (d) was changed to read: "Existing Residential Building shall mean any dwelling, hotel, apartment house, motel, lodging house or other residential building which has an assessed valuation of more than three thousand dollars ($3,000) as determined by the County Assessor of the County of Alameda.". CM-28-400 September 16, 1974 MATTERS INITIATED BY THE COUNCIL (Various Items) /~ em Turner commented that the staff was going to prepare a report on the railroad project for the newspapers and Mr. Parness indica- ted that a report will soon be ready. em Turner suggested that special meetings of the Council be held on Mondays since special meetings take up another evening even though they are short meetings and Cm Futch stated that if time allows, the Council trys to plan special meetings the same evening. em Turner asked about the report regarding staffing of the Police and Fire Departments and Mr. Parness replied that this has been received and is currently in the Finance Department for evaluation. (re I-580) Cm Turner stated that he would like to have the letters that were sent to the press entered into the Council minutes for public infor- mation at the next meeting and that he be allowed to make some additional comments and perhaps the Council would like to take another vote on the matter. Mayor pro tempore Futch commented that the Council has already stated its position on I-580 and since the meeting will probably be lengthy would suggest that this matter not be discussed again. (Smog Alert) Cm Tirsell stated that she has been concerned with the problem of alerting people when the oxidant level is high and there is a smog problem in Livermore. During the past month there were quite a few smog alert days and unless you see T.V. at the end of the day you are not always aware that there has been a smog alert. There are people with various lung problems who should not be outside during the smog alert days and wondered what is being done aSA~solution to the problem of alerting people. '!:f:t> ~. Mr. Parness indicated that there could be a report for the next meeting on this matter. (Complaints re Motor Bikes in the Arroyo) Mayor pro tempore Futch stated that he has been receiving complaints about motor bikes in the arroyo and the policy of the Police Depart- ment is to give a warning the first time and that they rarely catch anyone a second time; therefore, the only thing being done is warn- ings. A couple of years ago the Police Department went out to the area on a Saturday and started giving tickets and this helped the situation significantly. f" ~- (Comments re Elimina- tion of RS-4 and RS-5 from the Ordinance) Mayor pro tempore Futch stated that there has been discussion regard- ing possible elimination of RS-4 and RS-5 from the Zoning Ordinance and since it is a matter that is going back to the Planning Commission and something he feels strongly about, he would like to make some comments relative to it. He stated that, basically, it boils down to the fact that if RS-4 and RS-5 are eliminated the highest den- CM-28-40l September 16, 1974 (re RS Zoning Ord.) sity that will remain will be three to the acre unless the City goes to higher density multiples. The majority of the Council has expressed the opinion that RS-4 and RS-5 do not provide for adequate back yards, etc. and would agree that it would not pro- vide adequate back yards; however, he would like to know what you tell the person who may be able to afford something less costly than 1/3 acre that they cannot purchase anything in their price range. In his opinion, this would be eliminating all resi- dential dwelling units and would force development of multiples for anything larger than l/3 acre. He stated that he would like to see the Council reconsider this position. Cm Tirsell commented that the Council did not really make a decision but asked the Planning Commission to look at it. Mayor pro tempore Futch stated that this is true but the minutes reflect this opinion as the majority opinion and the Planning Commission might take this as a directive. Mr. Musso replied that most of the discussion was relative to the RS-5 and in his opinion the RS-4 cannot be eliminated because there are vast areas that are so zoned and developed so they cannot really be eliminated. Mayor pro tempore Futch stated that this would be another case where regional agencies could review the policy in Livermore and say that this action is excluding the person who cannot afford l/3 acre. Cm Tirsell stated that she would be interested in Planning Commis- sion discussion of this item and that she and Cm Turner really didn't express an opinion but rather indicated that they would like to think about it. She stated that she would tend to agree that if a full range of housing is to be provided this should be reflected in the ordinance. (Shifting Agenda Items) Cm Turner commented that he feels the Councilmembers bring up rather important items at the end of the meeting in Matters Initiated by the Council and would like to suggest that this be done in the early part of the meeting so that people in the audience could be aware of some of the things that are mentioned at this time and also the press is often not present at the end of the meeting. He stated that perhaps the Council could meet at 7:30 rather than 8:00 p.m. so that this could be accomplished. Mayor pro tempore Futch indicated that this has been discussed, in the past, and he was in favor of it at that time but as he recalls the majority of the Council then was opposed to the idea. Cm Turner asked that this subject be an agenda item at the time a full Council is present. ADJOURNMENT Mayor pro tempore Futch adjourned the meeting at 9:35 to a brief executive session to discuss an plication for the office of City Attorney. APPROVE "--/- ATTEST CM-28-402 Regular Meeting of September 23, 1974 A regular meeting of the City Council of the City of Livermore was held on September 23, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:l5 p.m. with Mayor Pritchard presiding. ~ ROLL CALL Present: Cm Turner, Miller, Tirsell and Mayor Pritchard Absent: Cm Futch (Seated prior to correction of minutes) SPECIAL ITEM - PROCLAIMING SONG WEEK Mayor Pritchard read a proclamation declaring the week of October 1 thru 6, 1974, Share a Song Week, and presented the document to the Sweet Adelines representatives. After presentation of the document the Sweet Adelines sang to the Council and members of the audience. CORRECTION OF MINUTES September 9th Page 368, paragraph 1, line 6, should read as follows: existing industrial zoning on these parcels; in response to the comments made by Mrs. Odden about the damands on schools, sewers, water, and other City services which are higher for residential than for industrial; and the fact the density is already higher than it should be in that area, based on the general plan; he would recommend that we retain the industrial zoning for the Oddon and Conner property. Page 370, paragraph l, line 14, should indicate 84 units rather than 4 units. Page 373, paragraph 9, should read as follows: Cm Miller stated this is exactly the point he is making. Agreed, we cannot do that; there are obligations on Castilleja I and II that have to be treated separately and this is the point Miss Whittaker has made. However, in figuring out how the City is going to do it on Castilleja III we do have to take into account what is proposed for Castilleja I and II and what has happened to them because there is not enough land for Castilleja I, II, III, and the sale of property by the applicant. Page 374, paragraph 3, line 7, should read: there is plenty of land. The fact is, there is not plenty of land and that is what the staff calculations have very clearly indicated. The City has to be care- ful......................(on down to last line in paragraph) l.73l acres. This land cannot support all the park dedications in land and this is the point. Page 377, paragraph 8, last line should read: Plan allows 1.5 units per acre, unless this is changed. Page 389, last paragraph, 3rd line from bottom, should read: invitation to bribery................... (".- Page 362, second paragraph of Special Item, 3rd line from bottom: fertilizer and that is directly related to the problem of energy and that energy conservation is a major factor that should be considered in providing food for the world. CM-28-403 September 23, 1974 (Corrections) Page 368, second paragraph from the bottom, third line should read: as a whole, and if the Council wants an industrial strip along there should be the consideration. September l6, 1974 Page 40l, under Smog Alert, the last line should read: as to a solu- tion. . . . . . . . . . . . . . . em Futch moved that the Council approve the minutes for the meetings of September 9, and September l6, as amended and the special meetings of September l2, and September l4, 1974, seconded by Cm Tirsell. The motion passed unanimously with Cm Miller and Mayor Pritchard abstain- ing from the vote on the minutes of September 16, 1974, due to absence at that meeting. OPEN FORUM (Police Dept. Policy) Ron McNicoll, resident of Dagnino Road, stated that he would like the City Council to change a Police Department policy of stopping people without probable cause, called a field investigation. After a person is stopped their name is recorded on a card and filed in the Police Department which remains for 30-60 days. He explained that he had been asked to show his identification to police offiers when they saw him in the Granada High School parking lot speaking with another person about l:OO a.m. He was told that the officers made a check because they are concerned about kids in the parking lot late at night and also that his name would go on file. He stated that he spoke with Chief Lindgren the next day and that the Chief sees such investigation as an anti-burglery system. He has contacted the American Civil Liberties union in San Francisco and their representative feels, as does Mr. McNicoll, that this is a violation of the fourth amendment which states that the police must show probable cause in order to take action and that this "field investigation" also limits freedom to travel. em Futch stated that he would like to have a report as to the reasons a card is made up for a person simply because he has been stopped by the pOlice and obviously hasn't committed a crime. Cm Futch added that he was also stopped when he was leaving from a late meetinq. He stopped to look in his briefcase and this was the reason he appeared to be suspicious, in the opinion of the police officer. Mayor Pritchard commented that he would also like to know what constitutes probable cause to stop someone and ask for identifica- tion. REPORT RE SISTER CITY DELEGATE VISIT Dr. DeBruin, representative of the Sister City Committee and one of the delegates who recently visited Quezaltenango, reported on the visit, and discussion which took place during the visit with respect to the Student Exchange program and the Pen Pal program, as well as the prospect of radio communications for amateurs between Livermore and Quezaltenango. A reception was held in honor of the Livermore delegates and felicitations were sent to the Livermore City Council from Mayor Munoz who asked that Dr. DeBruin express their gratitude for the gift from Livermore to the Sister City. He then presented a gift of gratitude to Livermore which is a cos- tume native to Quezaltenango, shown to the Council by Maria Mendoza, one of the visiting students. CM-28-404 September 23, 1974 PUBLIC HEARING RE ASSIGNMENT OF CATEGORIES TO NORTH FRONT ROAD ANNEX NO. 1 r Mayor Pritchard opened the public hearing for testimony regarding the assignment of zoning categories to the recently annexed area known as North Front Road Annex No. l, which the Planning Commission has recommended for CS Zoning. A letter was received from Leonard T. Cain, attorney, representing Virginia Busick, property owner in the area, which indicated that the owner is interested in having the property rezoned in accordance with the recommendation of the Planning Commission. There being no public testimony, on motion of Cm Tirsell, seconded by Cm Miller and by unanimous vote, the public hearing was closed. Mr. Musso explained that the CS Zoning is for commercial services and was designed to permit the motel and restaurant type of use, primarily, but there are many uses which can be permitted in this zone with a CUP. Cm Miller moved that the Council adopt the recommendation of the Planning Commission for rezoning from OS-A to CS Zoning in addition to certifying the environmental impact report, and directing an ordinance to be prepared. The motion was seconded by Cm Futch. The Council voted unanimously to adopt the motion. P. H. RE APPLICATION OF TRI-VALLEY CAB TO ADD ADDITIONAL VEHICLE The City Manager explained that an application has been received from Tri-Valley Cab to add an additional vehicle and that the Municipal Code requires that a public hearing be held when such a request is made. It is recommended that the Council adopt a motion approving vehicular addition to Tri-Valley Cab. The Mayor opened the public hearing and no public testimony was given. On motion of Cm Tirsell, seconded by Cm Miller and by unanimous vote the public hearing was closed. On motion of Cm Tirsell, seconded by Mayor Pritchard and by unanimous vote the staff recommendation to add one vehicle was adopted. CONSENT CALENDAR Communication from H. D. Stein re Home Builders Suit r ~ ~- A letter and a $5 contribution was received from H. D. Stein in support of appeal to the Supreme Court regarding the Home Builders suit against the City regarding growth. A letter expressing our appreciation will be sent to Mr. Stein. Communication from Valley Memorial Hospital Thomas J. Andrews, administrator of Valley Memorial Hospital, has submitted a letter to the Council thanking them for their interest in the health care problems of Livermore and a list of the active and associate staff members. CM-28-405 September 23, 1974 Communication from Federal Energy Admin. A letter from the Federal Energy Administration related to plans for a new energy conservation-oriented campaign was submitted to the City Council. Cm Miller suggested that a letter be sent to the Federal Energy Administration to indicate that some of the recommendations are already being implemented by the City of Livermore. Communication from City Recreation Corporation Board Notice of the resignation of James Nordahl from the Board of Directors for the City of Livermore Recreation Corporation was submitted to the City Council and the names of Robert B. Rumberger, Anthony Peters and Alan Anderson were suggested from which a selection can be made to fill the vacancy. The staff reported that this Board represents the non-profit cor- poration for the Las positas Golf Course construction financing and the only requirement is an annual meeting. The three names proposed are active participants in golfing at the City's course and it is hoped that the Council may choose one of the three per- sons suggested. Report re Census The State Department of Finance will be conducting a census count on November 6th estimated at $16,475 which the Council previously authorized and it is recommended that a resolution be adopted authorizing execution of agreement. RESOLUTION NO. l52-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT (Department of Finance of the State of California) . Proposed Memo of Understanding re Soil Conservation The Alameda County Soil Conservation District has been providing soil data and advice and recommendations to the City of Livermore, upon referral of subdivisions and other matters. The information is provided by the professional staff and the need for this infor- mation has become more acute since the advent of the Environmental Impact Report and with respect to our General Plan review. It is recommended that the Council adopt a resolution of understandinq with the Alameda County Soil Conservation District. RESOLUTION NO. 153-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT - Memorandum of Understanding (Alameda County Soil Conservation District). Committee Minutes The minutes for the Beautification Committee meeting of August 7th and Design Review Committee meeting of September llth were noted for filing. CM-28-406 September 23, 1974 Payroll & Claims There were 194 claims in the amount of $567,283.4l and 307 payroll warrants in the amount of $80,592.97, dated September 23, 1974, approved and ordered paid by the City Manager. (' APPROVAL OF CONSENT CALENDAR On motion of Cm Miller, seconded by Cm Futch and by unanimous vote the Consent Calendar was approved with the deletion of Item 2.4 related to the bids for the parking lot lights in the area of the Police Administration Building and for 2.1 (d) related to selection of a new Board member to be discussed in an executive session. DISCUSSION RE COUNTY REFERAL RE DEVELOPMENT IN THE BUENA VISTA AREA The matter of the development for the Buena Vista area was discussed at the meeting of August 26th in which it was noted that the resid- ents are in favor of maintaining a rural atmosphere with five acre lots and are not interested in development taking place in the area. The Council directed that it be discussed again this week so that some response could be conveyed to the County Board of Supervisors. Valerie Raymond, 2368 Buena Vista, stated that she would like the City Council to support the recommendation of the County Planning Commission to rezone the area back to five acre lots with the under- standing that further development will not be allowed on septic tanks adding that, essentially, this means no more subdivisions. She stated that in talking with some of the Planning Commissioners it is her understanding that their recommendation for 2~ acre lots was based on putting in a sewer and the residents do not want a sewer put in because it would create the type of development they are against. Mr. Musso stated that when the matter was discussed several years ago the Planning Commission felt the 1 acre lots would allow the possibility of justifying expenditure for sewer and water and does not recall that they felt the 2~ acres would bring sewers. The 1 acre lots did not bring the sewer so they felt they may as well go back to the 2~ acre lots. ern Miller moved to adopt the recommendation of the County Planning Commission for rezoning back to 5 acres, that there be no more development on septic tanks, in accordance with the wishes of the majority of the property owners on Buena Vista, seconded by Cm Turner. r Cm Tirse1l stated that she would like to point out that some of the considerations of the Planning Commission were that should development on smaller lots occur they should be on a sewer system and would like the minutes and discussion to reflect this to the County Planning Commission - if they were to allow smaller lots that they should be required to hook up to a sewer and that proliferation of septic tanks in that area are not at all acceptable. The motion and second agreed to include this in the motion which passed unanimously. DISCUSSION RE TENTATIVE TRACT 3615 - CASTILLEJA DEL ARROYO, PHASE III The matter of Tentative Tract 3615 (Castilleja Del Arroyo Phase III) was postponed from the meetings of September 3 and 9, 1974 in order CM-28-407 September 23, 1974 (Castilleja III) that the park dedication requirements might be reviewed and to obtain clarification of the School District letter with respect to housing additional students. Mayor Pritchard read the letter from the School District sent to Mr. David Madis which stated that adequate housing is not available for school children in the west part of the City. Children are being transported to other parts of the City where limited space is available. As new homes become occupied it is anticipated that schools will experience some double sessions as the limited available space is used up. The two high schools are presently beyond capacity which has resulted in double sessions with extended school days and program changes. The letter indicated that additional children in the western section of the City would create an added hardship on the needs to house the children which the School District, by law, is obligated to provide. David Madis, attorney representing Mr. Gillice and the Castilleja Del Arroyo, Phase III project, commented that the letter from the School District does not directly address this project and would like the records to indicate that the agenda states "reportedly the School District will not embellish upon its letter already sent on this housing complex" and would like clarification of this sentence. He stated that it is his understanding there has been discussion between the City staff and the School District and would like to be informed as to the nature of such discussions. em Miller stated he would presume the letter was for Mr. Madis since it was addressed to him and Mr. Madis stated that the only thing he would like to identify in the Council's mind is if there is any doubt that the letter is referring specifically to this project. The Council concurred that the letter applies to the project. Mr. Musso stated that he spoke with Mr. D'Ambra from the School District who indicated that his only alternative would be no letter in responding to the request to provide a letter stating that there is adequate school housing. He stated that he could not write that kind of letter; therefore, no letter would be the alternative. The two letterS which have been received indicate a negative school situation. ern Miller stated that the requirements of our ordinance presently demand that such a letter from the School District indicating that there is adequate school space be provided before approval is given for a tentative map. In the absence of such a letter and with the presence of a letter which indicates there is not adequate space moved that the City Council deny the subdivision map, seconded by em Turner. Mayor Pritchard restated the motion to deny the subdivision map for Tract 3615 on the basis of the letter from the School District stating that the required school facilities are not available. At this time the motion passed unanimously. REPORT RE OCCUPANCY PERMIT RE CASTILLEJA III APART~mNTS The Public Works Director, Mr. Lee, explained that Mr. Madis, attorney representing the owner of the Castilleja III Apartments has applied for occupancy permits for use as apartment units, as originally planned. There are two public works items which have CM-28-408 September 23, 1974 (re Castilleja III) (' \" not been completed and the owner will put up a bond for the completion of these improvements within 60 days. These are the same items discus- sed in reference to the condominiums which are the off-site storm drainage and the chain link fence. The City has the Arroyo Lands agreement and it appears that such is in compliance with the provision~ the Council wishes completed in the agreement. Mayor Pritchard asked if the City generally accepts bonds for such improvements and Mr. Lee explained that there have been times when something has not been completed and if the Council is satisfied with the amount and type of bond and that reasonable progress has been made, developments have been accepted with provision of a reason- able bond. Cm Miller stated that, on the other hand, the City is not obligated to do this and can make the requirement that the provisions be accom- plished before occupancy permits are allowed. Mr. Lee agreed that this is an option, and another option would be a cash bond with a right-of-entry to do the work that the bond covers. Mr. Madis stated that at the request of Public Works all of the requirements have been met and the improvements to be completed have been estimated at $3,000-$3,SOO and Mr. Lee has requested that a bond be provided at double this amount to be on the safe side and such has been done. They now feel that occupancy should be granted. em Miller stated that in view of the problems the City has encountered with respect to the Castilleja projects he feels uneasy about the question of bonds and would move that occupancy be permitted subject to the satisfaction of all of the requirements first and that the City not accept bonds - that the City expects the work to be done before the occupancy permits are granted. Once the work is done occupancy permits will be granted for apartments. The motion was seconded by Cm Tirsell. Mr. Madis stated that a lot has been said about the integrity of the City of Livermore and a lot of it has been without reason and without cause but believes that someone dealing with the City of Livermore should be entitled to rely upon the City staff. The staff has set out requirements and these have been met. It looks very bad for the Council to overrule its own staff which is operating in their normal routine way. Mayor Pritchard remarked that in his opJ.nJ.on Mr. Madis has misread the situation in that the staff hasn't said everything has been accomplished and occupancy permits would be given. l Mr. Lee commented that if the Council will notice, he did not make a firm recommendation in his letter to the Council and Cm Turner suggested that a firm recommendation be made by Mr. Lee. Mr. Lee replied that he would be comfortable with recommending that if the Council wants to allow occupancy permits that the bond be adequate _ the present bond is not - and that there be a time limit. The bond should be in the amount of $7,000. He stated that he was not sure how the Council would feel about allowing the permits if the work was not done and a bond provided instead, and was the reason he did not recommend that the Council do this. Also, there were other items such as inspection by the Fire Department and Building Department that need to be completed and any approval would be subject to meeting all these requirements. Cm Turner stated that he would like to know if Mr. Lee would be satisfied that the City could collect on the bond, if the bond is sufficient and with a time limit if the developer defaults and Mr. Lee replied, yes, in time; however, it is very difficult to collect on a bond and necessitates a long drawn out procedure. CM-28-409 September 23, 1974 (re Castilleja III) Mr. Lee stated that, frankly, he would be more comfortable with the provision of a cash bond and that as long as the City is assured they can get on the site there should be no problem. The City's only concern is that the improvements are done. Mr. Madis protested by saying that he has letters from the City saying that if a $7,000 bond is posted and that such and such is done, occupancy permits will be granted; now Mr. Lee is saying that he has never promised this. He continued to say that normally occupancy is granted by the staff and it is not a matter that comes before the Council and the only reason this is before the Council is because of the fact that it concerns Castilleja. Mayor Pritchard commented that there have been problems with Cas- tilleja and for this reason the matter is being handled in a manner other than normal procedure. Mr. Lee was asked if such a letter was written and Mr. Lee indi- cated that he does not recall the exact wording but did try to convey the fact that the staff would be satisfied if there were proper assurances that the work would be done and as he recalls he did tell Mr. Madis that this would be a matter that would have to be reviewed by the Council because of the Arroyo Lands Agreement and the condominium proposal paralleling this request and because of the mixups which have transpired related to Castilleja, and that he would not consider taking care of it at the staff level. Mr. Madis was also told that the bond would have to have a com- pletion date and the bond does not have such a date. He apologized if Mr. Madis misunderstood but he does not recall indicating that the matter would be taken care of at the staff level. Mr. Madis stated that the bond does have a completion date; it incorporates the terms and conditions of the City's requirement directly into the bond. It says, "in accordance with the require- ments of the City Engineer". Mayor Pritchard stated that based on the information the Council has, he would vote for the motion; however, an accusation has been made that a staff member has written one thing and denied by the staff member and he would like to have the opportunity to see the letters sent to Mr. Madis and to get to the bottom of the matter. Mr. Madis has accused the Council of taking action that makes it look bad because the staff is saying one thing and the Council is saying another and finds it disturbing when an attor- ney accuses the Council of something that mayor may not be true and the Council has no way of knowing. He stated that he is not prepared to vote on the motion until he has seen the letters. Mr. Madis stated that if the Council wishes, the matter may be continued until later in the meeting at which time he will pro- duce the letters from the staff. ern Miller stated that if Mayor Pritchard wishes to review the letters first, this is fine; however, it makes no difference to him and he is ready to vote on the motion at this time. He added that he agrees this matter has been complex. Mayor Pritchard stated that he is not questioning that it hasn't been complex or difficult but if the staff has made a statement in a letter to an applicant he would like to see it. em Futch stated that he also would like to see the letter but it will not influence his vote on the motion. He stated that his reason for favoring the motion is because $3,000 worth of improve- ments are at stake; he does not want to risk the complications of a law suit with everything involved and the matter is already too complex. CM-28-4l0 September 23, 1974 (Castilleja III) ern Turner stated that he is not going to vote for the motion because in his opinion a bond with a completion date is sufficient and feels this is what Mr. Lee is suggesting and is adequate. (' \, Cm Futch moved the question and the motion passed 3-2 with Cm Turner and Mayor Pritchard dissenting. em Miller asked if the occupancy permits are for an apartment project and Mr. Madis stated that the City and he have been to court over Project I and there is no doubt in his mind but that they will go "right back" for Project II. Cm Miller stated that occupancy permits are for an apartment project because a condominium subdivision map has not been approved and it seems that the City should provide some surveillance over what happens at Castilleja III, in case there is some attempt at sales because such is a violation of the Subdivision Map Act. Mr. Musso indicated that the developer has received a white paper from the state authorizing selling of the units. Lots have been recorded, and the developer has a real estate report from the State Division of Real Estate and there is nothing stopping him from legally selling the lots. Mr. Parness stated that with the Council's permission he will inform all the title companies of the City's official position and that the property is not to be sold because there is no subdivision map. Miss Whittaker explained that there is a notice on file with the County Recorder, that he has not complied with the Subdivision Map Act on this condominium subdivision and it is her understanding that this was the reason he came in with any kind of map at all; however she stated that she does not know this to be a fact. REPORT RE PROPOSED ZOo ORD. AMEND. RE CN DISTRICT A continued discussion of the proposed zoning ordinance amendments related to the CN District was scheduled for discussion and postponed from a public hearing held on August 26th. Mayor Pritchard commented that the matter is not urgent and would entertain a motion to continue. Cm Futch suggested that the matter be continued to the end of the meeting with which the Council concurred. APPEAL FROM LIVERMORE GARDEN APARTMENTS RE SCHOOL DISTRICT SPACE CERTIFICATION ( \ The City Manager reported that the Livermore Garden Apartments are planned for development under a federal mortgage subsidy program for moderate income housing and the City Council has authorized reservation of building permits for the project. The new develop- ment firm contends that the project will exceed economic feasibility if school fees are paid in addition to all the other fees in order to receive a certification statement from the School District. Robert HirsCh, 15233 Ventura Boulevard, Sherman Oaks; and 450 San Antonio Road, Palo Alto (office addresses), commented that their firm has built and operated quite a number of projects in the Bay Area CM-28-4ll September 23, 1974 (re Garden Apartments - HUD - School Dist. Fees) of the apartment development nature. The proposed HUD-236 project has been funded and the commitment should be out in two weeks. The time period, beyond that, to get it to the point of construction is only a matter of preparing a final closing document, securing a build- ing permit from the City and arranging the date with the legal office in San Francisco for the initial closing of the project loan. He noted that the fee to the School District is a requirement of $800 per unit and would mean a $76,800 fee for their 96 unit project and that various City fees for the project amount to over $200,000 which is required to be paid before they can obtain a building permit. They are willing and able to pay the fees and they have met with the staff and plan to obtain their building permit within the next few weeks. They would request a waiver of the requirement to receive a clearance from the School District. He met with Mr. Croce who explained that if the fee to the School District is not paid they will not receive a clearance letter and if the fee is paid they will receive the letter. Mr. Hirsch has received a negative letter which indicates that facilities cannot be provided for students unless the fee is paid. Mr. Hirsch explained that he has contacted the State Superintendent of Schools and was told that providing for students is the obligation of the School District and that if the housing project necessitates housing additional students, the School District will provide for them. Mr. Hirsch stated that the only instances in which a clearance letter is required is when a map is recorded and there is a condominium or single family homes; they are doing neither. Never in the history of their development have they been required to obtain a clearance letter from a School District. The former City Attorney and the present acting City Attorney have both expressed the validity of the City's present ordinance and the developers do not wish to pay legal fees to go to court on the issue but plan to do so if the fee is imposed. Mayor Pritchard stated that he would assume Mr. Hirsch is referring to the project, specifically, and not challenging the validity of the ordinance with respect to fees for the School District and Mr. Hirsch indicated that this is correct - never in their history have they ever been required to pay School District fees in the case of an apartment. Mr. Hirsch stated that theis type of project normally receives a 90% government loan and the sponsors put in the other 10% equity capital. In this particular case they are getting an 83% loan because of the various City fees. He explained that they were required to do the complete design of the arroyo channel from Vasco Road to Charlotte Way for which they paid a local engineering firm over $lO,OOO. They were also required to improve the adjacent neighbor's property to Charlotte Way, with Susan Lane. He has to put in a street, and pay for it, across someone else's property. He was required to purchase over l~ acres of another person's property across the channel and improve their property, which is part of the arroyo channel, to Zone 7 standards. None of these costs just mentioned are part of the $200,000 in fees to the City. This type of housing is badly needed in the City of Livermore and they would urge that the City allow a waiver of the School District fees and if they can not receive the waiver and subsequently would have to pay the fees they will be forced to abandon the project despite the fact it is extremely needed. Mayor Pritchard asked Miss Whittaker what the school letter ordi- nance refers to and she explained that this is a portion of the Subdivision Map Ordinance and is one of the requirements imposed on subdivision maps. This project, of course, is not a subdivision project and the City does not impose the fee - the School District imposes the fee. All the City requires is the letter from the School District and further explained that it is her understanding that when this firm came to the City asking that they be allowed CM-28-4l2 September 23, 1974 (re Garden Apartments - Request School Fee Waiver) ( building permits and exemption from the building freeze at that time, the City imposed the requirement of the letter from the School District. She stated that she has seen nothing in writing with respect to such an agreement and since the City now has, in the wording of the ordi- nance, an exemption from it for these people, it may be difficult to contend that this was in the ordinance in return for a promise that they would get a letter from the School District. Mayor Pritchard stated that he would like to point out that the City in no way imposes any type of school connection fee on any developer in the City and does not mean to imply that Mr. Hirsch said it does. The City's requirement is a letter from the School District stating that the school housing facilities are available. Mr. Hirsch stated that he has a letter from the City staff which includes the school fee in the total compilation of fees and it says, "as per agreement". He stated that he has no agreement to pay the School District anything but was told by the staff that he would need a clearance letter. Cm Miller stated that when Mr. Hirsch's predecessor came to the City he was on the City Council and there was discussion regarding reserv- ing building permits for construction of anything over four units, and the moratorium which was adopted because of water and the General Plan, did not allow apartment projects larger than four units. At that time there was a request that the City reserve 97 building permits because this was a low income housing project. Those on the Council at that time obtained an agreement from the predecessors of the firm that they would get the school letter and that it would be a low income housing project and that satisfaction to the City Attorney and City Council would be provided that it would be, in fact, a low income housing project prior to the issuance of any building permits. Consequently, in the initial stages of the project and before anything was begun, it was agreed by the predecessors that they would get the school clearance letter. He stated that he is sure the Council would not have voted for exemption from the moratorium, in view of the shortage of facilities and the necessity for such a letter from the school, if they had known that the successors would come back and say that they do not want to provide the school letter. The School District imposes a fee and provides space for the children from the project by taking the fee to purchase portables in which these children can be housed. This was one of the City's concerns _ there were crowded conditions at that time and it could be predicted that schools would be crowded thereafter. This was the reason the predecessors were asked to provide the school clearance letter and was clearly understood by everyone at the time. He stated that he can understand the problems the firm is having and that there are many expenses but the City's agreement with those to whom Mr. Hirsch is the successor, was that the school clearance letter would be pro- vided and that the documents would demonstrate, to the satisfaction of the City, that this is, in fact, a low income project and would remain so and would be presented prior to issuance of building permits. Those were the requirements, and on those conditions only, an exemption was made and the 97 permits reserved for the project. ( \ \, Mr. Hirsch stated that Cm Miller is absolutely correct. In research- ing the matter the firm did find that such an incident did occur, just as described by Cm Miller, about two years ago; however when Mr. Hirsch took over he was not informed as to this agreement. He stated that he is not sure he would be before the Council appealing it if all the other numbers hadn't increased SUbstantially. He can not increase his loan and yet the construction costs have reached an all time record high. Even the City fees have gone up rather dramatically since March of this year by some $40,000-$50,000. CM-28-4l3 ..-----..------.--- .. -- ..--- ... ...u.'____._...n.______..._.__.___._.._...._,_ September 23, 1974 (re Garden Apartments - Request School Fee Waiver) unfortunately, Mr. Lee recently indicated that he thought something of the nature described by Cm Miller did occur and in checking back through the minutes it was discovered that Mr. Kline had made a comment about paying the school fees at the time he requested an exemption from the building moratorium. Mr. Hirsch stated that Mr. Kline was not a developer but rather a representative of the company. On the other hand he (Mr. Hirsch) is a partner and developer and can 0 only appeal on the basis that this is not a subdivision, it is not being developed for condominium or single family purposes for which a letter would be required and explained that they, frankly, cannot absorb the School District fees. He has a certain amount of money invested in the project and would certainly like to see it go ahead. It is the last F.H.A. commitment that has not been started in the San Francisco office and the program is dead; therefore, there is a great deal of SYmpathy in seeing it get started. He pointed out that this is a private organization and they were profit motivated at one point but is not sure this is still the case but at least he would like to be able to recover, and urged that the Council grant the requested waiver. Cm Tirsell stated that she would like to explain that because of their unique position of providing subsidized housing she feels that the City would indeed be remiss if it didn't insure that there would be school facilities for these children. An exception was made because it was to be for low income residences and in her opinion this makes it even more important that the schools are adequate for those children. The City would do them a great disservice to provide them housing but no schooling. She stated that she can very much appreciate the problem Mr. Hirsch has but could point to anyone trying to develop at this time and observe that it is very difficult because of the financial constraints for Mr. Hirsch as well as the City. She stated that with the escalation of costs it is very difficult to go out to bid and receive one before costs have escalated during the interim, and can SYmpathize with Mr. Hirsch's position. However, from her point of view, particularly because of the type of project HUD-236 is, it would be very necessary to see that there are school facilities for these children prior to granting the building permits even though she does recognize the constraints involved. Cm Turner stated that he lives in the area in which the proposed housing may take place and that his children attend the school in the area and wondered if this constitutes a conflict of interest and if he should abstain from discussion and vote. It was noted that he lives at least 1/4 mile away and therefore would not have a conflict of interest. Mr. Hirsch stated that he would like to make one last comment and that is that he met with the Livermore valley Joint Unified School District on June 18, 1974 and since this meeting has been informed that they can accommodate the school children. They have generation factors for the average apartment unit children which are less than some of the Council may think, and they can accommodate the children right now if the development was on schedule. However, they will not give the clearance letter unless the fees are paid and somehow the logic of this whole matter is disturbing. If he doesn't pay the fees he will not get a clearance letter, even though they can accom- modate the children, and he added that he is sorry but he finds this very hard to accept. It would seem that this is an unfair burden for them. ~ Cm Miller stated that he cannot speak for the School District but the comment made about what the School District has said regarding taking care of the children, because they are required to do so by law, is true; however they do not do it adequately and the adequacy is the key condition of the clearance letter. For every child that goes to school, from the unit, there is one on double session. This means that everyone is hurt - there is not adequate space. CM-28-4l4 September 23, 1974 ~ (re Garden Apartments - Request School Fee Waiver) Cm Miller stated that although he cannot speak for the School District he is sure that this is the sense in which the School District or Mr. Croce said that the children would be served. There has been a sub- stantial public insistance on adequacy of school space and the reason the Council requires the letter from the School District. Mayor Pritchard stated that he feels the point that has to be made is that there was agreement by the previous owner and an oral commitment in exchange for the release from the building permit moratorium. Mr. Hirsch stated that he is aware of this and perhaps his appeal should be a release of this condition, and Mayor Pritchard stated that this is true everyone agrees that this is the point. Cm Miller moved that the City Council deny the request for the waiver of the clearance letter from the Livermore Valley Unified School Dis- trict. He stated that he does sympathize with the problem Mr. Hirsch faces but the issue of the amount of school space is very important and was one of the key conditions for reservation of the building per- mits for this project. Cm Tirsell seconded the motion and added that she would like to point out to Mr. Hirsch that any discussion regarding the money the School District is requesting should rightfully take place with the School District Board. Ray Faltings, 1018 Via Granada, stated that he was at the School Board meeting at the time Mr. Hirsch appeared before them and would suggest that the Council carefully read their minutes which indi- cate that Mr. Hirsch's predecessor came before them earlier and it was for that reason that they would ask for the $800/unit donation rather than the current $850/unit donation which reflects part of the inflationary increase that has taken place since 1972. At this time the motion passed unanimously. Cm Tirsell suggested that the City Attorney be directed to contact the School District with respect to the action which has taken place tonight in case they are contacted by Mr. Hirsch, with which the Council concurred. RECESS Mayor Pritchard called for a brief recess after which the meeting resumed with all members of the Council present. REPORT RE SO. PACIFIC INDUSTRIAL PARK PUBLIC WORKS IMPROVEMENTS ~ Mr. Parness explained that Southern Development Company has come with a special appeal for the formation of an assessment district for the installation of a major industrial park in our City which has been in the planning stage for at least two years. The area is comprised of about l58 acres with frontage on Vasco Road, located south of I-580. There is not enough capital flow to finance these types of installations and other means of financing are being sought. Several cities have allowed these types of improvements to be instal- led by virtue of an assessment district and our City has done this on previous occassions; however, not with respect to industrial proper- ties. The condition to the formation of an assessment district would be that ,Southern Pacific Development would be the singular property ownership subject to assessment although the Sears Roebuck Company CM-28-4l5 .'. . -'--~----_'_--.._--._-.,._-,._._-......_--_..,..-,._",- -' ..-.. "--"-.. -"'--~~--""--".'-""'--"'-' ... "-~....' ~'"--" -..~., ,,,. September 23, 1974 (So. Pacific Co. Pub. Works Improve.) property would be incorporated because they would benefit and has agreed, previously, to share the improvements of the abutting roadway. There would be no other private properties incorporated within the bounds of the district and S. P. Company would agree to a cornrnit- tment that any time in the future there is a default in assessment district payments, because the land will be sold to industrial owners, contractually would sustain those losses to the City. Also, the City would expect to have an administration fee attached to the assessment district proceedings for a cost the City would have to bear for the term of it. He added that the City vitally needs a marketable type of industrial property and this is the way we are going to get it and would urge the City Council to indi- cate its favor of allowing an assessment district for these improve- ments. Cm Miller asked how the money will be raised for the assessment district and Mr. Parness replied that it will be raised by the levy of bonds as an obligation against the company. The company would not pay the debt, as property owners are entitled to do once the assessment is established, but rather bonds would be levied and sold by competitive bidding. When asked by Cm Miller as to what kind of bonds would be sold Mr. Parness explained that he does not know what the official title might be but it would be an assessment district bond - an indebtedness of the property for fulfillment of the loan for the improvements. ern Miller stated that what he is getting at is that there are at least three kinds of assessment districts, all of which have differing kinds of bonds. One of the kinds of bonds requires backup by the City - if there is default the City taxpayers be- come liable and wondered if this is the kind being proposed. Mr. Parness stated that this is one of the bonding acts that is highly favored by both the bond counsel and the bond market, just because they are marketable now and the others are probably not. This is a 19l5 Improvement Act bond that we have used for the downtown district. The point the Council should keep in mind is the likelihood of default in the satisfaction of the annual debt and in this case it is highly likely that the value of the land, following improvements, will probably be three times or more, what the debt will be amassed by the land; therefore it is very unlikely that there would ever be a default. In addition, the Southern Pacific Development Company is willing to commit itself, contractually to the City, to stand by the initial assess- ment district bond obligation through its life. Cm Miller stated that the reason he raises the question is because he is willing to have the City's taxing power stand behind assess- ment districts which are public projects but is becoming increas- ingly concerned about using the City's taxing power for any other kinds of essentially private assessment districts, of which this is one. He stated that he would agree that it is important to try to get a marketable industrial property but is concerned about the principle of the City providing its powers for the benefit of private parties. particularly, when it involves a backup by the taxpayers. That point has been raised in connection with the railroad project and he doesn't agree in that case because it is a public project and he is willing to back a public project. He stated that this is a purely private project and he feels this is really not the City's business. The fact the City is protected by an agreement with Southern Pacific Development Company, assuming Southern Pacific CM-28-4l6 September 23, 1974 (So. Pacific Co. Pub. Works Improvements) survives the vicissitudes of the bond's life, helps make it easier but still he stated that he feels concern about the matter. -', Cm Futch stated that up until tonight he really wasn't aware of what the liabilities were or all of the aspects of the financing and would be reluctant to vote for it under those conditions and isn't sure he would change his mind even if he knew all the details. He stated that he knows they have been explained but would really like to look at them in writing and review them. He would be inter- ested in the liabilities of the City, the cost to the City, etc. ~- ( Mr. Parness replied that this can certainly be done and the appre- hension expressed by Cm Futch and Miller is well-founded, but he would disagree with the philosophical point of this being a private venture. He stated that in a sense it is private but would like to consider it quasi-public in nature. Many feel that there is a vital need for the community to expand industrial bases - we just do not have anything marketable now and for this reason if there is anything the City government can do to aid and abet in that enterprise, cer- tainly is of a public nature. However, the point is well taken _ that the faith and credit of the City is extended through this kind of financing by pledging that an amount up to 10~ can be imposed, by City Council action, in the event of a debt default. In talking with bond attorneys it has been noted that there are very few instan- ces in which there is ever default and this type of assessment district bond has been used since 1915. More importantly, with a contractual obligation of such a reputible firm behind it which would guarantee that no default would be shared by the City, this apprehension can be waived. If the Council wishes, however, he will try to get more of an explanation from a bond attorney as to what the obligation is, past what has been explained. Cm Futch stated that he would like to know how the Southern Pacific Development Company could guarantee that no default would be shared by the City and Mr. Parness replied that these details have not been worked out but would assume that there would be an agreement. He commented that possibly he is putting words in their mouth but they did readily accept the prospects of executing an agreement with the City which, in essence, would say that at any time, through the matur- ing life of the bond, if there is default in payment of principal and interest by a segregated ownership, then it would become the obligation of Southern Pacific Development Company to pay this to the City. Mr. Parness stated that he asked our bond attorney about this and he indicated that there is no reason this should not be a proper contractual arrangement with the assessment district formula- tor. Cm Tirsell asked, in the event there is a default and the Council has to rely on the taxing power of the City, does the City take over property ownership rights? Is there any collateral on the property? (' \ The Assistant City Attorney commented that as she understands the 1915 Act, in the event of a delinquinuency there is a sale of property and under the law the City is required to purchase the property. If it has insufficient funds to do so then it can levy an additional tax up to lO~ on the dollar for this purpose. The City then becomes the owner of the property and until such time as it can find another buyer or until the original owner regains it from the sale, the City has to come up with each year's annual amount. Under the 1915 Act a delinquency does not accelerate all the remaining payments; there- fore, if the City could find another buyer, which presumably would not be difficult in the case of industrial property, then that buyer CM-28-4l7 -'--'---_._-"-"~-_....~._.._"_.~..,'"--,,.,.._..-.,.,.~ -'--.. -"" -~.."_._~'-'-'"_.._--"..,'-,--_...,-_...._..._~.,--_.. September 23, 1974 (So. Pacific Co. Pub. Works Improvements) would have the responsibility of making each subsequent year's paYment. until the City did find a buyer, however, it would be responsible for each year's paYment as it came due. Mr. Parness added that the probable value of the land following the improvements approximates ten times, in value, what the asses- ment rate would be, per acre. Cm Turner stated that he is not uncomfortable with the proposal, because of the value of the land, but would like to see the agree- ment and have the City Attorney review it before taking action. Mr. Parness stated that all that is being asked is whether or not the City Council is favorably inclined to the use of assessment districts for the installation of public works improvements. If it is, the details can be prepared by use of the 19l5 Act or the 1911 Act, wherein the faith and credit of the City is not pledged. Cm Tirsell stated that she really can understand Cm Miller's concern but would like to see a way the tax base of the community could be balanced and can see some major advantages in having this property developed. She stated that she would like to see the City Attorney's office comment on any contracts or anything of this nature prior to approving a specific agreement. The District Manager of Southern Pacific Development Company, ,Mr. D. S. Gibson, stated that the estimated improvements increased from $750,000 to over a million dollars and they feel it is not unreasonable to ask for an assessment district. This type of procedure is used in Sacramento and San Jose and he has seen in their papers that they have taken a new attitude to industrial tracts. He stated that their company has never seen one default and the property is worth many times more than the assessment and without the aid of the assessment district they can not spend this amount of money because of the economy. With the assessment district they would probably start with the improvements next week. He stated that they feel they are a member of the City by making property available for industry, such as Sears Roebuck Company and two prospec- tive buyers who are anxious to buy lO and 20 acres of land on Vasco Road. They cannot sell their property to these people; however, until the public works have been put in and conditions of the map act have been met. In his opinion there is no chance of loss by the City. Cm Futch moved that this item be continued for two weeks and to request that the City Manager give the details in writing describ- ing the assessment district and for the City Attorney to look at this proposal from the standpoint of the City's liability and requir- ed contracts that would protect the City, seconded by Cm Turner which passed unanimously. Cm Futch commented that the Council has worked very hard to get industry in Livermore and development of this land and that the Council will review the matter very carefully. Mayor Pritchard remarked that he was willing to go along with the concept and felt the details could have been worked out. REPORT RE PROPOSED LAND LEASE - AIRPORT INDUS- TRIAL PROPERTY The City Manager reported that a local developer firm has been seeking CM-2S-41S September 23, 1974 (Report re Proposed Land Lease - Airport Industrial Property) ~ ( a lease tenant to occupy the property owned by the City at the inter- section of Kittyhawk Road and Airway Boulevard (airport industrial property) and that a tenant is quite interested in occupying approxi- mately two acres of property for use as a bowling alley and appur- tenant facilities. The applicant would like to display plans and renderings of the proposed development and to obtain an indication as to whether or not the Council would approve this type of land use. If the Council has no objection to the proposed land use the matter should be referred to the staff for preparation of lease docu- ments. It was noted that the matter did not go to the Planning Commission and Mr. Parness explained that this matter came before the Council many months ago and that at that time the Council was not in favor of the proposed use at the intersection suggested but would con- sider the use in some other area and asked that the applicant prepare something more in the way of site plans and renderings and come back to the Council with the proposal for discussion at a later date. They have done this and in the interim have spent many hours trying to locate a lessee, which Mr. Parness added is no simple task. They have located one and the firm they have obtained is very substantial, and extremely anxious to occupy the property located at the corner of Airway Boulevard and Kittyhawk Road. Mr. Parness stated that this is the corner located right at the turn going toward the Water Reclamation plant. Mayor Pritchard stated that it is his understanding that this use is a permitted use in that zone and Mr. Parness stated that it is permitted with a conditional use permit issuance and that the land is currently zoned ID. Mr. Parness explained that the applicant cannot proceed further because of the amount of cost involved unless he knows whether or not the City Council would express favor or disfavor of the proposal. Cm Turner stated that in his opinion this land will probably remain vacant and as far as the use proposed he feels it is a good use and will provide an income for the City and emploYment for valley residents and will give some additional, badly needed, recreational facilities. On the surface, he would be very much in favor of it. Cm Futch stated that he was on the Council at the time the matter was first brought up and was opposed to the location previously suggested but this location does not seem to be detrimental as far as he is concerned. Possibly there would be hopes for some light industrial use but there is so much of this type of land available that he feels this would be a reasonable use in this particular loca- tion. r' MCm Miller stated that he would agree the City could use another bowling alley and we certainly need more recreation but is not sure this is the right location for it. He felt a bowling alley should be closer to the population center rather than out in that area, and would like to have an opinion from the Planning Commission as to whether this would be the right place for this use. Mayor Pritchard stated that this use is going to require a CUP so it will begin with the Planning Commission anyway, so there is no question there. The applicant wants to know if the Council would be in favor of allowing the use but comments from the Council should not be misconstrued as giving approval. CM-28-419 September 23, 1974 (re proposed Land Lease - Airport Industrial property) Mayor Pritchard added that he would agree with the comments made by Cm Futch and Tirsell about being in favor of allowing the use. Cm Tirsell stated that the airport area has central valley service to it and there have been letters to the editor about service and this area has good access from the freeway. It would seem that there should be something said about the public works that would be required on Kittyhawk Road. Mr. Lee explained that this would require widening of Kittyhawk Road, essentially, and that there is another matter which has to be considered which is the relationship of this site and the pro- posed use, to the runway clear zone. Cm Tirsell wondered if the matter could be referred to the Planning Commission with specific questions as far as populated use, etc. She then moved to refer the matter to the Planning Commission to consider the use of the property as far as adjacent to an airport runway. Mr. Parness explained that the matter would have to be referred to the Airport Land Use Commission but they could not rule it out; this is an option left to the City Council. They could recommend against it, depending on whether or not it encroaches on the airport usage. The applicant really would like to know whether or not the Council is opposed, just on the surface. If it is opposed in the vicinity of the airport they will drop the project. Cm Miller stated that it would appear that four of the Councilmem- bers are willing to consider the project, in principle, sending it to the Planning Commission with the understanding that on the sur- face it appears to be acceptable. Cm Tirsell's motion was amended by her to add that it also be refer- red to the Airport Land Use Commission, seconded by Cm Turner and passed unanimously. Gerald Eschen stated that they have been working on the project for 18 months and it has been with the Planning Department for about three weeks and he would like to have comments if they have comments, at this time, and also would like to know more about the widening of Kittyhawk Road that would be required as a con- dition of obtaining a CUP. He explained that there is a huge outlay of money for equipment for such a project and he would like to know how everyone feels about it as soon as possible. REPORT RE ACTIVITIES AT EAST AVENUE SHOP- PING CENTER RESTAURANT/BAR The staff reported that at the time the restaurant/bar facility was installed in the Louis Shopping Center there was a complaint from one of the neighbors regarding liquor being served in the bar without food and the staff was asked to monitor the situation and report back to the City Council in six months. A written report from the staff indicated that there was no sign indicating that food service was available in the cocktail lounge, there was access from the bar to the restauruant and a sign above the access between the lounge and restaurant indicating that alcoholic beverages could not be taken into the restaurant area. There was no waitress on duty in the cocktail lounge area and the bartender commented that a waitress is on duty only during the lunch hour. CM-28-420 September 23, 1974 (Shopping Center Bar) Mayor Pritchard stated that the City appears to have a common ordi- nary bar in the middle of a neighborhood shopping center, which the ordinance does not allow and personally feels it should be abated. r Cm Miller stated that he agrees with the Mayor in that it is a viola- tion of the condition by which it was approved and perhaps it would be worthwhile to ask the Planning Director and the City Attorney to meet with the owner pointing out the things which need to be done in order to comply with the ordinance and Mayor Pritchard commented that this is exactly what took place the last time there was a complaint and the City is right back where it started. ~The owners know what is required - they have seen it in writing and have discussed it with the staff and further discussion will be to no avail. They may cooperate for two or three weeks and then return to their noncon- forming manner of conducting business. Cm Miller felt it might be a good idea to ask the City Attorney what mechanism is required for abatement of the use and Miss Whittaker stated that this would probably similar to other violations of the City ordinances in that the Planning Department would prepare the necessary information for the District Attorney. Cm Tirsell stated she would like to know the difference between this bar and that allowed in the Granada Shopping Center called the Twi- light Zone and Mr. Musso explained that the Twilight Zone was allowed because of a staff error in issuing a business license allowing conduct of business and was allowed without approval by virtue of a business license and not a use permit. Mayor Pritchard explained that at one time there had been an applica- tion for a bar in the Louis Shopping Center and the whole neighborhood turned out in protest against it and it was turned down and Mr. Musso commented that it originally went in under the guise of a restaurant and it wasn't until the building was completed that it was discovered it was a separate operation from the restaurant. Cm Tirsell stated that she has trouble coming to a decision when there are two other shopping centers that have a bar and Cm Miller stated that one was allowed by staff error and the other was built with plans other than those approved and the City didn't require them to tear the building down. This does not mean that a third bar should be allowed because of two mistakes. em Miller moved to direct the Planning Department and City Attorney to work together in putting something together for presentation to the District Attorney, seconded by Cm Futch. em Turner stated that he was not on the Council at the time this matter came before it, does not know all the facts concerning the issue and is not prepared to vote on it at this time. Cm Miller pointed out that, at best, the District Attorney would issue a citation and what we want is compliance with our ordinance. Cm Miller moved that the matter be continued for two weeks, seconded by Cm Futch, which passed unanimously. (\ \ REPORT RE PUBLIC SAFETY PERSONNEL NEEDS Cm Turner requested a staff report indicating the present and fore- casted personnel additions for our public safety services in order to consider the feasibility of a tax override for public approval for financial support. A written report was submitted to the Coun- cil regarding a study conducted by the Police and Fire Chiefs and the City's Finance Director. CM-28-42l September 23, 1974 (re Safety Personnel) The report indicated that the Police Department needs 2l uniformed officers and 6 additional staff people and that the Fire Department needs 27 uniformed people and 1 clerical person, which would neces- sitate a 23~9 tax override increase for 1975-76 and increasing even higher in the five subsequent years. This would mean an additional budgeted cost requirement of $329,300 for 1975-76 and $1,145,500 increase in 1980-81 - total cost increase over a five year period would be $4,391,300. Cm Turner stated that he realizes there is a lot of money involved in providing adequate personnel but Livermore may be facing a poten- tial problem and it has been pointed out by the two Chiefs that the departments are operating without sufficient personnel. He stated that he is aware of the fact that there is not money available within the General fund of the City and that the report probably reflects the maximum manpower desired but in his opinion the people of Liver- more should have the opportunity to indicate whether or not they want the manpower for these services increased. Cm Tirse1l stated that she appreciated receiving the report but would hate to go to the people at this time, with the economy the way it is, and say that we are in desperate need of tax money for police and fire personnel and would have to feel that the City is in a state of emergency before she would approve using this as a tax override. Cm Miller stated that he hasn't concluded as to whether or not this should be used as a tax override because there are other jurisdictions that are going to come to the public for money also, such as the pro- posed school bond. It is difficult to determine where the priorities are when money is being squeezed and he hasn't yet decided which comes first. If there is going to be an override it has to be decided in the near future if it is going to appear on the March ballot and he would like to have time to think about it in relationship to other items that are going to appear on the ballot and would like to know also what increase the Council would suggest - 309, 589, or what? Cm Turner commented that he feels, in reading the report, that there is a real need but also would like the opportunity to again review the report and reflect upon it prior to coming to a decision. Cm Tirsell commented that before putting it on the ballot as a tax override she would like to make sure it has been justified in every way because people do not always judge an override or request for more money in terms of whether or not it is necessary but rather that more money will be taken from their pockets. She would like to be able to say there is no other way that the City can provide adequate protection for you other than this and even then the voter must make a priority decision. She stated that she, her- self, is a mother with children in crowded schools which is a con- cern to her and for her own family there are other concerns that appear to be greater. Cm Miller stated that if the Council intends to put something such as this on the ballot it should discuss it at least two weeks prior to the deadline date, that the staff check to see what the other jurisdictions have in mind in the way of bond issues for the March ballot and that all members in favor of placing something on the ballot, submit suggestions for the ballot for review by the entire Council prior to making a decision. Cm Tirsell pointed out that there are other departments in the City that are of service to the community as well as the emergency service departments and Mr. Parness replied that this is a very good point. He would subscribe to everything reported by the Fire and Police Chief but if the Council would like to have an appeal for needs there would be similar reports from every other depart- ment within the City of Livermore. CM-28-422 September 23, 1974 (re Safety Personnel) Cm Miller stated that there are about 50 types of taxes that the City can impose and wondered if there is a special type that can be imposed for fire and police so that the City does not have to borrow against the dollar on the General fund rate and Mr. Parness indicated that there is none that he knows of. The staff was directed to find out the appropriate date for discussion of this item and for the staff to assemble information that might be helpful in discussing and deciding as to whether the tax override for this item will go on the March ballot. REPORT RE SMOG ALERTS em Tirsell requested that an investigation be conducted on the feasi- bility of using our emergency services electronic siren system to declare smog alert days. Unfortunately, our siren system coverage is completely inadequate for this purpose and the technicians feel there would be confusion over its use for other than emergency needs. One alternate method of indicating a smog alert day could be to require that a small distinguishable flag or banner be posted on the flag staff of all public buildings and flag poles during such days. Cm Tirsell stated that she has spoken with Dick Piepenberg of PT&T who has indicated that there could be a line to City Hall with a recording giving meteorological information that people could obtain by dialing a certain number and could be provided for a very reason- able amount of money. It was mentioned that there is a toll free number available at present that people could use. Cm Miller suggested that at the beginning of the next smog season the garbage man could distribute the telephone number along with the garbage notice and the City Clerk noted that the Water Company will also do something of this nature as a public service. Cm Tirsell stated that if the toll free number is to be used she would like to see that it is in our local directory. Mr. Parness stated that he would be happy to contact the garbage company and the water service people to see what they would be willing to do as a public service. Cm Futch stated that he would be interested in knowing if the smog information would be specific enough for our particular area by using the toll free number and if not, a special line and tape recorder would not be very expensive to provide up-to-date informa- tion regarding Livermore, for our citizens. Cm Tirsell also suggested enlisting the aid of our local radio stations in alerting people and that the School District and LARPD also help alert people on smog days, as well as the local newspapers, and she stated that she would like to see the City reserve a special block in the newspaper for this information. / Cm Miller stated that those critics of City policy should keep in mind that the reason there are smog alerts and people are concerned about it is because smog makes people sick and we have lots of smog here and the reasons for it are very well known. The object of public agencies and newspapers which are supposed to be public spirited, hopefully, would take into account the actions taken in preventing that smog from getting worse. ~ CM-28-423 September 23, 1974 REPORT RE DELEGATE APPOINTMENT TO LEAGUE The eity Manager reported that the by-laws established an execu- tive committee composed of one member from each of the 27 cities located within the jurisdiction and recommended adoption of a mo- tion appointing one Councilmember as delegate and one eouncilmember as alternate delegate to the East Bay Division of the League of California Cities. em Tirsell stated that she feels Councilmember Turner would be an excellent member of the committee and already knows some of the representatives and also has offered to be the delegate with enthusiasm and would like move that he be selected for the job, seconded by em Miller which passed unanimously. Cm Tirsell volunteered to be the alternate delegate to the East Bay Division of the League of California Cities with which the Council concurred. REPORT RE TRAFFIC SIGNAL BIDS FOR SIGNALS AT CONeANNON BLVD. & HOLMES ST. A report regarding the bids received for the installation of traffic signal poles for the corner of Holmes Street and Con- cannon Boulevard was submitted to the Council with the recom- mendation that the Council adopt a motion authorizing bid award to the Singer Company for the controller unit and the Econolite Company for the poles due to low bid on these items. Cm Miller stated that at the risk of being offensive he would like to see what the traffic signals look like and Mr. Lee stated that he is sorry, he should have anticipated this request but the de- sign is being done to the Division of Highways specifications and is being done by them. Cm Miller stated that he does not wish to authorize any bids until he sees the design and Mr. Lee stated that he could give the Council a report if they wish but this will mean a two week delay and the majority of the Council expressed opposition to further delay. Mr. Lee stated that he believes they are the Cobra type units and not the downtown variety. Cm Turner asked if a performance bond is involved and Mr. Lee stated that there is not but the City will not pay the companies until delivery has been made. There is not a performance contract involved but rather a materials contract and they will not be paid until they deliver the materials. Cm Futch moved to adopt the recommendation to authorize the bids, seconded by Cm Tirsell and passed unanimously. (Cm Miller's vote was with great reluctance). REPORT RE PROGRESS REPORT RE SPECIFIC PLANS FOR GENERAL PLAN The Director of Planning submitted a progress report of the prepara- tion of specific plans for the General Plan and no discussion or action took place regarding this item. CM-28-424 I September 23, 1974 DISCUSSION RE AGENDA FORMAT ~ Cm Turner stated that the reason he would like to suggest that the Matters Initiated by the Staff and Councilmembers be discussed at the big inning of the meeting and that the Council meeting start at 7:30 is because everyone is tired at the end of the meeting, but more importantly, because many of the items that are brought up are very important and are discussed during a time people from the community have left the meeting. There are times that the people from the press leave before the meeting ends because of deadlines to meet and that they and other people might be interested in many of these items. He then moved that the Council meeting begin at 7:30 p.m. with the first items on the agenda being the approval of the minutes and then the matters initiated by Council and staff, seconded by Mayor Pritchard. Cm Turner stated that he would like to withdraw the motion until there has been discussion. Mayor Pritchard stated that he wanted to do this five years ago but the Council at that time did not wish to change the meeting time and would like to vote for the motion with the amendment that the meeting begin at 7:30 and adjourn at ll:OO p.m. He stated that the meeting begins to deteriorate after this hour and will be glad to start meeting at 7:30; however, there is no reason to begin at this time if the meeting is going to run until 1:00 a.m. Mr. Musso stated that the reason this type of thing has worked with the Planning Commission is because there is no additional discussion when they get to the point of adjournment - they begin earlier and end earlier than in the past. Cm Miller stated that he does not arrive home until 6:00 p.m. and there is not enough time to eat and have some time before a lengthy meeting if he is required to be at a 7:30 meeting. Cm Futch agreed that he would like to have the opportunity to discuss some of the important things brought up at the end of the meeting earlier in the agenda but also would agree that 7:30 would be too early for his schedule. em Tirsell stated that often she is still on the telephone at 7:30 and feels that it would be very difficult to get to the meeting by 7:30 p.m. Cm Miller suggested that possibly the agenda could be changed to allow these items earlier in the meeting. Mayor Pritchard felt it would a good idea to show Matters Initiated by the Council and staff directly after the Consent Calendar and the Councilmembers concluded that they would like to try this arrangement and so directed the staff. ORD. RE ENERGY CONSERVATION ',------- ' '&I! Turner stated that with respect to the energy conserva.t. ion ordi- na~ he is not~ sure that it'~'W.iJ..l accomplish conservation of energy and a~oes not ~'l~~. the id~a ~'''J.m:eosing addit"ional ~ees..<iuring ~he tiIn~ ~~nge 7n ~f.~~h1.p and fot"t:hese reasons '11.11 not. vote 1.n favor of the "'GXd1.nance ." --- /-~ On motion of Cm Miller, seconded by Cm Futch and by 4-l vote (Cm Turner dissenting) the ordinance related to energy conservation and insulation of homes was adopted. CM-28-425 em. Turner stated that with respect to the energy conservation ordi- nance relative to the attic fan portion, testimony submitted to date does not convince him that it will accomplish significant conservation of energy and is opposed to additional fees during the time of change of ownership for real property and for those reasons will not vote in favor of the ordinance. ,1/. fA L,. (;,f~" ~ ./G{ji': (it' jC , '~ v: ~ r . .1 II It I'~rl !\,iUI74- v ( " I September 23, 1974 ORDINANCE NO. 848 AN ORDINANCE AMENDING CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVEID10RE CITY CODE, 1959, BY THE ADDITION OF A NEW ARTICLE, ARTICLE X, RELATING TO ENERGY CONSERVATION. ORD. RE TRAINS BLOeKING INTERSECTIONS Cm Miller asked for an explanation as to why there is to be an intro- duction of an ordinance relative to trains blocking intersections and the Assistant City Attorney explained that the PUC has handed down a decision which goes into effect November lst. It states that it is a statewide concern regulating the length of time trains can stop at crossings and as a general rule, no more than 10 minutes, giving District Attorneys power to enforce this and what public officers can do to get the train to move before the 10 minutes is up, if necessary. She added that the District Attorney would not enforce our ordinance in light of the PUC decision. On motion of Cm Miller, seconded by Cm Turner and by unanimous vote the ordinance related to trains blocking intersections was introduced and read by title only. URGENCY ORD. RE VETERAN'S DAY On motion of Cm Miller, seconded by Cm Turner and by a 4-l vote (Mayor Pritchard dissenting) the ordinance reflecting a change in observance of Veteran's Day was adopted, to conform to statewide practice. ORDINANCE NO. 849 AN URGENCY ORDINANCE AMENDING SECTION 2.3.1, RELATING TO OFFICIAL CITY HOLIDAYS, OF ARTI- CLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 2, RELATING TO ADMINSTRATION, OF THE LIVERMORE CITY CODE, 1959. URGENCY ORD. RE MOTOR VEHICLES & HOLIDAY TRAFFIC On motion of Cm Miller, seconded by Cm Turner and by a 4-1 vote (Mayor Pritchard dissenting) an urgency ordinance related to motor vehicles and traffic reflecting the Veteran's Day change was adopted. ORDINANCE NO. 850 AN URGENCY ORDINANCE AMENDING SECTION 13.1 RELATING TO DEFINITIONS, OF ARTICLE I, RELAT- ING TO GENERAL PROVISIONS, OF CHAPTER 13, RE- LATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959, BY THE AMENDMENT OF THE DEFINITION OF HOLIDAYS. Report re Bids for Police Admn. Bldg. Parking Lot Lights (Consent Calendar) The Director of Public Works recommended that the Council authorize solicitation of bids for lights for the northerly parking lot of the Police Administration building and Cm Miller suggested that the matter be referred to the Design Review Committee for a report ~ CM-28-426 September 23, 1974 (Parking Lot Lights) ~', prior to authorizing the staff to ask for bids for lights, and Cm Turner suggested that rather than spending an estimated $6,000 for parking lot lights perhaps lights could be mounted on the police building which could shine into the parking lot and would be a cost of about $300. \ Mr. Lee explained that this simply would not light the area adequately enough and what they are asking is a continuation of lights already chosen by the architect of the building and will be compatible with the building. Cm Miller moved that the matter be referred to the Design Review Committee with the notation that they consider the possibility of lights on the building or on the ground, seconded by Cm Turner and passed unanimously. CONTINUATION OF DISCUS- SION RE CN DIST. AMEND. On motion of Cm Futch, seconded by Cm Turner and by unanimous vote the discussion regarding the amendments to the Zoning Ordinance related to eN District was postponed until the meeting of October 7th. REMARKS CONCERNING SCHOOL FEE - LIVERMORE GARDENS (HUD DEVELOP.) Mr. Hirsch, representative of the builders of the HUD-236 project stated that there are two different issues at hand and read the only motion that appeared in the minutes on March 5th which indicated that approval of the project would be given if there would be suffi- cient water available. He stated there was discussion regarding the school fee but there was no motion made relative to this discussion. He then read portions of the minutes dealing with the matter and urged the Council to furnish the building permits without his having to produce a writ of mandate for the permits. Cm Miller stated that prior to doing anything all the background discussion from all the minutes would have to be reviewed and Mr. Hirsch stated that this is all he would ask - for the Council to weigh the issue, as it was presented, and as to what the motion actually was. He stated that his understanding would be that if there is no longer a moratorium with respect to availability of water that they wouldn't come under the applicable action of March 5, 1973, and Cm Miller stated that this may be the case after March 1975, when the moratorium expires. /1~e staff was asked to place the matter on the agenda and to furnish the eouncilmembers with all previous eouncil minutes pertaining to the item. ~' Mr. Hirsch indicated that the official City form showing all applica- ble fees shows a school fee of $800/unit and Cm Miller stated that this also includes Zone 7 fees and other fees which are non-City organizations but are defined so as to inform a builder what fees WOU~d b=- impose,~' _ '..J1 -.I- . . ~--ud '-?!d ~A.--' ~~. /-<.-L-'rP:t/ ~lv,{.,~~~~- .-u Z.e ~.MATTERS INITIATED ~-~ IL-t-LLc- t:..:A'...,~--I!-~ ~ ,:. _, -rr<~.~ /'"'' -r- BY THE STAFF .~Lt/.Z/ ~J_ ~~-d:." ~. ~ W-<~~ ~ Le-"'--<P'<-V-~~' ,z,...;::t:;!"'-"".~.:~ (ilighway Sign at /I, ~/ J..:.., 'a.L"- ''Yr/7~. r/ Golf Course) ~~ ~-~. L';r Mr. Lee stated that'he has a copy of the highway sign to be located at the golf course and would like some direction as to the legend CM-28-427 September 23, 1974 (Golf Course Sign) to be put on it and Mayor Pritchard stated that he would like this item to appear as an agenda item for discussion and consideration. Cm Tirsell moved to select the sign illustrating a golfer and an airplane, seconded by Cm Turner, which was defeated 2-3 (Cm Futch, Miller and Mayor Pritchard dissenting) . Cm Futch stated that he ha~en in favor of removing the previous sign at the golf cours~~~ ~~ ~ selection has to be made he would vote for the sign illustrating the golfer and airplane and asked that he be allowed to reverse his previous vote and the previous motion carried 3-2 (Cm Miller and Mayor Pritchard dissenting). *Jr.4:#~~hak/p/- ~~j (Requ~f;~; ~ ~~ /~ Agreements vs. Verbal) -~~--~ / The Assistant City Attorney stated that she would like to ask that the Council obtain things in writing rather than conducting busi- ness orally because it is becoming very difficult to handle many problems because of the traditional verbal communication with people. She stated that the matter of the Livermore Gardens is a perfect example of not getting things in writing and because one cannot remember conversations that have taken place two years ago. (Removal of Houses on North Livermore Ave.) Mr. Parness stated there are five houses located on North Livermore Avenue that must be cleared and in order to do this there must be a notice for the bidding, the award date, a hearing on the house moving by the Planning Commission and then the move must be com- pleted. The earliest possible time appears to be about the 21st of November and this might be too late because the subcontractor can come in at any time and remove the houses. There are two local people who are interested in doing the job and the staff would like to receive some direction as to whether the City should go through the process mentioned and allow these people to bid on the job or whether the subcontractor should be allowed to remove them as he is required to do by contract. Mr. Parness stated that the staff would recommend that the subcontractor be allowed to take care of the matter with some arrangement with the two local parties, if possible, rather than to go through the formal procedure. He pointed out that if the City goes through the process it would probably realize only a few hundred dollars but if the subcontract- or handles it the money would go to him (the value of the homes). em Miller stated that the value probably isn't very much and the hassle appears to be quite a lot and would suggest letting the subcontractor handle the relocation. The Assistant City Attorney, Miss Whittaker, stated that it is true the subcontractor has to take care of removing the houses and clearing the loti however, in her opinion any money the con- tractor might receive from the profit of the sale of the homes would constitute a gift of our public property. Cm Miller stated he is not willing to give away public money so it would appear the City must go through the hassle. Mr. Parness stated that in his opinion it is illogical to assume that there may be nominal worth in the properties that the subcon- tractor is obligated to tear down and even though the subcontractor might be able to sell them to someone it might be construed as a gift of public moneys so for this reason they are required to be torn down. CM-28-428 September 23, 1974 (Removal of Houses) Mr. Lee stated that if the City goes through the procedure of adver- tising the homes for sale it can get into bad public relations be- cause they can be awarded to someone and the subcontractor can come in to tear them down and the eity will have no control over this. ~, ~Vhat if he takes the plumbing fixtures out of the house and sells them? Is this a gift of public funds? He has every right to do this. The Assistant City Attorney stated that she would agree with the comment made by ~lr. Lee and is sure that every contractor who bid on it did so with the realization that certain things could be removed and sold and that the rest could be carted off in a demolished statei however, it is not standard procedure for a contractor to assume that someone would want to come along and buy the house. This means that this particular contractor is going to be getting extra money because the City is going to allow him to sell the houses to someone else and if there is money to be made from such a sale, the eity is entitled to the house and this money should come to the eity. em Turner stated that he would have to disagree with the opinion of Miss Whittaker, in this case, because once someone agrees to remove the homes and the City agrees to this, he then assumes ownership of the homes and they become personal property rather than real property, and he can do what he chooses to do with his personal property. The Council concluded that the terms of the contract should be followed and that the eity would not become involved in the bidding procedure for the sale of the homes. (Air Pollution Control Study) Mr. Parness noted that the Air Pollution Control study has been completed and will be presented to the Council at the next meeting. (Portola Crosswalk) Cm Turner stated that he has been contacted by Mrs. Hartley regarding the Portola School crosswalk and has gone to the school to see what the problems are and moved that the crosswalk be established directly across the street from the main entrance to the school and pointed out the area in which he would like to see a crosswalk established. It was noted that the matter is not pressing and Cm Futch stated that he does not recall the discussion which took place approximately a year ago and would like it to go on the agenda for discussion. On motion of Cm Turner, seconded by em Miller and by a 4-1 vote, (Cm Pritchard dissenting because he would like to vote tonight) the matter was postponed until October l5th. (Apartments at Enos Way & portola Avenue) (~ em Turner stated that he observed that the apartments located at Enos Way and Portola Avenue are vacant looking with many weeds and that children were playing around them and felt this may be dangerous. Mr. Lee stated that he has been contacted by the o~~er of the apartments who is trying to get them cleared and noted that they owe the City about $8,000 for the improvements and he is trying to get this taken care of so that he can get occupancy. He indicated that he will follow this up and report back to the Council. CM-28-429 September 23, 1974 (Cars Parked on Lillian St. near Apartments) em Turner stated that there are apartments near Lillian Street and that the cars are parked on both sides of the street which creates a very narrow path for moving traffic in the area of a curve on Lillian Street. He pointed out that supposedly there is sufficient parking inside the apartment parking area and that most of the time it is empty and would like the City to consider "no parking" in that area to help alleviate the situation. Mr. Lee indicated that a study has just been completed as the re- sult of other complaints about the parking but there have been no accidents even though the traffic is rather heavy in that area. Cm Turner stated that one day a child is going to be hit or there is going to be an accident because it is in a blind area and motorists cannot see very well and Mr. Lee stated that he would look into it and report back to the Council. (Traffic on East Ave.) em Turner stated that he keeps receiving calls from people who are very angry that something can't be done about the speed limit on East Avenue. He stated there is no other place in town where a 45 mph speed limit is allowed in an area where school children are walking. Cm Miller suggested that the people calling should be asked to harrass the County Supervisors so that something will be done. The City has done everything possible to get the speed limit reduced and to no avail. Cm Tirsell stated that there was a similar problem on Arroyo Road and that Bill Millard wrote and wrote to the County and finally got the speed limit reduced to 35 mph. (Castilleja Funds) Cm Miller stated that in the memorandum received earlier it was pointed out that on one portion of Castilleja I the dedi- cation was contributed in cash in the amount of $6,634 but found its way into the Storm Drain Fund and should have been transferred to the Park Fund. This money belongs to the Park Fund and should be transferred and after some discussion it was concluded that a report should be submitted by the Finance Director relative to transfer of the funds. (Castilleja Projects) Cm Miller stated that in the memorandum received from the City Attorney relative to Castilleja I, II, and III, it appears that there are 1.24 acres due to the eity which Gillice claims they do not have to put in the 44.479 acres. If this is their claim, they have not paid their park dedication fees and the City needs to institute a law suit to recover the cash value of 1.24 acres. Miss Whittaker stated that this is another example of where not writing things down gets everyone into trouble. The City got 44.479 acres from Castilleja III and no one knows for sure what the 44.479 acres represents. This amount might include 1.24 acres of park dedication for Castilleja I, and again, it might not. She stated that this did not come up earlier because the subdivision map was rejected on another ground, and it is up to the Council to decide as to whether or not the 1.24 acres is included. If the Council does want it in there, it can, and then Castilleja III will owe the City something like 1.76l acres for park dedication. If the 1.24 CM-28-430 September 23, 1974 (re Castilleja Projects) is not included the City should make a demand on them for it, and Castilleja III will only owe .521 acres. Cm Miller suggested that this be discussed as an agenda item and it was concluded that this could be discussed on October 15th. (Reappointment of Planning Commissioner) Mayor Pritchard stated that Glen Dahlbacka has been reappointed to the Planning Commission by the City Council for a full term and on motion of em Miller, seconded by em Tirsell and by unanimous vote, the resolution appointing Dr. Dahlbacka was adopted. RESOLUTION NO. l54-74 APPOINTMENT OF MEMBER TO THE PLANNING eOMMISSION (re Investigation Form) Mayor Pritchard stated that there is a complaint form being used by the Police Department which indicates that the person making the complaint agrees that the complaint will be investigated but if the investigation proves the allegations to be false that this person may be libel to criminal and civil prosecution and in some cases may be asked to submit to a polygraph examination, as part of the investigation. He stated that if this is the case there will never be anything said about any policeman at any time, if this is being used, and asked that Mr. Parness look into the matter. (Response to I-580 eouncil Position) Mayor Pritchard stated that he received a telephone call from Michael Kane in response to the letters written about the Council position regarding widening of I-580, who works in the office of Counsel on Environmental Quality and has written a letter to Benjamen Davis with the Department of Transportation, which Mayor Pritchard read to the eouncil. The letter from the City of Liver- more regarding its position was also included in his letter sent to the Department of Transportation with the suggestion made by Mr. Kane to consider the proposal for six lanes. ADJOURNMENT Mayor Pritchard adjourned the meeting at 12:20 p.m. to an executive session to discuss the appointment of a City Attorney and pending appointments to committees, commissions and boards. ~~~ yor ~ C~ APPROVE ~" ATTEST L t elerk e, California CM-28-43l Special Meeting - October 7, 1974 A special meeting of the City Council was called by Mayor Pritchard and convened at 7:00 p.m. on Monday, October 7, 1974, in the Muni- cipal Court Chambers, 39 South Livermore Avenue. The purpose of the meeting was: Executive session to consider appointments to various boards, commissions and committees. Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard Absent: None Adjournment The meeting ATTEST adjOU~~ Mayor -~- APPROVE '''~---- CM28-432 Regular Meeting of October 7, 1974 A regular meeting of the City Council of the City of Livermore was held on October 7, 1974, 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 eALL 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. PROCLAM~TION - NATIONAL FIRE PREVENTION WEEK Mayor Pritchard read a proclamation in recognition of National Fire Prevention Week and honoring those who have made sacrifices in fight- ing fires and in honor of Livermore's 100 years of service. CORRECTION OF ~INUTES September 23, 1974 Page 428, paragraph 3, should read as follows: Cm Futch stated that he had not been in favor of removing the previ- ous sign at the golf course but that the Council majority had decided otherwise; therefore, since a selection has to be made he would vote for the sign illustrating the golfer........etc. Page 425, first paragraph under Ord. re Energy Conservation, should read: Cm Turner stated that with respect to the energy conservation ordinance, relative to the attic fan portion, testimony submitted to date does not convince him that it will accomplish significant conservation of energy and is opposed to additional fees during the time of change of ownership for real property and for these reasons will not vote in favor of the ordinance. Page 427, under the item relative to the school fee, Cm Turner stated that he would like to insert the comment made by him during the meet- ing: That we should not offer any additional testimony until such time as the Council has had opportunity to review previous testimony on this item. APPROVAL OF MINUTES On motion of Cm Miller, seconded by Cm Tirsell and by unanimous vote the minutes for the meeting of September 23, 1974, were approved as corrected. ~ OPEN FORUM (Presentation of Art Festival Purchases) Gloria Taylor, representative of the Livermore Cultural Arts Council presented the City Council with the two purchase awards from Festi- val '74. She also thanked the eouncilmembers, Police Department and LARPD for their cooperation and help in making Festival '74 a success. CM-29-l October 7, 1974 (Art Festival Purchases) em Miller stated that he would like to thank the Cultural Arts people for having put on such a wonderful 2~ day festival and party that is not possible to surpass and stated that he, for one, really appreciat- ed attending the festival. Mayor Pritchard agreed that he feels everyone had a lot of fun this year at the festival. (Petition re Cruising) Nancy Rohn, student, presented a petition signed by l27 people which was related to cruising as a type of entertainment for young people. The petition was read by Nancy which indicated that the LPD gives tickets to teenagers driving cars and ignores violations made by adult drivers. There is little recreation available in the City of Livermore for young people and there is little dragging and no destruction of property and they feel it is unfair for the police to clear downtown Livermore. Mayor Pritchard advised that there may be discussion on this item later in the meeting. (Concannon Blvd. & Holmes St.) Jan Brown, ll5l Farmington Way, stated that the corner of Holmes Street and Concannon Boulevard is a very dangerous intersection and that she and her neighbors are particularly concerned because their children cross Holmes Street at this intersection to go to school and return home via this route. She stated that the fact the inter- section is particularly dangerous was brought to light when her son was hit by an automobile and fortunately her child was not seriously hurt. She asked if they must take the chance that a child will be hurt before the lights are installed? She suggested that due to the circumstances concerning this intersection the people of the area would like to request that there be a crossing guard posted there until the lights are installed. Cm Futch stated that despite repeated efforts on the part of the City of Livermore to get lights installed at that intersection, for the past 2~ years, the state has just recently given permis- sion to install the lights and the last he has heard the lights will not be installed until sometime next year. He stated that he feels this is much too long to wait and it will be at the end of another school year before the lights will be operating, and MOVED THAT THE CITY APPROVE A eROSSING GUARD AT THE LOCATION UN- TIL SUCH TIME AS TRAFFIC LIGHTS ARE INSTALLED, SECONDED BY CM. MILLER. Cm Turner indicated that he was very surprised to hear that the installation will be delayed and understood that they were to begin this month and Cm Tirsell stated that she thought they would be starting by November 1st. Mr. Lee reported that Cm Futch is correct, there has been one delay after the other, relative to this intersection and the staff is very upset about the delay. He stated that just recently the staff has been notified of another delay because the state does not want to go for bid until the eity has the poles and control- lers in hand. The City maintains that this is not what was agreed to and a letter has been prepared expressing this view, and urging the state to go out to bid this month or next month. CM-29-2 October 7, 1974 (Concannon Blvd. & Holmes) Cm Futch suggested that the City also point out that a boy was hit by an automobile while trying to cross the intersection and that this information be conveyed by telephone conversation. Mr. Lee stated that with the type of appeal the staff is going to make they usually follow it up with a telephone call and this will be done. He added that the staff is very disheartened by the delays that have occurred relative to this intersection and that construc- tion of the lights will take place as soon as possible. The City Manager explained that there may be some limitations with respect to placing a crossing guard at this intersection because it is a state highway and the staff will check into this. Cm Turner noted that there should be a sign or flashing light or something to indicate to motorists traveling north on Holmes Street that there will be children crossing ahead, around the bend in the road because cars travel very fast on Holmes Street. Mr. Lee stated that the only sign present indicates that there is an intersection ahead but further signing has not been provided because the lights were to be installed and a flashing signal in conjunction with such construction. He stated that if it is observed that additional devices are needed he is sure it could be installed. AT THIS TIME THE MOTION APPROVING A CROSSING GUARD AT THE INTERSEC- TION PASSED BY UNANIMOUS VOTE. CONSENT CALENDAR Report re Deficiency List - Castilleja III A report was submitted by the Public Works Director relative to eastilleja III with the recommendation that the City Council approve the list of deficiencies. Cm Miller stated that in his opinion it should be the regular policy of the City not to allow occupancy permits until all the work has been done and MOVED THA.T THE eITY COUNCIL APPROVE THE PUBLIC WORKS DEFICIENCY LIST AND THAT TIlE WORDING OF THE BUILDING DEPARTMENT AND FIRE DEPARTMENT LIST BE CHANGED TO READ THAT OCCUPANCY PERMITS WILL NOT BE ISSUED UNTIL ALL THE WORK IS ABSOLUTELY COMPLETE. Mr. Lee stated that there are occasions for which exceptions have been made and if this is to be the policy it will eliminate some of the latitude the staff now has. Cm Miller stated that in his opinion there should be no exceptions and there have been cases in which the work was not properly donei the staff has the option of bringing a special matter to the attention of the Council if they feel an exception should be made. AFTER BRIEF DISCUSSION THE MOTION WAS SECONDED BY C~ TIRSELL AND PASSED BY UNANIMOUS VOTE. (' \ '- REPORT RE PERSONNEL RULE MODIFICATION A report regarding modification of Article IX, Section 4, of the Personnel Rules and Regulations was presented to the eouncil infor- ming the Council of a sentence to be added related to a Department Head or Division Head notifying an employee who has been by-passed for a promotion and a recommendation made that the eouncil authorize the addition was adopted. CM-29-3 ----.-....--- ."- _._~._"------_._.._._~,..--,.,',...,_....,- October 7, 1974 Exotic Animal Permits The Director of Finance submitted a written report to the Council relative to a license fee for exotic animals, recommending that the Council adopt a resolution approving a fee of $lO.OO for permits valid up to and including six months and $20 for permits valid for 7 to 12 months with a $5 penalty for delinquent permit renewals. Cm Turner stated that he would rather see a fee of $4 imposed because most animals are owned by children and often they must pay the license fee for the animal but Mr. Parness stated that children, most likely, would not own exotic animals. Paul Tull asked the definition of an exotic animal and it was ex- plained that the description is spelled out in the ordinance which was adopted over a year ago and that he would have to refer to the ordinance. RESOLUTION NO. l55-74 A RESOLUTION PROVIDING FOR ANNUAL FEE FOR KEEPING EXOTIC ANIMALS, PLUS AN ADDI- TIONAL FEE FOR DELINQUENT PERMIT RENEWALS. Report re Personnel Job Description Change - Library Clerk The City Personnel Officer reported that he is in the process of reviewing all clerical classifications for the City of Livermore and would suggest that there be a change in the requirements for Library Clerk classification. At present this job requires a min- imum typing speed of 30 w.p.m. in addition to two years of college and six months of library experience in a related position. It is recommended that the typing requirement and college requirement be eliminated from the description. em Futch wondered how someone can get started in a position if six months experience is required and Mr. Parness explained that there are a myriad of tasks that can be counted as experience for the job. Cm Tirsell wondered if one has to have been paid for library exper- ience, noting that many women staff the school libraries as volun- teers and Mr. Parness indicated that this type of experience would suffice. Cm Turner suggested that the wording state six months of library experience or related experience rather than in a related posi- tion because in his opinion this would mean the same type of position would have had to be done by someone and this would close the door to anyone with no experience at all. It was concluded that the recommendation would be approved. Report re Public Employee Program 1974-75 Fiscal Year The City Manager reported that the Public Employee Program ex- tends federal financing from July l, 1974 to March 3l, 1975 and financing from March 3l to June 30, 1975, will be done by means of another program - Comprehensive Employee Training Act. This program has allowed us to employ eight persons who supple- ment our maintnenace forces and are valuable additions to our staff. It is recommended that a resolution be adopted authoriz- ing execution of the agreement. /-~, eM-29-4 October 7, 1974 (Public Employee Program) RESOLUTION NO. 156-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE~1ENT (County of Alameda) ~ Report re Grade Separation Status A status report regarding the Southern Pacific railroad relocation project was submitted by the City Manager for informational purposes with no action by the Council required. Paul Tull stated that he has heard various estimates of land involved in the railroad relocation project and wanted to know how much acre- age is involved and to whom it belongs and was advised to check with Mr. Lee for this information. The eity ~anager reoorted that he has provided a memorandum related to the industrial lease, requested by the lending institution, which certifies that a lease is in effect on property owned by the eity and on which is being built an industrial structure. This is the leased acreage on Airway Boulevard, and the Hayor was authorized to sign the certification. Report re City Industrial Lease (Eschen) The City's insurance carrier has recommended that a resolution be adopted denying the claim of Michael Sprague. Resolution Denying Claim RESOLUTION NO. 157-74 A RESOLUTION DENYING THE CLAP1 OF ,l'1ICHAEL SPRAGUE Status Report - Airport Master Plan & Land Use The Council received a copy of the status report for the Airport Master Plan and Land Use Study and Mayor Pritchard asked if the eouncil could receive a copy of the minutes of September 17th. Mr. Lee explained that the report summarizes the action taken at this meeting and that there were no minutes recorded for the meeting. Resignation/Beautifica- tion eommittee - Cody Notice of the resignation of Timothy J. Cody from the Beautification Committee was presented to the City Council. A letter of apprecia- tion will be sent to Mr. Cody. r: .. ./ Request for Use of Old Police Building A representative of the eivil Air Patrol has requested use of the old Police building for meetings and the City Manager reported that a recent inspection by a federal O.S.H.A. inspector reveals that the structure should not be occupied for any public use and recom- mended that the City Council deny the request for use of the building. eH-29-5 ---~- - - --"-._-'--~_..__...,^_.._----_.._"-- october 7, 1974 Committee Minutes Minutes were received from the following: Housing Authority - July 16th and August 20th Design Review Committee - October 2nd Airport Advisory Committee - September 9th Industrial Advisory Board - September 25th payroll & elaims There were 85 claims in the amount of $l06,724.84 and 295 payroll warrants in the amount of $85,585.99 for a total of $192,310.83, dated 9/27/74 approved and ordered paid by the Director of Finance. APPROVAL OF CONSENT CALENDAR ON MOTION OF C~1 MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE THE CONSENT CALENDAR WAS APPROVED. ITEM 2.6 RELATIVE TO DE- FICIENCY LIST AND OCCUPANCY PERMITS WAS DISCUSSED AND VOTED ON FIRST. MATTERS INITIATED BY THE COUNCIL (Crosswinds Restaurant Fire Exit) Cm Turner stated that he believes he saw dead-bolt locks on the emergency exit at the Crosswinds Restaurant and would assume that such would be in violation of the fire code and asked that there be a staff report on this matter. (Pioneer Lines) Cm Turner stated that he had been contacted by a Mrs. Wagner in the springtown area who is concerned about the fact that the pioneer Lines commuter service to the labs is not receiving much response in the way of people wanting rides to work, and in the letter to the editor asked what happened to the 500 enthu- siastic people who indicated they would be willing to support the service. He stated that he would hope people will start using the service. (Increasing Bike Fee) Cm Turner suggested that perhaps there could be an increase of the bicycle registration fee to help pay for the cost of expand- ing the bicycle trail and maybe a fee of $5 would be better. em Tirsell commented that some families have 4-5 children and this would be very expensive for them and the City is trying to encourage people to ride their bicycles and to make it ex- pensive to license bicycles might not be helpful in the way of encouragement. (Los Altos Park) Cm Miller stated it is his understanding the plans for Los Altos park have been in City Hall for some time. According to the agree- ment worked out with LARPD, the City Council is supposed to review CM-29-6 October 7, 1974 (Los Altos Park) the park sites and proposals for development. He stated tha~ he has received a call from LARPD because they are awaiting word from the City Council and Cm Miller suggested that this be scheduled for dis- cussion on the next agenda. (Newspaper Article) Cm Miller read an article which appeared in a newspaper indicating that developers are developing in areas void of municipal services for which the land is cheaper and that there is an unsatiable demand for more and more tax dollars to cope with growth and the services growth demands. (Support of Prop. l7) Mayor Pritchard commented that he would like the City Council to join him in support of Proposition l7 with a "yes" vote, concerning the Stanislaus River Melones Dam. i1AYOR PRITCHARD MOVED TO SUPPORT PROPOSITION 17, SECONDED BY CM FUTCH WHICH PASSED 4-0 (Cm Turner abstaining). ~mTTERS INITIATED BY THE STAFF (Complaints re Traffic Regulation at "P" Street and Chestnut Street) Mr. Parness stated that there have been a number of complaints about the traffic regulations at the intersection of Chestnut Street and North "P" Street. Presently, the east-west bound traffic is governed by a blinking amber light and the south bound traffic has a blinking red light and concern is for pedestrians trying to cross ehestnut Street since the automobiles do not stop or go slow enough to permit safe crossing. The staff would like to have the permission of the eouncil to put the signals back into full ordinary operation or to have blinking red lights for both directions so that cars will come to a stop. Cm Futch and Mayor Pritchard commented that they would prefer to see blinking red lights at the intersection with which the other members of the Council concurred. (Next Week's Agenda) Mayor Pritchard asked if the report on the field investigation con- ducted by the Police Department could be on the agenda next week, in addition to the reasons for the report and also the matter of the complaint form being used by the Police Department. r Mr. Parness commented that this could be done but would like to say that he has spoken with the Police ehief regarding the complaint form and that the wording is being changed and he would hope that the Council will agree with the wording to be used and feels that the Council's concern will be satisfied with the new verbiage. (re Assembly Res. 181) Mayor Pritchard stated that there is an Assembly concurrent Resolu- tion No. l8l regarding proliferation of retail petroleum products eM-29-7 October 7, 1974 (re Assembly Res. 181) outlets and it should be a eouncil policy that these will be looked at in Livermorei however there are CUP's governing these uses. PERMIT REVIEW RE BURNING EMBERS & PIZZA ARCADE - LOUIS SHOPPING CENTER Mayor Pritchard stated that the matter of the permit review for the Burning Embers and pizza Arcade located in the Louis Shopping Center was postponed from the last meeting so that the members of the Council could review the past minutes concerning the item. Cm Tirsell stated that the Planning Commission has submitted a revision of the CN Zoning Ordinance in which they recommend inclusion of bar facilities in neighborhood shopping centers. If, later on, the eouncil agrees with this recommendation it would seem that perhaps the philosophy of whether or not bars should be allowed in shopping centers should be discussed prior to making a decision regarding this particular bar. Cm Miller stated that in this case he can't agree because every- one knew what the conditions were at the time they went into it and they simply have not abided by the conditions imposed by the City and to which they agreed. The fact that there may be a change, which isn't sure, should make no difference. They can be in general satisfaction of conditions if they put up a sign saying that food service is available and would satisfy the conditions that were agreed to before. He stated that he sees no reason for putting this item aside. Cm Tirsell stated that in her opinion the infractions are very slight in comparison to the other bars which are operating in a neighborhood shopping center. Cm Miller stated that the only thing they have to do is put up their sign. Mayor Pritchard stated that the point of the matter is that this was supposed to have been a restaurant and there is no way one can construe that it is a restaurant - it is a bar, purely, and simply. Cm Tirsell stated that the Planning Commission is proposing that the sign be put up, immediately, to make food accessibility available. She stated that the infraction is so minor that she really cannot understand why they continue to be in violation. Mayor Pritchard commented that they will not serve liquor in the pizza parlor but you can take the pizza into the bar and there is no way one can call the bar a restaurant. Cm Tirsell stated that she can understand what Mayor Pritchard is saying but this policy is about to be reviewed and Cm Futch stated that in the interim, while this policy is being reviewed, there should be a motion stating that the City expects them to conform to the conditions that were stated, previously, and to which they agreed. Cm Miller felt that something stronger should be done and they should be notified that the City will go to the District Attorney for a citation hearing on the matter because they have not con- formed with the things they had agreed to do. This doesn't mean CM-29-8 October 7, 1974 (Permit Review - Burning Embers & Pizza Arcade) that they will be cited but the fact the City is willing to go to the District Attorney may encourage them to move in complying with conditions agreed to. They may choose to ignore any letter sent to them by the eity asking that they comply, just as they ignored the conditions. Cm Futch wondered if they had been notified of their violations before and Cm Miller pointed out that this was discussed with them in personi just six months ago they were in Dave Wharton's office. At this time they agreed to comply with the conditions and did so for approximately two weeks. CM TURNER MOVED THAT THE CITY ATTORNEY BE DIRECTED TO TALK WITH THE OvVNERS AND REPORT BACK TO THE COUNCIL WITH A RECO~MENDATION AS TO WHAT COURSE OF ACTION SHOULD BE TAKEN, SEeONDED BY eM MILLER WHIeH PASSED BY UNANIMOUS VOTE. REPORT FROM AIR POLLUTION STUDY eo~~. Gary Higgins, Chairman of the Air Pollution Study Committee stated that the Council has been presented with copies of the air pollution report prepared by a citizens advisory committee and that he has only two comments to make relative to the report: 1) While they have tried to qualify, throughout the report, the uncertainties inherent in such a study he would like to point out that they have had to take a legalistic view of the air quali ty requirements. As everyone knm\Ts the EPA has allm'led each community some latitude in choice of standards for their community and since there is no real indication of what the Livermore community, as a whole, wanted, the only recourse was to take the EPA's primary and secondary standards and base their analysis and conclusion on those numbers. 2) The committee has been criticized for favoring "no growth" and this is clearly not the viewpoint of the majority or even, perhaps, the minority of the committee. The hope of the committee was to do the best job possible with a very difficult problem of technical analysis of air quality in the valley in the past and what might be expected in future years. The fact that the committee concluded that some alternative to growth, with the present per capita vehicle use, had to be found if there is to be better air quality, does not really represent a viewpoint of the committee because they feel they are not qualified to jUdge, other than as individual citizens. They feel that their effort has been misconstrued as being either pro or con regarding growth in the community and they feel unhappy about this. They may be associated with viewpoints that have noth- ing to do with air quality, according to others. Mayor Pritchard stated that he feels what Dr. Higgins has said is very im90rtant and perhaps this statement could be drafted and re- ceive the concurrence of the committee for inclusion as an addendum to the report. ~ Dr. Higgins stated that he would be happy to do this because there are members of the committee who feel very strongly that the conclu- sions of the committee have been misconstrued, or rather that the objectives have been misunderstood. Cm Miller stated that there are members of the committee who were appointed from the Pleasanton City Council and would suggest that the report be made available to Pleasanton's councilmembers and staff and perhaps it might be of some value to appear before them to describe the conclusions of the committee and the nature of the CM-29-9 --------_._"---~-,---,--_.......,- ,-- '---'--"'.,-.---- .,..-......--.-.--__~._..,_w_...,___.__.,._.__ October 7, 1974 (Report From Air Pollution Study Committee) report and possibly copies should also go to the VCSD people because we are all involved in the concerns of air pollution. Dr. Higgins stated that he believes a copy has been sent to the VCSD board membersi Mr. Lee has been working on a distribution list and as he recalls the VCSD people were included. Cm Futch wondered if an analysis of the data could be made far enough to put additional points on the graph and Dr. Higgins indicated that this could be done rather quickly. Cm Tirsell stated that the past month was very bad with respect to air quality and this should be reflected some way. em Miller pointed out that the month prior to that was not very good either, and the whole season has been rather bad. All the predictions made by the developers' spokesmen didn't come to pass as they expected. Cm Turner commented that he was extremely disappointed that the report was given to the press prior to the Council's having the opportunity to review the report. He stated that he received the report one evening and read about it in the newspaper the next morning. He was asked questions about the report and hadn't had the opportunity to read it and pointed out that this was not the fault of the committee. Mr. Lee explained that on Friday one of the newspaper reporters telephoned and asked for a copy of the report. Mr. Lee told him that the press could not receive a copy because it had not been distributed to the Council and this is when the reporter indicated that the Hayor said the press could have a copy. The reporter took a copy, Mr. Lee contacted the Mayor who indicated that there should not be a press release, Mr. Lee called the reporter and told him of this and the release was made in spite of the request that it not be done. When Mr. Lee was told there would be a press release he telephoned the Mayor to inform him of this and the Mayor stated that since this is the case the report would have to be distributed to all Councilmembers and each newspaper. Mayor Pritchard stated that he would like to publicly announce that he did not give permission for anyone to take a copy of the report. em Turner stated that in reading the report he felt it was taking a "no growth" position but since there will be an addendum to the report he will not mention all the things he had planned to bring up relative to growth. He stated that it brings some concern to mind relative to applications being made for "New Town" projects based on the fact that Livermore has prepared a "no growth" report with respect to air pollution - until 1990. Cm Futch stated that he would like to respond to this comment by saying that in his opinion the committee has analyzed the data and facts and made conclusions. He cannot understand what Cm Turner is saying because the conclusions say that if the number of cars in the valley are doubled the number of emissions will be doubled, essentially, and based on the best scientific judg- ment they have come up with what they think the answer will be and it is not a "no growth" position but rather is a judgment based on facts, data and analysis. Cm Turner stated that, first of all, em Futch is a scientist and Cm Turner is not. To a laYman reading the report, it says that a solution to the problem would be no growth in the valley should be allowed until 1990. C!<1-29-l0 October 7, 1974 (Air Pollution Study) Cm Futch stated this is true because this is what the analysis of the data would indicate. The opinion does not come from a philosophy but rather comes from analysis of the data which should be pointed out. ~ ;' I em Turner continued to say that the reason he felt disappointed in the report was because the only suggested solution was to maintain no growth and the reason he is concerned is because anyone who is considering development in Livermore (industry) may decide to bypass it if there isn't to be any growth until 1990. He then brought up the point that widening I-580 would allow cars to travel through the valley at 50-55 mph which would help smog conditions because they presently sit with motors idling in the Dublin eanyon area because of the congestion and create more and more air pollution. He also felt that if the report is accepted at face value there may be diffi- culty in convincing anyone that we need a BART route and that BART should come to an area in which no growth will take place until 1990. Cm Miller stated that if a justification for a BART corridor is to fill the valley so that we are like Los Angeles, it would, in fact, be better not to have a BART corridor. Cm Turner stated that in his opinion the destiny of the valley can be controlled by careful planning and by attacking the prob- lem head on with employment opportunities, in-valley transit sys- tem and by insuring that there is mass transportation available out of the valley, in addition to providing improved road surface to allow maximum efficiency of automobile anti-pollution systems. He concluded by saying "let's not be no-growthers and let's not be no control growthers but prudent planners - let's not be nega- tive but rather progressive". Dr. Higgins explained that the committee did have a very difficult time writing the report to avoid over emphasis or under emphasis of the problem but the committee does feel, essentially unanimously, that we cannot view the growth issue as an independent issue. The point they were really trying to make was that if viewed independently, then zero growth is somewhat the only alternative if we have the EPA standards for air quality. The alternatives involve simultaneous actions such as the BART corridor to replace some of the vehicular use and to reduce emissions per capita, or through bus service per- haps a reasonable level of growth could be permitted and still meet the EPA standards, adding that he was very unhappy to hear that the commuter bus service is not being used because this was one of the hopes for allowing development. He stated that if the wording of the report has been misunderstood then it is an editorial problemi the intent was that if we take the growth as a separate issue and let everything else alone, then we have a problem and zero is the only answer. If we can somehow face our community problems as total planning, this is what the committee hopes to see achieved. Cm Miller stated that it is true one doesn't want to take a "no growth" or an "uncontrolled growth" position but on the other hand one doesn't want to allow growth until these other questions have been resolved because if you go ahead in the hopes that they will be resolved and they aren't then we will never meet federal standards. The point is, in his opinion, all the other changes in the community, such as bus transportation, have to take place before you take the chance of having growth continue and with everyone still living in a smog area in 1990. We are nowhere near instituting a bus system and people are not riding that many bicycles and the car is still essential. If gasoline rationing, for example, should come about and people don't use their cars and the number of vehicle miles are reduced then one can talk about something else and it would make more sense at that time. On page 32 of the report there were three things listed in which the sources could be reduced and gaso- line rationing might be one way of doing this. He pointed out that CM-29-ll October 7, 1974 (re Air Pollution) the eity shouldn't take chances with the public's health. We are in the worst smog area in the Bay Area, even if we stop growing tomorrow and would barely make the standards by 1990. Not only does the city of Livermore have an obligation here but so do the other jurisdictions in the valley, to see that it is not made worse ~i. for everybody, becaus~ only do the people here get sick because ~ of the smog but ~~ the new people who come here not realizing ~~~that they will be subjected to it. The committee has pointed out that this is what is going to happen if we continue the way we are and we have to stop growth. There are other alternatives, some of which have not been explored, but unless these things happen we are not going to be able to meet the standards by 1990 and federal law says we are supposed to make it by 1977. Therefore, even with l/3 in buses, there could only be a 1% growth rate. He felt that the report indi- cates that the growth and development which has taken place here in the past is something which cannot continue without affecting people's health and feels it is the job of the Council to protect the health of their constituents. ./) em Turner stated that he agrees but wanted to point out his feelings and also would hope that this is not a "no growth" pamphlet saying that the City does not want more industry, commercial, or anything in this valley. Cm Miller pointed out that commercial and industrial development in the City of Livermore would be advantageous because such would help reduce emissions because people would not go out of the valley to shop. Mayor Pritchard thanked Dr. Higgins for speaking to the eouncil and asked that the Council's thanks be conveyed to the other members of the committee and would appreciate continuance of the committee's fine work. DISCUSSION RE LIVERMORE GARDENS APARTMENT - RE SCHOOL FEE WAIVER REQUEST At the City Council meeting of September 23rd an appeal was filed by the proposed developer of the Livermore Gardens apartments (Hirsch/Stern) for a waiver of the requirement that a School District confirmation be transmitted certifying that schoolroom space would be available to serve these units. In the absence of such a certifica- tion from the school the Council denied the appeal and Mr. Hirsch has asked that the matter be reconsidered so that testimony from previous minutes and the predecessor of the project could be reviewed by the Council. Mr. Robert Hirsch, l5233 Ventura Boulevard, Sherman Oaks, California, stated that he was before the Council two weeks ago and there was a unanimous vote against relieving him of the condition of waiver of the school letter and later in the meeting he had the opportun- ity to review a motion made at the meeting of March 5, 1973, during which Mr. Klein spoke to the Council with respect to the project which was to have been developed by OGO Associates. He stated that prior to going into the matter of the discussion of the project with Mr. Klein he would like the Council to be informed of something else .~----.. that has come up and asked if Mr. Parness would like to explain. ( Mr. Parness stated that in his opinion it deserves reporting to the Council and commented that Mr. Hirsch, aside from the subject matter that is before the Council and was the subject of his initial appeal, has questioned the propriety of an insert in the requirements the staff had forwarded prior to the issuance of building permits for this projecti relative to the utility line undergrounding along East Avenue. CM-29-l2 October 7, 1974 .~ The Council was not aware that there is a major power line that runs along East Avenue serving LLL and upon finding that this was a potential requirement, unbeknownst to him and probably even his predecessor, it is felt that the cost would be quite high _ something in the neighborhood of $50,000 and would request that the policy position of the Council be rechecked. Mr. Parness noted that there is no question about the responsibility with respect to internal subdivisions; however, the policy with res- pect to residential properties that abut major streets has not been determined. The City Attorney has been asked to voice his view on one critical part of the issue and that is the legal or statutory right of the City to require this as a condition of the issuance of building permits. Mr. Engel replied that at the present time there is neither a statu- tory nor ordinance authority which would permit the Council to re- quire such undergrounding. em Miller stated that he thought an ordinance was being prepared for this and Mr. Engel replied that an ordinance is in the process of being prepared under Alternate IV, related to industrial develop- ment but not with respect to residential development. It was noted that such has been required in the past and Mr. Engel stated that he would appreciate being allowed to review the situa- tions in which this has been required to determine if there was a specific reason that would differentiate those requirements from the instant situation. Mr. Parness commented that previous requirements were done in con- nection with a subdivision and as far as he can recall it was always with respect to a subdivision. Mr. Hirsch stated that his firm was informed that this require- ment would not apply to them, as recently as two weeks ago, by Mr. Lee and Mr. Lee stated that he did not make the statement that it would not apply to this firm. He does recall a discus- sion where he said that he would have to make a study of the matter to determine what the situation might be but wouldn't tell Mr. Hirsch anything because the Council had not reviewed the matter of undergrounding. Mr. Hirsch stated that he stands to be corrected and that he was present during a meeting in which the matter of major street fees was discussed and the undergrounding was brought up. He was told that the undergrounding policy was adopted and only for conduit to be installed in the case of industrial and there was no further adoption of residential requirements and therefore assumed that his firm was clear of this issue. When it did surface again, a week ago, and Associated Professions did inform his firm of this he naturally was quite concerned because of the cost involved. C~ It was noted that it has been a policy that new development will be required to place lines underground and in this particular case it is one of the conditions listed in the Engineering considerations. em Tirsell wondered what type of site plan approval the former appli- cant had received and if a new owner must assume everything that was agreed upon by the previous developer, if he doesn't agree with some of these conditions, and the City Attorney commented that this is something rather hard to deal with inasmuch as there is no statu- tory or ordinance authority to require it. Apparently, two years CM-29-l3 October 7, 1974 (Livermore Gardens) ago, someone felt there was such authority and it was placed in the condition of approval. Cm Futch wondered about the time constraint and if it is necessary to take action tonight and Mr. Hirsch stated that he needs to know his development agreement, get it set and pick up a building permit. He stated that he attended a March 4th meeting during which the undergrounding of utilities was discussed and there was no policy regarding undergrounding and Mr. Hirsch's property. He made an appeal that they not have to absorb the share of the undergrounding or of the major street fee. Cm Futch asked if the City Attorney, legally, has sufficient time to look into this and Mr. Engel replied that legally his position is not going to change. This has been discussed over a matter of several months and it is his feeling that there is no statutory or ordinance authority which would permit this Council to impose under- grounding as a condition on this development. The eouncil concluded that it would appear they would have to abandon the idea of requiring undergrounding in this case. Cm Miller stated that the thing that is lacking in this instance is the ordinance that should have imposed this requirement, and the City should provide an ordinance which imposes this condition on residential property on the same grounds it is imposed on industrial property. An 9rdinance should be prepared which would layout the findings the eouncil needs to make and that such an ordinance should be adopted immediately. Cm Tirsell stated that this means the City has been working on the industrial property underground fees and this will be a large development that will not have the pull boxes or conduits underground and to do it the City will have to "pick up the tabs". Mr. Engel explained that the Council needs some sort of authority to pass an ordinance of this nature and the legal staff will do its best to come up with a defensible ordinance. if this is the direction to them, which affects individual residential parcels. Cm Miller stated that there is an easy argument on public safety when you have high power lines above the area in which people are passing and especially a high density apartment project and the matter is pretty obvious even on the face of it. Mr. Hirsch asked if his understanding is correct in that the City staff can present the development agreement to him without this requirement included so that his firm may agree to it, sign it, post the fees required and pick up their building permit? Mayor Pritchard stated that as he understands it, Mr. Hirsch is saying that the City staff has delayed Mr. Hirsch's firm from obtain- ing the development agreement and Mr. Lee interjected that the development agreement is not in its final formi there are other matters unresolved and they are before the Council this evening. Mr. Parness stated that the matter was not held up by the staff; it was held in abeyance for at least a couple of months due to the inactivity on the part of the applicant. Mr. Hirsch stated that he has been delayed because he is waiting for the development agreement so that he will know the final dollar amount and all the conditions relative to the property. The eouncil indicated that undergrounding will not be a part of the requirements. eM-29-l4 October 7, 1974 (Livermore Gardens) em Miller pointed out that this does not mean there will not be a statutory authority next week or within 30 days or whatever. Mr. Lee stated that Mr. Hirsch will be presented with an agree- ~ ment without the undergrounding requirements. , \ Mr. Hirsch asked the City Attorney that if, later, an ordinance is passed, will his development agreement be affected and would such an ordinance be retroactive and the City Attorney stated that if Mr. Hirsch has an agreement he will be able to rely on the agreement and the ordinance would not be retroactive. Cm Miller asked if the conditions of the agreement can state that whatever fees are in effect at the time the building permit is taken out will apply and the City Attorney replied that if such is phrased in these terms it would be acceptable. Cm Miller stated that many of our agreements have this wording and would presume that this agreement would have this type of wording. The City Attorney stated that as a matter of legal policy he would like to caveat - that this is an open type of thing that has a certain element of unfairness to an application as it comes before the Council because any number of additional fees could be passed and not really within the contemplation of the applicant when signing the agreement. Mr. Musso indicated that, normally, the fees are established at the time the building permit is taken out and that the develop- ment agreement deals with major public works facilities involved in the project and the fees do not necessarily have to be a part of the agreement. Mr. Lee explained that in the agreement all the fees are spelled out but not necessarily the amount of the fees - each year in January or February these fees are adjusted and if there is an agreement now but a building permit is not taken out until next March, the fees effective in March would apply. Mr. Hirsch stated that as a matter of public record he would have to say that he really doesn't want to find any surprises because as stated at the last meeting, they are already faced with very large eity fees, possibly a very substantial school fee and this amount was a complete surprise. He added that he absolutely cannot face another $50,000. He would like to point out that if they are faced with $50,000 for one reason or another which they have not anticipated, this would create a great hardship and he feels that it is not the intent of the eity eouncil to give his firm this type of treatment. Somewhere there has to be a cut-off point and it should be right now when the development agreement is prepared. Mayor Pritchard commented that the records will show that Mr. Lee has said the undergrounding will not appear in the agreementi however, there should be some assurance from the applicant at this time that the fees will be paid soon because if the appli- cant waits until next March there will be an increase of fees. ~\ ( ~/ Mr. Hirsch indicated that they intend to pick up their building permit within the next 30 days and would anticipate that there will not be any additional fees that he is not aware of. em Miller stated that he does not like to hear the statement that undergrounding for residential was mentioned because it was mentioned that the City should not amend the residential policy because the situation was different for industrial than residential, without saying that this is what the final situa- tion would be. CM-29-l5 October 7, 1974 (Livermore Gardens) Mr. Hirsch stated that the action speaks for itself. It was referred to a committee, the vote of the Council was relating to industrial and there was not vote a vote on the residential. em Miller stated that the policy in the past was to require underground- ing and was so stated, for residential, and that nothing was done about it was no proof that it would be repeated and the point is that the City does not like surprises either and one of the surprises he is beginning to resent very much is the promise of Mr. Hirsch's predeces- sor with respect to paying a school fee and now Mr. Hirsch and his partners do'!not want to pay the fee. AT THIS TIME IT WAS CONCLUDED THAT THE MATTER OF THE UNDERGROUNDING HAS BEEN CONeLUDED AND THERE WILL BE DISeUSSION REGARDING THE APPEAL THAT THE CITY eOUNCIL WAIVE THE REQUIREMENT OF THE LETTER FROM THE SCHOOL DISTRICT CERTIFYING THAT THERE IS ADEQUATE HOUSING AVAILABLE. em Turner stated that it is his understanding that the City Council does not have the authority to waive a school certification letter or the fees to the School District1 this is decided by the eleced body of the School District - the Boardi therefore he feels the Council was never in a position to offer Mr. Hirsch relief in this respect. Mayor Pritchard pointed out that the City does not require school fees - this comes from the School District and the only thing re- quired by the eity is the letter of certification. Mr. Hirsch explained that he has retained an attorney who has done considerable research on the matter and who had wanted to attend this meeting. Mr. Hirsch stated that he did not want his attorney to come to the meeting because he does not want to have to sue the eity. He is going to be a permanent part of the community for many years because they retain ownership in their apartments and manage them. He then explained the history of their taking over the proposal for the OGO development noting that they were never partners with OGO but that OGO will receive money back for fees they have already paid towards the project. One of the vari- ous things they were not informed about when taking over the project- was the school fee promise made on March 5, 1973. He stated that the ordinance adopted November 8, 1971, requires a statement from the School District relative to school facility availability but pointed out that it stipulates "relating to subdivisions" and that this project is not a subdivision and they are not required to comply with it. The City is requiring that they comply by insist- ing that a clearance letter be obtained from the School District and is using this as a condition for releasing the building permit. The ordinance does not apply to their development and he has been advised of this by the City Attorney-and Mr. Engel has discussed this with them and also with the Assistant City Attorney, Miss Whittaker, and feels the Council is aware of their position on the subject. He stated that he would rather not have to sue the City, the City will not derive any money from the issue, and it is trying to enforce a requirement which is not applicable to their particular piece of property. He pointed out that if he were to build on the piece of property adjacent to his the City would not enforce the requirement and the only reason he is being asked to pay a fee is because someone else promised to pay a fee. .--~ Mayor Pritchard read portions of a memorandum written by the City Attorney on July 9, 1973, which indicates that a representative of HUD stated there was an application pending with them as jointly filed by OGO Associates and another firm (Goldrich/Kest/Kirsch & Stern) and asked Mr. Hirsch if the latter is his firm and Mr. Hirsch stated it is but they did not file a joint application. They later took over OGO's interests but the process with HUD is the requirement of 25-30 clearance for any new sponsor and which they had to receive before OGO could withdraw, and the July date may have been the date upon which his firm came into the project. CM-29-l6 October 7, 1974 (Livermore Gardens) em Miller stated that Mr. Hirsch mentioned that if he had bought the adjacent property this condition would not apply and Cm Miller pointed out that if Mr. Hirsch had purchased the adjacent prop- erty he would not have been allowed development at all because of the City's existing moratorium ordinance which went into effect at essentially the same time - nothing larger than a 4-plex would have been allowed. With the exception of the OGO development there has not been allowed any type of mass develop- ment. One of the major problems facing the City at the time OGO applied, was the overcrowded schools and Mr. Klein told the City that the school problem would be taken care of and would be will- ing to pay $800/unit for 96 units. They were willing to pay the fee for the schools so that the students created by the project would receive housing and not crowd anybody else. If one reads the minutes the assumption is quite clear - that the school prob- lem would be accepted and somewhere in the discussion Mayor Taylor pointed out that this situation of the 96 or 97 apartments would be different because it is the first apartment complex in the City which has reached an agreement with the School District and intends to pay all City fees. Because of these promises by Mr. Klein this particular unit was exempted from the other multiple pro- visions of the moratorium because they could pay fees nobody else could pay and also because it was a low income housing project proposal. Cm Miller stated that in his opinion the City is not imposing a subdivision ordinance upon Mr. Hirsch's firm and this is not the issue. The issue is that Mr. Hirsch's predeces- sor, Mr. Klein, agreed to pay a school fee and feels they are now "welching" on it. Mr. Hirsch indicated that he doesn't feel he is "welching" because it was something he wasn't aware of and if he had been aware of it he would not be before the Council because they would not have taken over the project. em Miller stated that if OGO failed to disclose the conditions they agreed to, perhaps Mr. Hirsch has a cause of action against OGO but this is not the problem of the School District or the City. He added that he feel's the attitude of their firm is "never mind the school children by the project and never mind the other school children in the area and never mind the promises made before". Mr. Hirsch stated that no matter what he says, the Council will vote as they see fit and would suggest that the eity Attorney be consulted as to whether or not the City can legally impose the fees against this particular project. Cm Miller stated that nobody likes to get involved in a law suit but the City and School District cannot take an increase in the number of children lightly either, and would suggest that a member of the City Council go to the School District with Mr. Hirsch to ask consideration of a reduction of the $76,800 fee to be based on the estimated number of children coming from an apartment complex because this, indeed, is not the same a single family dwelling units with the same number of children estimated per unit. This should reduce the fee, considerably, and may be a workable compromise. (...... ~-- Mr. Hirsch stated that he has already been to the School District with this very suggestion and got nowhere, and subsequently re- ceived a letter from the School District indicating that they would not change their policy. He stated that he will discuss this issue with his attorney and report back to Mr. Parness within the next few days as to the maximum amount they would be willing to pay as a donation to the School District and if the amount is considered acceptable he would then like Mr. Engel to advise whether or not this would release him, legally, from the requirement. CM-29-l7 October 7, 1974 (Livermore Gardens) Mr. Hirsch asked if the Council will hold him to the requirement if the donation amount proposed by his firm is not resolved. Mayor Pritchard explained that, again, this is getting back to the letter required from the School District. Cm Miller stated that he believes what Mr. Hirsch is saying is if it would be alright to go ahead with his development agreement if he is not here next week and the School District fee has not been worked out and em Miller added that he feels the problem should be resolved prior to agreeing on a development permit, and hopefully this whole thing can be resolved within a week. ON MOTION OF eM MILLER, SEeONDED BY eM TURNER AND BY UNANIMOUS VOTE, THE MATTER WAS CONTINUED TO NEXT WEEK. REPORT RE FIRE STATION 1 LOCATION The City Manager reported that the City Attorney has indicated that park property could be used for the purpose of housing a fire station upon the affirmative vote of at least 4 members of the City Council and would urge that a resolution be adopted approving the use of a parcel of the Robert Livermore park site for this purpose. Cm Turner commented that to his knowledge the LARPD Board has never been contacted about this proposal and have not had the opportunity to express their feelings. The City Attorney advised that the matter must be set for public hearing prior to discussion. ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE, THE MATTER WAS SCHEDULED FOR PUBLIC HEARING ON NOVEMBER 12th. REPORT RE FIRE STATION ARCHITECT The City Manager reported that the American Institute of Architects was asked to submit a listing of qualified firms from several Bay Area jurisdictions for design for the new fire station. Fifteen firms submitted written information, six of which received oral interviews. FOllowing careful consideration and reference checks it is the unanimous opinion of the panel who conducted the interview (em Turner, the Fire Chief, Assistant Fire Chief, and the City Manager) that the best design service could be obtained by using two firms joined in contractual association. These firms are Associated Pro- fessions of Livermore and WID. W. Headley, Jr., of Campbell. It is recommended that the City eouncil endorse this association and in- struct that the necessary contract documents be perpared. Cm Turner commented that he was present during the interviews and feels that Randy Schlientz was also a highly qualified applicant. He stated that there was discussion regarding retaining firms to work jointly and that he indicated he would think about it. He has given the matter thought and feels that one firm can do the job adequately and that those interviewed were equally qualified. He stated that he feels the job should be given to someone in the valley and would recommend that Randy Schlientz's services be retained with the full knowledge that he will do an outstanding job. He did the work for Fire Station .2 and has done other projects and that all of these seem to be quite satisfactory. CM-29-l8 October 7, 1974 (Fire Station Design) Mayor Pritchard stated that on large projects it would appear to be logical to ask for two firms to join together but wondered if these firms came to the City as a joint venture and Mr. Parness replied that they did not. Those interviewed were asked if they would object to working jointly with another firm if this would be considered in the best interest of the City and there were no adamant objections to this suggestion. Cm Futch asked which firm was considered to be most qualified, from a technical standpoint, singularly, and Mr. Parness stated that it was his understanding that Cm Turner concurred with the suggestion to retain associated firms. It was concluded that either one of the firms selected could do an adequate job. He stated that from a technical standpoint, Mr. Headley has a vast background in this particular type of structure and his clients have been very complimentary. em Futch stated that he feels the Council has heard that the magnitude of the project is not sufficient to warrant a joint effort of two firms. He was not sure if that opinion would stand if one was awarded the project with the suggestion that it would be in consultation with the other firm. He asked Mr. Schlientz to respond to this suggestion. Randy Schlientz thanked Cm Futch for being concerned and stated that his firm was willing to work under whatever conditions the Council chooses. He felt personally that with the size of the project, a joint venture is a little difficult to manage in that you have to divide the responsibilities between two firms. He felt it would be advisable to have one architect who is responsible to the Council, and they would be willing to work in consultation with any firm the Council would choose. CM FUTCH MOVED THAT THE CITY HIRE ASSOCIATED PROFESSIONS TO BE THE ARCHITECT FOR THE FIRE STATION, USING THE OTHER FIRM AS A CONSULT- ANT, SECONDED BY CM TURNER. (' I Cm Miller stated that he would oppose the motion with vigor because Associated Professions has been active in the City of Livermore for many years and there have been a number of curious mistakes made by this firm, recalling the pouring of concrete pads in violation of the plans and maps and the uprooting of oak trees in violation of a permit. Cm Miller stated that mistakes like this can only be a result of either incompetency or deliberate intent and he has been asked many times after having observed mistakes of this sort why the City continues to deal with a firm that makes mistakes, which is very hard to answer. Whether a firm is local or not, one should not deal with a firm that makes this kind of mistake, and whether they be local or not should have no relevance whatsoever. What one should look for is a firm that does not make these kind of mis- takes, and in his view, of the firms recommended, it is clear that Mr. Headley has had experience in building fire stations and is obviously the best qualified, and the Council should go with Mr. Headley's firm and the City should not be involved in any way, form, shape or size with Associated Professions. He felt that the motion would better read to deal with Mr. Wm Headly as the single architectural firm as it is not necessary to have somebody local. Mayor Pritchard stated that he, too, would oppose the motion, but not for the same reason, but because he feels if you are going to hire an architectural firm, then that firm would best be in a position to decide when and where they might need consultation and not the Council, and he would not impose that upon the contract. CM-29-l9 October 7, 1974 (Fire Station Design) em Tirsell was asked to state her op1.n1.on, and she pointed out that all things being equal after an interview system, the Associated Pro- fessions had as many recommendations as any of the other firms. This city does not have many architectural firms, and all things being equal, she felt it a good thing to grant the contract to a local firm, how- ever the City would be limiting itself to one architect for all future City buildings. This is the primary reason for interviews, and she would, therefore, vote for the motion because she felt it to be a very qualified firm, and her second consideration is the fact that it is local. A VOTE WAS TAKEN ON THE MOTION WHICH PASSED 3-2 WITH eM MILLER AND MAYOR PRITCHARD DISSENTING. RECESS After a short recess, the meeting resumed with all members of the Council present. REPORT RE HOLIDAY DECORATIONS FUNDING Mayor Pritchard stated that the Council agreed to funding the holiday decorations for the coming season for the last time, and a question was recently posed as to the legality of the eity paying the cost of these decorations if some form of financial collection could be made, so that any discussion would have to be for anything beyond this year Mayor Pritchard suggested that Cm Tirsell start the discussion because she had made the motion to continue funding for one more year and then discontinue the funding. Cm Tirsell stated that when she made the motion, it did not have to do with a problem of holiday decorations but rather she voted for a Council position not to give funds to organizations which were not officially committees of the City, but she felt that policy had been rescinded by Council action, and did not feel it was the best policy for the City or the right way to be doing in the future. As for in- stance, the decorations cannot be lighted due to energy conservation; uniform decorations are not to her liking, and she would prefer that the businesses take on this obligation as they do for the rodeo parade. Because it is a three-year contract that the Chamber of Commerce wants to have signed at this time, she would vote favorably for that, but she has advised the Chamber that at the end of three years she would expect that the obligation be removed from the City and assumed by them and that their members would have a volunteer system. Gene Morgan, President of the Chamber of Commerce was asked if the contract being proposed included the current year, and he stated that it did, and the reason for the three year contract was the fact that the present decorations are at the end of the term and the only way to secure new decorations is to sign a three-year contract, and the cost would be pro-rated over the three year term. Cm Futch stated he has always felt that the holiday season is one that everyone benefited from, and he had no reason for not wanting to continue his support as he felt it was a worthwhile use of public funds. Cm Miller asked the City Attorney if was legal for the City to expend public funds to promote a commercial day on say the 3rd of March, and and Mr. Engel advised that it would be permissible under the "promo- tion section" to use up to 5% of the general fund for promotion, and eM-29-20 October 7, 1974 (Holiday Decorations) if the eouncil determined that the 3rd of March was an appropriate day to hold such a promotion, it would be fine. em Miller questioned further if it would be permissible for solely commercial purposes - to advertise for local merchants, and Mr. Engel stated that if the purpose is also to promote the City, he would say that it would be permissible, but if it were only for the promotion of business in the downtown area without any related benefits to the City, he would possibly have to say no, but if it were a promotion for the City of Livermore, and incidentally, in that process you are pro- moting downtown business, he would then say yes. Cm Miller went on to say that em Futch and Cm Tirsell have indicated that Christmas is a secular holiday because any of the cases listed in the considerations anything tied to a religious aspect, which might otherwise be permitted, is now prohibited because of the religious tie. He felt most ehristians would be horrified to have someone state that one of the two most important days of their church calendar year is a secular holiday in order to justify the expenditure of public funds. The fact that there is a heavy commercial emphasis that goes on at this time period does not seem to him to justify the expenditure of public funds. He felt that Santa Claus is definitely a religious tie, and he would prefer the concept proposed by Cm Tirsell of having individual- ized decorations which could be done for much less money. He felt it is a constitutional issue and is the expenditure of money for a religioul purpose, and he could not understand how this could possibly be called a secular holiday. em Miller also indicated his disappointment in the Council's position to deviate from the policy of funding other than official City committees. em Turner stated he felt very comfortable with voting to continue the funding for perhaps a different reason, but it was his understanding that the businessmen imposed a lO% tax upon themselves for the sole purpose of providing holiday decorations which benefits the entire City. Mayor Pritchard stated he agreed with the City Attorney's op1.n1.on, and the Council can say that it is secular and vote the funds for that use, but he would be violating his conscience, so either way he votes he would be violating his conscience on these two matters: 1) as a Christian he would have to find, contrary to his conscience, that Christmas was a secular holiday and had no significance to him as a Christian, and his conscience would not allow him to do that as he feels that this holiday has for too long a time gotten away from the Christian spirit; 2) If he did call it a religious holiday he would have to abide by the City Attorney's opinion once again and say he could not vote public funds for that because it would be a violation of the separation of church and state doctrine. He could only vote against providing the funds for Christmas decorations for these two reasons. CM FUTCH MOVED TO APPROVE THE FUNDING FOR A THREE-YEAR PERIOD. em Miller stated that as a point of order the Council must determine that the decorations are secular in nature before the motion is made, and Mr. Engel stated that the point is well taken. r~' em Futch stated he would have to disagree with the eity Attorney as it would be unrealistic to say there is not some aspect of all the factors involved. Mr. Engel stated he did not wish to debate the philosophy, but the cases are clear that ehristmas is essentially a religious holiday, and if the Council wished to put up religious decorations as such, then, in his opinion it would be a violation of the doctrine of sepa- ration of church and state, because in addition it is a holiday CM-29-2l October 7, 1974 (Holiday Decorations) shared by all Americans. It is secular in nature and if the eouncil wishes to recognize that aspect of it and put up decorations that are not offensive to others, it is a permissible expenditure. Mr. Morgan stated that since the decorations have not yet been man- ufactured, they would not be religious in nature, he assured them. CM FUTCH WAS ASKED TO RESTATE THE MOTION WHICH WAS TO APPROVE FUNDING OF THE HOLIDAY DECORATIONS FOR A THREE-YEAR PERIOD; MOTION WAS SEeONDED BY CM TURNER. Cm Futch pointed out that he had specified holiday de- corations and not religious decorations. Cm Miller stated that the point raised was not that the holiday has to be declared secular, it is the decorations that have to be declared secular. em Turner again asked the City Attorney to say something about the motion, and Mr. Engel stated that he did not want to debate the issue of religiousity of the holiday - there is a holiday season and the decorations will be appropriate to the season and non-religious in nature in order to avoid the constitutional prohibition. A VOTE WAS TAKEN ON THE MOTION WHICH PASSED 3-2, CM MILLER AND MAYOR PRITCHARD DISSENTING. MAYOR PRITCHARD WAS EXCUSED FROM THE MEETING AT THIS TIME AND THE CHAIR WAS ASSUMED BY MAYOR PRO TEMPORE FUTCH. REPORT RE SO. PACIFIe INDUSTRIAL PARK ASSESS- MENT DISTRICT This matter was continued from the meeting of September 23 so that more information could be provided on some of the technical aspects of the assessment district law. A report was submitted by the Bond Counsel, Sturgis, Den-Dulk, Douglass & Anderson, explaining the reasons for using the 19l5 Act bonds. Mr. Engel remarked that the explanation as submitted by the Bond Coun- sel was completei the use of the 19l5 Act bonds is perfectly legal and permissible, and it is simply a policy of whether or not the Coun- cil wishes to establish the assessment district in this manner. - Mr. Parness commented that the Bond Counsel has suggested that one additional surety be used which he had not heard of prior to this time, which is that a special default fund be established which would contain approximately 30% of the annual bond servicing needs per year and could be used by the City in the event of any default. This is a relatively new item, and he could not see how any additional protection could be afforded over those two major items in addition to the fact that there is a singular type of assessee who is very reputable. em Miller asked if it is possible two have both items involved in the contract, i.e. that there be the surety of $lOO,OOO, plus the promise of SP to pay, by contract. Mr. Parness stated that the special bond will be a part of the dis~ trict proceedings. \ \ I Mr. Engel was asked if both could be included, and he replied that he saw no objection to that. As a part of the assessment district proceeding, the City can pick up the sinking fund to protect it and at the same time enter into a contractual arrangement with SP whereby they will indemnify the City. CM-29-22 October 7, 1974 (re Assess. Dist. - SP) em Miller stated he was concerned about this as he felt it was wrong in principle for the eity to provide assessment districts for private purposesi it is pushing to a borderline case because of the industrial aspects involved which we need, so he should vote no, but will vote ,-- for it with reluctance. CM TIRSELL MOVED TO AUTHORIZE FILING OF THE NECESSARY PAPERS FOR THE USE OF AN ASSESSMENT DISTRICT UNDER THE IMPROVEMENT ACT OF 19l5, TO- GETHER WITH AN ADMINISTRATIVE FEE AND A SEPARATE CONTRACTUAL RELATION- SHIP WITH SP, INDEMNIFYING THE CITY: MOTION WAS SECONDED BY eM TURNER AND PASSED UNANIMOUSLY. REPORT RE SMOG ALERT INFORMATION The City Manager prepared a report regarding dissemination of smog alert information and Cm Tirsell stated that she would like to con- tinue the matter so that another proposal might be discussed later. One of the suggestions mentioned was a recording device to be in- stalled, possibly in City Hall, to give daily meteorological in- formantion upon dialing a certain telephone number and the cost would be $35 for a line installation and $55 for the device giving the information and a monthly charge of $l5.40 for the line and $16.25 for the device. Cm Futch commented that it appears the monthly cost is very ex- cessive. He stated that it costs about $100-$125 a year to have such a device connected to your home phone and wondered why thd cost is so high for the City to do something like this. Mr. Parness stated that he isn't sure but possibly he was given a wrong figure for the monthly charges. He stated that if the figures are correct it would be less expensive to have the device removed during the non-smog season. Cm Miller stated that one can purchase a device for the $l25 men- tioned by em Futch and a jack can be put in by the telephone company and there would be a monthly charge for using the line. CM TIRSELL MOVED TO TABLE THE MATTER, SECONDED BY CM TURNER WHICH PASSED BY UNANIMOUS VOTE. REQUEST FOR APPROVAL OF PARCEL MAPS 1132, ll33 & ll34 (Gillice) Mr. Lee reported that Mr. Gillice has dedicated the arroyo lands with a provision that allows him to sell parcels to the adjacent lot own- ers and the Council has already established a policy as to how they should be transferred. For each one of the parcel maps all Mr. Gillice needs to show the City is evidence of agreements with the adjacent lot owners that he has an agreement to sell to them. It is recom- mended that the City Council approve the maps, conditionally, and that they be placed in escrow. At such time as the title company has the agreements for sale and the deeds ready for filing that both be filed simultaneously. In addition he would recommend that the Council approve the execution of the deeds for the parcels and place them in escrow also through the title company for proper transfer. em Futch asked if all the lots conform and Mr. Lee indicated that they do. CM-29-23 October 7, 1974 (re Gillice Tract Maps) em Miller stated that the report from Mr. Lee indicates that there has been an understanding reached with Mr. Madis and in view of the City's experience with Mr. Madis recently, there is no such thing as an understanding with him unless it is locked up in writing. It seems that absolutely nothing should be done with respect to approving these parcel maps until everything is down on a piece of paper and signed by him and that the City Attorney's office could guarantee that this is locked up. Mr. Lee stated that he would suggest the City Attorney prepare a letter of transmittal and approval to the title company giving instructions as to what conditions a transfer can be made. Cm Miller stated that he feels there should be something signed by Mr. Madis also - there should be a document that spells out exactly what everyone is supposed to do. Mr. Engel felt it would be possible to take the conditions and place them in escrow instructions and have the escrow instructions executed by Mr. Madis and by the City. In this case the City would require instructions executed by both parties and the title company would operate only on the basis of those instructions. CM MILLER MOVED THAT THE eITY eOUNCIL TRANSFER THE PARCELS ACCORDING TO THE AGREEMENT WITH THE NEeESSARY DOCUMENTS TO PROTECT THE CITY, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. Mr. Lee stated that he would like to mention there is a property owner adjacent to the arroyo lands to the east of the entry off of College Avenue. They have a very narrow side yard and have been caring for the property adjacent to their house and have asked that the City sell them a small portion of land so that they will have an acceptable lot. He stated that he would suggest referring this matter to LARPD since they will be maintaining the area to see if it would adversly constrict access to the arroyo lands area from College Avenue and ask that a report from them be submitted to the Council for consideration. em Miller stated that in his opinion it would be very unwise to sell any portion of this land at this time because most of the property is presently in dispute and the City may not have it to sell. REPORT RE RS DIST. REGULATIONS The Planning Director reported that the Planning Commission did consider the referral from the Council regarding the RS Zoning District and reaffirmed its original recommendation for 25 ft. rear yards. Cm Futch mentioned that the Planning Commission pointed out that in the RS-5 Zoning District a greater than 25 ft. rear yard would mean the maximum square footage would be less than that allowed in accordance with the minimum allowable coverage. If the Council adoptes a greater setback this will determine the coverage of the building. em Miller stated that this is a good point but the original Council motion was that RS-5 would be 30 ft. and the others would be average 25 ft. and minimum 25 ft. and mentioned the formula which would be applied and em Futch stated that he feels the formula is too complex. He pointed out that a simple setback results in variations and if a complex formula is used there will really be confusion in setbacks. CM-29-24 October 7, 1974 (RS Dist. Regulations) em Tirsell stated that she feels the formula application is not going to work and that using the coverage, setback and side yards is satisfactory for RS-5 without applying a formula. /- em Miller stated that nobody has to use the formula if they don't want to - they can use a direct setback. CM MILLER MOVED THAT THE eOUNCIL DIREeT THE STAFF TO PREPARE THE AMENDMENTS TO THE RS ORDINANCE AS PER ORIGINAL COUNCIL APPROVAL, SECONDED BY eM TURNER. Mr. Musso stated that in his op1.n1.on the m1n1.mum lO ft., lS ft., or whatever it is for sideyards is satisfactory for sideyards and is adequate for rear yards and the other issue is whether or not the formula of this type is easy to administer and certainly it can be done but this would be difficult. Even now, using the averaging, each one has to be looked at separately and studied in depth. Cm Tirsell stated that she wouldn't object as long as there is clearly a choice between using the formula or the specified setback. Cm Futch stated that he feels the recommendation from the Planning Commission is agreeable. Their recommendation would be simple to apply, easy to enforce, and would not be too restrictive. em Turner stated that he doesn't like the lO ft. minimum because this is not very far apart and that a 10 ft. rear yard really isn't adequate and em Futch pointed out that those are already lots of record and this wouldn't apply. It will be 25 ft. minimum, except for those lots of record. em Tirsell stated that she feels the Council should be mainly concerned with the RS-5 lots because the developer will not be willing to put in one more inch of utility lines or driveway or sidewalks than necessary and these are the remaining lots. One advantage of what the eouncil has proposed is that it almost assures that on those small parcels which are l/5 of an acre, there will be smaller homes built because you cannot put big two-story houses on these lots. The problem has been in many areas that there are small lots with the maximum size house which result in small lots grouped together with big imposing houses on them and living too close together. She stated that if the City guarantees a 25 ft. backyard or 30 ft. with a 25 ft. average in the RS-5, there will be a generous back yard and this would guarantee the size of house. em Futch stated he agrees with the philosophy but still feels it should be handled under coverage rather than setback and em Tirsell remarked that experience shows that developers build the maximum floor coverage allowed and if a certain back yard amount is required it will determine the size of house allowed. Cm Futch felt it would be better to determine size of the house by coverage and em Tirsell stated this may be true but such a mechanism is not available in the RS-5 District yet, and Cm Miller agreed that this would be a good way of doing it and suggested that this be brought up for the Planning Commission's pUblic hearing. em Tirsell stated that she would be interested in what the Planning Commission recommends for coverage. In her opinion the coverage, plus the setback, guarantees a moderate priced, smaller sized house and would be comfortable with this for the RS-5 area. Cm Miller stated that everyone is concerned about the formula and that it is not that difficult and illustrated it on the blackboard. CM-29-25 October 7, 1974 (RS Dist. Regulations) Cm Futch stated that he also works with numbers and this isn't some- thing he can't understandi however, in trying to explain it to other people who come in and trying to get things straightened out if mis- takes are made in setbacks in applying the formula he feels it is too complex to use. (\ I CM MILLER REPEATED THAT THE MOTION IS TO DIREeT THE STAFF TO PREPARE THE ORDINANCE AMENDMENT PER THE COUNCIL'S ORIGINAL VOTE WHICH WAS FOR RS-4 AND ABOVE, AN AVERAGE OF 35 FT., MINIMUM 25 FT: OR AT THE OPTION OF THE DEVELOPER 7/4 x LIVING SPACE OF THE HOUSE WITH A MINI- MUM OF 25 FT: AND FOR RS-5 A MINIMUM BACKYARD SETBACK OF 30 FT. AVERAGE, MINIMUM 25 FT. eM TURNER AMENDED THE MOTION THAT THE FORMULA NOT BE CONSIDERED BUT RATHER TO CONTINUE USING THE STANDARD PROCEDURE PRESENTLY BEING USED BY THE PLANNING DEPARTMENT. SECONDED BY CM TIRSELL AND PASSED 3-l (Cm Miller dissenting) . THE MAIN MOTION NOW READS: FOR RS-5, AVERAGE 30 FT., MINIMUM 25 FT.i FOR RS-4 AND OTHERS, AVERAGE 35 FT., MINIMUM 25 FT. CM Futch stated that he will oppose the motion because he agrees with the Planning Commission recommendations. THE MOTION PASSED 3-1 (Cm Futch dissenting). COUNCIL REFERRAL RE l4th GEN. PLAN AMEND. Mr. Musso explained that the General Plan amendment (l4th) was referred back to the Planning Commission because the Council previously changed the proposed land use at the corner of East Avenue and Vasco Road from multiple residential to industrial. The Planning eommission reaffirmed its original position to designate the land use from Urban Low to Multiple Low (8 d.u./ac.), listing specific findings having to do with the separation of this area from the other industrial area by streets, inconsistency with adjaw cent land use, the incompatibility of this use in a residential area and setting a precedent for industrial next to the OGO property who might later wish to develop industrial. Also, if it is kept residential the channel development could be consistent. CM TURNER MOVED TO DESIGNATE THE LAND TO INDUSTRIAL USE BASED ON PREVIOUS COMMENTS FROM COUNCIL MEETING DISCUSSION, SECONDED BY CM MILLER. em Futch stated that, again, he would have to disagree because the Council is continuously overriding the Planning Commission recom- mendations. Cm Tirsell stated that she would disagree also but would vote i~/ ~ favor of the motionA~acilitate Council business~~~~ .~ ~ ~. M-/o/,~ em Turner stated that he would like to go on record as saying that it is not true the Council always opposes what the Planning Commis- sion recommends and em Futch indicated that it has on the last two items this evening. Mr. Musso explained that in conjunction with the amendment there is an EIR report that should be certified and in it is a resolution including adoption of the General Plan and certification to the EIR. AT THIS TIME THE COUNeIL VOTED 3-l IN FAVOR OF THE MOTION WITH CM. FUTCH DISSENTING. (Mayor Pritchard absent) CM-29-26 October 7, 1974 CM MILLER MOVED TO APPROVE THE RESOLUTION REGARDING THE ENVIRON- MENTAL IMPACT REPORT, SEeONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. .--- RESOLUTION NO. l58-74 A RESOLUTION AMENDING THE INDUSTRIAL ELEMENTS AND LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL PLAN OF THE eITY OF LIVERMORE. DISCUSSION RE SPECIFIC PLAN PROGRAM There was brief discussion regarding the schedule of Specific Plans with respect to the General Plan and Cm Miller mentioned that there should be a change on the map to indicate that an area on East Avenue should be industrial rather than residential, and Mr. Musso explained that the wording would be changed in the text. Cm Turner stated that he would like the records to show that the scheduling for the Specific Plans are very important and if there is to be any deviation from the schedule the Council would appreciate an explanation as to why there is a change. PLANNING eOMMISSION MINUTES OF 9/24 The minutes for the Planning Commission's meeting of September 24th were noted for filing. REPORT RE POLICE-LIBRARY LIGHTS FOR PARKING LOT The Public Works Director reported that the matter of the parking lot lights for the Police Department and Library were referred to the Design Review Committee who recommended that the lighting as proposed by the Director of Public Works be approved with a color on the poles to compliment the color of the fixturesi that the height above the parking lot grade not exceed 25 feeti and that the color of the light be uniform and white. CM MILLER MOVED THAT THE LIGHT STRUCTURES BE APPROVED BUT WITH THE HEIGHT THAT WAS RECOMMENDED BY THE DESIGN REVIEW COMMITTEE FOR NOT TO ExeEED 25 FT. Cm Turner stated that he would oppose the motion because he feels lights mounted on the police building would light the parking lot. MOTION PASSED 3-1 (Cm Turner dissenting and Mayor Pritchard absent). REPORT RE ZOo ORD. FEES Mr. Musso reported that over the past years we have had occasion to refund fees for various reasons. There have also been times people have applied for permits they did not need or withdrew appli- cations. CM-29-27 October 7, 1974 (re ZOo ORD. FEES) He stated that the Planning Department has been giving refunds for these types of things and would like to put into the ordinance what procedure is followed. He added that there is also the matter of a variance required due to staff error which should be discussed. The fee is $40 for a variance application and is a rather large fee. ~, . ) ./ em Turner stated that he has spoken with Mr. Musso relative to this matter and was informed that there are only two or three errors made during a calendar year - when it is busy. He would suggest submitting a report on any automatic variance with reasons why a variance is given, when staff error is involved, and if there are many then a different suggestion can be considered. em Miller stated that a mistake by the staff does not justify a violation of the ordinance in his opinion. If the ordinance is violated, the fact that the staff approved something by error is not a justification for granting a variance. He pointed out that there has been a court case, essentially to this point, which said that the project could not go through automatically and he stated that he does not believe the City should grant variances when our ordinances are violated and the point is, everyone must be more careful. Cm Tirsell stated that she doesn't know the magnitude of variances that may be required and certainly does not want to be confronted by people wanting a variance over different issues. em Miller stated there are only four grounds by which a variance can be granted and none of them are satisfied by a staff error. He stated that allowance of variances due to staff error is an invitation to bribery, and would be absolutely wrong. eM MILLER MOVED THAT THE ITEM BE TABLED, SEeONDED BY CM FUTCH WHIeH FAILED 2-2 (em Turner and Tirsell dissenting, Mayor Pritchard absent) . CM TIRSELL MOVED THAT THE FEE FOR A VARIANCE APPLICATION BE WAIVED WHEN A MAJOR MISTAKE HAS BEEN MADE BY THE STAFF, SECONDED BY CM TURNER WHICH PASSED 3-1 (Cm Miller dissenting>. CM MILLER MOVED TO DIRECT THE STAFF TO PROPOSE SOME PORTION TO BE REFUNDED IN THE EVENT AN APPLICATION IS WITHDRAWN PRIOR TO PROCESSING AND THAT REIMBURSEMENT OF FEE BE DONE IN THE EVENT AN APPLICATION IS FOUND NOT TO HAVE BEEN REQUIRED BUT WAS INSISTED UPON BY THE eITY, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. REPORT RE SPECIAL CENSUS Mr. Parness reported that the questions to be asked during a proposed special census are very important to the City of Livermore not only for what information will be obtained for planning purposes but also for foundation material for a new federal program that the City is going to try to qualify for which is the eommunity Develop- ment Act. This requires a great deal of information about such items as housing provisions and general poverty levels including incomes and employment status. We are entitled to four questions and those listed by the Planning Director are very important. em Miller asked if the City is entitled, legally, to ask the race ethnics question and em Tirsell commented that this is the way an ethnic spread is determined. CM-29-28 October 7, 1974 (re Special Census) Mr. Musso stated that some of the questions may not be asked and the state will have to answer some questions as to what can be asked. /~ Mr. Musso stated that he went down a list of the state's ques- tions and came up with those submitted to the eouncil for review to be used for planning, industrial promotion and other purposes. CM TIRSELL MOVED THAT THE QUESTIONS SUBMITTED BE APPROVED FOR USE IN TAKING A CENSUS, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY. Mr. Musso stated that the Council will have another chance to re- view the census questions and Mr. Parness reported that LARPD has agreed to let these people use one of their buildings for the length of time this will take. REPORT RE TRANSFER OF STORM DRAIN FUNDS RE TRACT 3285 The City Manager reported that at the last meeting the question was raised as to the disposition of fees for Tract 3285 which were used for public works improvements, as approved by the City Council and whether or not the City Council wishes to reimburse the park fund (to which the funds were to have been credited) in the amount of $6,527. CM MILLER MOVED TO TRANSFER $6,527 PLUS THE INTEREST SINCE 1971, FROM THE STORM DRAIN FUND TO THE PARK FUND, SECONDED BY CM TURNER AND WHIeH PASSED UNANIMOUSLY. DESIGNATION OF VOTING MEMBER - LEAGUE OF CALIF- ORNIA CITIES A motion is in order designating a voting delegate for the annual conference of the League of California Cities. It was noted that the Mayor plans to attend this conference and that there should be an alternate delegate. CM TURNER MOVED THAT MAYOR PRITCHARD BE THE OFFICIAL DELEGATE FROM THE CITY OF LIVERMORE TO VOTE AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE WITH CM TURNER AS THE ALTERNATE, SECONDED BY CM TIRSELL WHIeH PASSED BY UNANIMOUS VOTE. REPORT FROM PUB. WORKS DIR. RE MISC. ITEMS A report was submitted from the Director of Public Works as to the status of l) the First Street traffic signalsi 2) the complaint regarding the Enos-Portola Avenue apartmentsi and 3) the complaint regarding hitching posts in the downtown area. It was noted that no action is required. ORD . RE TRAINS BLOCKING STREETS ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE RELATIVE TO TRAINS BLOCKING STREETS WAS ADOPTED. CM-29-29 .. --,... _",--~.-.'" ._.".,.._._--_.._-._-_._-".~.._.._---_.~_....-...~-_.-,._---,--_.__._._._.,"-~""~....._~..... .,-~ ..............----..'- October 7, 1974 ORDINANCE NO. 851 AN ORDINANCE AMENDING ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER l3, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY eODE, 1959, BY THE REPEAL OF SECTION l3.20, RELATING TO THE PROHIBITION OF RAILWAY TRAINS BLOCKING STREETS. (' "'- INTRODUCTION OF ORD. RE NORTH FRONT ROAD ANNEX NO. 1 ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANeE RELATIVE TO ZONING OF NORTH FRONT ROAD, ANNEX NO.1, WAS INTRODUCED AND READ BY TITLE ONLY. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 30 a.m. ATTEST ~ Cl.ty Cler Livermore, California APPROVE Special Meeting - October lO, 1974 A special meeting of the City Council was called by Mayor Pritchard and convened at 5:00 p.m. on Thursday, October 10, 1974, in the City Hall Conference room, 2250 First Street. The purpose of the meeting was: Executive session to consider labor negotiations. Present: em Turner, Miller, Futch, Tirsell and Mayor Pritchard Absent: None No action p.m. APPROVE ATTEST ~--"", CM-29-30 Regular Meeting of October 15, 1974 A regular meeting of the City Council of the City of Livermore was held on October l5, 1974, 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 ALLEGIANeE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. OPEN FORUM (Performance Dedicated to Governing Officials) Russell Graff, representative of the Cask and Mask and the Granada Players stated that they intend to dedicate a performance of "The Skin of Our Teeth" to all the governing bodies in the valley and designate Saturday, November 9, 1974, as "big shot" night and in- vited the Council and City Staff to attend this performance. (re Situation re Mike Pompileo) Terry Hogan, 1157 Lucille, teacher at Junction Avenue School, stated that he is present this evening with Karen Hampel of Livermore High School with concern for Mike Pompileo and would like to see if some- thing could be done to obtain his release from Napa State Hospital. He would like to see Mr. pompileo be allowed to return to Livermore without interruption related to his habits and life-style, but within the law. He mentioned that he has received a number of telephone calls from interested people in the Bay Area who are wondering how the people of Livermore will react to this matter. He asked that there be some type of endorsement from the City Council to support community efforts on behalf of Mr. Pompileo. Karen Hampel explained that she intends to distribute containers around Livermore so that people can make donations to help pay lawyer fees and other fees that might be involved in this case. Mayor Pritchard explained that the problems Mr. Pompileo is having are being handled by other agencies and the court and in his opinion everyone is sYmpathetic with what is happening and would like to see him return to Livermore. CM MILLER MOVED TO ENDORSE SUPPORT FOR ACTIVITIES ON BEHALF OF MIKE POMPILEO, SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY. (Request for Use of Vacant Lot at So. Livermore & First St.) Keith Miser, 269 Junction Avenue, on behalf of the Salt Shaker, the drop- in center for youths asked if they could have permission to use the vacant lot on the southeast corner of South Livermore and First Street on October 26th for l~ hours for a street rally. Mayor Pritchard pointed out that this is public property and asked the City's legal position and Mr. Engel stated that the Council is neither obligated to permit or deny use of the property. CM-29-3l October 15, 1974 (Request for Use of Lot) Captain Essex commented that during the time "J" Street was closed for the purpose of a street rally for the Salt Shakers it was very orderly and there were no problems. em Miller mentioned possible insurance liability and the eity Attor- ney commented that this should be looked into. CM FUTCH MOVED THAT THE CITY COUNCIL APPROVE USE OF THE PARCEL, SUBJECT TO ADEQUATE INSURANCE COVERAGE WITH THESE DETAILS BEING LEFT TO THE STAFF, SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. CONTINUED P.H. RE PRO- POSED REZONING OF KITTYHAWK ROAD A hearing has been scheduled for possible rezoning of east and west sides of Kittyhawk Road to I District. The owners have requested that the public hearing be continued to October 28th. ON MOTION OF CM TURNER, SECONDED BY eM TIRSELL AND BY A 4-1 VOTE (Cm Miller dissenting because the owners asked for a continuance to watch the World Series) THE PUBLIC HEARING WAS eONTINUED TO NOVEMBER 4TH. CONSENT CALENDAR Payroll & Claims There were l25 claims in the amount of $580,688.13, and 273 pay- roll checks in the amount of $83,3l0.98, for a total of $663,999.ll, dated October lO, 1974, approved and ordered paid by the City Manager. Resolutions of Appointments The following resolutions were adopted appointing members to various committees: RESOLUTION NO. l59-74 A RESOLUTION APPOINTING MEMBERS TO AIRPORT ADVISORY eOMMITTEE (William Zagotta and Darryl H. Mailander) RESOLUTION NO. 160-74 APPOINTMENT OF MEMBERS TO THE LIBRARY BOARD (James Dimmick and Clifford Marcussen) RESOLUTION N0. 161-74 A RESOLUTION APPOINTING MEMBERS TO GOLF eOURSE GREENS COMMITTEE (Robert B. Shroyer and Leo Meisner) RESOLUTION NO. l62-74 A RESOLUTION APPOINTING MEMBERS TO THE NOISE ABATEMENT COMMITTEE (Burt Gasten, LaVerne Cave, Richard Marsh, Franklin Halasz, Bob Anderson) RESOLUTION NO. 163-74 A RESOLUTION APPOINTING MEMBER TO LIVERMORE RECREATION CORPORATION BOARD (Robert A. Rumberger) CM-29-32 October l5, 1974 Report re Architec- tural Services (Fire Stations #1 and #4 The City Manager reported that an agreement has been prepared with the necessary modifications to include consultant arrangement with a second architectural firm for services related to the design for the new fire stations. The fee is based upon an hourly fixed rate with a fixed maximum and is approximately 8~% of the construction cost, which is in accord with the standard AIA approved rate curves. It is recommended that the City Council adopt a resolution authoriz- ing execution of the agreement. RESOLUTION NO. 164-74 A RESOLUTION AUTHORIZING EXECTUION OF AN AGREEMENT (Associated Professions). It should be noted that Cm Miller dissented from the vote on this resolution due to reasons stated at the previous meeting. Report re Untreated Water Supply Agreement - Zone 7, Golf eourse A report regarding the new five year contract with Zone 7 for untreat- ed water service to the Springtown Golf Course was submitted to the Council which included the rate schedule until December 3l, 1974. It is recommended that the Council adopt a resolution authorizing execution of the agreement. RESOLUTION NO. 165-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT Report re Personnel Rule Modification The eity Manager reported that because of the City's participation in the new "shared recruitment and testing" with the County of Alameda, it is necessary to modify our personnel rules accordingly and it is recommended that a resolution be adopted authorizing such change. RESOLUTION NO. 166-74 A RESOLUTION AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE eITY OF LIVERMORE, RELATING TO PERSONNEL RECRUITMENT Report re Vehicle Bids The City Manager reported that bids for motor vehicle equipment were solicited and six vendors were asked to participatei however only two responded and there were no bids for police vehicles. . An appeal has been made to the State Purchasing Department to allow purchase of police vehicles under the State bid, which will be received on October l8th. After the bid date three vendors indicated that they would like to submit bids for the police vehicles which will be received this week and a report will be made to the Council at the next meeting. It is recommended that bids be awarded to low bidder, as indicated: eM-29-33 October l5, 1974 (Report re Vehicle Bids) Codiroli Ford Goe Sales 3/4 ton truck with utility body No Bid $5,849.97 1 ton truck with utility body (alternate) $6,254.18 $6,470.55 3/4 ton crew cab truck 3/4 ton flatbed truck with dual rear tires $5,9l0.43* $5,855.96 $6,689.89 $6,l8l.68* 1975 model four door compact sedan $3,899.32 No Bid 3/4 ton truck with styleside bed $4,651.76 $5,ll2.35 * One ton truck offered Those underscored are recommended to receive award of bid and the 1975 model four-door sedan will not be purchased. Report re Burning Embers/Pizza Arcade The eity Attorney reported that he visited the Embers Cocktail Lounge located at 4094 East Avenue to ascertain whether the opera- tors of the restaurant/bar were complying with the agreement to post a sign indicating that food is available in the lounge. A sign was posted but the lighting was so poor that it was hard to read. Mr. Engel spoke with the operator of the bar regarding the sign and he has promised to make the sign more prominent and would also add a sign at the other entrance to the bar. The Planning Director has indicated that the sign regulation is the only viola- tion of which he is aware and the staff will await further instruc- tions relative to this matter, from the Council. APPROVAL OF eON SENT CALENDAR ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE eONSENT CALENDAR WAS APPROVED WITH THE DELETION OF ITEM 2.7 RE- LATIVE TO AN EASEMENT FOR THE WATER COMPANY, AND 2.8 RELATED TO BONDING IMPROVEMENTS FOR NAYLOR AVENUE, AND WITH CM MILLER DISSENT- ING FROM THE VOTE OF APPROVAL ON ITEM 2.3 AUTHORIZING EXECUTION OF AGREEMENT WITH ASSOCIATED PROFESSIONS. REPORT RE LIVERMORE GARDENS APARTMENTS - RE SCHOOL FEE The matter of the Livermore Gardens Apartments was continued from the meeting of October 7th to permit the staff to negotiate with the applicant on certain fee paYment requirements. The Mayor stated that the developers and the City have come to an agreement. The developer has agreed to supply school fees in the amount of $27,500. CM MILLER MOVED THAT THE COUNeIL AeCEPT THIS AGREEMENT, SUBJECT TO BEING PUT IN WRITING, SECONDED BY CM TURNER. Bud Steers, 5172 Theresa Way, with the Rhonewood Park Homeowners Association, asked how the Council and developer would justify, to the other home owners in Livermore, the reduction in the amount of money they will supply to the School District for classroom facilities. He indicated that he has circulated a petition with eM-29-34 October 15, 1974 (Garden Apartments re School Fee) signatures of 339 home owners who object to a reduction of school fees, per unit, for this apartment complex. Mayor Pritchard commented that Mr. Steer's points are very well taken but the City has been involved in legalities concerning this development, as the way the ordinance is written, apartment houses are excluded from a school fee and this was done by agree- ment in the first place by the first developer. He then asked the City Attorney to explain the process and what occurred up to this point. Mr. Engel explained the matter and the reasons the Council feels the $27,500 is an acceptable compromise, if the motion passes. Mr. Steers suggested that something be done to close loopholes such as this. em Futch commented that this will not be setting a precedent because the Council intends to adopt regulations that would close loopholes. Cm Miller also added that this type of thing will not be allowed in subsequent development. Jim Saddler, also with the Rhonewood Homeowners Association asked how the figure was arrived at and expressed concern for overcrowded conditions in this area presently. It was explained that the figure was agreed upon through difficult negotiations and that someone would explain this to him during a break, in detail. AT THIS TIME THE MOTION TO ACCEPT THE NEGOTIATED FEE PASSED BY UNANIMOUS VOTE. There was then discussion regarding the development agreement and condemnations, and em Miller stated that he has always felt it is wrong to use public power of condemnation for private purposes. Mr. Engel explained that he does not view the clause related to this as permitting the lending of the City's power of condemnation to the developer. The only condemnation permissible would be for a public purpose, determined by the Council after passing a resolu- tion of convenience and necessity. Cm Futch stated that the channel is being acquired for both flood control and recreational purposes and this would appear to be a public purpose. Cm Miller asked if the City Attorney feels it would be preferable to delete the last clause, and Mr. Engel replied that he was being asked a policy drafting question and his inclination would be to say yes. Cm Futch stated that seemed reasonable and it included the intent he had in mind, concerning deletion of the last sentence. em Futch stated it has been agreed they would not require undergrounding or any cost associated with that, but assumed in order that this pro- perty not have the pull boxes, perhaps they could consider adding that at this time at City expense, and Cm Tirsell stated she had the same question. Mr. Lee stated it would be desirable to have the pull boxes placed at this time as it would be more expensive if it is done at a later time. He would recommend that the street lights and pulls be installed. efJt-29-35 October l5, 1974 (Gardens Apartments) em Futch stated that the Council should consider installing the pull boxes and conduit at eity expense, assuming it would be agreeable with the applicant. Cm Futch also suggested that on page 3, p. C the last sentence should read: "The final design shall be subject to City eouncil approval." eM FUTCH MOVED THAT WITH THOSE ADDITIONS AND DELETIONS, THE eOUNCIL ADOPT THE AGREEMENT, SECONDED BY CM MILLER. Mr. Lee stated he would like the eouncil to consider the bikeways that are presently in the plans along the north side of the roadway, and em Futch asked if that could be discussed at another time, in- dicating that if they should wish to delete that, it could be done at a later time, as he had some questions in that regard. Cm Turner spoke of the school fee, stating that he lived in that area and if there was any way of imposing the $800 fee, it would have been imposed as every avenue was pursued before coming to an agreement. Mr. Robert Hirsch asked for one privilege regarding the agreement, i.e. em Futch's suggestion to have the channel design subject to the Council final review, remarking that a plan had been presented to the Council earlier in the year detailing the design at 225 feet of right-of-way, and he asked if the eouncil would leave this to the staff. He com- mented that he would have a problem getting this done in nine months as it is. Mayor Pritchard asked if the agreement followed the plans that had been adopted by the Council, and Mr. Lee stated that it did and there are very definite guidelines to follow. Mayor Pritchard asked if it wasn't their intention to follow the City's adopted trailway plan, and Mr. Hirsch stated they would follow that lOO%, however they would not be able to proceed, after it is completely reviewed by staff and all pickup done on the plans, until it was formally presented and accepted by the City in a motion because that is what would be attach- ed to the condition. He was not concerned informally with having it presented to the City at any point along the way, but was only con- cerned about even a few weeks being critical as far as their time schedule. A VOTE WAS TAKEN ON THE MOTION AT THIS TIME AND PASSED UNANIMOUSLY. PETITION RE STREET CRUISING A petition was signed by a group of teenagers who feel that the local police are using double standards with regard to cruising on First Street and that the teenagers are being penalized and adults are not. The Police ehief has submitted a reply, listing typical incidents of the activities occurring. Mayor Pritchard commented that the Council has no intention of depriving any of the citizens, and especially the younger citizens, of rights enjoyed by anyone and everyone else, stating that he, too, had cruised when he was a kid on l4th Street in Oakland, however, he was not sure it was a wise thing to do now in this day of gas economy. He felt the problem was that a small minority of those indulging in this pastime were making it difficult for the majority. He asked ehief Lindgren to expand upon his report at this time, and then he would call upon those in the audience who wished to speak. Chief Lindgren stated that rather than read the memo, he just wished to emphasize the position of the Police Department, which is that they are not opposed at all to cruising, but they are opposed to violations of the law. The police have the right to protect the young people, but equally they have a right to protect CM-29-36 October l5, 1974 (Street Cruising) property owners and the other people using the state highway for other purposes. Mayor Pritchard mentioned that the Chief's points had been covered in the newspaperi also that he had been contacted by businessmen, stat- ing they have been harrassed and he mentioned several specific incidents. Denise Houser stated there is nothing to do in Livermore except to cruise, but she admitted there are some of the youths who do not obey the laws. She is upset because the police look for things that are unimportant such as use of turn signals and cited an incident wherein a police officer had not used a signal. The Mayor pointed out that there is a complaint form which can be used in such instances as this, and the complaint will be pursued. Nancy Rohn stated her purpose in circulating the petition was not to condone illegal and unsafe practices on First Street, nor to claim First Street as a playground for teenagers. She understood that a few people spoil things for the majority. Her point is that if her mother drove down First Street on a cruising night she would not be stopped and questioned. She stated she knew of four alcoholics in the vicinity of her home who have driven frequently under the in- fluence of alcohol and never lost their driver's license even though one was arrested twice in a six month period. With regard to the street being a highway, she did not think teenage drivers should be faulted for their use of an arterial highway because of inept planning of adults who would have a highway running through the middle of town. She also spoke to the needless driving issue, and felt adults should set an example, that cruising brought business to some of the res- taurants, and she stated there were a lot of ways that littering could be eliminated. Rene Brigsby stated that at the place she works, kids party in the parking lot, and there are beer cans stacked up after a Friday or Saturday night because they take in the garbage cans at night, but she feels that her boss understands. Another point she brought up was the fact that there is nothing for the kids to do, and it is not their intention to make everyone mad at them, they just want something to do and to meet with their friends, and felt it was the attitude of the adults in general regarding cruising rather than the action of the police department. Mayor Pritchard felt that the young people in the audience and the members of the police department for the most part got along well, and it is not the idea of stopping the cruising, but when the laws are being broken the police have to do something about it. He advised the youngsters that if they felt they were being harrassed unnecessar- ily, there are ways the situation can be investigated and taken care of, but to date there have been no specific charges of harrassment, and if there are such instances, the Police ehief and eouncil would like to be informed. The Mayor suggested that the youngsters contact the LARPD and ask them to provide means of recreation for the teen- agers of the community. Terry Alexander remarked that it had been stated by Nancy that if her mother were cruising she would not be stopped and questioned, however, she was stopped in Kinney's parking lot, where she had parked to check if she had her checkbook, probably because she was driving a 12 year old VW and had long straight hair, and the officer apologized when he realized she was an adult. She felt that the teenagers do have a point and that perhaps they are checked more. Steve Baldwin stated he was with a friend whose car had stalled, and they were asked to move it although they were unable to do so, and eM-29-37 October l5, 1974 (Street Cruising) felt they were being unduly harrassed because the police are issuing tickets for loitering. He stated there are more cars parked than cruising, and felt there wouldn't be as much cruising if they were allowed to park and talk, and not get ticketed. Anita Wing felt that the problem was a communication gap between the teenagers and the adults until last week when a group she was with were contacted for blocking a sidewalk and being halfway on private property by an officer who was very rude because he thought they were being "smart", when actually they agreed they were in the wrong, in- dicating there is a communication gap which she felt could be correct- ed, if the teenagers and police department could get together. Mayor Pritchard felt that a liaison could be set up from the "cruisers" with the Police Department, and he was sure that most of the problems could be worked out with Chief Lindgren. Al Davis stated that he worked at Jack-in-the-Box and last Saturday night there were a lot of out of town cars parked in their lot with teenagers in them and because of this many elderly people did not want to go in there. The teenagers were asked to move out of the lot and many of them exhibit a negative attitude towards the Police Department. Kerri Norvill, stated that she and her boyfriend were cru1s1ng on First Street, were stopped because a tail light was out, and were told to find something else to do and to stop cruising on First Street which she felt was unfair because they have nothing else to do and were doing nothing wrong by driving around. Nancy Rohn stated that it is true a number of cruisers are from out of town and would like the Police Department to meet with the local teenagers to see what can be done. Mayor Pritchard thanked the teenagers for appearing and g1v1ng their views and for the suggestion to meet with the Police Department and added that the Council would be interested in hearing from teenagers on other subjects such as school problems and other problems in the City of Livermore. em Miller stated that he doesn't object to cruisers and feels that others share this view but he does object to vandalism and tomatoes being thrown at people minding their own business and that these types of incidents are the reasons the Police Department are stop- ping the teenagers and this is because of the minority of people who do these things and ruin everything for everybody else. He suggested that the kids try to get the vandals to stop doing these types of things because if they are local kids, the teenagers know who they are and who the trouble makers are and then the Police Department will not have to be out trying to protect innocent people against this kind of thing. Cm Turner stated that he spoke to 14 merchants along First Street who indicated that they have had no trouble with cruisers and the biggest concern of the merchants and teenagers as well is the fact that there is nothing else for them to do. He suggested that some- thing be done for them such as a center located in Carnegie Park, for example, that they could operate. Cm Tirsell stated that she would agree there should be something for the teenagers to dOi however, in her opinion if there were l52 activities for them they would still cruise because this is what they want to do and the teenagers in the audience agreed. She stated that she has been interested in seeing what is happen- ing in downtown Livermore in the evenings on First Street and CM-29-38 October 15, 1974 ~ (Street Cruising) went out with the Police Department to observe. She indicated that the reasons the police are patrolling and stopping the teenagers is because of the amount of vandalism and other things previously men- tioned. Cm Futch stated that it is apparent everyone agrees the laws should be enforced, uniformly, and regardless of age and would hope that the teenagers would believe this is the intent of the Police Dept. RECESS Mayor Pritchard called for a brief recess after which the eouncil meeting resumed with all members of the Council present. REPORT RE POLICE DEPT. FIELD INVESTIGATIONS The Chief of Police submitted a report regarding the Police Depart- ment Field Investigation procedures with an explanation that the goal of the investigation is to protect the community. Cm Miller stated that he agrees it is reasonable to question people if circumstances appear to be unusual and it is his understanding that persons questioned have been questioned in a polite manner by the policei however, the part that he is concerned about is the records that are being kept. He pointed out that the Constitution is aimed at individual rights and if this is our priority then taking down names at random and keeping them on file somehow doesn't seem right. He stated that sometimes one can find ones self so far down the road that you don't like the direction you have taken but it is too late to go back and we could end up by having the most repressive restrictions to individual rights, each of which was done in a piece- meal way and sounded reasonable at the time. We could end up in a totalitarian society in a certain number of years without having recognized that such is happening and until it is too late. Chief Lindgren explained that it is important to realize that this is not a new procedure nor is it unique for Livermore. It is a universally accepted, court sanctioned, constitutionally acceptable, police procedure and at no time does anyone acquire a police record by having such a card filled out when he is questioned. This is simply a method of allowing the detectives to have information as to what the policemen are doing, and many times this has been used to obtain witnesses to crimes. At the end of thirty days these cards are destroyed and all information is destroyed. Mayor Pritchard asked that two members of the Council meet with Chief Lindgren to discuss this in more detail and possibly talk about some alternatives or at least that this procedure be done in such a way that everyone can be assured their rights are being protected. Cm Turner and Miller agreed to meet with Chief Lindgren to discuss the matter further, with no action required on the part of the eouncil. em Tirsell remarked that in trying to curb crime it appears the individual rights of the majority of those who are innocent are being impinged ~pon and as an individual one is losing some freedom to come and go. She stated that she would like to see individual rights and freedoms preserved, regardless of the threat of rising crime. CM-29-39 October l5, 1974 REPORT RE POLICE DEPT. COMPLAINT FORM A question had been reaised as to the necessity of various questions asked of an individual making a complaint about the police Department on the complaint form, and a revised form was submitted to the eity Council for review. Mayor Pritchard felt the new suggested wording is good but em Turner felt people would be hesitant to fill out a complaint form with this wording used. Cm Futch felt the portion related to possibly being subjected to a lie detector test should be deleted and that, personally, he could not be in favor of polygraph examination of citizens. Chief Lindgren commented that this form is following a state statute requirement that each city in the state have a written complaint pro- cedure form by January 1, 1975. Cm Futch pointed out that anyone is subject to criticism, those on the Council, as public servants, are subject to criticism and the police Department should be no exception - a certain amount is ex- pected and he feels it is not right to require a polygraph examina- tion because someone wants to make a complaint. Chief Lindgren stated that the person making the complaint would not be subject to a polygraph test automatically. He would be asked if he would agree to one only after the police officer involved had first taken such a test. Cm Futch felt if this is the case it shouldn't be mentioned and if one declines to take the test he is sure this would be noted and would give the impression that he might not be telling the truth. Ghief Lindgren explained that this is simply a method used to help the Chief of police determine the truth of the matter related to the complaint incident. It was noted that the Council delegates will be meeting with Chief Lindgren to discuss this item in addition to the field investigation matter. REPORT RE BONDING IMPROVE- MENTS FOR NAYLOR AVENUE em Miller stated that he asked that the item concerning bonding of improvements for Naylor Avenue be removed from the Consent ealendar because he does not like bonding. He stated that we have had a lot of trouble with bonds and in his opinion improvements should either be done or not required. If a bond is going to last for some length of time there had better be a good estimate of what the work will cost because a bond often doesn't do any good at the end of five years with half the money necessary to complete a project. Mr. Lee explained that in most cases there is no problem with bonding but there have been occasions for which the work has not been done by the time the completion date has expired. Mayor Pritchard stated that if the Council feels certain work does not need to be done immediately, what alternative would the Council have other than requiring a bond and Mr. Lee stated that there could be a cash performance bond. Cm Turner remarked that bonding companies generally do not pro- vide bonds for people they feel will not perform. CM-29-40 October 15, 1974 (Bonding Improvements for Naylor Avenue) Cm Tirsell felt if the Council intends to abandon the practice of bonding it will eliminate a lot of industrial construction and ex- pansion of commercial facilities the City wants. eM TURNER MOVED TO DIRECT THE STAFF TO PREPARE THE DRAFT OF THE AGREEMENT, INCORPORATING THE ITEMS MR. LEE HAS PRESENTED IN WRITTEN FORM, SUBJECT TO REVIEW BY THE CITY ATTORNEY, SECONDED BY CM TIRSELL AND PASSED 4-1 (em Miller dissenting) . Prior to the vote Mayor Pritchard stated that the points made by em Miller are well taken but inasmuch as there is no alternative there isn't much choice other than to allow bonding for improvements not required immediately and also that most of the problems the City has had with respect to bonding for improvements has been with resi- dential development. REPORT RE EASEMENT TO CALIF. WATER SERVICE em Miller stated that he asked that the matter related to an easement to California Water Service Company, inside a park, be removed from the Consent Calendar because he feels it should be referred to LARPD to see what affect this will have on their plans, and also the matter of the token consideration. He stated if California Water wants an easement, let them pay for it. Mr. Tieke, from California Water Service, stated that they are anxious to get the matter of the easement resolved and they have been in touch with LARPD regarding the easement and that they have no objections to the easement to California Water Service. He stated that if the Council wishes they can refer the matter to LARPD but would prefer that a fee be set this evening for the easement so they could proceed. em Turner stated that Mr. Lee had mentioned a "token fee" in his report and wondered what the normal procedure generally is and Mr. Lee stated that a token fee is $l - a token fee can be $l, $5 or $lO or whatever. He pointed out that if the eity requires payment for the value of it, it will still end up a token amount because it is only about l,200 sq. ft., which would calculate to approximately $60. Mr. Tieke explained that the City will receive a construction fee in addition to any fee they might pay for the easement and em Miller felt this would be satisfactory. Mayor Pritchard pointed out the City would probably have to spend considerably more than $60 to find out if it's worth $60. CM MILLER MOVED TO GRANT THE EASEMENT SUBJECT TO THE APPROVAL OF LARPD AND TO eHARGE $60 FOR THE EASEMENT, SECONDED BY CM TURNER, AND FAILED 2-3 (Cm Tirsell, Futch and Pritchard dissenting). CM FUTeH MOVED TO GRANT THE EASEMENT, SUBJECT TO CONSIDERATION OF LARPD AND WITH A CHARGE OF A TOKEN FEE, SECONDED BY CM TIRSELL AND PASSED 3-2 (Cm Miller and Turner dissenting). ( Mayor Pritchard stated that he voted for this motion only to expedite business. RESOLUTION NO. l67-74 A RESOLUTION AUTHORIZING EASEMENT TO CALIFORNIA WATER SERVICE COMPANY. CM-29-4l October l5, 1974 REPORT RE CROSSWALK AT PORTOLA AVENUE Mayor Pritchard stated that there has been a request for a cross- walk in front of portola School which Mr. Lee explained. There is presently a crosswalk located on portola Avenue east of Enos Way at Royal Road with an adult crossing guard. There have been complaints because it is felt it is inconvenient for children to cross at this area because they then have to cross again at Enos Way where there is no crossing guard. Also there is a problem of vehicular speed at that particular point with the westbound traffic on portola Avenue. He stated that he would recommend not allowing the crossing in the middle of the block, as requested, because motorists are not expecting children to cross in the middle of the block and the hazards would be even more probable during the off school hours. This crosswalk would also be too close to a controlled intersection at North Livermore Avenue and Portola Avenue. It is therefore recommended that the crosswalk be moved to the Enos and Portola intersection on the west side of Enos Way. CM FUTCH MOVED TO ADOPT THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR, SEeONDED BY eM TIRSELL. Cm Turner stated that he has been out to the area and there is a problem with the children crossing at Royal Road and then hav- ing to cross at Enos where there is a very wide intersection which is not controlled, and would be in favor of the crosswalk across from portola Avenue School. A spokesman for the property owners in favor of the crosswalk in front of the school explained that they feel this would be the best choice for a crosswalk and would suggest that there be red curbing in front of the school so that there is less con- gestion at that area and the children could safely be escorted across the street. em Turner explained that he did not realize Mr. Lee was recom- mending a change from Royal Road to Enos Avenue and this is the reason he was presenting an argument for a crosswalk across from the school. Cm Tirsell stated that the mid-block crosswalk on East Avenue is a hazardous crosswalk and would suggest that this not be done in this case if something else could be effective. em Miller stated that the majority of parents whose children use the crosswalk want a mid-block crosswalk and these are the people who see what the problem is and go with their children to school and he is willing to support their position and would vote against the motion. em Futch stated he has also talked to the parents and it is his feeling that it is not the majority that want the mid-block crosswalk. Mayor Pritchard stated that from talking with the people he would have to agree with em Miller. Mr. Lee stated that the important aspect of this matter is the fact of whether or not a mid-block would be safe and this should be the determining factor. CM FUTCH CALLED FOR THE QUESTION AND THE MOTION PASSED 4-l (Cm Miller dissenting). eM-29-42 October l5, 1974 COMMUNICATION FROM AERIE OF EAGLES A letter was received from the Livermore Aerie of Eagles inviting the Council and public to attend a presentation of the annual civic award to Mrs. Philomena Medeiros, on Tuesday, October 22, 1974. ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE, A RESOLUTION COMMENDING MRS. MEDEIROS WAS ADOPTED. RESOLUTION NO. l68-74 A RESOLUTION COMMENDING MRS. PHILOMENA MEDEIROS OUTSTANDING CITIZEN OF THE YEAR - 1974 COMMUNICATION FROM PLEASANTON RE KAISER DUMP PROPOSAL A letter was received from the Pleasanton City Attorney asking that the City of Livermore help share the financial costs of obtaining an engineer to make a study of the Kaiser dump proposal so that this information can be presented at the next County hearing. Cm Miller stated that he would consider giving money to help Pleasan- ton when they help pay for SAVE court costs but em Futch felt the matter should be considered on the merit of whether or not it is of valley-wide importance. Mayor Pritchard felt the City doesn't have funds available because of the SAVE suit costs and Cm Turner suggested that the City give moral support but not financial support. Cm Tirsell stated that she feels it probably is a worthwhile study but it is true that any city could call in one more consultant on something and then ask everyone to help pay for the cost of it. DISCUSSION RE ELLIOTT TRACT 3333, LOT 98 The Public Works Director reported that Lot 98 in Tract 3333 was reserved by the eouncil from permanent occupancy so as to permit internal street access if the property to the rear would not be used for high- way purposes. Mistakenly a permit was issued for a residence on the lot, however it has never been occupied. A request has been received to permit the use of this lot, on a temporary basis, until a final decision is made by the State of California for this portion of the subject right-of-way for the Isabel freeway. Mr. Lee explained that Mr. Elliott has asked that he be allowed to lease out or rent out this house and Mr. Lee feels this could be allowed as long as the City has the assurance that it has the right of access in the event the Isabel freeway is developed and that sufficient bonds are provided to assure that the house would be removed, in the event it is ever needed for a street. Mayor Pritchard stated that a house has been built there and it was very clear that there was to be no house built and that they should be refused occupancy. CM MILLER MOVED TO INSTRUCT THE STAFF TO REFUSE OCCUPANCY - the developers know what the situation is. MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. CM-29-43 October 15, 1974 DISCUSSION RE LOS ALTOS PARK The City Manager reported that LARPD has transmitted the design of the Los Altos park area, in accordance with the policy between the Park District and the City. The City Council is asked to approve the final improvement plan as to general design concept. Mr. Musso explained the City agreed that LARPD should do the site plan approval permit procedure for the park and a site plan approval permit was submitted. It is necessary that the Council give approval if the park development money is to be used. CM MILLER MOVED TO ADOPT THE PLAN SUBMITTED BY LARPD, SECONDED BY MAYOR PRITeHARD AND PASSED UNANIMOUSLY. DESIGN REVIEW COM- MITTEE GUIDELINES The matter of the Design Review Committee guidelines has been pending for several weeks and has been referred to the Planning Commission who has submitted their comments. With respect an addition: vide visible there should will be of a to landscaping, Cm Miller suggested that there be II. B. lO. Landscaping shall be of a size to pro- and protected landscaping immediately. He felt be some such provision insuring that landscaping modest size. It was mentioned that perhaps there could be different require- ments for sizes according to how fast a tree or shrub grows and that the Planning Commission should take this into con- sideration and that this suggestion should be referred to them. Cm Miller mentioned that in C. 2. of the same page it mentions that appurtenances should be neat and orderly, etc. "or" be appropriately screened and he felt this should be changed to "and" be appropriately screened. There was discussion regarding screening relative to prevailing winds and this was to be referred to the Planning Commission as well. CM FUTCH MOVED TO ADOPT THE GUIDELINES WITH THE TWO ITEMS MEN- TIONED FOR REFERRAL BACK TO THE PLANNING COMMISSION, FOR FURTHER REVIEW, AND TO THE DESIGN REVIEW COMMITTEE, SECONDED BY CM MILLER AND PASSED UNANIMOUSLY. REPORT RE FUTURE WIDTH LINES, ETC., FIRST ST. The Planning Commission reported that the referral regarding the proposed reestablishment of Future Width Lines and Special Building Setback Lines for a contemplated change for the align- ment of First Street between Railroad Avenue and Scott Street was considered and that it does concur with the proposed realign- ment. CM-29-44 October 15, 1974 (re Future Width Lines Along First Street) CM MILLER MOVED THAT THE RECOMMENDATION OF THE PLANNING COMMISSION BE ADOPTED, APPROVING THE REESTABLISHMENT OF FUTURE WIDTH AND SPEeIAL BUILDING SETBAeK LINES, SECONDED BY CM TIRSELL WHICH PASSED UNANIMOUSLY. SUMMARY OF P. C. ACTION A summary of Planning Commission action taken at their meeting of October 8, 1974, was noted for filing. INTRODUCTION OF ORD. RE BLDG. & FIRE CODE Both the 1973 Uniform Building eode and the Uniform Fire eodes are to be adopted and a hearing must be set in the interim between the introduction and adoption of the ordinance, as required by statute. November llth has been suggested as the hearing date and the Board of Appeals has reviewed both codes. Cm Tirsell pointed out that the Building ordinance refers to IM and ID Districts and wondered if they should be changed to I-l, I-2, or r I-3, and the eity Attorney explained that he would like the Building Code ordinance to be removed from the calendar because there are some errors and omissions and it needs to be redrafted. CM TURNER MOVED TO CONTINUE THE ITEM TO AN UNSPECIFIED DATE AND SCHEDULE A PUBLIC HEARING FOR THE BUILDING CODE ORDINANCE ON NOVEMBER 12TH, SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY. Cm Miller pointed out that the ordinance with respect to the Build- ing Code, gives the Building Inspector the option of waiving the requirement that boundary lines should be marked and in his opinion since there is a survey in the beginning, there should be markers to indicate to property owners, where their boundaries are located and that this should be specifically stated in the ordinance, and this suggestion was followed by discussion. Mr. Street suggested that since this is not part of the Building Code, if the Council wants this included in routine procedures that it be discussed separately from the adoption of the ordinance. It was concluded that the majority of the Council would like time to think about this and Mr. Engel stated that this would allow the City Attorney's office to come back to the Council with an updated Code, and repealing the old Section 6.1 of the local ordinance and adopt a new Section 6.1. Mr. Lee stated that in all cases the boundary lines are clear and the marker wouldn't be needed~ however, it is a decision the eouncil would have to make as a policy if they want it required. There are many times a property owner would like to know where his lot boundaries arei however, if the developer has to provide the survey at the end of the job which is what he would have to do, he is going to charge the buyer for this cost. It would have to be determined whether the benefit outweighs the cost, or not. ~ Cm Miller stated that if there is a vacant lot in an already crea- ted subdivision perhaps it would not be advisable to require lot line markers but to require them in all new subdivisions. AT THIS TIME THE COUNCIL VOTED UNANIMOUSLY TO SET THE MATTER FOR DISeUSSION AT AN UNSPECIFIED DATE AND TO SET THE PUBLIC HEARING FOR NOVEMBER l2TH. Mayor Pritchard commented that discussion has been related to the Building Code and that the Council will be discussing the Fire Code at this time. CM-29-45 October l5, 1974 (re Bldg. & Fire Codes) Cm Tirsell mentioned that there is mention of the IM Zoning in the Fire ordinance and wondered if this should be changed. There was discussion regarding I-l, 2, and 3 Zones and it was noted that if an area is marked heavy industrial on the General Plan the wording should be changed in the ordinance to state "heavy industrial as shown on the General Plan", with reference to storage of flammable liquids on Page 3. Assistant Chief Brown indicated that the concern of the Fire Depart- ment is to keep the storage of flammable liquids away from the commer- cial and industrial areas and Mr. Musso wondered if it would be accept- able to allow storage in any I zone at least 500 ft. from a residen- tial area. It was concluded that the staff should look at the wording and re- port back to the Council with their recommendations, and no action was taken at this time. ORD. RE NORTHFRONT RD. ANNEX NO. 1 On motion of em Miller, seconded by Cm Turner and by unanimous vote the ordinance amendment assigning zoning classifications to the recently annexed area known as Northfront Road Annex No. 1 was adopted. ORDINANCE NO. 852 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. (North front Road Annex No.1) CONTINUED DISCUSSION RE CN DISTRICT On motion of Cm Tirsell, seconded by Cm Turner and by unanimous vote, the continued discussion on the CN zoning was postponed until November l8th by unanimous vote. MATTERS INITIATED BY THE STAFF (Micronesia Visitors) Assistant City Manager, Don Bradley, explained that the Twin Valley Fire Training Academy, of which we are a part, will be participating in a program that will allow the visitation of members of fire fighters from Micronesia. The program will receive partial federal financing and Livermore fire fighters would like the concurrence of the City Council to allow hous- ing of 2-3 people from Micronesis for a period of up to four weeks at Station No.2, with very little cost involved. He com- mented that the staff will be looking into the insurance liability question of housing these people also. Assistant Chief Brown mentioned that these people are not citizens of the united States but rather are citizens of a territory set up by the United Nations and administered for the United Nations by the United States, and he gave some of the background on these people. CM-29-46 October 15, 1974 (re Micronesia Visitors) _o_CM TIRSELL MOVED TO AUTHORIZE USE OF FACILITIES TO HOUSE THE VISITORS FROM MIeRONESIA, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE. (Re Recent Case - Vaughn's Grocery vs. Supperior Court) The City Attorney stated that there has been a recent court case in which Vaughn's Grocery Company vs. Superior Court which has held on a 2-1 split decision: That a cause of action in inverse condemna- tion may be adequately raised by allegations that the mere rezoning of property amount to a taking or damaging of the property in ques- tion, when the value of that property has been reduced in value to a substantial degree as a result of that rezoning. He stated that the case petitioned for hearing will be filed in the Supreme Court of the State of California and city attorneys are upset over this and have asked if Livermore's name could be used in opposition to this and if Livermore could help financially to support the appeal. He stated that Livermore probably is already committed to enough contributions that we cannot offer financial assistance. em Miller stated that this is a very important matter and should deserve support because it could be disastrous. The City Attorney stated that several disastrous cases have come down lately, one of which is the one which made the finding that loss of business may well be compensable in a condemnation action. (Complaint re Murrieta- Olivina Crossing) Cm Turner stated that he received a complaint from George Wills who lives in the Murrieta-Olivina area and is concerned about there not being signalization at the intersection of Murrieta Boulevard and Olivina Street, and Mr. Lee was asked to comment on the status of a signal at this intersection. Mr. Lee explained that this was high on the City's priority list and then there was another intersection that came before it and would go back to the budget to check it and agreed to furnish a report on this intersection as well as the area between Stanley Boulevard and Olivina, as requested by the Council. (Beautification Committee Direction) em Turner stated that in talking with members of the Beautification Committee it is felt that they could use direction, and em Turner stated that he doesn't know if they even have goals. He stated that he feels the people's assets could better be put to use on this committee if they had more direction and authority and requested that this be scheduled on the agenda for discussion. ~'. (re Work Equipment Blocking Businesses) Cm Miller stated that people who are working on the track relocation project are leaving equipment in front of businesses when they are finished with their work and sometimes it is left in front of a place for the weekend and it just doesn't make sense for equipment to be left to block entrances and asked that the City make sure the contractor takes care of this problem. CM-29-47 - - - _._"-~-'--'--_._--".-.,. --.--...-.--.'.----------.. October l5, 1974 (Re Meeting Held with Greenville North Residents) Cm Futch stated that he and Cm Turner met with the people from the Greenville North area last night and they expressed concern over whether or not the City is proceeding as rapidly as possible in acquiring the park site for them, and asked if the papers have been filed. The City Attorney explained that the description was finalized on Friday, October llth, and the papers were filed this afternoon. Cm Futch suggested that this matter be scheduled on the agenda periodically, to inform the Council of the status of events tak- ing place in that area and suggested that the matter be scheduled for discussion in two weeks which will be after Mr. Parness has met with the land owner to negotiate the price for the land. Cm Futch pointed out that the park area was their main concern but feels the staff should be prepared to give some type of re- port on the following items: l) status of the community parki 2) bike pathi 3) Vasco Road problemsi 4) speeding garbage trucksi and 5) police not available in the area and not patrolling the area. Mr. Musso was asked to give a status report on the park for the people in the Proud Country area and Mr. Musso reported that we have more land than we are entitled to and should give some type of reimbursement. The one change is that the planning Commission has proposed a different site for the location of the park and Mr. Musso was then asked to furnish a written report on this item. (County Staff Report re New Town proposal) Cm Tirsell wondered if the County staff report has been received regarding the New Town proposal and Mr. Musso indicated that it has not been received, as yet, but would telephone the County tomorrow. Mr. Engel explained that he has spoken with Mr. Fraley who has indicated that the report will be available to the commissioners on the l7th but will not be available to the public until the l8th. It is his intention to obtain a copy for the Council on the morning of the lath. (re Support of Letter - VCSD re Restriction of Trucks) Lila Euler, Chairman of the Board of Directors for VCSD, sent the City Council a copy of her letter to the Department of Transporta- tion suggesting that truck traffic through the Dublin Canyon area be restricted during certain hours to help alleviate some of the present congestion. CM TIRSELL FELT THIS SUGGESTION IS VERY GOOD AND MOVED TO SUPPORT THIS STAND, SECONDED BY CM MILLER AND PASSED 3-2 (em Turner dis- senting and Mayor Pritchard abstaining). em Turner stated that he is not satisfied with the amount of infor- mation the Council has received to support the suggestion and would oppose the motion for this reason. CM-29-48 October 15, 1974 (re Trucks on I-580) It was noted that a letter would be sent to Mr. Lammers of CAL- TRANS relative to support of VCSD's position on restricting trucks through the canyon during certain hours. (re Hazards at the Intersection of Holmes Street and Vancouver) Mayor Pritchard stated that he has been receiving telephone calls from people over the hazards at the intersection of Holmes Street and Vancouver and noted that he did go out there to check out the situation and there is a definite problem because there is a grade prior to the intersection and is sure people are violating the speed limit. There are a number of small children who cross this intersec- tion and he has told people who have been calling that the City has done everything possible to get something done for that intersection. Children are really taking a chance by crossing there and even when they are in the cross-walk motorists do not stop for them and there are children crossing after the adult crossing guard is gone. Mr. Lee stated that he has contacted the State Traffic Engineer from San Franci~co and they are supposed to visit the site and from this can determine what is necessary at the intersection and will be be reporting back to the Council. ADJOURNMENT Mayor Pritchard adjourned the meeting at l2:05 a.m. to a brief executive session to discuss an appointment to the Beautification ::::ee. /ftZ~f2:~ ATTEST ~ (' CM-29-49 Regular Meeting of October 28, 1974 A regular meeting of the City Council of the City of Livermore was held on October 28, 1974, 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 Turner, Miller, Tirsell and Mayor Pritchard Absent: Cm Futch (Excused - Business) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. CORRECTIONS TO MINUTES Oct. 7, 1974: Page 26, fourth paragraph from the bottom should read: Cm Tirsell stated that she would disagree also but would vote in favor of the motion to facilitate Council business, since Mayor Pritchard was absent. .~ r.Y- Page~, seventh line down should read: of the smog but so do the new people who come here not realizing---etc. ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE THE MINUTES FOR THE MEETING OF OCTOBER 7, 1974, WERE APPROVED AS CORRECTED AND THE MINUTES OF OCTOBER 15th WERE APPROVED AS SUBMITTED. PROCLAMATION Prior to the open forum, Mayor Pritchard read a proclamation celebrat- ing friendship between the united States and Mexico and proclaiming the week of October 27 through November 2, 1974, Mexico-United States Friendship Week in Livermore, to be presented to the Kiwanis Club which will be sponsoring celebration events. OPEN FORUM (re Catch Basin Petition) Randy Giddings, 327l Leahy, stated that last year a petition was pre- sented to the Council by Mrs. Canniveri requesting some type of catch basin at the 6th street, East Avenue, crosswalk. Some pavement has been placed there and this has made the situation even worse. He stated that he went to the area during the recent rain and the water was about la-inches high and everybody's shoes and trousers were wet to the knees. He stated that he had to take dry pants to his brothers at Fifth Street School and that he also had to change clothes because of this crosswalk situation and asked if there isn't something that can be done. Mr. Lee explained that there is a sag in the street at that area and it was felt the added asphalt would solve the problem but it is true that the water has to travel too great a distance down East Avenue before reaching a storm drain. He explained that during heavy rains there is generally a backup of water in all areas of town. Cm Miller stated that there must be something that could be done to improve the situation at that spot and maybe it would be worth- while to look at this area during the next rain storm because it isn't very good to have children at school in wet clothes. eM-29-50 October 28, 1974 (East Ave. erosswalk) Mr. Lee stated that he will observe the area during the next rain and will report back to the Council if they would like. (Funds & Donations) Mrs. Lee eannaveri, 3l8l East Avenue, on behalf of the Society of American Indians, stated that some months ago the eouncil had voted against using tax dollars to support the rodeo parade and then reversed this decision because of pressure put on the eouncil by the public at a cost of $2,608. She stated that this was done to preserve the heritage of Livermore but reminded everyone that the Indians were here before the cowboys and that the American Indians will be holding an annual festival to celebrate the real heritage of the original inhabitants of our valley as well as to inform people about the arts, crafts, dances and food of the Indian people. She invited the people of the valley to attend the May festival, ,proceeds of which will be used to establish Indian scholarship funds. She asked that the Council allocate $500 towards the rental fees and other fees that accompany the costs for holding the festival since "heritage" seems to be the key word for receiving taxpayers funds. em Turner stated that he would have to think about whether or not the organization should receive the $500 and Cm Tirsell stated that the eouncil ha~established a policy which Should~apPlied - the policy is to be applied as each request is made. ullJJ. cMd:- "0.9 / '//:411- Mrs. Cannaveri was asked to present the item, in writing, to the City Clerk for scheduling on the agenda. PUBLIC HEARING RE ADDITION OF VEHIeLE TO TAXI CAB SERVICE There has been a request to add a fourth vehicle to the fleet of cabs for Tri-Valley Cab Company, and the Municipal Code requires that a public hearing be held for the purpose of hearing public testi- mony. The Chief of Police has reviewed the application and is agree- able to the addition of a vehicle and it is recommended that the eouncil adopt a motion approving addition of the vehicle. At this time Mayor Pritchard opened the public hearing for 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 eLOSED. ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE, APPROVAL WAS GIVEN FOR THE ADDITION OF A FOURTH VEHICLE FOR TRI- VALLEY CAB. CONSENT CALENDAR ~. Report re Job Classification Addition (Fire Department) The City Manager reported that at the last budget hearing the Fire Department added a new classification of Fire Inspector and it is recommended that the Council adopt a motion authorizing this new classification and change in title for the new employee. CM-29-5l .'-T------. . october 28, 1974 Report re Grade Separa- tion Project - Option Agreement (Marcella Rhew) The City Manager reported that an option agreement with respect to the grade separation project has been negotiated for the estate of Marcella Rhew and is in accordance with the appraisal and the relocation agents recommend its acceptance. It is recom- mended that the eouncil adopt a motion authorizing execution of an agreement, subject to review by the City Attorney. Report re Bids for police Vehicles The following bids were received for police vehicles and it is recommended that bids be awarded to those underscored: FREMONT DODGE DIABLO CHRYSLER VALLEY CHRYSLER CODIROLI FORD Eight 4-door sedans, Ford Torino $31,095.73 $3l,408.80 $32,583.19 $30,3l6.74 Three 4-door sedans, Plymouth Fury $l3,386.ll $l2,806.73 $14,353.89 $l3,204.59 One 4-door station wagon, Plymouth Fury No Bid $ 3,273.60 $ 4,l23.8l $ 4,357.45 Departmental Reports The following Departmental reports were received: Airport Activity - September Airport - Financial - Quarter Ending September Building Inspection Department - September Emergency Services - Quarter Ending September Finance Department - Revenues and Expenditures, Quarter Ending Sept. Golf Course - Las positas and Springtown - Quarter Ending September Library - Quarter Ending September Mosquito Abatement District - August Municipal Court - August and September police Department and Pound Department - September Water Reclamation Plant - September Notice of Completion Springtown Boulevard The Director of Public Works reported that the Springtown Boulevard extension project has been completed in accordance with the agreement between the City and S. E. Corporation, for Tract 2725 and it is recommended that the Council adopt a motion accepting the project and authorize filing of Notice of Completion. Res. of Appt. to Beautification eomm. The following resolution was adopted appointing Linda Galas to the Beautification Committee: RESOUTION NO. 169-74 A RESOLUTION APPOINTING LINDA GALAS TO THE eITY BEAUTIFICATION COMMITTEE CM-29-52 October 28, 1974 Minutes Minutes were received from the fOllowing and noted for filing: Beautification Committee - September 4, 1974 Planning Commission - October 8, 1974 Payroll & Claims There were l23 claims in the amount of $242,149.99 and 281 payroll checks in the amount of $83,735.18, for a total of $325,885.l7, dated October 23, 1974, and approved by the City Manager. MATTERS INITIATED BY THE STAFF (Census Questions) Mr. Musso stated that he has a list of the questions to be asked in the census and would like to review them with the eouncil later. (Homebuilders Suit) The eity Attorney read a letter received from the eity Attorney's Office of Glendale, California, with respect to the Homebuilders Suit decision offering assistance financially or in the form of research in appealing the decision. Mr. Engel stated that he would like to receive permission from the City Council to contact Richard W. Marsten, City Attorney, to request financial assistance, if possible, and an amicus brief on our petition for hearing in the Supreme Court. CM MILLER MOVED TO APPROVE THE CITY ATTORNEY'S REQUEST, SECONDED BY eM TIRSELL, WHICH PASSED UNANIMOUSLY. MATTERS INITIATED BY COUNCILMEMBERS (Resolution of Com- mendation City Attorney and Assistant) ON MOTION OF eM TURNER, SECONDED BY eM MILLER AND BY UNANIMOUS VOTE THE FOLLOWING RESOLUTIONS OF COMMENDATION WERE ADOPTED: RESOLUTION NO. l70-74 RESOLUTION COMMENDING THE SERVICES OF CITY ATTORNEY, MAURICE ENGEL RESOLUTION NO. 171-74 r , RESOLUTION COMMENDING THE SERVICES OF ASSISTANT CITY ATTORNEY, MARTHA WHITTAKER It was noted that Mr. Engel has done an outstanding jOb as Attorney for the City of Livermore and has been of great assistance to the Councilmembers and Mr. Engel commented that out of the six cases Ms. Whittaker has handled for the City of Livermore, in court, there have been six victories. CM-29-53 October 28, 1974 (re Benches Around springtown Duck Pond) Cm Turner asked that the staff look into the possibility of placing benches around the duck pond in the springtown area and Mr. Lee stated that it is his understanding money has been set aside for these benches, in the budget, and that they have been ordered. There was then discussion regarding the fountain and mention of the fact that it should be run occasionally so that it will con- tinue to work. (Concannon & Holmes street Intersection) em Turner stated that people have been telling him that the lights at the Concannon/Holmes Street intersection are too dim to light the crosswalk adequately and Mr. Lee explained that the new signal system will include area lighting and we have received notice that the State Department of Transportation will advertise for bids immediately and installation will begin as soon as the City receives delivery of the equipment - approximately January l5th. (Attorney Fees) Cm Turner stated that he would like a report as to the amount of money the City has spent on attorney fees during the past 4-5 years for outside consultant attorneys to determine what type of fees we should be considering for the industrial pro- motion position. Mr. Parness explained that such fees fluctuate, depending on ~th:r~~~~~~u;J_~:;,e~ceive consultant legal assistance, /71~ -- r-~N~~#~f)-'~_ 'i#. (Appointment to ~---- MTe Committee) Cm Miller stated that in his opl.nl.on the person recently selected to serve on the MTC committee is not an environmentalist and would like to see someone else have the appointment, and would suggest that the Mayor press for someone out here, if possible. (Blocking Entrance to Mrs. Paradiso's Restaurant) Cm Miller stated that over the weekend he observed that the entrance to Mrs. Paradiso's restaurant was completely blocked and it appeared that such had been done deliberately and noted that this was brought up at the last meeting and the staff was asked to speak to the con- tractor about blocking business entrances. Mr. Lee explained that he did, personally, check into the problem of blocking entrances by equipment and that this had been done purposely because the equipment was covering open trenches, and was placed there to protect the public from falling into the trenches; however, he does not know why the equipment may have been left there this past weekend and will check into the matter again. (Widening I-580) Cm Miller stated that the I-580 widening is at the Council for Environmental Quality and it is his understanding the State Dept. of Transportation has received a copy of our smog report and would CM-29-54 October 28, 1974 (Widening I-580) suggest that VCSD's air impact report also be sent to them so that they understand the full background of implications of smog in the valley. Even though the smog season is about over there have been 93 adverse days this year in the valley. AT THIS TIME CM MILLER MOVED TO NOTIFY THE DEPARTMENT OF TRANSPORTA- TION OF THE PROBLEM, AS PREVIOUSLY STATED, SECONDED BY eM TIRSELL AND PASSED 3-1 (em Turner dissenting - em Futch absent). (Status of Greenville North Park Acquisition) Cm Tirsell asked the status of the acquisition of the Greenville North park property and Mr. Parness reported that the condemnation papers were finished by the City Attorney's office, the papers have been filed with the County Marshall for serving upon the owner and the owner has not been locatedi however, it is his understanding that they have finally been served. He is now waiting for a telephone call from the owner regarding negotiation of settlement and the other ownership of a small parcel (Kissell) has been contacted asking that they sell, separately. Mr. Watson, attorney representing Kissell, has contacted Mr. Parness to say that the owners of the larger parcel have asked Kissell to again negotiate with them for Kissell's acquisi- tion of the park site which in turn could be dedicated to the City. Mr. Watson has assured Mr. Parness that if they acquire the property it will be dedicated to the City. Mr. Parness then explained that because of the length of time it has taken to obtain the property the City of Livermore has begun condemnation processing. The Council will be informed of any developments relative to this matter. ~.~' lei; *~7f Mayor Pritc rd s ted that he would like for being President of the City the League of California Cities. (Congratulations to Mr. Parness - President of the eity Managers' Div. League of Calif. Cities) to congratulate Mr. Parness Managers' Division of CM TIRSELL MOVED THAT THE COUNCIL ADOPT A RESOLUTION COMMENDING MR. PARNESS ON HIS APPOINTMENT, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 172-74 A RESOLUTION COMMENDING WILLIAM H. PARNESS ON HIS ELEeTION OF PRESIDENT OF THE CITY MANAGERS' DEPARTMENT OF THE LEAGUE OF CALIFORNIA CITIES. (Water Pressure Problems) ( Mayor Pritchard complained about the water pressure for East Avenue being very low and that many people in that area have complained about this problem and are very disgusted about it. He stated that he would like to suggest two things, with the Council's permission: l) see what can be done, locally, to require certain water pressure, with the help of our City AttorneYi and 2) to ask Mr. Lee for a more accurate reading of water pressures at various times and places along East Avenue. Mr. Lee indicated that the PUC does establish minimum pressures for private companies and will look into the matter. CM-29-55 October 28, 1974 (Ambulance Service Location) Mayor Pritchard stated that he has heard that the ambulance company may have moved back to its old Elm Street location and wondered if this is true and Mr. Musso stated that the staff is checking into it. Mayor Pritchard wondered if the CUP that had been issued when they were located on Elm Street expired when they moved from Elm to another location and Mr. Musso explained that it has expired and the area is not zoned so as to allow an ambulance service office at that address. (Hospital Moving to Pleasanton) Mayor Pritchard wondered why the local hospital is moving to Pleasanton when all the beds are not full here in Livermore and stated that he has received a number of calls from people who are distressed. He asked that the staff report back to the Council after contacting the hospital staff to see what is happening. (People on Medical Not Receiving Treatment) Mayor Pritchard stated that he has friends who are are on Medical who are unable to get to and from the County facilities and no local physician will treat them and asked that this be communica- ted to the Valley Memorial Hospital staff. The Mayor stated that he has tried, personally, to get a physician to take these people as patiesnts and they have refused to take anYmore Medical patients. COMMUNICATION FROM H. L. MEYER RE SMOG A letter was received from Mr. H. L. Meyer suggesting that L.L.L. and Sandia ask their people not to drive into town during the lunch hour to help eliminate smog problems and that they use the local banks after work, as they are open until 6:00 p.m. for this purpose. The Council asked that the staff refer the letter to L.L.L. and Sandia Laboratory. COMMUNICATION RE LIMITING TRUeKS ON I-580 A letter was received from Mrs. Keith Switzer regarding the eouncil's support of the proposal to limit trucks on I-580 during the peak hours and she pointed out that this could mean a delay of mer- chandise and could result in the consumer having to pay higher prices for items. The letter was noted for filing. NOTICE FROM LEAGUE OF CALIF. CITIES RE GEN. REVENUE SHARING A letter was received from Don Benninghoven, Executive Director, for the League of California Cities with respect to the reenact- ment of general revenue sharing and Mayor Pritchard suggested that the staff respond to the letter indicating what the City has done with revenue sharing funds and that they are greatly needed. CM-29-56 October 28, 1974 REPORT RE CAT LICENSING The Assistant City Manager reported that at the Council's direction he has prepared a written report on cat licensing and has found in researching the matter that only two public agencies in California have a mandatory ordinance for cat licensing (Fremont and Lodi) and that enforcement of the ordinance in these cities is relatively non- existent. Statistics were also given to support the fact that twice as many dogs as cats are impounded and that of the stray animals impounded only 25% are cats and 75% are dogs. The report indicated that there is little justification for a mandatory cat licensing or vaccination program and rabies have been essentially non-existent in cats. It would appear that vaccination and control of dogs is the answer to the problem of rabies. It is also felt that a cat licensing program would create more problems that those which would be solved by it. The report was noted for filing. REPORT RE eURBSIDE MAIL DELIVERY SERVICE The City Manager reported that despite our appeals to Congress, joined by many cities nationally, curbisdemail delivery by the United States Post Office order was commenced June 1, 1974, for all newly occupied residential units. It would be appropriate for the City to consider design and installment standards for curbside mailboxes and the Engineering Department has prepared a report regarding this aspect. It is recommended that the Council adopt a motion approving the engineering design and standards and secondly, to instruct the staff to transmit a renewed appeal to our congressional delegate urging that this order be countermanded. Mr. Parness stated that just about an hour ago he spoke with Congressman Stark's Administrative Assistant who reports that congressional action would be necessary to countermand the order of the Postmaster General and that such legislation has been sub- mitted but no action will take place until after the first of the year. It is anticipated that something will be done but not until after the first of the year. In response to people's questions about what to do until this time Mr. Parness has suggested getting a post office box and people are saying that there are none available. Our local postmaster is forming a list of those to receive post office boxes as they apply. There are about 600 residential units in our City that will be subject to this order and for which curbside boxes will have to be installed. Mayor Pritchard stated that he would like to adopt an ordinance prohibiting curbside mail delivery in the City limits and Mr. Parness stated that this will put the homeowner in a bind and must sympathize with them; this is a federal order and it appears that there is little the eity can do. Mayor Pritchard stated that he would hate to have 600 posts placed along the curbs and then have the order rescinded and Mr. Parness stated that the rescinding may take from 6-8 months. Cm Turner suggested that possibly since there are no post office boxes available, the post office personnel could be asked to set up a special line or system to help these people who are receiving mail by general delivery. Cm Miller suggested that the City do two things: l) contact the League of ealifornia eities and other cities who have this problem andi 2) join together in a legal combine to get an injunction to prevent the order from going into effect. CM-29-57 October 28, 1974 (re Curbside Mail Delivery) Cm Miller added that there is no reason the League of California Cities cannot contact the Arizona group and the Washington group, etc. to join in a nation-wide law suit against the Post Office Dept. CM MILLER MOVED THAT THE FOLLOWING THINGS BE DONE, WHICH WAS SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE: 1. Request the League of California Cities to institute a law suit against the Post Office Department to prevent further application of this order. 2. That the California League be asked to contact the National League of Cities and the other nearby state-wide leagues to have them join in such a law suit. 3. Contact any other city that we know is already involved in a law suit related to this matter, offering them our aid and the same ideas about contacting the various organizations to institute a state or nation-wide law suit, and that such aid will be in the way of money or amicus briefs. It was noted that the matter of curbside service will be held in abeyance for a couple of weeks. The staff was asked to contact the people at the post office to see if a special line can be provided until something is done about getting delivery to the new residents. REPORT RE LEAA GRANT - MICROFILM JACKET FILING SYSTEM The City Manager reported that the City of Livermore may receive a grant of $8,667 which would permit the installation of a microfilm jacket filing system for our police Department which will provide significant storage space and eliminate search time. This will require a $325 cash contribution from our City and it is recommended that the Council adopt a motion approving a resolution accepting the grant. ON MOTION OF eM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE, THE RESOLUTION AUTHORIZING APPLICATION FOR THE GRANT WAS ADOPTED. RESOLUTION NO. 173-74 A RESOLUTION AUTHORIZING APPLICATION FOR GRANT FOR LAW ENFORCEMENT PRUPOSES TO CCCJ REPORT RE TEMPORARY TRAFFIe ISLAND AT MAPLE AND EAST AVE. The Director of Public Works reported that a temporary traffic island was installed at East Avenue and Maple Street some months ago and the findings have been that there have been no accidents at that intersection, the visibility is improved, the added cross- walk is beneficial and the police Department is satisfied with the results. It is recommended that the island be permanently installed for positive protection. There was then discussion regarding landscaping for the island area. Cm Miller stated that he disagrees, totally, with the report and that it is even more difficult to cross from Maple Street to Seventh Street and really feels this type of intersection is a waste of the City's time and money. CM-29-58 October 28, 1974 (re Island at Maple St. & East Avenue Intersec.) Cm Turner, Tirsell and Mayor Pritchard felt the intersection is more convenient than it was in the past. CM TIRSELL MOVED THAT THE DESIGN OF THE ISLAND BE APPROVED FOR PERMANENT INSTALLATION AT MAPLE STREET AND EAST AVENUE, SECONDED BY CM TURNER AND PASSED 3-1 (Cm Miller dissenting). INCLUDED IN THE MOTION WAS THAT THE LANDSCAPE PLANS WOULD HAVE TO BE APPROVED BY THE COUNCIL PRIOR TO GOING OUT FOR BID. REPORT RE STATE BALLOT MEASURES A report was received from the League of ealifornia eities with respect to propositions on the November ballot which are of interest to cities and the Council briefly discussed Proposition No. lS, which is a referendum on low income housing. ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE THE COUNCIL ENDORSED PROPOSITION NO. l5. INTRODueTION OF AMEND. TO CODE ADOPTING FIRE AND BLDG. CODE On motion of Cm Turner, seconded by Cm Tirsell and by unanimous vote amendments to the Municipal Code to adopt, by reference, the Uniform Building Code, Volume I, 1973 Edition and the Uniform Building Code Standards, 1973 Edition and the Fire Prevention Code, were introduced and the titles only were read. ADJOURNMENT ATTEST Mayor Pritchard adjourned the meeting at 9:25 to a brief executive ::::::: to d~an a:~m~~ ~re;;s Committee. ~~ (( uwtl ~~L ~ City Clerk Livermore, California ~ , CM-29-59 -_....__.~._---"---_.__.-,.,..,._-_.._---._------,-"---.---.-....--.-.....----.-- Special Meeting - November 8, 1974 A special meeting of the City Council was called by Mayor Pritchard and convened at 12:15 p.m. on Friday, November 8, 1974, in the City Hall Conference Room, 2250 First Street. The purpose of the meet- ing was to discuss the following: l. Resolution in support of a proposed County Commission on the Status of Women for Alameda County. 2. Resolution authorizing execution of an agreement with Danat re Naylor Avenue Improvements ROLL CALL Present: Cm Futch, Miller, Tirsell, Turner and Mayor Pritchard Absent: None RESOLUTION NO. l74-74 A RESOLUTION ENDORSING THE ESTABLISHMENT OF A STATUS OF WOMEN COMMISSION FOR ALAMEDA COUNTY The above resolution was introduced by Cm Tirsell, seconded by Cm Turner and passed by unanimous approval. NAYLOR AVENUE IMPROVEMENTS (Danat Agreement) Cm Miller expressed his objection to using the City's power of condemnation for private properties as indicated in Section 10 of the proposed agreement since private owners can use the con- demnation procedure if it is for a public purpose. Keith Fraser, representing Danat, indicated they had no objection to a change in this provision but would feel it was a time advan- tage to city attorneys. This matter was discussed at some length and on motion of Cm Miller, seconded by Cm Turner, a resolution authorizing execution of agree- ment was unanimously adopted provided Item lO be altered to state that Danat will obtain the subject right-of-way at Danat's sole cost provided that private condemnation statute is still in effect. RESOLUTION NO. l75-74 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Danat Investment company) Also discussed was the urgency for obtaining a building permit at the earliest possible time so that the work on the building may proceed. It was concluded that Mr. Fraser would initial the change and will file his power of attorney with the city. ADJOURNMENT There being no fu~ther b iness, the meeting was adjourned at 12 :45 p.m. , ~/ APPROVE 0f k~4".~ 7 ~~'r-aYor ATTES~~ ~ j -- Cl.ty Clerk . Livermore, California CM-29-60 Regular Meeting of November l2, 1974 A regular meeting of the City Council of the City of Livermore was held on Tuesday, November l2, 1974, 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 Futch, Miller, Tirsell, Turner 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. RECOGNITION OF CIVICS CLASS INTRODUCTION OF NEW CITY ATTORNEY Mayor Pritchard welcomed Mr. Campbell and the Civics Class from Livermore High School, and he introduced Mr. Robert Logan, the new City Attorney. MINUTES APPROVAL Page 54, Cm Turner stated that the minutes did not reflect that a report will be forthcoming with regard to his request for a report regarding attorney fees, add "report will be forthcoming". Page 55, middle of the page should read: Mayor Pritchard stated that he would like to congratulate Mr. Parness for being "elected" President. Page 51, 3rd paragraph in part should read: That Cm Tirsell stated that the Council had established a policy which should have applied _ ON MOTION OF CM TIRSELL, SECONDED BY eM TURNER, BY A 4-1 VOTE, THE MINUTES FOR THE MEETING OF OCTOBER 28, 1974, WERE APPROVED AS CORRECTED. CM FUTCH ABSTAINED FROM VOTING AS HE WAS NOT PRESENT AT THAT MEETING. OPEN FORUM Mayor Pritchard invited members of the audience to address the eity Council on any subject not on the agenda, however no comments were voiced. PUBLIC HEARING RE USE OF PARK AP~A FOR LOCATION OF FIRE STATION NO. 1 ( Mr. Parness explained that the proposal as advanced by the staff is that permission be granted by the eity Council for the use of one acre of the Robert Livermore Park area, twenty acres of which has been acquired for park purposes, for a fire station site. Such a use can be allowed, but the decision requires the conduct of a public hearing. If it is determined that it can be used for a civic use, such as the fire station, an affirmative vote of four fifths of the Council is necessary. Mr. Parness explained the exact location of the site which is proposed for the use, stating CM-29-6l November 12, 1974 (P.H. re Use of Park Area for Location of Fire Sta. 1) that the site is larger because it is required as substitution for the existing main fire station. The area has been researched in detail by the Fire Department principals and they have processed it through the necessary agencies that would in time be called upon for final approval. Mr. Parness asked Fire Chief Baird to further explain the justification for the use of this particular site. Chief Baird stated that the matter of fire stations is of utmost importance to the fire protection of our City in that it is the key to the implementation of our fire protection forces. When it was determined that the downtown fire station was to be relocated, a study was made throughout the community as to the most appropriate area to meet the need and to minimize any future duplication which might occur and be an added burden on the taxpayers. They also met with the insurance office people who evaluate and judge fire protec- tion defenses that result in the insurance rating and the resultant premium rates that the taxpayers do pay. It was necessary in making the study to consider fire flows, residential areas, high value areas, and so on and with the configuration proposed, it was determined that nearly every area within the community can be reached in approxi- mately three minutes, and they can get all fire flows relative to the standards found in the grading schedule. Chief Baird referred to a report submitted to the Council which further detailed these points. Another point brought out by Chief Baird in favor of the proposed site was the fact that future legislation might cause a reduction in work week of fire departments and negate the use of certain segments of the fire station facility which could be put to use in the area of a park, plus the fact there would be first aid capability and watchfulness of children playing in the park. Chief Baird stated that this location was of vital importance to him due to the fact that we have an agreement for automatic aid with the Lawrence Livermore Lab and should this agreement at some future time be terminated a station in this proposed location would allow the fire department to adequately cover that area without having to construct a new fire station at a later date. Without the automatic aid agreement, it would be necessary to respond from two stations from various parts of the community, thus voiding two areas. Chief Baird stated that they have studied the effect of fire stations in various neighborhoods as they realize that wherever a fire station is located the residents have a concern, however, with regard to the station located in Springtown and on Rincon, there have been no complaints. He stressed that the distribution of the fire stations is very important in considering the fire protection of the community and the proposed site represents the best conceivable distribution and the least amount of duplication in excessive cost in future years to the citizens of Livermore. Cm Turner asked what residents had been contacted inasmuch as a com- plaint had been received, and Chief Baird explained that residents had been contacted approximately 70 ft. from the station apparatus room to the north, and approximately 80 to lOO feet to the west, and the proposed station would be approximately llO feet from site of residential occupancy. He added that the fire department's policy on the use of sirens is to use them commensurate to the safety need, and many times they are not even used during the night. Cm Futch asked if the southeast corner of the park site had been con- sidered or the portion shown as future park annexation and what the difference was between those two possibilities and the proposed site. Mr. Parness explained that the parcel he had asked about was under condemnation proceedings by the City now and state law does not per- mit right of immediate possession of properties that are being ac- quired for either park or city structures and it would have to under- go the usual proceedings required in such matters even though it does have court precedence. If the fire station were shifted, it would require modification to the condemnation proceedings because CM-29-62 November l2, 1974 (P.H. re Use of Park Area for Location of Fire Sta. 1) the suit that has been filed is for park purposes only and it would have to be modified to include city structures, and he further ex- plained what might happen. In reply to a question posed by Mayor Pritchard with regard to another site, Mr. Parness stated that LARPD is opposed to that particular site. Cm Futch asked if we had acquired the park site by condemnation and wanted to locate the fire station as proposed, would we be allowed to do so, and City Attorney Bob Logan replied that if it had been acquired by condemnation, one of the factors to be considered would be where the funds were obtained. If acquired by condemnation and special assessment district was used to pay for it, then it would be a park in perpetuity and they could do nothing with iti if on the other hand only city funds were used to take fee title, then it could possibly be converted, but it would still require an ordinance change of 4/5 vote. em Tirsell asked what the time schedule is if the station is built on the proposed site and Mr. Parness stated it is expected that the station should be ready for bid in about three months, and under con- struction in early spring and occupancy in late fall. If the other site were used, the process could be delayed as much as a year or much longer. Mr. Logan further explained the process which would have to be followed if the site is changed. The eouncil discussed the two sites with reference to the proximity of the residences. Cm Tirsell asked if any thought had been given to the traffic pattern on East Avenue, and Chief Baird stated that he had looked at it re- lative to the effect it would have on fire protection and response and concluded that the traffic was quite heavy for about an hour in the morning and again in the evening, but not so heavy that the depart- ment could not get right-of-way. The fire department has had to con- tend with East Avenue during peak hours on response to fires in the Valley East and East Avenue area, First Street, No. and So. Liver- more Ave. Cm Turner expressed his concern for the school children attending Almond Avenue School, and asked if this had been considered, and ehief Baird replied that it had been and no safety problem is expected, pointing out areas surrounding the other fire stations where there are children in the vicinity. em Miller stated that he was under the impression that the Council would be provided with a report of the pros and cons of the other locations as he particularly wanted to see the reasons why the other sites that seemed plausible to him had been rejected. He stated fur- ther that he was adamantly opposed to any other use in the park, how- ever the possibility of the condemnation of the other nine acres has been before the Council for some time, and objections to using the park site for a fire station were discussed. It was his feeling that the staff should have provided that city purposes be included in pre- paring the condemnation of the nine acres. Since this was not done, he saw no reason to use that as an excuse of using park property for non-park purposes. Mayor Pritchard remarked that there were two parcels on the northwest and southwest corner of Hillcrest and East Avenue and asked if these parcels had been considered. Chief Baird stated that in discussing this with the insurance office it was concluded that the proposed site was the best from fire protection standpoint, and further that with reference to Cm Miller's remarks, he felt that his report explained the reasons the other sites had been rejected, especially if the station remained in the downtown area, and he again stressed some of the points he had mentioned previously. eM-29-63 November 12, 1974 (P.H. re Use~of Park Area for Location of Fire Sta. l) Cm Turned asked if the site at 7th Street and East Avenue had been considered as he would hate to see park land used for other uses, and again Chief Baird referred to the effect that location would have on the downtown area and that it would be an overlap and gross duplication of fire service responses, and it was felt best to move the location further out where it would be better utilized. Mayor Pritchard stated there were communications received from Mrs. Ruth Hitchcock, 4277 East Avenue; J. R. Morton, 4384 East Avenuei and Mrs. Barbara W. Good, 1048 Auburn Street all in opposition to the proposed fire station location. Mayor Pritchard opened the public hearing at this time and asked the people in the audience to limit their remarks. Ruth Hitchcock, 4277 East Avenue and Mrs. J. R. Morton, 4384 East Avenue, both opposed use of park land for other purposes, and voiced concern regarding the traffic and safety of the children. Bill Wilson, l032 Auburn, spoke to Chief Baird's comments with re- gard to high property value and questioned also why it was felt that LLL would withdraw from agreement with City for fire protection. He also commented that sirens would be necessary and questioned rejection of other sites. Alec Willis, 4336 East Avenue, voiced his opposition to the location because he did not feel it was proper use of park land, too much congestion, possible decrease in property value now, and change in residential character. If it is to be located in that vicinity, he would recommend that it be located adjacent to the southeast side of the park land which would provide less impact on the current home- owners in the area. C. Herb Turnbull, 4364 Claremont Way, concurred that the present location would be too close to the residential area, and suggested that it be located even further east and if a new condemnation is necessary this should be considered. Gerald Russell, l064 Auburn Street, agreed that the fire station should be located further east, and was concerned that more of the park land would be used for other purposes if the fire station is approved for that location. Bruce Nevin, l072 Auburn Street, stated they purchased their proper- ty with the thought in mind that there were two parks in that area, and in checking with appraisers and realtors he has been advised that property values would probably go down if a fire station is located there, and it would lead to future industrialization. Adele Pence, 886 Adams Avenue, concurred with the statements made by Mr. Willis and Mr. Turnbull. Mrs. C. A. De Puy, 4387 Claremont Way, was not opposed to a fire station, but was concerned about the noise and traffic on East Ave- nue and also about the valuation of her property. Marlin pound, representing LARPD, referred to a letter addressed to the Council by the General Manager, stated that the park should be a certain size and that 25 acres is a minimum size for a community park, and the Board feels the proposed location would be appropriate only if the nine acres referred to by the eity Manager are acquired. A master plan has been designed for the park, and it is intended that the District's buildings would be located on one or the other side of the parki they would be opposed to having the fire station located in the center of the park. CM-29-64 November l2, 1974 (P.H. re Use of Park Area for Location of Fire Sta. l) On motion of Cm Tirsell, seconded by Cm Futch, and by unanimous appro- val the public hearing was closed. Mayor Pritchard informed those present that any action taken by the Council this evening regarding the property, if it is favorable, would be only an action of intent as an ordinance would have to be adopted. em Tirsell remarked that citizens have reasonable right to expect uses in a neighborhood to remain stable, and she felt that the Planning Commission and Council have been responsive to input from neighborhoods whenever there is a zoning hearing. She also felt that the Fire ehief has expertise as far as the needs for a fire station and the ability to serve the town, to meet emergencies and to fulfill his obligation to keep fire rates low. She felt that perhaps the best compromise for this particular fire station is to use the pro- perty that is currently under condemnation, and MOVED TO RESCIND THE eONDEMNATION IN ORDER TO REWORD IT TO INCLUDE A PUBLIC USE: MOTION WAS SECONDED BY CM FUTCH. Cm Miller again expressed his disappointment in not having received a listing of the pros and cons as requested and the fact that he was adamantly opposed to the use of park property for other than park uses, and wished to elaborate the motion as follows: That the Council reject the proposal to put a fire station on Robert Livermore Park property; proceed to amend the condemnation to provide for other civic purposes but without commitment to use that parcel; and make the decision about using the parcel after the eouncil is provided with all the information about the pros and cons of the other possible sites. em Tirsell stated that she was not amenable to that amendment as it changes her motion. Cm Miller stated that the purpose of his motion was to leave open the question of putting a fire station on the other site, but to change the condemnation so that it could be included, however he still wanted to have the pros and cons on the other sites for Council consideration of the other sites. He asked Cm Tirsell if she still felt this would not be acceptable, and em Tirsell replied that she did as she felt it was the best location of all the fire station sites that had been considered. Cm Futch suggested that the Council discuss the pros and cons of the other sites at this time as he felt the primary criteria would be the overlapping and where it is located geographically. Cm Tirsell was asked to restate her motion, and Mayor Pritchard ruled that the motion to amend was in order, however Crn Tirsell ob- jected to the rUling. ( \ " C~'l HILLER RESTATED HIS N1ENDr,mNT WHICH WAS TO SPECIFIeALLY REJECT THE USE OF ANY PARK PROPERTY FOR A FIRE STATION AND THAT THE FINAL DECISION BE POSTPONED UNTIL THE COUNCIL HAS THE PROS AND CONS OF OTHER FIRE SITES CONSIDERED IN WRITING: MOTION WAS SECONDED BY MAYOR PRITCHARD, who stated that his reason is that it will be a year before the City will have the property in hand to proceed with the building of the site. Cm Turner agreed with Cm Tirsell that the motion was out of order, but also before any decision is made, he would like the Council to review the alternate sites for many reasons. Jcm Tirsell reminded the Council that it is the circle that determines the fire safety and fire capability referred to by the Fire Chief CM-29-65 November l2, 1974 (P.H. re Use of Park Area for Location of Fire Station l) and it must be concluded that it should be located on a major street such as East Avenue, Livermore Avenue or even Vasco Road. If it is located too far east, the downtown area is less covered, and she felt that Chief Baird's choice has been proved. Cm Turner agreed that perhaps the circles dictate the exact loca- tion and it may be the ideal location, but he is not convinced that this location would adequately cover the downtown area and believed a location nearer the high school affords better fire protection, and he would like to discuss other sites before a final decision is made. Mayor Pritchard did not feel that em Tirsell's motion precluded the Council from considering the other sites, however Cm Tirsell and the other Councilmembers felt that it did. em Futch commented that the major issue is whether they are picking essentially the location of the site, and Cm Tirsell's motion does that and em Miller's motion is contrary to the motion and should be a separate motion. City Attorney Bob Logan asked that the motions be segregated as two motions are required: l) a motion to dismiss an action which was adopted by a motion - the condemnation proceedingi 2) any other motion to pick a site, or to designate the purpose for con- demning the site for Fire Station 1 would have to be an entirely new motion, or resolution in order to support a condemnation hearing. A VOTE WAS TAKEN ON THE AMENDMENT AT THIS TIME WHICH FAILED 3-2 WITH eM FUTCH, TIRSELL AND TURNER OPPOSED. Mr. Logan stated that he understood Cm Tirsell's motion, it was a motion to specifically set up a resolution to dismiss the condemna- tion casei Cm Miller's motion was virtually a motion to continue for further analysis and review, and he again asked that these two motions be separated inasmuch as one combined with the other could be confusing as far as a court hearing is concerned. Cm Miller after an analysis of the motions, withdrew his amendment if the second was agreeable, and Mayor Pritchard agreed to withdraw his second. Cm Tirsell asked the City Attorney if the City condemns the property for both park purposes and the use of a portion for municipal pur- poses and does not use that site for the fire station if the City is in jeopardy, and Mr. Logan stated that the resolution could be phrased so that the purpose and intent would reflect general muni- cipal purpose, it could be used for any municipal purpose. CM TIRSELL MOVED TO DISMISS WITHOUT PREJUDICE THE CASE PRESENTLY BEFORE THE COURT, SECONDED BY CM MILLER, WHICH WAS APPROVED UNANI- MOUSLY. RESOLUTION NO. l78-74 RESOLUTION RESCINDING RESOLUTION NO. 79-74 AND DIRECTING THE eITY ATTORNEY TO DISMISS THE CONDEMNATION APPROVED THEREIN. eM TIRSELL MOVED TO ADOPT A RESOLUTION TO BEGIN NEW CONDEMNATION PROCEEDINGS WHICH WOULD INCLUDE THE USE FOR MUNICIPAL PURPOSES: MOTION WAS SECONDED BY CM MILLER, AND PASSED UNANIMOUSLY. CM-29-66 November 12, 1974 (P.H. re Use of Park Area for Location of Fire Station 1) The City Attorney stated that he would prefer that the resolution be brought back before the Council so that the resolution would reflect the exact properties that are being taken so that the Council is aware of what is being adopted by the resolution and which will include a property description. eM TIRSELL MOVED THAT THE eOUNeIL DESIGNATE THE PROPERTY UPON COM- PLETION OF CONDEMNATION AS THE SITE FOR FIRE STATION #li MOTION WAS SECONDED BY CM FUTCH. em Futch commented that the circle indicates there is only one section of empty land that does not overlap and that is between the Robert Livermore Park and Valley East, and he felt that the proposed location is the most optimum and the Council would only be postponing a decision to consider other sites. Cm Miller stated he would not make any decision until he had the pros and cons as he sees other reasons why other locations might be considered, including the need for a downtown station, and the fact that Valley East is covered by the agreement with LLL. Also he felt the downtown location does provide an overlap for the major areas of the city, not only the commercial area. Cm Futch remarked that em Miller implies there was no additional in- formation provided, however Chief Baird has furnished information, and drew the circles, and it is clear to him the reason this location was chosen. As far as the agreement with LLL there is no assurance that it will be maintained in perpetuity. He felt a careful study had been made and he accepted the jUdgment of Chief Baird and the insurance company. em Miller however maintained that he had asked for more detail on the sites that had been considered and this is the information he still wanted. As far as the circles, they overlap in different places and the question is where the best place is to overlap, and he wanted an opportunity for more discussion with the Fire ehief's reasons before them in writing. Cm Turner commented there was no guarantee that LLL would continue to offer their services, but even if they did the circle would still include the Valley East area, and he felt there were other options to be considered and did not want to make a decision at this time. A ROLL CALL VOTE WAS TAKEN ON THE MOTION AT THIS TIME WHICH PASSED 3-2 WITH CM TURNER AND MILLER DISSENTING. Mayor Pritchard summarized the Council's action to mean that the fire station will be located on property that is currently under condemnation to be added to the City's park system, and the resolution of intent is to include uses for municipal purposes in the condemna- tion which action will delay the construction of the fire station for a year. ( I \ PUBLIC HEARING RE ADOPTION OF MUNIC eODE AMENDMENTS RE UNIFORM BUILDING CODE and UNIFORM BUILDING eODE STANDARDS 1973 Edition and UNIFORM FIRE CODE, 1973 Edition Statute requires conduct of a public hearing following introduction of the required ordinances. This matter has received the detailed review and approval of the staff and our Board of Appeals. Mayor Pritchard asked if there were any questions of the staff before he opened the public hearing. CM-29-67 November l2, 1974 (P.H. re Uniform Bldg Codes and Uniform Fire Code) Cm Futch asked if the ordinance adopting insulation standards might be in conflict with the proposed ordinance, and the Chief Building Inspector advised him there would be no conflict. Mayor Pritchard added that local standards which exceed the code are valid and not preempted by the code. Cm Miller stated he was under the impression that the question of the survey markers was to have been discussed in conjunction with the uniform building code. Mayor Pritchard opened the public hearing at this time and invited anyone in the audience to address the Council, however no comments were voiced and on MOTION OF CM TURNER, SECONDED BY CM MILLER, AND BY UNANIMOUS APPROVAL THE PUBLIC HEARING WAS CLOSED. The adoption of the ordinances was continued to the end of the agenda. LEASE RE "THE BARN" The current lease on the Barn structure located on our community park-civic center property will expire on October 27. Although the structure does serve as a cultural-recreational facility and is heavily used, the structure is dilapidated and unattractive to the neighborhood and it is recommended that LARPD be notified that the building will be razed at the end of a six month term. CM MILLER MOVED TO EXTEND THE LEASE ON THE BARN FOR FIVE YEARS, SECONDED BY CM TURNER, AND THE MOTION PASSED UNANIMOUSLY. RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEMBERS PRESENT. ANNEXATION REQUEST SPRINGTOWN SECTOR (The Peoples Church) An inquiry has been received seeking the view of the City as to annexation of a parcel of property north of I-580 and west of Springtown Blvd., about five acres in size. The applicant wishes to erect a church and is willing to annex, or if desired execute a sewer connection agreement, and the staff has recommended that it be referred to the staff for consideration as it is felt that a sewer connection agreement may be the best. CM MILLER MOVED THAT THE MATTER BE REFERRED TO THE STAFF FOR RE- COMMENDATION, SECONDED BY CM TIRSELL, AND THE MOTION PASSED UNANIMOUSLY. Steve Riggle, pastor of the Peoples Church, commented their only concern is the time limitation since their present facilities have had to be vacated and they have moved into a school building until they are able to construct the building. NORMA WAY-MITRA WAY TRAFFIC STUDY A study was made and report submitted by the Public Works Director regarding the complaints of traffic problems in the area of Norma Way and Mitra Street, and the Mayor suggested that this item be CM-29-68 November 12, 1974 (Traffic Study - Norma Way & Mitra Way) be continued to another meeting. inasmuch as the interested parties had to leave and asked that it be put over. em Tirsell suggested that if it is continued that the owners of the apartments in the area be contacted to advise them that the matter will be discussed as the people in the area feel the apartments contribute to the traffic problems. The Public Works Director commented that there are recommendations included in the report which might be helpful, and if they are followed it might during the interim give them a chance to see how it is func- tioning, and if there is still a serious problem, it can be referred to the Council again. CM MILLER MOVED THAT THE MATTER BE CONTINUED FOR ONE WEEK, SEeONDED BY eM FUTCH, WITH THE SUGGESTION THAT IT COME UNDER UNFINISHED BUSINESS, AND PASSED UNANIMOUSLY. em Turner stated that in line with the traffic, along East Avenue the whole apartment complex is creating a traffic hazard and there are also large trucks parked there, and Mr. Lee stated it was his intention to recommend prohibition of parking on East Avenue and also placement of crosswalks at Mitra and Norma Way and paint the curbs red back from the intersection. He felt these things would make an improvementi also parking could be limited along one side of Norma Way around the curve and these things could perhaps be done in stages. Mr. Lee stated these improvements could be made, with Council approval, and have the matter continued for two weeks to evaluate the situation. THE MOTION WAS AMENDED THAT THE ITEM BE CONTINUED FOR TWO WEEKS, AT MR. LEE'S SUGGESTION. REFUSE COLLECTION SERVICES The City Manager explained that the present rubbish collection contract expired December 31, 1973, and prior to that time the city joined in a joint powers agreement effort with ten or eleven other public juris- dictions in Alameda County served by the Oakland Scavenger Company in trying to arrive at a uniform type of accounting system that would not only be valid and reliable from the standpoint of the financial input but would also be uniform for use throughout the company's enterprise. A consultant firm was retained by the joint powers agency, to investigate the matter and they spent six months in their study and came up with a recommended plan which was referred to a steering com- mittee made up of financial technicians from each of the public juris- dictions involved. Our City Council did concur with the recommended plan as outlined by the consultants and the steering committee, and from that point on it has been a matter of trying to get the machinery in effect to implement the system which required the concurrence in participation of the company. Since it was expected that the new plan would assist in trying to arrive at a fair rate of return to the company and since the company had applied for an extension of its contract, he had recommended that the contract be extended for six months and every effort was made to have the process effectuated, however it was not done and an additional six month extension was agreed upon which will expire December 31, 1974. Mr. Parness stated a letter from the Oakland Director of Finance indicates that the new system is just about ready for use and a new uniform contract has been devised and under review by the Oakland City Attorney's office, but in the meantime we are approaching the second deadline. Mr. Parness stated it necessary to have Council direction on one of two alternatives: 1) to utilize the new system which is ready for application although CM-29-69 November l2, 1974 (re Refuse Collection) not formally established by virtue of the new ordinance not being uni- formally adopted by all jurisdictions. This city would be the first jurisdiction to use the process which would require the cooperation of the company in the way of full and public disclosure of expendi- ture and revenue experience for our city over the term of their con- tract history. That is necessary in order to analyze what their financial experience has been in order to determine what a fair rate of return would be to them under a given set of rate circumstances. The Council has the discretion of accepting it or modifying it based upon what level of service is desired. That alternative has to be adhered to in order to establish a new rate and to allow the exten- sion of time remaining on the contract which would be four years. 2) Decline that method and merely instruct the staff to prepare spe- cifications and bidding forms for the receipt of new competitive bids for a new rubbish collection contract for whatever number of years the Council decides upon prior to the official solicitation of bids. Mr. Parness stressed that one or the other of the alternatives should be used but not both in all fairness to the company. Cm Futch commented that the present company is cooperating with the recycling center and asked if this service could be a requirement regardless of which alternative is decided upon, and Mr. Parness stated it could be specified; however, all amenities required are included in the rates. Cm Futch added that the recycling program has a tremendous benefit to numerous community organizations. Cm Miller asked if there was not disclosure of finances approximately five years ago when there was a rate discussion, and Mr. Parness stated that at that time there was no bidding process. CM TURNER MOVED TO APPLY TO THE RUBBISH FRANCHISE STEERING COMMITTEE FOR AN ANALYSIS OF THE REVENUE EXPENDITURE EXPERIENeE AND FORMULA- TION OF A PROPOSED BASIC RATE TO BE USED IN CONTRACT EXTENSION~ CM FUTCH SECONDED THE MOTION. Cm Miller stated he would have to oppose the motion, not because he was dissatisfied with the company, as it has been doing a good job and he does appreciate their efforts with the recyclying center, but he felt the motion as it stands sets up a monopoly of a public utility and he thought there should be open bidding. MOTION WAS VOTED ON AT THIS TIME AND PASSED 4-l WITH CM MILLER DISSENTING. COMMUNICATION RE FUNDS FOR SOCIETY OF AMERICAN INDIANS A communication had been received from the Society of American Indians requesting funds in the amount of $500 for the May Festival of Indian Arts and Crafts. This matter had been postponed from the previous meeting for consideration at this time. Mrs. Maria E. Butts stated she did not have m~ch to add after what they had expressed in their letter to the Council as their financial records are open to review, and she asked that the Council speak. em Miller stated he was sorry but he would have to oppose the re- quest as he has opposed all such requests consistently as he feels it is wrong for the eouncil to provide money for private organizations and their policy should be upheld even though they have made two exceptions. Cm Tirsell stated her regret that she must also oppose the request for funds, and remarked that inherent in the motion to fund the rodeo parade was instruction to the Jaycees to find some CM-29-70 November l2, 1974 (Request for Funds) alternative means of funding to work toward deleting that subsidy and in the motion to use the taxing ability of the city to provide holiday decorations, there were specific directions to the Chamber of eommerce that they would be on their own in three years in providing decorations. Cm Tirsell commented that as an organization you are stronger being independent, pointing out that many of the organizations she belonged to do benevolent work and it is a constant struggle, but you also maintain your independence. She mentioned she had a lot of suggestions she would be glad to discuss with the society and could refer them to people who might be willing to help with a very worthwhile project. Cm Futch stated that the City has been trying to phase out this type of grant which has been difficult, and he felt the Council had to draw the line somewhere. em Turner agreed in the statement voiced by Cm Tirsell in that the society should remain independent, and if they wish to continue their project, it would be necessary for them to do the fund raising. Mayor Pritchard stated he had debated a long time, and he is familiar with what the local Society of American Indians does with their money and he has personally been involved with the Indians in other locations having driven to Holbrook, Arizona with truckloads of needed materials which had been collected, and in comparing the causes for which the funds they have allocated have been used, he felt that the sum re- quested by the society was more important than tinsel on our poles at ehristmas time and he would oppose any motion to not fund. CM TIRSELL MOVED TO DENY THE REQUEST FOR FUNDS, SECONDED BY CM TURNER, WHICH PASSED 4-l WITH THE CHAIR 'DISSENTING. Cm Miller added that he, too, felt this was a more worthy cause than the others which had been granted, but nevertheless felt they should deny the request. CONSENT CALENDAR (Option Agreement - Rhew Property) The option agreement was presented to the Council at the last meeting, with respect to the grade separation project which was negotiated for the estate of Marcella Rhew and was referred to the staff for review. The City Attorney's report indicates that the right-of-way agent recommends the settlement to be equitable. RESOLUTION NO. l76-74 A RESOLUTION AUTHORIZING ACeEPTANCE OF OPTION AGREEMENT (Rhew Property: Grade Separation Project Parcel No. 20) (Report re Right-of-Entry Permit, Standard Oil Co.) This right-of-entry permit has been executed by Standard Oil Co. so that the City may enter upon the property in connection with our ~ track relocation project. This is so as not to cause any delays ( prior to our actual acquisition of the subject area. The permit has been reviewed and approved by the City Attorney's Office. RESOLUTION NO. 177-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Right-of-Entry: Standard Oil eompany of California. CM-29-7l November l2, 1974 Report re Express Bus Trail Program A report from BART was submitted for informational purposes now, but to be referred to at the conclusion of the six month trial period. This item was removed from the Consent Calendar for more information. Progress Report - Planning Program Grunwald-Crawford Associates A progress report was submitted from Grunwald-Crawford Accociates regarding the City of Livermore Planning Program. Appointment of Member to Greens Comm. An appointment had been tentatively made to the Greens Committee, however Cm Futch was not present at the time the decision was made and he asked that this be removed from the Consent Calendar until a later date. Report from em Tirsell re COVA An informational report from Cm Tirsell Agencies was submitted to the Council. posed bylaws and budget of the agency. suggested revisions of the bylaws. re Congress of Valley The report included the pro- Cm Miller offered a few Minutes - Various Committees Minutes were received as follows: Airport Advisory Committee - October 7, 1974 Design Review Committee - October 23 Housing Authority - September l7 Noise Abatement Committee - November 6 Payroll and Claims There were one-hundred thirteen claims in the amount of $204,783.77 and two hundred eight payroll warrants in the amount of $86,268.l2 ordered paid as approved by the Director of Finance, dated ll-l2-74. APPROVAL OF CONSENT CALENDAR CM TIRSELL MOVED THAT THE CONSENT CALENDAR BE APPROVED WITH THE REMOVAL OF ITEM 2.3 FOR DISCUSSION LATER IN THE MEETING, AND DELE- TION OF 2.5. MOTION WAS SECONDED BY MAYOR PRITCHARD AND APPROVED UNANIMOUSLY. MATTERS INITIATED BY THE STAFF (re MTC Staff Meeting) Mr. Parness reported that he has submitted notes from the MTC staff meeting regarding the widening of I-580 which he and Cm Miller attended. He has been told that MTC has the final say with respect to widening I-580 and that they will be holding a hearing at which time the Council's input may be presented. Cm Miller suggested a subcommittee appointment to prepare something for the public hearing. CM-29-72 November 12, 1974 (MTC Hearing Scheduled) Mayor Pritchard suggested that Cm Tirsell and Cm Miller prepare some- thing, Cm Futch commented that he would like to attend the meeting, and Cm Turner stated that since he has a different view with respect to the widening of I-580 than the other members of the Council he should be allowed some type of input. It was noted that any comments em Turner might have would not reflect the majority opinion of the Council and would have to be made as per- sonal opinion comments, and the Council concluded that they would like em Miller and em Futch to prepare something to submit to MTC at the hearing next Monday night, November lSth. MATTERS INITIATED BY THE eOUNCIL (Status Reports re Railroad Project) Cm Turner stated that he would like to start receiving weekly reports as to the status of the railroad project and the funding vs the work being done. em Miller asked if progress payments have been made and Mr. Parness indicated there have been payments and Cm Miller wondered what per- centage of progress payments have been made, of the total funding and Mr. Parness replied that it depends on the amount of work done and that thus far it has been very little because little work has been done. (Housing for Mr. Pompileo) em Turner stated that the LARPD Board will be meeting to discuss hous- ing for Mike Pompileo and moved that the Council support that EVERY EFFORT SHOULD BE MADE TO FIND ADEQUATE HOUSING FOR HIM AND THAT THIS BE TRANSMITTED BY LETTER OR VERBALLY, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. (Intersection of Charlotte Way and East Avenue) em Turner stated that the intersection of Charlotte Way and East Avenue is particularly hazardous during the time the lab traffic is stacked up on the way to work and wondered if something couldn't be done by the policemen at the lab to control Charlotte Way during this time. Mr. Lee explained that studies are being conducted for East Avenue and that in time there will be a median and merging lane at Charlotte Way and in the future there will probably a traffic light at that intersection. (Final Environmental Impact Report re I-580 Widening) Cm Miller stated that the Council did not receive a copy of the environ- mental impact report (final draft) for the widening of I-580 until two ~ days after Cal-Trans' advertised deadline date, which is not in con- formance with the Council's environmental quality guidelines and con- sequently the Federal Highway Administration and the DOT have violated the CEQ guidelines they are supposed to be Observing. The 30 days should begin the day the interested parties receive a copy of the final environmental impact statement and everyone has not received a copy. CM MILLER THEN MOVED THAT THE COUNCIL SEND A TELEGRAM TO THE DOT AND FEDERAL HIGHWAY ADMINISTRATION NOTING THAT THEY ARE IN VIOLATION OF THE GUIDELINES; THE REVIEW PERIOD CANNOT END ANY SOONER THAN 30 DAYS AND UNTIL THE 30 DAY TIME PERIOD HAS EXPIRED THEY CANNOT COMMENCE WORK ON THE PROJECT, seconded by Cm Futch and passed by a unanimous vote. CM-29-73 _._..___._'_.__m._..."'.____..,_,~__.____~~__ . November l2, 1974 (Agenda Items) Cm Miller stated that he would like to schedule a couple of items on the agenda for discussion: l} Council policy regarding condemna- tion for private purposesi 2} policy regarding benefit districtsi 3) policy regarding prohibition of construction of any type without a building permiti and 4) policy with respect to amount of grading that can be done without a building permit. (Underground Ordinance) em Miller commented that there is a draft of an Underground Ordinance which should be scheduled for council consideration as soon as possible. (BART Planning) Cm Futch commented that he would be interested to know if the City is adequately considering and planning for BART as our downtown development and railroad track relocation project proceeds. He stated that he reali- zes that BART coming to Livermore is in the distant future but possibly it would be worthwhile to ask the BART people to consider purchasing loca- tions for their station and obtaining right-of-way locations prior to development taking place. (Special Item) em Futch stated that Lois Hill has compiled slides and music regarding the decline of our natural resources and suggested that this appear as a Special Item on the agenda. The council agreed that they would be interested in asking Mrs. Hill to make such a presentation and that this be scheduled at some time the agenda is short. (Greenville North) em Futch stated that before he left for vacation an appraisal had been made for the Greenville North park site, condemnation proceedings were to have begun and Mr. Parness was to meet with Bevilacqua regard- ing the price of the land and wondered about the status during his absence. Mr. Parness indicated that he was very sorry to report that little else has been done and that the land owners simply refuse to respond to efforts made by Mr. Parness to meet and discuss the matter. em Futch suggested that thi~ information be transmitted to Francis Harper and Elizabeth Mondon, representatives of the Greenville North citizens and is sure they can stir up some action. (Grading Ordinance) Cm Futch noted that about a year ago the grading ordinance was sent to the Planning Commission with the changes the Council felt to be desirable. Mr. Musso explained that the Planning eommission has acted on the ordinance, a technical committee has been formed regarding hillside development and the matter will be coming back to the Council. eM-29-74 November 12, 1974 (Trailer Ordinance) em Futch asked if Mr. Musso would prepare a report regarding the enforcement of the Trailer Ordinance including the number of enforce- ment actions taken. He stated that he is hearing complaints that the eity has an ordinance that is not being enforced. Mr. Musso indicated that he will report back to the eouncil. (Mail Delivery Problems) em Tirsell stated that she has recevied telephone calls from citizens who have to receive their mail at the post office because they are not getting it at their home and it is virtually impossible to pick up mail at the post office for someone who works and wondered if some- one has talked to the postmaster about this problem and if so, per- haps someone could speak with him again about the problem because the Christmas season is coming and this will really be a problem for these people. Cm Futch stated that in his opl.nl.on the service at the post office is going downhill very rapidly and doesn't know what can be done to receive action but something definitely must be done. The Council felt it would be especially helpful if there would be a line specifically for mail pickup for those residents having problems and not getting mail at their homes and the staff will speak to the postmaster again about a special line for these people. (Firearms Business in Residential Area) Cm Tirsell stated that she read in the paper where items were stolen from a home whe~e a firearms business was being conducted and felt it was unusual to hear of such a business in a residential area and asked that the staff check into the matter of such a business in a residential area. (Hearing re Emission Standards ) Mayor Pritchard stated that the Senate eommittee and Local Government is holding a hearing in Livermore on November 25th at 9:30 a.m. in the Library multipurpose room to discuss SB 1543 regarding the alloca- tion of emissions standards and would encourage each member of the Council to attend the hearing to present personal opinions on the bill. (East Avenue Crosswalk) Mayor Pritchard wondered if anything has been done to solve the problem of water at the crosswalk on East Avenue in front of the High School and suggested that perhaps a wooden bridge would help and Mr. Lee commented that the ultimate solution is an extension of the storm drain. Perhaps this will be done next fiscal year and he suggested that it be considered during the next budget session. Mr. Lee stated that he would certainly look into the suggestion of the wooden bridge as a temporary solution to the problem. eM-29-75 November l2, 1974 eOMMUNIeATION FROM ALA. CTY. RE VAS eo RD. A letter was received from the Sheriff of Alameda County indicating that with respect to letters received from the Council as to speed on Vasco Road, enforcement of the speed limit will begin immediately. No action was taken on this matter. COMMUNICATION FROM BD. OF DIRECTORS OF ALAMEDA COUNTY RE ALAMEDA CREEK A letter was received from the Board of Directors of Alameda County Water District regarding the flow of Alameda Creek noting that the solution to the problem of pollution is elimination, not dilution. No action was taken on this item. COMMUNICATION RE USE OF ARROYO DEL VALLE PROPERTY A letter was received from the office of the County Administrator indicating that all bids for the sale or utilization of the Arroyo del Valle property have been rejected and the County Administrator has been directed to work with the recreation district and school district in developing further proposals for the utilization of the property. LARPD will be discussing this item tomorrow night and the County is awaiting input from LARPD. Cm Miller suggested that a letter be sent to the County asking that the property be leased to LARPD, with which the Council con- curred. COpy OF LETTER SENT TO MRS. EULER RE 1-580 The Department of Transportation responded to Mrs. Euler's letter suggesting that trucks be prohibited from using I-580 during cer- tain hours by saying that they could not favorably consider this suggestion because the only other route available would be Route 24 and the suggestion would add to the congestion during commute hours for Route 24. Cm Miller noted that a representative of MTC feels the concept of prohibiting trucks for a short period in the morning and afternoon would be effective. eOMMUNICATION FROM CURA ASKING FOR COUNCIL REPRESENTATIVE ON BOARD A letter was received from Richard A. Bailey, ehairman of the Board of Directors for C.U.R.A., Inc. (Carnales Unidos Reformando Adictos Brothers United in Reforming Addicts) stating that the Board has four vacancies and would like a Council member to serve on the Board. Mayor Pritchard stated that the eouncilmembers are presently serving as representatives to many organizations and that perhaps the matter should be referred to the HORIZONS counselors who might be interested in serving on the Board. CM-29-76 November l2, 1974 COpy OF ALBANY RESOLUTION REGARDING PT&T RATE HIKE A letter was received from the City of Albany with the attachment of a resolution uriging that the California Public Utilities Commission deny the requested rate increases of Pacific Telephone and Telegraph Company. Cm Miller stated that he has spoken with Mr. Piepenburg of Pacific Telephone regarding the requested rate increase and that the reasons for the increase appear to be justifiedi however there is one item that bothers em Miller which is that in recent years the PUC has increased the rate of return allowed the Telephone Company by sub- stantial amounts. Although the reason for the rates may be reasonable if they are not approved it is equivalent to a decrease in the rate of return and he feels the rate of return should be decreased and MOVED TO SUPPORT DENIAL OF THE RATE INeREASE, which died for lack of a second. eM TURNER MOVED THAT THE LETTER FROM THE CITY OF ALBANY BE NOTED FOR FILING, SECONDED BY CM FUTCH AND PASSED 4-l (Cm Miller dissenting). Mr. Piepenburg, Manager of Pacific Telephone, stated that they are not aSking for an increase in the rate of return but rather slightly increased rates to allow them the rate of return they have been allowed. REPORT AND COMMUNICATION RE BIKE PATHS The report from the Public Works Director and the communication from Judge John A. Lewis was postponed to November 25th to allow review of the matter by the Livermore Bikeways Association. REPORT RE AREA LIGHT- ING FOR HOLMES STREET & CONCANNON BOULEVARD Cm Turner stated that with respect to the report regarding the light- ing at the intersection of Holmes Street and Concannon Boulevard, the report did not really answer his question about lighting for the intersection. Mr. Lee explained that the staff concluded that though there may not be an excess amount of light at the intersection it is adequate and the new traffic signal installation will commence in about 90 days which will include additional lighting and it would not be practical to go ahead with additional lighting at this time. REPORT RE EAST COUNTY GOVT. CENTER SITE LOCATION The City Manager reported that the County has retained a consultant firm (Ratcliff, Slama & Cadwalader) to recommend a site for locating several County administrative, health and judicial structures within the valley. The proposed site is on Sunol Boulevard, adjacent to the new City of Pleasanton civic center. Mayor Pritchard stated that he has received suggestions from other people and personally feels that consideration should first be given to the Santa Rita site because it it centrally located, AND SO MOVED, BY CM TURNER AND SECONDED BY CM TIRSELL, AND PASSED UNANIMOUSLY. em Turner noted that this land is already owned by the County and the jail also is already located there. CM-29-77 November l2, 1974 REPORT RE PROUD COUNTRY PARK SITE The report from the Planning Director regarding the Proud Country park site was submitted to the eouncil for information and no action was required. DISCUSSION RE EIR FOR OVERPASS STRueTURE FOR REGIONAL SHOPPING CENTER em Miller stated that the City of Pleasanton intends to prepare and file a negative declaration on the overpass for the proposed regional shopping center. He stated that the City of Pleasanton expects people to come from out of town and use the overpass when coming to the shopping centeri consequently, it is not just a trivial matter that they can forget. There are growth inducing aspects of it for the area for which the overpass provides access and would suggest that the eity of Livermore suggest to the City of Pleasanton that they have hearings on the matter and that a negative declaration is not reasonable. CM MILLER MOVED TO DIREeT THE STAFF TO SEND A LETTER TO THE CITY OF PLEASANTON SAYING THAT THE eITY OF LIVERMORE FEELS A NEGATIVE DE CLARA- TON IS NOT SUFFICIENT, SECONDED BY CM TURNER. Cm Turner stated that prior to voting for the motion he would like to know, in writing, what prompted them to file a negative declara- tion. Cm Miller replied that their reason for filing a negative declara- tion was because they felt it had no impact on anything. When it was suggested that perhaps the matter could be postponed for a week, em Miller was concerned about the time element. It was the Council's decision to continue this item to the meeting scheduled to be held at 5:00 p.m., Wednesday, November l3, in the City Hall Conference Room. ORDINANCE ADOPTING UNIFORM BUILDING CODE ORDINANCE NO. 853 AN ORDINANCE AMENDING ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 6, RELATING TO BUILDINGS, BY THE AMENDMENT OF SECTION 6.l THEREOF, RELATING TO ADOPTION OF UNIFORM BUILDING CODE, VOLUME I, 1970 EDITIONi THE UNIFORM BUILDING eo DE STANDARDSi 1971 SUPPLEMENT TO THE UNIFORM BUILDING CODE, OF ARTICLE I, RELATING TO GENERAL PROVISIONS, OF THE LIVERMORE CITY eODE, 1959. ON MOTION OF eM MILLER, SEeONDED BY CM TURNER, THE ABOVE ORDINANeE WAS ADOPTED UNANIMOUSLY. ORDINANCE ADOPTING UNIFORM FIRE CODE ORDINANCE NO. 854 AN ORDINANCE AMENDING ARTICLE II, RELATING TO FIRE PREVENTION eODE, OF CHAPTER 9, RELATING TO FIRE PROTECTION, OF THE LIVERMORE CITY CODE, 1959. CM-29-78 November 12, 1974 (Fire Code Ordinance) ON MOTION OF CM MILLER, SECONDED BY CM TURNER, AND BY UNANIMOUS APPROVAL THE FOREGOING ORDINANCE WAS ADOPTED. PROPOSED ORDINANCE RE RS ZONING DISTRICT A public hearing had been held and an ordinance prepared regarding the RS Zoning District for adoption at this timei ~owever, em Miller questioned why RS-l.5 had not been included in the ordinance and was advised by the Planning Director that it could not be included inasmuch as it was not advertised, and the item is now before the Planning Commission. Mayor Pritchard suggested that perhaps they should postpone adoption of the ordinance at this time until the RS-l.5 could be included, and the eity Attorney indicated that it would save an extra publi- cation of the ordinance. After some discussion the majority of the Council concurred that there was no urgency to adopt the ordinance. CM TURNER MOVED THAT THE MATTER BE eONTINUED FOR ONE MONTH, SEeONDED BY CM FUTCH AND THE MOTION PASSED 4-1 WITH CM MILLER DISSENTING REPORT RE EXPRESS BUS TRIAL PROGRAM The report from BART regarding the express bus trial program had been removed from the Consent Calendar for discussion at this time. Mayor Pritchard asked why there were only three stops scheduled in Livermore, and why some of the suggested stops had been deleted, especially the hospital stop. The Public Works Director explained that it had been originally intended to have the hospital stop and also a stop at Murdell Lane which is just outside the city limits, and the County felt that was an improper location as there were problems on the north side of Stanley Blvd which forced them back to the intersection of Murrieta Blvd. and Stanley Blvd. which was so close to the hospital stop that they combined the two stops. Cm Miller offered that use of the BART bus is for people traveling between Livermore and Pleasanton which would include those needing to use the hospital, and he felt the hospital stop should be put back in. em Miller also suggested that there be stops at Portola and North Livermore Avenue, and if the busses go up "L" Street there could also be one 'in that vicinity. Also the bus should go to the laboratory, to the Louis Shopping area for the low income and elderly housing pro- jects and the Granada Shopping Center or El Caminito as the City should make an effort to encourage the system especially since there are so many stops in Pleasanton. Mr. Lee explained there is also another side - if there are too many stops, everyone boarding a bus in Livermore would have to make all the stops which slows down the trip. He felt that Pleasanton should attempt to have fewer stops and Livermore should only have a few. He further explained that there had been discussion concerning the run to the laboratories, but they have not been authorized to make the run out there as yet. em Turner agreed that there should be as few stops as possible because the whole idea was to have express bus service. CM-29-79 November l2, 1974 (Express Bus Service) Cm Miller felt strongly that a bus to the laboratory should have priority in order to make efficient use of the system. CM MILLER MOVED THAT THE COUNCIL ASK BART TO CONSIDER THE FOLLOWING: STOP AT THE HOSPITAL, POSSIBLE EXTENSION OF SERVICE TO THE LAB WITH A STOP AT APPROXIMATELY LOUIS SHOPPING eENTERi eONSIDER A STOP IN THE AREA OF PORTOLA AND NORTH LIVERMORE OR L STREET TO SERVE NORTH LIVERMORE AND THE POSSIBILITY OF A FEEDER LINE FROM GRANADA VILLAGE; MOTION WAS SECONDED BY CM TURNER. Cm Tirsell commented that there will probably be problems with park- ing of cars wherever there are bus stops and part of the ability to ride a bus is not to drive your car and clog the streets - the people should have someone drive them to the bus stop or ride a bicycle and she felt that they should investigate the possibility of bicycle stands at Murrieta with bicycle locking. A VOTE WAS TAKEN ON THE MOTION'WHICH PASSED UNANIMOUSLY. ADJOURNMENT Mayor Pritchard adjourned the meeting at ll:50 p.m. to an adjourned meeting at 5:00 p.m., Wednesday, November 13, 1974, at City Hall eonference Rooom for the EIR report of Pleasanton on the Stoneridge Shopping Centeri immediately following that there will be an execu- tive session to discuss labor negotiations and the appointment to the Greens Committee. On Thursday at 5:00 p.m., November l4, 1974, they will adjourn to a her executive session to discuss three items: current liti t' n, pending l' tion nd personnel matters. ATTEST ) Cl.ty Clerk Livermore, California APPROVE ADJOURNED REGULAR MEETING - November l3, 1974 An adjourned regular meeting was held in the conference room, City Hall, 2250 First Street, on Wednesday, November l3, 1974. The meet- ing was called to order at 5:00 p.m. by Mayor Pritchard. Present: em Turner, Miller, Futch, Tirsell and Mayor Pritchard Discussion: EIR - Overpass Structures, Stoneridge Shopping Center A brief discussion was held on the possibility of the City commenting on the proposed overpass structures planned for the shopping center by the City of Pleasanton and it was decided that the matter was not to be pursued. ON MOTION OF CM FUTCH, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE THE MATTER WAS TABLED. The meeting then adjourned to an executive session in the Court ehambers, 39 South Livermore Avenue, to meet with the Fire Department, staff and negotiating team for discussion of pending labor relations matters. Meeting adj ned 6:30 p . to hursday, ll-l4-74 at 3070 East Avenue. ATTEST Cl.ty Clerk LiVermore, ealifornia APPROVE CM-29-80 Adjourned Regular Meeting - November 14, 1974 An adjourned regular meeting was held on Thursday, November 14, 1974, at the Livermore Mortuary, 3070 East Avenue. The meeting was called to order at 5:l5 p.m. by Mayor Pritchard. PRESENT: Cm Turner, Miller Futch, Tirsell and Mayor Pritchard The Council adjourned to an executive meeting to discuss current and pending litigation, appointments to the Greens Committee and Noise Abatement Committee. The meeting APPROVE ATTEST Regular Meeting of November 18, 1974 A regular meeting of the City Council of the City of Livermore was held on November 18, 1974, 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 Tirsell, Turner and Mayor Pritchard ABSENT: Cm Futch and Miller (Excused to attend MTC Hearing) PLEDGE OF ALLEGIANCE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. SPECIAL ITEM Presentation of Beauti- fication Committee Awards Certificates were presented to two retiring Beautification Committee Chairman - Rick Irby and Tim Cody. ( Awards were presented for landscaping or other outstanding features concerning their homes to the following: Teofilo Aglibut, 245 Junction Avenue Gaspar Tejada, 257 Junction Avenue Jim Kucala, 5423 Evelyn Way Mr. and Mrs. Robert BeaSley, 5409 Betty Circle David Waters, 5412 Charlotte Way Henry Femons, 4172 Drake Way Verba Auten, 2287 Palm Avenue Herman Rhinehart, l023 Sherry Way Henry & ehristine Andreski, 1463 Heidelberg William and Marge Martin, l420 Naples Way Ronald E. Smith, 1598 Helsinki Way David M. Butler, 405 Cedar Neal and Juanita Russell, 155 El Caminito Milton and Marilyn Moebus, 434 Encino Drive Decals were also awarded to Walt Davies and Lynn Watson in recog- nition of their former service on the committee. CM-29-8l November l8, 1974 OPEN FORUM Re Shopping Center and Assessment District Paul Tull, 2243 Linden Street, referred to a newspaper article regard- ing the shopping center already built and was told the article was erroneOUSi also he questioned the make up of the assessment district. PUBLIe HEARING RE REZONING FROM ID TO OPEN SPAeE-AGRICULTURAL DISTRICT TO OTHER DISTRICTS - East and West Sides of Kitty Hawk Blvd The public hearing regarding the possible rezoning from ID to Open Space and Agricultural Districts or to Other Districts provided by the zoning Ordinance, property bounded by I-580 on the east and west sides of Kittyhawk Blvd., south of Las positas Blvd. was reopened by the Mayor. Mr. Musso briefly explained that the reason the zoning action was initiated was due to the adoption of the I-I, II, and III zones to replace replace the ID and IM Districts, applicable to the airport- golf course area. The zoning recommended for this area by the Planning Commission was I-I which allows 50% coverage. He also talked about land on the east side of Kittyhawk Road which had once been agricultural land. Written testimony was received from Joseph A. Schenone of Haley, Schenone, Tucker, Birchfield & Smith, who indicated that he had no further testimony other than to request that the Council leave the zoning agricultural until a more practical solution for zoning can be accomplished. CM MILLER MOVED TO CLOSE THE PUBLIC HEARING SINCE THERE WAS NO FURTHER PUBLIC TESTIMONY, SECONDED BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE. The Planning Commission recommended that both Area land 2 be zoned I-l with approval to be based on the following findings: l. That the proposed rezoning is in conformance with the General Plan. 2. That the public necessity, convenience, and general welfare requires the adoption of the proposed rezoning. CM TURNER MOVED TO ADOPT THE RECOMMENDATION OF THE PLANNING COMMISSION, SECONDED BY eM TIRSELL. em Tirsell suggested tha~ perhaps the motion should include direction to the staff to prepare an ordinance WHICH CM TURNER ACCEPTED AS PART OF THE MOTION. AT THIS TIME THE MOTION PASSED BY UNANIMOUS VOTE. CONSENT CALENDAR Committee Minutes Minutes were received from the following committees: Beautification eommittee - October 2, 1974 Design Review Committee - November 6, 1974 Planning Commission - October 29, 1974 Cm Turner remarked that he is very impressed with the amount of work being done by the Beautification Committee and would like to express appreciation of their effort. CM-29-82 November 18, 1974 Report re Bicycle Licensing Program The City Manager reported on new legislation concerning licensing of bicycles and that the Department of Motor Vehicles will obtain and sell a standard statewide bicycle "plate". /~ Appointments The following resolutions appointing members to the following committees were adopted: RESOLUTION NO. l79-74 APPOINTMENT OF MEMBER TO GREENS COMMITTEE (Mrs. Terry Burnsed) RESOLUTION NO. l80-74 A RESOLUTION ESTABLISHING A NOISE ABATE- MENT COMMITTEE AND APPOINTING MEMEMBERS THERETO. Payroll & Claims There were 143 warrants in the amount of $73,789.60, dated November l8, 1974, approved and ordered paid by the City Manager. APPROVAL OF CONSENT CALENDAR ON MOTION OF CM TIRSELL, SECONDED BY eM TURNER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS APPROVED. MATTERS INITIATED BY COUNCILMEMBERS (Wooden Pedestrian Bridge So. L Street & Arroyo Rd) em Turner stated that he has received complaints from bike riders with respect to the wooden portion of the Arroyo bridge. Nails are protruding so that bikes cannot cross and Cm Turner asked that the staff check the bridge. (Letters to Candidates re Campaign Signs) Cm Turner asked that the Beautification Committee be directed to send letters to people who were candidates during the recent election and ask that they remove campaign signs that are still posted around the City. (Resolution Commending Mr. Parness) ~ ( Mayor Pritchard read the resolution commending Mr. Parness which was adopted by the Council during a previous meeting. The reso- lution commended Mr. Parness on his election of President of the City Managers' Department of the League of California Cities, and was presented to Mr. Parness at this time. COMMUNICATION FROM ROBERT ALLEN RE GOALS A letter was received from Robert S. Allen regarding his goals as the director of BART. em Tirsell stated that perhaps Mr. Allen is confused as to what his jurisdiction is and it might be helpful to have such outlined for the Council and MOVED THAT THE BART BOARD BE CONTACTED WITH RESPEeT CM-29-83 November 18, 1974 (Robert Allen re Goals-BART) TO THE OUTLINE OF DUTIES OF A BART DIRECTOR AND TO SEND THEM A COpy OF MR. ALLEN'S LETTER TO THE COUNCIL, SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. Cm Turner read a statement prepared by him which indicated that it would appear from statements made by Mr. Allen that he intends to have BART bypass Livermore unless the City capitulates to his wishes. REPORT RE S. P. SHOPPING CENTER DEVELOPMENT AGREEMENT Mayor Pritchard explained that Mr. HaResworth is present this even- ing to discuss the Southern Pacific Shopping Center Development and is pressed for time and with the Council's concurrence moved to Item 5.8 on the agenda at this time. Mr. Lee explained that the agreement is related to the S. P. Shopping Center development and provides for the dedication of street right- of-way on Railroad Avenue, adjacent to the developmenti it provides for the City's acceptance of the improvements and bonding for the improvements and also provides for the delay of certain improvements as a result of the City's not having accepted a specific design for Railroad Avenue and provides for bonding for those delayed improve- ments. The agreement is also intended to reflect the decisions the Council has made in previous meetings during which this matter has been discussed. There is a supplemental agreement the company pro- poses that provides for the dedication of some small parts of the right-of-way westerly of the development, that will tie Railroad Avenue into Stanley Boulevard, explaining that the S. P. Development Company is the parent company and not the same company as the rail- road development company and this is the reason for the supplemental agreement providing for the dedication at a later time. The main agreement is in order which the staff would like the eouncil to approve and would like the supplemental agreement to be considered in conjunc- tion with the main agreement because it is the same subject. It was noted that prior to signing of the agreement the City Attorney would like the matter of the easement dedication to be clarified and would like to review this before it is signed. It is recommended that approval of the agreement be given subject to this condition. Mr. Logan, the City Attorney explained that there is no problem with the Council agreeing to enter into a contract to convey but would sugqest that it be subject to the City's seeing the standard form of easement and approving it before the Council signs the contract. Unfortunately, there was an exchange of letters earlier in the proceedings on this with a letter sent by the So. Pacific Development Company to the City which involved a misunderstanding and some of the letters may tend to reflect, at some later date, understandings that may be somewhat different than what the agree- ment reflects. For purposes of this record and for what the Coun- cil is now doing it should be clearly understood that the agreement the Council has encompasses the entire understanding in the written agreement and any letters or oral agreements outside of this written agreement are not binding upon the City. Mayor Pritchard asked if the supplemental agreement should be in- cluded and Mr. Logan stated that he has no objection with the Council approving the supplemental agreementi however, it should be approved on a separate basis and not in the same resolution as the main agree- ment. one motion could be made for two resolutions. Mr. Hanessworth stated that the motion and resolutions as discussed would be satisfactory but his main concern at this point is the issuance of building permits and wondered if the issuance of build- ing permits would be included in the resolutions. Mr. Lee explained that the building permits would be issued immedi- CM-29-84 November 18, 1974 (S.P. Shopping Center) ately after the form of the standard agreement is approved by the City Attorney. Mr. Hanessworth indicated that they would like to start construction tomorrow and Mr. Logan pointed out that all he needs to see is the standard form of agreement and ~ doe~ p~tneed to see an executed agreement . ~ Pt(:'J~k-~__<J ~A'::.. CM TIRSELL MOVED THAT THE COUNCIL APPROVE THE RESOLUTION RATIFYING THE AGREEMENT SHOWN IN THE AGENDA WITH THE STIPULATION THAT THE ENTIRE CONTRACTUAL AGREEMENT IS EMBODIED IN THAT AGREEMENT, SEeONDED BY CM TURNER AND PASSED UNANIMOUSLY. RESOLUTION NO. 184-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR DEDICATION AND IMPROVEMENT OF STREETS (Southern Pacific Development Company) CM TURNER MOVED TO ADOPT A RESOLUTION APPROVING THE SUPPLEMENTAL AGREEMENT, eONDITIONED UPON REVIEW OF THE LEGAL MATERIAL BY THE CITY MANAGER AND THE CITY ATTORNEY, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. RESOLUTION NO. l86-74 A RESOLUTION AUTHORIZING AGREEMENT TO CONVEY EASE- MENT (Southern Pacific Development Company). A letter was received from the Public Works Agency of the County of Alameda noting that the resurfacing of Vasco Road has been completed and in accordance with the request of the City a speed zone survey was conducted to determine whether or not the speed limit should be lowered. COMMUNICATION RE RESURFAC- ING AND SPEED RE VASCO RD Cm Tirsell asked that Mrs. Francis Harper of the Greenville North area receive a copy of the letter from the County. COMMUNIeATION EXPRESSING APPRECIATION FOR USE OF THE BARN A letter expressing appreciation for use of The Barn was received from the Livermore Valley Lithophiles, noted for filing. eOMMUNICATION FROM OAKLAND SCAVENGER CO. r A letter was received from Oakland Scavenger Company announcing the location of their newly acquired property to be used as a regional sanitary landfill for Alameda County which is in the Altamont Hills approximately eight miles east of the City of Livermore. The Council indicated that there were questions they would like to ask about this matter and asked that the matter be scheduled on the agenda for discussion at such time as a full Council is present. COMMUNICATION FROM ALAMEDA eOUNTY FLOOD eONTROL RE BOARD POLICY A copy of the policy for the protection of the ground water resources in the Livermore Amador Valley which was adopted by the Zone 7 Board of Directors was submitted to the City Council for information. CM-29-85 November la, 1974 REPORT RE LIVERMORE VALLEY RUNNING CLUB MARATHON The City Manager reported that the Livermore Valley Running Club has requested services of three police officers on December 7, 1974, during which time Valley Running Club will sponsor a Mara- thon road race. Mr. Parness noted that it is not possible for the eity of Livermore to afford regular police officers during the times they have requested and it is recommended that the appli- cant be required to retain the services of three reserve police officers and pay the requisite fee. Dan Moore, Secretary of the Livermore valley Running Club explained the race that is scheduled to take place on December 7th which will take place between the cities of Livermore and Pleasanton. They feel there are four dangerous intersections through which the par- ticipants will be running and they would like police officer assis- tance in controlling traffic at these intersections. It was noted that the group has received the necessary permits for using the public streets for such a purpose and there was brief discussion regarding the proposed race and events police officers generally help with and it was noted that the organization generally pays the cost of police assistance. Mayor Pritchard wondered if there would be any objection on the part of the staff if officers offered to donate their time and no objec- tion was voiced. Mr. Logan explained that if an officer would be acting in an offi- cial capacity on a volunteer basis, he would be liable for anything he would normally be liable for with respect to public liability. ON MOTION OF CM TURNER, SECONDED BY CM TIRSELL, AND BY UNANIMOUS VOTE, THE REQUEST FOR POLICE OFFICER ASSISTANCE WAS DENIED AND THE POSSIBILITY THAT THERE WILL BE DONATED TIME WITH THE KNOW- LEDGE THAT THEY WILL BE LIABLE, AS DURING OFFICIAL DUTY. Mayor Pritchard suggested that Mr. Moore discuss the matter with the eity Manager before approaching the police Department. EMERGENey AMBULANCE CONTRACT AMENDMENT The City Manager explained that the terms of the agreement executed between our City, Pleasanton and the County for provision of emer- gency ambulance services generally specified that the qualifiable types of expense items would be tallied at the end of the fiscal year and these were spelled out. There was a percentage return available for the company to approve amounting to lOt of the gross expense. In the event there was a deficit, it was required that the three subsidizing agencies make up the deficit. Based upon a careful examination and filing of an account report by an outside CPA, together with a very careful analysis of the entire books by the controller of the hospital that the increase in the subsidy rate being requested is justified, which is as follows: a) An increase in the monthly subsidy from $10l2.50 to $1173.33, effective July l, 1974i b) ambulance rates be increased from $45 to $50 per pickup and an emergency run fee of $5 be grantedi and c) a fourth ambulance unit be added for location in Livermore area. em Turner indicated that he had some questions concerning the fin- ancial statement which he would like answered before he made a decision, and Mr. Parness suggested that Cm Turner contact Mrs. Gurney, the controller at the hospital, if he wished to have the matter postponed. CM-29-86 November 18, 1974 (Emergency Ambulance Contract Amendment) CM TURNER MOVED THAT THE MATTER BE CONTINUED FOR ONE WEEK, SECONDED BY CM TIRSELL AND THE MOTION PASSED UNANIMOUSLY. ARCHITECTURAL CONTRACT AMENDMENT - FIRE STATION The City Manager explained that when the agreement with the architec- tural firm was filed with the City Council it was based on a cost estimate composed by the staff using $35 per square foot, and the architect was retained based on that estimate. In the basic form agreement that is now being used, there is a provision regarding excessive bidding costs and if they exceed 10% of the amount speci- fied as a budget, the architect is responsible for redesign without cost to the client. After going into some of the details of the structure requirements and checking with professional estimators, the architect has concluded that the figure should be $48 per square foot. Mr. Parness stated there has been a lot done already in cutting some of the fringes, to the extent that the staff is asking for a slight addition to the budget estimate of $30,000 which would be an amendment to the agreement - $530,000 rather than $500,000. Mr. Parness stated that the second request to the amendment is one that would offer a waiver to the architect for any structural defects that may be caused by improper design, which is a form type of appeal made by the insurance companies and invariably the clients always deny this amendment. CM TIRSELL MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING CONTRACT AMENDMENT FOR THE INSERTION OF A NEW ESTIMATED CONSTRueTION PRIeE FIGURE OF $530,000i MOTION WAS SECONDED BY CM TURNER. Mayor Pritchard questioned the cost increase of $30,000 which he did not think was correct in figuring the square foot increase for the square footage of the building, and Mr. Parness agreed that it did not, but the architect is of the belief that it can be done for the $530,000. Mayor Pritchard stated he did not wish to make a decision without having a resolution before him and would favor postponing the matter until there is a signed contract. VOTE WAS TAKEN ON THE MOTION WHICH PASSED 2-l WITH MAYOR PRITCHARD DISSENTING. RESOLUTION NO. lSl-74 A RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT (Associated Professions, Incorporated) The City Manager had reported that the Exxon Service station at the corner of Chestnut and No. P Streets has been acquired by our City for the grade separation project. This bill of sale transfers title to the agreed upon physical improvements to the City, including the station structure, storage tanks and appurtenances. Mr. Parness further explained this was more or less routine and was a part of the sale price on the property and merely transfers title to the improvements, which the City wants. The storage tanks will be stored ~ for a time but will eventually be used at the airport. Mayor Pritchard questioned whether there would be any liability and the City Attorney explained the only thing might be potential lia- bility created by the fact there are some structural problems on the improvements if someone was hurt playing around there. The other might be in removal of the tanks, and the City employess will be advised they will have to be careful in removing these and REPORT FROM CITY MANAGER RE BILL OF SALE - EXXON CO. CM-29-S7 November l8, 1974 (Bill of Sale - Exxon Co.) liability lies with Workmans' Compensation. He further stated it is a standard Bill of Sale and would recommend it be adopted. CM TIRSELL MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING EXEeUTION OF THE BILL OF SALE: SECONDED BY CM TURNER AND APPROVED UNANIMOUSLY. RESOLUTION NO. l83-74 A RESOLUTION AUTHORIZING EXECUTION OF BILL OF SALE (Exxon corporation) eORPORATION YARD STORAGE BUILDING The City Manager reported that the current budget allocates $2,900 for the purchase of a small 375 sq. ft. metal storage build- ing for our Park and Tree Department. The former Exxon building at Chestnut and No. P Streets, now owned by us and almost three times as large, can be moved and set up for about the same price, and it is requested that moving and setup be authorized. em Turner asked if a ceiling of lO% more than the amount authorized of $2900 could be set for this, and was assured it could be done for this amount. CM TURNED MOVED TO ADOPT A MOTION AUTHORIZING THE MOVING AND SET UP OF THE SERVIeE STATION STRUCTURE, and THAT THE COST NOT EXCEED MORE THAN 10% OF THE $2,900 BUDGETED FIGURE: MOTION WAS SECONDED BY CM TIRSELL AND APPROVED UNANIMOUSLY. RESOLUTION NO. 182-74 A RESOLUTION AUTHORIZING USE OF BUILDING (Storage Building Acquired from Exxon Corporation) REPORT RE GRADE SEPARATION PROJECT STATUS Mayor Pritchard suggested that the discussion regarding this report be postponed for later together with the report on the materials pay- ment, awaiting the arrival of Cm Futch and Miller. REPORT RE JOINT MEETING WITH LARPD Mayor Pritchard commented that at the last Council-LARPD liaison committee meeting it was concluded that another meeting should take place sometime in January and the eouncil selected January 22nd to meet with LARPD. REPORT RE TAX OVERRIDE FOR ADDITIONAL POLIeE AND FIRE PERSONNEL The City Manager reported that the eouncil discussed placing the matter of a tax override for police and fire personnel on the ballot and if the Council decides that such should be done the request must be made formally to the Board of Supervisors no later than December 16th. If further discussion and considera- tion is needed there are only two remaining Council meetings during which this subject can be discussed. em Turner commented that the suggestion of a tax override was made by him, fostered by other people, and he is concerned about CM-29_88 November 18, 1974 (Tax Override for Addition- al Police and Fire Personna the number of police officers being used to cover the entire City of Livermore on patrol during the night - that number being three. He stated that he is concerned to the extent that if the City cannot afford to hire more policemen or firemen that the tax override should be considered. He stated that we are not in a panic situation yet but non-emergency calls are being delayed because there just are not enough patrolmen. Mayor Pritchard stated that he has no objection to placing the matter on the ballot but at the same time would like to see the matter of election of mayor placed on the ballot so the people can vote on whether or not they wish to have an elected mayor. He stated that hif the matter of the tax override is placed on the ballot he would like it to state how much money will be spent and how many additional people would be hired for the two departments if it does appear on the ballot. Mr. Parness stated that as he recalls the report done on this item indicated that the tax rate for the first year would be something in the order of 23~~ with an increase up to 58~~ by the fifth year. He stated that possibly the measure could ask the people for per- mission to increase taxes up to 50~, 60~, or whatever they feel will be needed and for the Council to be allowed to set the tax rate, per year, in accordance with the need. He pointed out that this amount would suffice for only five years. em Tirsell pointed out that there are other areas that will be requesting additional funds also, such as the School District, which has already asked that a tax override measure be placed on the next ballot, and feels it is imperative that this measure passes. She added that with the economy the way it is, at present, it would be extremely likely that a tax override for additional police and fire protection would fail. Mr. Parness was asked his opinion and he indicated that he feels the need, at this time, is really not that critical. He commented that he would agree personnel levels are not what they should be but being the type of community Livermore is, fortunately, it is not critical for the additional personnel. Cm Turner stated that he does agree that it is very important that the tax override for the School District passes and even though he is very concerned over the need for additional personnel for the Police Department and Fire Department agreed that possibly the timing isn't right for asking for the additional tax increase for this purpose. He stated that he doesn't seem to be receiving much support for the suggestion and would like to table the matter and speak with Cm Miller and Futch about it. RECESS Mayor Pritchard called for a 15 minute recess at this time in order to allow Cm Miller and Futch the opportunity to attend the remainder of the meeting and prior to discussing Items 4.6, 5.2 and 5.7. /~ After the recess the Council meeting resumed with Mayor Prithard, em Tirsell and Turner present. COUNCIL MEETING RESUMED CM-29-89 November 18, 1974 DISCUSSION RE CN- NEIGHBORHOOD COMMERCIAL DIST. ON MOTION OF CM TIRSELL, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, DISCUSSION REGARDING CN-COMMERCIAL NEIGHBORHOOD DISTRICTS WAS CON- TINUED TO THE NEXT MEETING. REPORT RE MATERIALS PAYMENT RE GRADE SEPARATION PROJECT Mayor Pritchard stated that he is extremely sorry Cm Miller and Futch are not present to discuss the matter of the materials pay- ment for the grade separation project and Mr. Parness suggested that if the Council would prefer, perhaps they could meet tomorrow for about an hour with all members of the Council present. He stated that the only reason he suggests this is because it is a matter of deep concern to the contractor and it has been delayed for something like three weeks by Mr. Parness and the City Attor- ney because they were not satisfied with some of the papers given to the City and the contractor has been assured that there would be some action taken tonight. The Councilmembers agreed to meet at 9:00 a.m. Tuesday, November 19th, and if the other members of the Council cannot be present they promised the contractor that they would take action in any case. ADJOURNMENT Mayor pritchard adjourned the meeting at 10:00 p.m. to an adjour- ned regular meeting Tuesday, November 19, 1974, at 9:30 a.m. at City Hall, Conference Room, 2250 First Street, and also to an executive session at 5:00 p.m., Thursday, November 21, 1974, at 3070 East Avenue, L~re Mortuary~~~_, ,~ APPROVE 4F~~~ J ' dil~ C1ty C erk Livermore, California ATTEST Adjourned Regular Meeting - November 19, 1974 An adjourned regular meeting was called to order by Mayor Pritchard at 9:30 a.m., November 19, 1974 in the conference room of City Hall, 2250 First Street. Present: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard purpose: Discussion of Payment (Hensel-Phelps) re Grade Separation Project This matter had been continued from the meeting of November 18, 1974, since two Councilmembers had not been present and had expressed a desire to be able to participate in the discussion. City Manager, william Parness, explained briefly the problem, which is that the girders for the grade separation project have been completed, are in Arizona, and the company does wish to be paid. When the contract was signed the usual schedule was not followed. The girders were ordered, fabricated, are ready, and have been inspected by a certified private engineering firm. Concern has been expressed regarding payment for materials because CM-29-90 November 19, 1974 (Grade Separation Project) the contract calls for delivery on-site before any advance payments are made. The bonding company was contacted and has agreed to remain liable on the bond to guarantee performance, even though the agreement calls for delivery on site and the pre-stress girders will be paid for before delivery on site. In view of the guarantee by the surety company, expressed in a letter on file, the City Council can agree to waive the provision requiring material to be on site before payment. Obtaining the additional guarantee from surety was to protect the City in the remote possibility that Hensel-Phelps defaults in completion of the project. Cm Turner expressed concern regarding payment for supplies not yet delivered, and Brian Robinson, Hensel-Phelps representative, ex- plained that due to the shortage of stress-strain materials the girders were ordered and fabricated all at once rather than waiting for two shipments. The manufacturer has stored them; however, he does want to be paid. Discussion was held regarding payment of interest; storing in Livermore if shipped prior to the time they will be used; payment by Hensel-Phelps with reimbursement to them when installed; payment by the City to the sub-contractor or jointly with Hensel-Phelps. It was the final decision, on motion of Cm Futch, seconded by Cm Tirsell and by a 3-2 vote (Cm Miller and Turner dissent- ing) the following resolution was adopted: RESOLUTION NO. 185-74 A RESOLUTION WAIVING SPECIFICATION IN CONSOLIDATED RAILROAD PROJECT MATERIALS DELIVERY. Also discussed was the report from Hensel-Phelps that the rail is ready for delivery; however, it would seem that some confusion exists regarding the payment for the rail: welding and loading on cars for delivery, sometime near December 15th, when it has been welded and is ready, then payment to be made 30 days thereafter. Southern Pacific indicates the rail will not be used anywhere else. Payment for the rail will again be discussed at the next regular meeting. The meeting ornia APPROVE ATTEST CM-29-9l Regular Meeting of November 25, 1974 A regular meeting of the City council of the City of Livermore was held on Monday, November 25, 1974, 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: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard Absen't: None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Council members as well as those present in the audience, in the Pledge of Allegiance. PROCLAMATIONS Mayor Pritchard read proclamations regarding the following days: November 29th "D" Day - Don't Smoke Day December 7th & 9th - Days of Hope and Unification Mayor Pritchard explained that November 29th will be the beginning of the five day plan for no smoking in Livermore and meetings will take place at Rincon Avenue School during this time. Mr. Sutherland explained that there will be a $5 registration fee to attend the meetings which will cover the cost of the materials used. MINUTES On motion of em Futch, seconded by Cm Turner and by unanimous vote the minutes for the meeting of November 12th were approved, as submitted. CONSENT CALENDAR Minutes (Committees) Minutes were received, as follows: Industrial Advisory Board - November 19 Housing Authority - October 22 Planning Commission - November 5 Departmental Reports The following Departmental reports were submitted : Airport Activity - October Building Inspection Department - October Mosquito Abatement District - September police and pound Departments - October Water Reclamation Plant - October Water Department - July/September Report re Holmes Street Paving A report was submitted by the Director of Public Works which indicated that Holmes Street has been paved by Zone 7 and is recommended for acceptance. CM- 29-92 November 25, 1974 (Holmes Street Paving) Cm Turner and Tirsell commented that they have traveled over the newly paved portions of Holmes Street and it would appear that the work done is satisfactory. Payroll & Claims There were 83 claims in the amount of $816,630.31 and 350 payroll warrants in the amount of $87,940.88, for a total of $904,571.19, dated November 25, 1974, approved and ordered paid by the Director of Finance. APPROVAL OF CONSENT CALENDAR On motion of Cm Miller, seconded by em Tirsell and by unanimous vote, the Consent Calendar was approved. MATTERS INITIATED BY THE COUNCIL ~nefects re Cal-trans Environmental Impact Statement) Cm Miller stated that he would like the staff to send letters to the Department of Environmental Affairs of the Department of Transportation and the Council of Environmental Quality, with respect to the defects in the Environmental Impact Statement prepared by Cal-Trans. He noted that there are technical as well as procedural errors in the report and new information that was not available at the time the report was reviewed in :::h::::::t:~n C~as ~~::; ~:SSiOn as to who should pre- pare the letter and)Cm Tirsell stated that she would prefer to see that the stAff prepare the letter rather than the Smog Committee because the City is the agency responsible for the petition. C M MILLER MOVED THAT THE COUNCIL FORMALLY REQUEST RECONSIDERATION OF THE ENVIRONMENTAL IMPACT STATEMENT, AND THAT SUCH A LETTER BE DRAFTED, SECONDED BY CM FUTCH. Cm Turner stated that he would assume the Council is speaking about the widening of I-580 and feels that it is tiresome that something new comes up almost weekly with respect to the widen- ing and would like to see that some definite approach is taken. He stated that he feels the people who use the freeway are being overlooked and that is really is a dangerous freeway in its present state. /~ I \ Cm Miller pointed out that the Council has taken the stand of recommending widening of the freeway; however, not to the extent the state would like and with as many lanes as they have suggested. He agreed with Cm Turner in that the Council would like to have the matter resolved soon and there is no reason this could not be reflected in the letter. AT THIS TIME THE MOTION PASSED BY UNANIMOUS VOTE. (Holiday Decorations) Cm Futch commented that it was his understanding that the holiday decorations would not be put up until after Thanksgiving and asked for a response from Mr. Lee. CM-29-93 November 25, 1974 (Holiday Decorations) Mr. Lee stated that he did not have any information as to when the decorations were to be put up by the Chamber of Commerce. Cm Tirsell stated that if it is the general consensus of the council that the decorations should not go up prior to Thanksgiving, she would be happy to relay such information to the Chamber people. 'D Q) S :;.., o G--i C 'M .... ?, <:) c Q) bO cD (Urban Planning & Sewer Disposal in Valley) Cm Futch stated that the Corps of Engineers plans to use $1 to $2 million dollars to study urban planning and sewage disposal within the valley and he is disturbed by this proposal because it would seem there are sufficient agencies at present who are involved in this issue and feels it is not necessary for another agency to become involved in sewage disposal and urban planning with^~helli~~o~ federal money. LAVWMA has already been designated as Q~/~I the~08 planning agencies and they intend to do a complete study on this item as well as other matters ~Iui il~ ~k. ~i.R1. LJ_~){'JlIA uaa =h=.I!I.I. UA .f.!UfA l~lci lhAl ~.~ J.id not have problems sufficient to warrant such a study and now it appears that another agency wants to do the same type of study, with 10-20 times the funding LAVWMA is receiving and over which the City has no control. CM Futch suggested that the Council go on record as opposing another agency and particularly the Corps of Engineers and that the City will not agree to a 25% contribution. He stated that he believes this originated with Pete Stark's office and with the Board of Supervisors and that the Council's position should be sent to them. ?, rl +' C Q) ;:) d Q) w .D ;:) w UJ cD ;s: ~ ~ <r: H 00 Cm Miller stated that he agrees with this recommendation and to ~ note that the City has never been asked to participate and has not cD 'D been involved in any way. .r! UJ'D cD ?,Mr. Lee stated that he met with BASSA and the Corps of Engineers C Q) and they have indicated that the study will not be concerned with ~~ land use and explained that it is called an urban plan study but ~ ~ deals with planning of water quality but not land use. The 25% c contribution would also be in-kind services and would not neces- .~~ sarily be a contribution of cash. He noted that they intend to do w+' a study of the complete watershed area, including the Alameda Creek ~+' watershed area, and that this might be preferable to pressure on us W 1l through BASSA for such a study. - +' ~ S Mr. Lee added that it is his understanding they have conducted such a study in the Salinas area and have worked very closely with the jurisdictions in that area and are providing a very useful study and suggestions that the Council check into the work that has been done in other areas. bO C .r! ;s: o rl rl o f:y Mr. Parness stated that he shares the concern of the Council, and particularly that mentioned by Cm Futch but would like to be allowed the opportunity to check to see what it is about and that someone from the Corps of Engineers be asked to explain this to the Council, ~ with which the Council concurred. Cm Tirsell asked that there be preparation of a paragraph related to the 208 Planning so that the Council may have a comparison. CM-29-94 November 25, 1974 (re Greenville North) em Futch brought up the matter of GreenVil~~th and Mr. Parness stated that he has been informed recently . he owners of the land that is to be used for park purposeCs aref.not i..nterested in nego- tiating sale of the property and that it would have to be obtained by condemnation. ~~~~~. Cm Turner asked about the timing involved in conde~ation proceedings and Mr. Logan, the City Attorney, explained that the process takes about a year to get to court and that there is no alternative method which would allow earlier acquisition. Mr. Parness noted that he has sent numerous letters to the Bevilacqua family and has made many telephone calls to them regarding acquisition of the property but they have refused to respond to any attempts to negotiate and doesn't know what else can be done. Cm Futch stated that he would be willing to try to contact the family, personally, and will try to see them. (Commendation - Chief Lindgren) Cm Futch stated that the Chief of Police has recently received a state commendation and would like to know the details of it and would like the City Manager to report the details and that the Council should recognize the commendation. Mr. Parness explained that this was a follow-up on behalf of Assembly- man Carlos Bee to several other notable entries that the Chief of Police received from various other civic organizations, praising him for his effort in regard to law enforcement on the local scene, and Assemblyman Bee introduced a resolution that was passed by the state Assembly and presented at the meeting of the Police Associa- tion. (COVA Executive Dir.) Cm Tirsell stated that interviews are planned for the COVA executive director for some time in December and it is anticipated that a selec- tion will be made by January for presentation, and also the first congress is being planned to which all valley agencies will be invited. She also intends to invite Mr. Dutia, the Executive Direc- tor of ACAP, to meet the Council in the near future. (Recognition of Visitor) Mayor Pritchard stated that he would like to recognize the presence of a guest in the audience, Hugh David Wharton, III, General Counsel for the western area of the Federal Energy Office. (Mayors Conference) ~ \, Mayor Pritchard commented that due to a resignation, the Mayor's City Selection Committee will be filling a vacancy for the Airport Land Committee and if anyone has a nomination it should be presented so that a selection can be made at the next Mayors Conference. CM-29-95 November 25, 1974 (P. C. Joint Study Session) Mayor Pritchard stated that a joint Planning Commission study session is scheduled for tomorrow evening with the staff at 7:30 p.m. in the Court Chamber for discussion of downtown development and that there will be a movie on flood hazards control as well as a presentation by Gary Higgins with respect to the Air Quality report. HEARING RE GENERAL PLAN AMENDMENT - COUNTY (New Town proposal) The Council received notice of a public hearing to be held regarding the General Plan Amendment for Alameda County on December 12, 1974, at 2:30 p.m. in the regular meeting room of the Board of Supervisors, at 1221 Oak Street, Oakland, California. ADOPTION OF BENNINGTON FLAG FOR BICENTENNIAL A copy of a resolution adopted by the Board of Supervisors for Alameda County was submitted to the City Council, in which they adopted the Bennington Flag as an official bicentennial symbol for the County of Alameda to be displayed during the bicentennial observation - to be displayed on the same pole as the national flag and to fly below the national flag. It was noted that the Bennington Flag was also selected by the City of Livermore as the official flag. COMMUNICATION RE BART AND RE BIKE FACILITIES A letter was received from J. Lyons stating that it appears unless one can ride a bike to catch the BART bus, they can't ride BART. He suggested that there be a BART Facilities Study Group to study the problems of all the taxpayers and urged that something be done to get the BART train into Livermore. COMMUNICATION RE RES. OF COMMENDATION A letter expressing appreciation for the resolution adopted by the City Council commending Mrs. philamena Medeiros as outstanding Citizen of the Year 1974, was received from Mrs. Medeiros. COMMUNICATION RE SOCIETY OF AMERICAN INDIANS A letter was received from John H. Emerson, Pastor of the Asbury United Methodist Church regarding the denial of financial support to the Society of American Indians. Mayor Pritchard stated that he has been meeting with the Society of American Indians concerning this item and they have requested that the matter be tabled at this time. ON MOTION OF CM FUTCH, SECONDED BY CM MILLER, AND BY UNANIMOUS VOTE, THE ITEM WAS TABLED, AS REQUESTED. CM-29-96 November 25, 1974 COMMUNICATION OF COMPLAINT RE STREET SWEEPING POLICY A letter of complaint was submitted to the City Council from Mrs. Harry RObinson, with respect to street sweeping in their area. She stated that she had to telephone and ask for the street sweeper to sweep up leaves in the street and that the leaves were swept only in front of her house. Mr. Lee explained that if a car is parked near the curb the street sweeper must go around the car and leaves remain in the area where the car was parked so that it sometimes appears that the street sweeper did not clean the area. COMMUNICATION FROM MEMBER OF COUNCIL ON ENV. QUALITY RE I-580 A letter was received from Beatrice E. Willard, from the Execu- tive office of the President Council on Environmental Quality, with respect to the widening of I-5aO. Mrs. Willard stated that they have received the report on air pollution in Livermore and that the various facts brought to their attention are under full consideration by both the Department of Transportation and the Environmental Protection Agency and that they will keep the City apprised of further things which would be of value to Livermore in regard to the widening. She thanked the Council for their interest and communication. Mayor Pritchard commented that apparently Mrs. Willard received the City's communications after action had been taken with respect to the widening but the City should keep her in mind when communicating to Washington D.C. Cm Futch stated that it is his understanding the Council on Environmental Quality has not taken action, as yet, and Cm Miller stated that apparently it is still in the state of some type of review but they did essentially accept the Environmental Impact Statement for the widening. TRAFFIC STUDY FOR NORMA WAY & MITRA ST. The City Council continued discussion of the traffic study for Norma Way and Mitra Street from the meeting of November 12th so that the property owners adjacent to the apartment houses in the area could be notified. (~ Mr. Lee explained that at the time of the last discussion the Council authorized painting of crosswalks at the intersection of Norma Way and Mitra Street and also painting of curb returns in addition to some red curbing on East Avenue, west of Mitra Street. Not all of this has been painted and there has not been time to evaluate the effect of what has been done and what will be done. He suggested that the matter be put over for at least a couple of weeks at which time a report can be made as to the effect of the improvements. Cm Tirsell stated that the people who live in the apartments are using the street to park in rather than the parking area provided by the apartment owner, according to the residents in the area, so that if the people on Norma Way have an extra car there is no place to park it and this is part of the reason the area is so congested. Mr. Lee stated that the street is very wide and at this time would not recommend that there be no parking on the street. If, however, after the new measures are evaluated and it appears that such is warranted, then perhaps this would be a suggestion to help the situation. CM-29-97 -_..--_._..,_.~-"-~~--...~._---_.._,_.._--^ November 25, 1974 (Traffic Study - Norma Way &Mitra St.) em Turner stated that there is a very definite problem during the busy hours of the day when people are going to and from work and when children are going to school. He stated that the children have to go out into the traffic area to go around the cars that are parked on the street and it really is a dangerous situation. The only way to get to the bike path is to go through this area so the children are forced to go through there. Stan Cohen, 5120 Norma Way, stated that it is extremely difficult to go from East Avenue to Mitra during heavy traffic and the cars parked on Norma Way make it more difficult to have room to turn onto Mitra. CONTINUED DISCUSSION RE ABMULANCE CONTRACT AMEND. The matter of the amendment to the ambulance contract was postponed at the request of Cm Turner so that he might review the accounting practice of the ambulance company. He is now confident that they have retained a CPA to set up an accounting practice that can be reviewed by anyone, and is satisfied with the information he received regarding the operations. It has been recommended bu Valley Memorial Hospital that the f61low- ing revisions in the contract terms be made: a} an increase in the monthly subsidy from $1,012.50 to $1,173.33, effective July 1, 1974; b} ambulance rates increased from $45 to $50 per pickup and an emergency run fee of $5 be granted; c} a fourth ambulance unit be added for location in the Livermore area. Cm Miller stated that he would question the accounting practices and if various questions have been resolved there should be some type of report indicating how everything is going to be satisfactory. He stated that he would not want to approve the contract until it is a fact there are no accounting deficiencies. Mr. Parness stated that he feels there are no accounting deficiencies but the format used in reporting the expenditures and revenue accruals are not strictly to the liking of the controller of the hospital. In looking over the books the controller has indicated that she would like things listed differently but has assured everyone that in looking over the books and accounting tabulation, everything is in order. The ambulance company has now gone to a fiscal year operation and next year their recording will be even better. The administration and controller of the hospital have indicated that the accounting is proper, valid and accurate and would recommend that the contract be accepted. CM TURNER MOVED TO ADOPT THE RESOLUTION APPROVING THE AMENDMENTS TO THE CONTRACT, SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY. RESOLUTION NO. 187-74 A RESOLUTION AUTHORIZING INCREASE IN SUBSIDY, INCREASED PICK UP RATES AND ADDITION OF EMERGENCY RATE FOR AMBULANCE SERVICE IN MURRAY AND PLEASANTON TOWNSHIPS BY DAVID PARKER AND EARL RIGGS DBA FREMONT AMBULANCE AND ADDITION OF A FOURTH AMBULANCE TO BE LOCATED IN THE CITY OF LIVERMORE. CM-29-98 November 25, 1974 DISCUSSION RE OAKLAND SCAVENGER COMPANY PROPOSED SOLID WASTE DISPOSAL SITE ~.. Cm Tirsell wondered if Alameda County has filed a solid waste manage- ment plan and Lou Alberti, representative of Oakland Scavenger Company stated that they would like to give a brief presentation of their program which is a complete recourse-recovery and solid waste pro- ject, in the Altamont hills, and would like Tom Mitri, the project engineer to be allowed to explain. Mr. Parness interjected that the County has not filed its plan. Mr. Mitri explained that the company intends to build and operate a $13 million (plus) resource recovery program for Alameda County, primarily designed to serve the east bay cities that are running out of plant and disposal sites that are located on the bay. The site will be located in the Altamont hills area on the 16 acres of land they have acquired for this purpose and will be built in stages over several decades. The major portion of the project was indicated on an illustration which he explained will be loca- ted in two places - one in Hayward and the other in San Leandro. These facilities will process the solid waste and recover metal and glass in the nature of 40,000 tons a year which represents about 20% of residential waste that will be handled by these facilities. The remainder of the waste will be hauled to the landfill site. He explained that presently about 40,000 tons of newspaper are being recovered and 10,000 tons of metal. He explained that the market, at present, for the paper is zero and the reason is because most of it had been exported to Japan who is no longer purchasing the paper because their economy is in very poor shape. He stated that the paper can be reused for various types of paper products and the ink is removed by a special chemical designed to remove the ink. There is a world-wide paper shortage so he feels the zero market is only temporary. He stated that he hasn't really explained the program in great detail but could do a slide presentation if the Council would like at some prearranged time that would take about 25 minutes. Cm Tirsell asked about plans for the property with respect to land use, once it has been filled, and Mr. Mitri stated that it will be primarily agricultural grazing land and it will be upgraded from the standpoint of making it level. ,During the filling of the area, only a small portion will be disturbed at one time with the rest remaining agricultural in use. Cm Miller asked who the property was purchased from and was told that it had been owned by Jackson and Scullion. Cm Miller felt perhaps this move was premature in view of the fact a solid waste study has not been completed. Mr. Mitri stated that basically all the area around the bay has been used up and that solid waste will be transported to the Altamont site by rail and truck. (' Mr. Parness explained that for their own operations they must find a disposal site of their own and this would appear to be the only alternative. Presently they are using the Livermore dump site. Mayor Pritchard stated that he would really be interested in having the slide presentation and perhaps this could be given with more detailed explanation at the beginning of one of the Council meetings. CM-29-99 November 25, 1974 DISCUSSION RE CN DISTRICT & PROPOSED CHANGES Mr. Musso reported that with respect to the fifth draft of the eN - Neighborhood Commercial District portion of the zoning ordinance, the underlined portions represent areas where no changes were recom- mended. Essentially, it is now a new ordinance draft. Mr. Musso stated that he would explain the major sections that were changed, such as Section 10.20 in which there was a complete review of the uses permitted. He noted that the section concerning site size was difficult to write and to understand but the idea is to allow a larger Shopping center area but to limit the square footage to what is normally a neighborhood shopping center which is still around 50,000 sq. ft., except that there has been an increase in the size of the food market: such markets are approaching 30,000 sq. ft. It was felt that the square footage of the food market should be larger than that allowed in a 50,000 sq. ft. shopping center area. He then com- mented on street frontage setback, landscaping, performance standards having to do mainly with light and a more liberal allowance for ex- terior activities, such as outdoor eating areas. He stated that almost without exception the biggest problem is not allowing storage of materials in a neighborhood shopping center. Time limit for granting a shopping center zoning was mentioned and he explained that it is intended that if the shopping center is not developed the zoning will be taken away. There will also be a requirement for approval of expansion as well as site plan approval for the entire shopping center which the present ordinance does not require. Under CUP, findings will have to be made prior to allowing uses serving customers within the motor vehicle, including the service station type of use. Eating and drinking places are to be located so as not to be detrimental to the adjacent property and with respect to the definition of eating and drinking he explained that drinking generally refers to alcoholic beverages and a CUP will be required for an eating place at a customer service and/or seating area in excess of 1,500 sq. ft. or the requirement for a CUP for a drinking place serving alcoholic beverages. He noted that McDonalds is less than 1,500 sq. ft. The Planning Commission felt that if the establish- ment was less than 1,500 sq. ft. the business would not be of a magni- tude that would be a problem and would probably be a cafe or hot dog stand and should be allowed; however, something such as The Rancher should require a CUP. The 1,500 sq. ft. also is the dividing line as to what constitutes a public assembly and what does not constitute a public assembly and would seem to be a logical dividing line. Cm Futch mentioned the increase from six acres to eight acres and Mr. Musso explained that the amount of landscaping goes up in the ratio of the site but the allowable amount of floor area remains the same. Cm Tirsell wondered why there is no minimum parcel size and Mr. Musso explained that this had been considered with respect to subdivisions and shopping center condominiums and Cm Tirsell noted that without the minimum parcel size there can be pressure for commercial uses on the area remaining in the parcels, which was followed by discus- sion of this aspect. Cm Miller pointed out that the neighborhood shopping center is de- signed to house stores that supply day to day needs such as groceries, drugs, laundry services, bakery goods and barber shops or beauty shops and suggested that in Sections 10.21, 10.22, 10.23 and 10.24, that paint, glass, wallpaper, apparel and accessories, banking and photographic services be eliminated, respectively, and that 10.23 should be more specific by adding which certain other retail trades should be allowed such as drug, liquor, cigar and newspaper, and garden supplies. CM-29-l00 November 25, 1974 (Discussion re CN District) ;- ! Cm Turner stated that he would disagree that glass, paint and wall- paper are not used on a daily basis. He added that there is not such a convenience in his area and he would, personally, be very happy to see something like that located there and many other people have stated that they would like such a service also. He pointed out that people could also bike to such a place of business to obtain supplys needed for various types of maintenance needed in the home. Cm Miller felt that the smaller jobs that would be done could be taken care of through supplies carried in the hardware or variety store and feels a specific paint, glass and wallpaper store is not necessary and Cm Turner agreed that if these items are allowed to be sold in these types of stores this would be sufficient but would have no objection to a store that sells glass, paint and wallpaper. Cm Tirsell stated that in her opinion people would appreciate having the variety to choose from which would be allowed in a specific type of store that handles paint, glass and wallpaper. em Miller stated that he feels it really is more convenient for some- one shopping for glass, paint and wallpaper, to have the stores all located within the same area so that one can go to this area and make comparisons with respect to style, price, etc. without having to get into the car and go around to every shopping center in town. He added that people are more apt to get into the car and drive to Hayward rather than run allover town making comparisons in Livermore. He urged that retail not used on a daily basis be located in one area. CM MILLER MOVED THAT IN SECTION 10.21, PAINT, GLASS AND WALLPAPER (523) BE DELETED, WHICH DIED FOR LACK OF A SECOND. CM MILLER MOVED THAT APPAREL AND ACCESSORIES (56) BE DELETED FROM NEIGHBORHOOD SHOPPING CENTERS, SECTION 10.22, SECONDED BY CM FUTCH. Cm Tirsell wondered if this would mean elimination of specialty shops such as apparel for children and it was noted that this would include every type of apparel. Cm Futch commented that it would appear the shops carrying apparel for children have a difficult time with respect to selling their merchandise and would agree that business of this nature in a neighborhood shopping center is not very good. Cm Turner stated that he feels it should be up to the owner of a shop as to whether he feels he can do good business in a neighborhood shopping center and that the idea of the amount of variety is appealing AT THIS TIME THE MOTION TO DELETE APPAREL AND ACCESSORIES PASSED 4-1 WITH CM TURNER DISSENTING. CM MILLER MOVED THAT IN SECTION 10.23, AFTER (581) THE FOLLOWING WORD- ING BE USED: "AND CERTAIN OTHER RETAIL TRADE - DRUG (591), LIQUOR (592), CIGARETTES AND NEWSPAPERS (5992 and 5993) AND GARDEN SUPPLIES (5969); MOTION WAS SECONDED BY MAYOR PRITCHARD. THE MOTION PASSED 4-1 WITH CM TURNER DISSENTING. (\ \ \, There was discussion regarding banks and banking services in a neigh- borhood shopping center and it was noted that often a branch of a bank is placed in the neighborhood shopping center for the conven- ience of the residents and Cm Tirsell stated that many people use the bank located in the Granada shopping center because it is a convenience to them. CM MILLER MOVED THAT BANKS BE DELETED FROM SECTION 10.24, WHICH DIED FOR LACK OF A SECOND. CM-29-l0l November 25, 1974 (Discussion re CN District) CM MILLER MOVED THAT PHOTOGRAPHIC SERVICE (622) BE DELETED FROM SECTION 10.24, SECONDED BY CM TIRSELL. Cm Turner stated that , again, it is difficult to determine which uses would draw people on a daily or weekly basis and to decide which uses would better be located downtown rather than in the shopping centers. The comment was made that even though various uses are being omitted, any use may be allowed with a CUP, and Cm Turner stated that this is a good point. THE MOTION PASSED 4-1 WITH CM TURNER DISSENTING. Cm Miller stated that if banking is not going to be removed from Section 10.24 he would like this CHANGED TO DEPOSIT BANKING AND SO MOVED, SECONDED BY CM TIRSELL WHICH PASSED 4-0 WITH CM TURNER ABSTAINING. The Council moved on to Section 10.30 Site Requirements and Cm Miller stated that he is concerned about the size of the shopping centers because it seems that they are generally built to capacity and then have difficulty finding tenants and the tenants move in and out and perhaps a solution to this problem would be to have smaller shopping centers. Cm Futch stated that he has also wrestled with this question and perhaps if smaller shopping centers are developed they would be more accessible to the neighborhood; simultaneously, there is a trend towards larger super markets with more variety offered than in the past and this naturally draws more people and therefore he has mixed emotions about the size. em Turner pointed out that if shopping centers are too small this hampers growth of the business and pointed out that the Granada Hardware store was forced to move into two stores because of the increased amount of business, and the bank which is located in the same shopping center is already pressed for space and will need to expand very soon. If expansion is not possible it will mean that they will have to move elsewhere. If the shopping center is too small it will die. CM FUTCH MOVED THAT ALL OF PAGE 2 BE APPROVED, AS DRAFTED (10.27, 10.30,10.31,10.32,10.33,10.40,10.41 and 10.42), SECONDED BY CM TURNER. Cm Miller felt that two feet of landscaping for every 80 ft. of setback is not sufficient landscaping which was discussed. AT THIS TIME THE MOTION PASSED UNANIMOUSLY. CM TIRSELL MOVED TO ADOPT PAGE 3 OF THE DRAFT, SECONDED BY CM FUTCH. Prior to the vote there was discussion regarding fencing and land- scaping, and Cm Turner wondered if there is anything in the ordinance that requires that the sprinkling system, etc., be sufficient for watering the landscaped area and Mr. Musso explained that there is reference made to landscaping being watered by sprinkler but nothing relative to adequacy and would depend upon design. em Turner stated that with respect to Section 10.49, he feels the design of the storage of solid waste should be in keeping with the design of the shopping center and it was mentioned that this may be subject to design review, and Mr. Musso noted that it is, and this was followed by discussion as to where storage should be located. It was concluded that the Planning Commission would be asked to determine where the storage should be and how such requirement should be worded. CM-29-l02 November 25, 1974 (Discussion re CN District) THE MOTION TO APPROVE PAGE 3 PASSED BY UNANIMOUS VOTE. r ! CM MILLER MOVED THAT 10.54 (Page 4) HAVE ADDITIONAL WORDING SO THAT LINE 4 SHALL READ AS FOLLOWS: "..... TOILET FACILITIES OPEN DURING ALL HOURS THAT ANY BUSINESSES ARE OPEN WHICH MAY BE ADJACENT TO,...etc...", SECONDED BY eM PRITCHARD. Cm Turner stated that this may be a problem since some bars are open until 2:00 a.m. and Cm Miller pointed out that the wording is vague and could be interpreted to read that the restroom could be totally public or an open restroom located in the bar. It was mentioned that children would not be allowed to go into the bar to use the restroom and there may be the problem of another store be- ing open at the same time the bar is open and it was concluded that this is another item that should be reviewed by the Planning Com- mission. Cm Turner stated that perhaps the restrooms should be open during the normal business hours during the day and that children shouldn't be in the Shopping centers at 10:00 p.m. anyway, and the suggestion was made that the normal hours could be considered the hours the grocery store is open (9:00 a.m. to 9:00 p.m.). It was agreed that these hours would be reasonable and that the Planning Commission could comment on this suggestion. THE MOTION WAS WITHDRAWN UNTIL THE PLANNING COMMISSION COMMENTS. CM MILLER MOVED THAT IN SECTION 10.54 "A SHADE STRUCTURE" BE OMITTED, AND "SHADE STRUCTURES" BE STATED, SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. CM MILLER MOVED THAT PAGES 5 & 6 OF THE DRAFT BE ADOPTED, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. CM MILLER STATED THAT AT THE END OF THE TEXT HE WOULD LIKE THE FOLLOW- ING WORDING INSERTED: "IN NO CASE WILL AN AUTO SERVICE STATION BE APPROVED UNTIL 50% OF THE SITE IS COMPLETELY DEVELOPED.", SECONDED BY MAYOR PRITCHARD, AND PASSED UNANIMOUSLY. CM FUTCH MOVED THAT THE DRAFT BE REFERRED BACK TO THE PLANNING COMMISSION WITH THE NOTATION OF THE REMARKS MADE BY THE COUNCIL, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE. em Turner mentioned that nothing was said with respect to cuts in the sidewalk or ramps for the handicapped and Mr. Musso stated that this is covered in the parking ordinance and Mayor Pritchard noted that this is also a state law. RECESS Mayor Pritchard called for a brief recess after which the Council meeting resumed with all members of the Council present. REPORT RE OLIVINA AVENUE MURRIETA BLVD. INTERSECTION (' \ Cm Futch stated that if the City intends to acquire additional land in the area of Olivina Avenue and Murrieta Boulevard, some consideration should be given towards acquiring right-of-way for students going to Granada High School with the provision of a bike path through that area and noted that an alternate route has been proposed by the staff. Mr. Lee replied that this is really not the case - the cost of the traffic signal will be approximately $87,000 and the alternate CM-29-l03 November 25, 1974 (Olivina Ave.-Murrieta Blvd Intersection) route at $27,000. There should be a comparison of the signals vs. the alternate route for Olivina Avenue. Mr. Lee commented that it is felt if the alternate route is selected there should be no need for traffic signals and that the $27,000 estimate includes acquisition of additional land required for this purpose. CM FUTCH MOVED TO REFER THE MATTER TO THE PLANNING COMMISSION AND SIMULTANEOUSLY ASK THE STAFF FOR A BREAKDOWN OF THE COSTS INVOLVED, SECONDED BY CM TURNER. Mr. Jorgensen, 509 Rincon, stated that he feels it is inconceivable that the Council would even consider such a route as proposed for Olivina Avenue and asked that the Council think in terms of the people who use Olivina Avenue and Murrieta Boulevard. Mr. Lee responded by saying that the two lanes of Murrieta between Olivina and Stanley Boulevard are not causing the bottleneck that is present on Murrieta Boulevard, but rather because there is a four-way intersection at Murrieta Boulevard and Olivina Avenue. This is an intersection of a collector street and a major street and the City would not want to encourage continuous traffic flow on Olivina Street through that intersection. Having cars come onto Murrieta Boulevard from various intersections is consistent with the General Plan and he pointed out that a collector street com- ing into a major street automatically means installation of traffic signals. Mayor Pritchard commented that the motion is to refer the matter to the Planning Commission and would suggest that Mr. Jorgensen speak to the Planning Commission at the time this is scheduled on their agenda. AT THIS TIME THE MOTION PASSED UNANIMOUSLY. RES. AWARDING BID TO GOOLD ELECTRIC (police Adm. Bldg Parking Lot) ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY 4-1 VOTE THE RESOLUTION AWARDING BID TO GOOLD ELECTRIC, LOW BIDD.ER FOR] THE POLICE ADMINISTRATION PARKING LOT LIGHTS, WAS ADOPTED. RESOLUTION NO. 188-74 C'/l?- ~/pA-/, -d-~~(ftJJ: A RESOLUTION AWARDING BID (Goold Electric) REPORT RE EAST AVENUE WATER PRESSURE A report regarding the water pressure for East Avenue was submitted by Mr. Lee, the Public Works Director, in which he reported that modifications have been made in the vicinity so that the minimum pressure is now 60 p.s.i. rather than the previous 40 p.s.i.. Mayor Pritchard stated that is pleased to report that the water pressure for East Avenue is satisfactory since the change to the larger lines. The report was informational in nature and required no action on the part of the Council. CM-29-l04 November 25, 1974 REPORT RE CORPUS ORD. A new electronic criminal reporting system (CORPUS) has been acti- vated in our county, in use by all police agencies and the County Counsel requests that each agency adopt a security ordinance regard- ing this system. ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE THE CITY ATTORNEY WAS DIRECTED TO PREPARE THE NECESSARY ORDINANCE. Prior to the motion there was discussion regarding willful and malicious intent and the City Attorney stated that he would have to agree with Cm Miller in that it would be extremely difficult to prove willful and malicious intent with respect to this ordi- nance, but this cannot be taken out. He explained that he has never seen a criminal law that doesn't have some intent involved to violate a law and believes one cannot be passed. Cm Miller felt there must be a better way of writing the ordi- nance and will not be able to vote for the ordinance unless it is changed. Cm Futch wondered what would happen if the ordinance is not adopted and Mr. Parness replied that probably nothing; however, the County Counsel's office, who are the central agency in this entire program, are very concerned about this and he is not sure that any such act has been committed, as yet, but they fear that there might be. We are a participant in the program, are benefiting tremendously from it and have been asked to participate to this extent. RE FINANCIAL SUPPORT FOR LAVWMA The City Manager explained that LAVWMA has requested an extension of financial support to meet financial needs. The apportioned amount (44.55% - $33,495 for Livermore) is in accordance with the joint powers agreement and will be repaid as funds become available to LAVWMA from other sources. CM FUTCH MOVED THAT THE COUNCIL AUTHORIZE CONTINUED FINANCIAL SUPPORT FOR LAVWMA AND THAT THE RESOLUTION BE ADOPTED AND ACCEPTED AS PART OF THE MOTION THE RECOMMENDATION MADE BY CM MILLER THAT THERE BE THREE INSTALLMENTS AND THAT THE CITY RE- CE~VE INTEREST, SECONDED BY CM TIRSELL, AND PASSED UNANIMOUSLY. RESOLUTION NO. 189-74 A RESOLUTION AUTHORIZING PAYMENT TO LAVWMA REPORT RE CBD AD HOC SUBCOMMITTEE REDEVELOP. IN AREA OF RELOCATED TRACKS \. The Planning Commission reported that the final report of the CBD Ad Hoc Subcommittee regarding "Criteria for Development of Area between First Street, the Relocated Railroad Tracks, Murrieta Boulevard, and the Intersection of First Street and Railroad Tracks (Railroad Avenue Area)" was considered and the discussion from their meeting concerning this topic was submitted to the Council for review. The Planning Commission did adopt the Goals statement, as amended, and does recommend adoption by the City Council. ( The report was filed and no action was taken by the Council. CM-29-105 ._".._.,.-._~,.>-_...,.,-~-_._.._----.-.._~,-_._._--_.-._....... ......,..-...-.. '--~~--~-,......_..,_.~,-----,._..__.__. November 25, 1974 CENSUS FIGURES The following census figures were submitted for information by the Planning Department: population Total Dwelling Units Vacancy Factor 48,359 (presently 47,650) 15,785 . 5.2% AIlJOURNMENT APPROVE ATTEST Regular Meeting of December 2, 1974 A regular meeting of the City Council of the City of Livermore was held on December 2, 1974, 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: 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. MINUTES November 18th, Page 85, 5th line from the top should read: "standard form of agreement and he does not need to see an executed agreement II . On motion of Cm Turner, seconded by em Miller and by unanimous vote the minutes for the meeting of November 18th were approved as corrected. SPECIAL ITEM Mayor Pritchard announced that Lois Hill will give a special presen- tation consisting of slides and tapes on Resources and Cultures at this time and noted that Mrs. Hill has been an active member at the recycling center in Livermore and in fact has been the driving force behind its operation. CM-29-l06 December 2, 1974 (Slide Presentation - Preservation of Resources) The presentation was made by Mrs. Lois Hill who narrated and explained the purpose of the slides, which was to dramatize the waste of our natural resources and the use of resources by our own population. ~ After the presentation Cm Futch stated that in 1855 Chief Dwamise made the following statement with respect to purchase of land owned by the Indians: liThe great Chief in Washington sends word that he wishes to buy our land. How can you buy or sell the sky, the warmth of the land? The idea is strange to us. We do not own the freshness of the air or the sparkle of the water. How can you buy them from us? Every part of the earth is sacred to my people. We know that white man does not understand our ways; one portion of the land is the same to him as the next for he is a stranger who comes in the night and takes from the land whatever he needs. The earth is not his brother but his enemy and when he has conquered it he moves on. He leaves his father's grave and his children's birthright is forgotten. There is no quiet in the white mans cities - no place to hear the leaves of spring or the rustle of insect wings but perhaps, because I am a savage and do not understand, the clatter only seems to insult the ears and what is there to life if a man cannot hear the lovely cry of the whippoorwill or the arguments of the frogs around the pond at night. The whites, too, shall pass, perhaps sooner than other tribes. Continue to contaminate your bed and you will one night suffocate in your waste. The buffalo will all be slaughtered, the wild horses all tamed, the secret corner of the forest heavy with the scent of many men, and the view of the ripe hills blotted by talking wires. Where is the thicket? Gone. Where is the eagle? Gone. And what is it to say goodbye to the swift and the hunt? The end of living and the beginning of survival.1I Cm Futch stated that these words were spoken 120 years ago at which time there were 88 million buffalos roaming the country, the tele- graph had just been invented and that he can understand in some small way the meaning of the words and also shares the feeling behind them and is one reason he is serving on the Livermore City Council. OPEN FORUH (Complaint re Police Officer Procedure) Steve Santos, 1209 Aberdeen stated that he has been complaining to the Police Department with respect to his being stopped by a police officer while riding a bicycle during which incident his bicycle was damaged and wondered if the Chief of Police is receiving the complaints. Mayor Pritchard asked that the City Manager arrange a meeting between Mr. Santos and Chief Lindgren. (re Livermore Gardens) (\ Robert Hirsch, 15233 Ventura Blvd., Sherman Oaks, California, stated that tomorrow he will obtain the commitment for the Livermore Gardens Apartments project on East Avenue and they intend to begin construc- tion immediately after the loan has been recorded which should be December 12th. They have encountered one problem, however, which is that they are required to pay a fee to Zone 7 at the time they obtain a building permit which happens to be $7,680, in this case. They are entitled to reimbursement by Zone 7 for channel work and other work which has been done with respect to development for this project but Zone 7's ordinance states that unless the work is accomplished with the construction done and accepted by Zone 7 prior to issuance of the building permit, they are not entitled to the reimbursement. The cost for the channel work is $21,700 and the right-of-way access is $6,000. Mr. Hirsch stated that because of this problem his CM-29-l07 December 2, 1974 (Livermore Gardens Apts) company would like to obtain a grading permit, only, which he is prepared to pay for tomorrow morning and will give his company the time to present the deed for the right-of-way to the Zone 7 Board on December 18th for approval by the Board of Supervisors on approximately December 28th and by January his company should be able to purchase the building permit and receive the reimbursement they are entitled to. It was noted that they will receive a $5,500 credit towards the $7,680 Zone 7 fee which means that they will have to pay only $2,180 to Zone 7 at the time they obtain the building permit which he explained to the Council. Mr. Lee stated that there are prov1s10ns in our code for allowing a grading permit ahead of the building permit, their plans have been checked and they are in order and there are grading plans in the regular set of plans. Mr. Parness stated that there has been some question as to the proprieties of issuing grading permits prior to issuance of a formal building permit and is a policy matter the Council has instructed the staff to present very soon, and the Council has allowed suc~ in the past, to expedite business. The Council wondered why reimbursement could not be made at a later date if the land is dedicated to Zone 7 later and Mr. Hirsch explain- ed that it doesn't seem to be a fair policy but is the way Zone 7's ordinance reads, unfortunately, and they are considering revising it because of this situation. CM TURNER MOVED TO DIRECT THE STAFF TO DRAW AND ISSUE THE GRAD- ING PERMIT, AS REQUESTED, SECONDED BY CM MILLER. Cm Miller mentioned that the matter of a grading policy had been brought up because a foundation was poured on industrial property before a building permit had been obtained. In this case the Council is aware of what is going on with respect to the Livermore Garden Apartments and it would appear to be per- fectly reasonable to issue the grading permit. Cm Tirsell stated that she really objects to having to make a decision without having information prior to the Council meet- ing when a large amount of money is involved and felt it should have been scheduled as an agenda item, with which Mayor Pritchard concurred. AT THIS TIME THE MOTION PASSED UNANIMOUSLY. MATTERS INITIATED BY THE COUNCIL (Specific Plans) Cm Turner asked about the status of the specific plans for the General plan which Mr. Musso reported on, and noted that there have been changes made in the policy with respect to density transfers. There was discussion regarding density and Cm Miller felt there should be scheduling of the General Plan amendments for Planning Unit 12 at the same time there are changes in density for the specific plans to eliminate approving density not desired for specific areas. ,/------." CM-29-l08 December 2, 1974 (Specific Plans) Mayor Pritchard asked that in order to expedite Council business, there be a motion on the floor. CM MILLER MOVED THAT THE COUNCIL ASK THE PLANNING COMMISSION TO SCHEDULE A HEARING ON GENERAL PLAN AMENDMENT FOR THE PURPOSE OF CONSIDERING DENSITY CHANGES FOR AREA 12, SECONDED BY MAYOR PRITCHARD. Mr. Musso commented that Planning Units 12 and 18 are the critical areas and em Tirsell suggested that the Planning Commission discuss and make any recommendations with respect to density changes for PU #12, prior to the end of the moratorium and to make sure that the Council sees the other areas prior to reviewing PU #12. Mr. Musso explained that the delay with Planning Unit 12 has been udue to problems with the Ensign-Bickford property. AT THIS TIME A VOTE WAS TAKEN ON THE MOTION WHICH FAILED 2-3 (em Futch, Turner and Tirsell dissenting). Cm Miller stated that in his opinion, defeat of this motion means that Cm Futch, Turner and Tirsell have decided in advance, prior to any public hearing, that there will not be a density change in this area. Cm Futch commented that Mr. Musso felt area 18 was critical and wondered which area this might be and Mr. Musso replied that this is the Springtown-Greenville North area. Cm Miller explained his statement with respect to the vote on the last motion by saying that it will not be possible to make any density changes for Planning Unit 12 prior to the conclusion of the moratorium (March 23rd) and since zoning must be consistent with the General Plan it means the zoning which will apply to PU #12 will be 3.3 d.u./acre in the hilly area of our City and which will mean that there will have to be some type of development by the freeway. Cm Turner pointed out that some time ago Cm Futch asked that this area be considered and Cm Miller asked for a delay and Mr. Musso has said that the time schedule can be met and that changes can still be made. Cm Miller explained that the reason he requested a delay was to allow the Planning Commission the opportunity to consider the possibility of density transfers before expiration of the moratorium. (Arroyo Bridge) (' Cm Futch stated that he has brought up the matter of the pedestrian portion of Arroyo bridge needing repair and the Cm Turner has also mentioned it. He stated that his motivation for bringing the matter to the attention of the staff was because of the hazard of riding bikes across the bridge where automobiles travel and that people are forced to ride bikes in the automobile lanes because nails are protruding on the wooden pedestrian walkway and bikes cannot cross there safely. The bridge is narrow and it is extremely dangerous for a car to pass a bicycle rider, and someone is going to be hurt. About six months ago the staff was asked to post a sign indicating "do not pass bicycles on bridge" and asked for a response as to when such a sign might be posted. Mr. Lee replied that he is sorry a sign has not been posted but did not recall that this had been requested and indicated that a sign would be posted within a matter of days if the Council so wishes. He added that there are plans to place a bicycle path inside the channel so that bicycle riders would not have to use the bridge and would ride outside of it on a paved pathway. CM-28-l09 . . --1---- December 2, 1974 (Arroyo Bridge) Mayor Pritchard stated that the matter was discussed some months ago and also doesn't recall that specific direction was given with respect to correcting the situation and agreed that something should be done as soon as possible, with which the Council concurred. COMMUNICATION RE POSTAL REGULATIONS FOR CURBSIDE MAIL SERVICE A letter was received from the League of California Cities indicat- ing that a resolution opposing postal regulations requiring newly occupied residential units to receive mail delivery service only from curbside mail boxes has been adopted, litigation has been filed and the League intends to discuss the matter at the California Dele- gation breakfast in Houston on Wednesday, December 4th to determine what further action might be taken on a national level. Mr. Parness suggested that the City Attorney be directed to look into the prospects of joining in the suit. CM MILLER MOVED THAT THE CITY ATTORNEY BE DIRECTED TO LOOK INTO THE POSSIBILITY OF FILING AN AMICUS CURIAE WITH GROVER CITY VS. THE UNITED STATES OF AMERICA, ET AL., SECONDED BY CM FUTCH AND PASSED BY UNANIMOUS VOTE. COMMUNICATION RE TRAFFIC PROBLEMS Cm Turner reported that Mr. Tilles has advised him that motorists are using residential streets, on weekdays during commute hours, to gain access to Arroyo Road from Vallecitos Road and suggested that the County be asked to redesign Wetmore Road where it intersects with Vallecitos Road in such a way that it would encourage a traffic pattern that is readily accessible to Arroyo Road. Mr. Lee indicated that he would contact the County and also inform Mr. Tilles that the matter is being investigated. COMMUNICATION RE I-580 - DAVID ELLER A letter was received from David Eller urging that something be done to stop the "I-580 monster" and that many of the commuters who want I-580 widened are transients and will not be here by the time the widening is accomplished. He stated there is a choice of widening the freeway and ruining the valley or to stop the widening and save the valley and that these are the only choices. He indicated that people will continue to use their cars as long as it is convenient and that they will not use other means of transportation unless they are forced to do so. Mayor Pritchard commented that Mr. Eller has echoed the sentiments of many of the Councilmembers. REPORT RE WALL STREET LIGHTING REQUEST The residents on Wall Street requesed that improved street lighting be provided as a deterrent to burglary in that area, in the way of a petition circulated among the residents. CM-29-ll0 December 2, 1974 (Report re Wall Street Lighting Request) Chief Lindgren reported that the Granada area has experienced a higher than normal burglary rate but that 75% of the burglaries occurred during the day when there would be no affect from addit- ional lighting, and access to residences generally was from the rear. Mr. Lee reported that the lighting for Wall Street is consistent with the surrounding area, is generally adequate, and would recom- mend that the request for additional lighting be denied. Cm Tirsell suggested that perhaps this could be a subject for the STEP team to investigate and Mr. Parness noted that they are aware of the problem and are reviewing the matter. Cm Turner suggested that: 1) the Police Department increase the patrol of the area; and 2) a monthly report be submitted to the Council with respect to the number of burglaries taking place in the area, and that this be done for approximately six months. He stated that in speaking with one of the residents there has also been a suggestion for a crossing guard at the Sonoma Avenue School because some of the children are bothering some of the neighbors by the chain link fence and that perhaps the crossing guard could help observe while assisting the children in crossing the street. Sharon Heinz, 761 Wall Street, stated that her main concern with respect to Wall Street is crime and that better lighting was merely an idea. She stated that the standard of living for the people on Wall Street is deteriorating at an alarming rate with 44% of all the burglaries occuring in their area out of the entire City of Livermore. Cars speed on their street and the crosswalk where small children cross to school is particularly hazardous. She stated that street lights may not. be the answer but would urge that the City and her neighbors demonstrate to the criminal offenders that they stand together as a town and the reason they are appealing to the City Council and urged that the residents receive its support and help them resolve the problem. Mayor Pritchard commented that, on behalf of the other Councilmem- bers, there is great concern for the neighborhood and its problems and from the staff reports it would appear that additional lighting is not the answer. The Council and Police Department will continue to take steps felt necessary to improve the situation. Carl Paoni, 820 Wall Street, stated that he would disagree that additional lighting would not be helpful and added that he has seen youths damaging his property and even chased people but it was too dark to recognize or identify anyone doing the damage. Jim Lyle, 827 Wall Street, stated that just yesterday two tires were slashed on an automobile parked in front of his home and that this occurred in the dark. He cited numerous other incidents that have occurred and agreed that the situation in the neighborhood is extremely bad. CM TURNER MOVED THAT AN OFFICER FROM THE LIVEID10RE POLICE DEPARTMENT MEET WITH THE RESIDENTS TO DISCUSS PROBLEMS AND THEN COME BACK TO THE COUNCIL WITH A FIRM RECOMMENDATION AS TO HOW THESE PROBLEMS CAN BEST BE HANDLED, SECONDED BY CM FUTCH. r , Cm Futch stated that when Mrs. Heinz spoke she implied that the Council would be unwilling to cooperate and he assured her that this is certainly not the attitude of the City Council and that they are very concerned about the problems mentioned previously. CM-29-1ll December 2, 1974 (Report re Wall Street Lighting Request) Mrs. Heinz explained that she did not mean to imply such with respect to the Councilmembers personally but felt as if she was entering a lions den asking for cooperation and agreed that she was mistaken in assuming this and that the Council was being cooperative. AT THIS TIME THE MOTION MADE BY CM TURNER PASSED BY UNANIMOUS VOTE. em Miller commented that it is true it is difficult for the police Department to handle problems such as this and noted that the num- ber of policemen, per capita, is about the same as it was 20 years ago; however, at that time the community was small and if anyone broke into someone's house he would likely be apprehended because everyone knew everyone else in town. Today, people move from one place to another and the type of community pattern that once exis- ted is no longer possible. People looking out for one another in neighborhoods is, in fact, one of the best ways to resolve this problem and neighborhood solidarity should be one of the best protections against vandals and burglary. He stated that in speaking with Mr. paoni he has suggested forming "stake-out" groups to take turns looking out for the neighborhood and hopefully this would result in rapid response in getting the policemen to the area during the times incidents occur. He suggested that the police Department report as to what can be done to reduce the speeding in this area. A police officer from the audience commented that in July the police Department issued 24 speeding tickets in a two week period and this did help. REPORT RE CHURCH PROPERTY ANNEXATION REQUEST The City Manager reported that an application has been received from the People's Church to allow annexation of the property or to authorize a sewer connection agreement. There is some acreage in the vicinity that will be interested in annexation in the near future and it would seem advisable to incorporate both properties at the same time. The proposal can be investigated by the staff and in the meantime it is recommended that the Council authorize a sewer connection agreement provided that the applicant abides by all City zoning laws and public works improvement standards and fee payments. Cm Futch asked if this would include an agreement to annex and Mr. Parness indicated that it would. CM FUTCH MOVED THAT THE COUCIL ADOPT THE RECOMMENDATION OF THE CITY MANAGER AND DIRECT THE STAFF TO PREPARE THE SEWER CONNECTION AGREEMENT, SECONDED BY CM MILLER, AND PASSED BY UNANIMOUS VOTE. REPORT RE MERCHANTS' PARKING LOT TIME LIMIT The City Manager reported that with the advent of the BART bus service, parking space will be consumed by bus patrons. The parking lot is provided by the merchants and they have agreed that a 2-hour parking limit would be favored. It is recommended that the Council adopt a resolution establishing a 2-hour time limit in the merchants' parking lot. It was noted that some of the merchants were in favor of a I-hour parking limit, others a 2-hour limit and there were some who wanted no parking limit; however, the majority favored the 2-hour limit. / ' CM-29-ll2 December 2, 19741 (Merchants' Parking Lot Time Limit) CM TURNER MOVED THAT THE COUNCIL ADOPT A RESOLUTION APPROVING A 2-HOUR PARKING LIMIT FOR THE MERCHANTS' PARKING LOT LOCATED NORTH OF FIRST STREET, ADJACENT TO THE SOUTHERN PACIFIC RIGHT-OF-WAY PROPERTY AND THAT THE POLICE DEPARTMENT ENFORCE THE PARKING LIMIT REGULATIONS, SECONDED BY CM MILLER. The City Attorney asked that at this time the Council state their intent, rather than adopting a resolution, because there is some question as to whether this should be done by resolution or ordinance and he will report next week as to whether a resolution should be adopted or to introduce an ordinance. CM TURNER WITHDREW THE ORIGINAL MOTION AND MOVED TO DIRECT THE STAFF TO PREPARE THE PROPER FOID1S FOR ESTABLISHING A 2-HOUR PARKING LIMIT FOR THE MERCHANTS' PARKING LOT LOCATED NORTH OF FIRST STREET, ADJACENT TO THE SOUTHERN PACIFIC RIGHT-OF-WAY PROPERTY AND THAT THE POLICE DEPARTMENT ENFORCE THE PARKING LIMIT REGULATIONS, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE. REPORT RE SCHEMATIC DESIGN PHASE FOR FIRE STATIONS 1 AND 4 Mr. Parness reported that Randy Schlientz has progressed through the schematic design phase for Fire Stations 1 and 4 and before proceeding he would like to present the designs to the Council. Mr. Schlientz presented designs prepared through consultation with the Fire Chief and Fire Station #1 will be 8,480 sq. ft. at a cost of $407,040. He then explained the areas where various facilities will be housed, and its location on the property of Robert Livermore Park site. Construction will be of stucco and wood exteriors with concrete tile rOOfing. He then explained the design selected for Fire Station #4 with 2,226 sq. ft. budgeted at $122,430, and noted that the exteriors for the stations are primarily the same and the reason for this is that it is possible that one contract can be awarded for construction of the exteriors. Cm Futch noted that there has been talk of the firemen going to a 40-hour week and also it may be a year before the property can be acquired and would suggest that perhaps funds should not be invested in sleeping quarters as they may not be needed. Mr. Parness indicated that it is very difficult to forecast the outcome of the proposed 40-hour week but would predict that such will not happen within the next 5 years. Mr. Schlientz noted that the beds can be folded up and put inside a cupboard area and this dormitory space can be used as a meeting room. (' ~-' Mr. Parness explained that the area in the vicinity of Holmes Street and Concannon Blvd. was being considered as a possible location for Fire Station #4; however, Dr. Volponi, the owner refuses to sell a portion of his property and purchase would have to consist of the entire five acres. Since the property is outside of the City limits the City has no authority to condemn the property for use for the fire station. Mr. Parness stated that other lots have been considered along Concannon Blvd., but they are also very expensive and would be about $15,000. per lot, and in view of the fact of the high value of property and since it was not critical to locate the station there, other property is now being considered. He is meeting with the property owner this week for possible acquisition of a site located at the northeast corner of Holmes and Concannon before CM-29-ll3 December 2, 1974 (Report re Schematic Design Phase for Fire Stations 1 and 4) bringing back to the Council the prospects for purchase. Mr. Parness stated that one of the parcels is nearer to utilities than the other and would be preferable. PLANNING CO~iISSION REPORTS (County Referral Appl. of Richard Doty for Rezoning M-l-X to M-2 East Side Greenville Rd, NW Western Pac RR) The Planning Commission considered the County referral of the appli- cation by Richard Doty for rezoning (1188th Zoning unit) from M-l-X (Light Industrial) to M-2 (Heavy Industrial) District, property lo- cated on the east side of Greenville Road, northwest of Western Pacific Railroad tracks. The Planning Commission did adopt the staff report recommending: I} approval of the requested rezoning; 2} that setbacks be required in accordance with City of Livermore I-I zoning District regulations; and 3} that coverage be required in accordance with City of Livermore I-2 zoning District regulations. The Planning Commission further desired to point out that the setback and coverage regulations of the City's Industrial District differ from the County's. The use proposed is a conditional use and it is the planning commis- sion's intent that the recommended setbacks and coverage be imposed at time of cup approval as it would be required by City Ordinance upon annexation of said property. Cm Miller remarked that the change from light industrial to heavy in- dustrial use does not bother him, but the change in zoning does not restrict it in any way to the use being proposed, and he felt it is creating heavy industrial in a light industrial zoned area and the City Council should recommend that this be allowed as a CUP rather than rezoning. Mr. MussO explained that if the property were in the City the use as I-I, 2, or 3 would not matter as the main issue is zoning regulations and specifically the setback. Cm Miller stated that we should deny the rezoning and MOVED TO RE- COMMEND APPROVAL CONDITIONED UNDER A CUP RATHER THAN REZONING; MOTION WAS SECONDED BY CM TURNER. Mayor Pritchard felt that the Planning Commission's recommendation takes into consideration the concerns voiced by Cm Miller, and Cm Miller agreed, however his motion was that the conditions be imposed under a cUP rather than a rezoning. em Turner stated he would rather go along with the Planning Commis- sion's recommendation. The important thing is that there should be flexibility in industrial areas as to the use allowed and they should not condition each and every parcel to insure the use. Cm Turner called for the question. THE MOTION FAILED 3-2 WITH CM FUTCH, TURNER AND MAYOR PRITCHARD DISSENTING. CM FUTCH MOVED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION, SECONDED BY CM TURNER, WHICH PASSED 4-1 WITH CM MILLER DISSENTING. (Council Referral and Request for Comment re proposed Use Property at Kittyhawk Rd & Airway Blvd) The Planning Commission considered the City Council referral requesting CM-29-ll4 December 2, 1974 (Proposed Use re Property at Kittyhawk & Airway) / review and comment re use for bowling alley and appurtenant facilities of approximately two acres of City owned property at the southwest corner of Airway Blvd and Kittyhawk Rd. The Planning Commission recommended that the proposed use not be allowed, primarily because of the hazardous situation created as a result of this site's nearness to the airport runway. (County Referral-Applica- tion re Rezoning A to C-l Portola Ave site, Anderson) The Planning Commission considered referral from Alameda County Planning Commission of application of Chester and Cleo Anderson for rezoning (1182nd Zoning Unit) from A (Agricultural) to C-l (Retail Business) District of a 4.6 acre site located on Portola Avenue, north side, opposite the intersection of "P" Street. The Planning Commission did adopt the staff report recommending denial of the proposed rezoning based on the following findings: 1) the proposed rezoning does not conform to the Alameda County nor the City of Livermore General Plans; 2) the proposed rezoning is premature in the face of pending Specific and General Plan considerations. (County Referral-Rezoning M-I-X to A, East Side Vasco Rd Between LLL and Western Pac RR R/W-Duarte) The Planning Commission considered a referral from the Alameda Cty Planning Commission of an application from Sarah and Joseph Duarte for rezoning (119lst Zoning Unit) from M-l-X (Light Industrial) to A (Agricultural) District of property located on the east side of Vasco Road between Livermore Lawrence Lab and the Western Pacific Railroad right-of-way. The Planning Commission did adopt the staff report for transmittal to Alameda County via the Council, recommending approval of the requested rezoning, with the rezoning being justified on the basis that the zoning of the property to industrial as indi- cated in the General Plan is premature. In addition the Planning Commission wished to point out that it is possible the subject pro- perty will not develop in its ultimate planned use within a ten-year period, therefore its use for agricultural purposes does appear reasonable and could be considered appropriate land for inclusion in an agricultural preserve. COUNCILMAN TIRSELL MOVED TO ADOPT THE PLANNING COMMISSION'S RECOM- MENDATION ON THE COUNTY REFERRALS OF THE APPLICATIONS OF CHESTER AND CLEO ANDERSON AND OF JOSEPH DUARTE, AND THE RECOMMENDATION FOR DENIAL FOR THE USE AS A BOWLING ALLEY OF THE CITY OWNED PROPERTY AT KITTYHAWK RD AND AIRWAY BLVD: MOTION WAS SECONDED BY CM FUTCH. Cm Turner questioned if any other sites had been considered for a bowling alley, and was advised by Mr. Musso that other sites had been considered previously, however not in connection with this particular action, and these had been discussed with this applicant. r VOTE WAS TAKEN ON THE MOTION WHICH PASSED UNANIMOUSLY. CM-29-ll5 ^ ~'-....-.,.~.._,.._.....,~.-----_._---~-_.- December 2, 1974 REPORT RE PROPOSED CORPS OF ENGINEERS URBAN RESOURCE PROGRAM STUDY The City Manager explained that on behalf of the Mayor, he had con- tacted several sources trying to determine who is the initiating agent for the proposed Corps of Engineers urban resource program study, what is intended by the study and what the City's part might be. He was told that the origin dates back to mid-fifties when upon the direction of Congress, a study was conducted for the Alameda Creek watershed, and similar studies were done throughout the nation, of major storm drainage areas and the report was filed with Alameda County in 1962. It was the foundation for major flood control in- stallations and qualification for federal participation. Alameda Creek was not considered to be critical and was not studied in de- tail at that time. The current study was undertaken upon the request of the County Government and Congressman Don Edwards, and he and Congressman Stark jointly sponsored a congressional resolution which was introduced to the congressional committee on Public Works in April 1974, requesting that the Corps of Engineers review the studies previously made on flood control works in our area. The Corps of Engineers is obligated to take such a process since it is a review without formal congressional approval, however approval is required for the appropriation of funding. The study is a 3-part type of approach: I} flood control purposes (major effort); 2) study as to the provision for and distribution of domestic water supplies; and 3} waste water management" The area to be studied is all of the watershed area above Niles Cone, which covers a boundary in excess of study now underway under LAVWMA. The cost has been initially funded in the amount of $100,000.00, and the cost of the final report may run from $500,000.00 to $1 million. The federal requirements are that the localities would provide 25% of the capital cost of the project which would be in-kind services and not cash. Mr. Parness explained that the Corps of Engineers will not intrude into any area the local governments feel is inviolate. They will not do any type of study effort that is not the will of the local agencies, however they will undertake those aspects of the 3-pronged affair that the local agencies contend is not within their purview. The scope of work will be under formulation soon and all the local agencies, in- cluding Regional Water Quality Control, BAS SA , State Water Resources, LAVWMA and the individual local entities will be asked to actively participate in the formulation of the scope of work. Cm Futch stated he felt they have already intruded by coming in without the knowledge of local agencies who are involved in this matter as they should have met with LAVWMA. He pointed out that the three areas to be studied are all items that could possibly be considered by LAVWMA under the 208 Planning Act, and LAVWMA now has a budget of $100,000 to study waste water disposal. There was a long list of agencies that have been involved so far and there has been difficulty involved in reaching an agreement, and he listed the State Water Resources, Regional Board, BASSA, EPA, the three communities and LAVWMA. Cm Futch stated he could see no use in spending ten times the money of the taxpayers as he did not believe these studies are needed for water supply or waste water disposal or flood control. He felt that the Corps of Engineers is looking for a job and want to get into urban planning because there is a lot of money available from congress and they should not get into land use planning. Although they say they will respect the local wishes, the same comment has been made by other federal agencies, then when it comes to signing the contract and the funding, it has to be done their way or not at all, and so he is opposed to it. Cm Miller commented that Cm Futch had given a very precise analysis of exactly what is wrong with the whole proposal. He added it was not only the Corps of Engineers interested in spending money and keeping their jobs, but he would have to ask why Alameda County wants the Corps of Engineers to do a job when Zone 7 has one of the CM-29-1l6 December 2, 1974 (Proposed Corps of Engineers Urban Resource Program Study) -- ( responsibilities and has had for fifteen years and felt the County had other reasons for doing this as no local agencies have asked for the study. He agreed we should oppose the study, and any money to be spent should be spent through local agencies like LAVWMA. Mayor Pritchard asked what action the City could take at this point and Mr. Parness explained the Corps has done very little, but they are about to begin meeting in joint sessions with the local agencies. He suggested before the Council considers any action either of opposition or one that would be noncommital, that they invite the District Director of the Corps of Engineers and the BASSA staff to personally present their views to the Council as to what effect it might have on Livermore and on LAVWMA. Cm Futch felt it would be a waste of time as they appeared before Zone 7 and we have those the minutes of that meeting. Mr. Parness stated that he spoke with the Zone 7 staff today with respect to the flood control aspects and Cm Futch indicated that this mayor may not reflect the opinion of the Board. Mr. Parness stated that he feels there would be no problem with delaying a decision until the Council has received more information and On Futch stated that he would disagree because the longer an agency is involved, the more difficult it is to eliminate them. He stated that in his opinion the Council should go on record with its position but Mr. Parness felt all the facts and background are not known and that there is not sufficient information to go on record. Cm Turner stated that he would agree with Mr. Parness in that he doesn't really have any more information than he had a week ago and that Cm Futch hasn't really presented any facts but seems to be against the Army I brps of Engineers making the study. ern Futch felt he had stated facts and that LA~~, the 208 Planning Agency can do the very same study and is a process by which the local jurisdictions can get involved in the study. Mayor Pritchard stated that he does not want this Council to have the reputation of not being willing to listen to anyone and that it would only be fair to listen to their side of the story and, in fact, he has some specific questions he would like to ask of them. Cm Miller stated that he agrees with Cm Futch and also would agree with his suggestion that this be settled as soon as possible; however, he felt there would be no harm in allowing them to present their side. He suggested that a letter be sent to the Corps, to BASSA, to the Regional Board, the other members of LAVW~fA, the County, Zone 7, and anyone else that might be involved in this in any way, indicating that it is not clear why money is not going to local agencies and may be spent for the Corps, and ask someone from the Corps to speak next week. (~\ CM MILLER MOVED THAT THE STAFF BE DIRECTED TO SEND A LETTER POINTING OUT THE CONCERNS RAISED BY CM FUTCH, TO ALL THE APPROPRIATE AGENCIES, AND THAT THE STAFF REQUEST THE CORPS TO SEND SOMEONE TO DESCRIBE THEIR PROGRAM IN MORE DETAIL, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. COUNTY REFERRAL RE REZONING REQUEST FROM A TO C-l DIST. - VASCO RD. (Porter) Cm Miller commented that the County has referred the rezoning request to the City Council for Vasco Road from A to C-l to allow a nursery. CH-29-ll7 December 2, 1974 (County Referral-Rezoning A to C-l Dist. - Porter) Cm Miller continued to state that his concern for allowing the change from agricultural to commercial is the fact that it will not allow only a nursery but will open the door to all kinds of other commercial development, including gasoline stations. To approve a rezoning to commercial, in his opinion, is just asking for trouble. The Council should keep in mind that the person who now wishes to build a nursery may sell the property in six months and that person could put in a gas station. He would suggest that the ~uncil recommend to the County that the request for commercial zoning be denied. Mr. Musso explained that in discussing Planning Unit #18, the Planning Commission decided to allow commercial development on Vasco Road up to the creek and on the basis of the application concluded that the plan he illustrated to the Council would be appropriate. CM FUTCH LEFT THE MEETING AT THIS TIME. Cm Turner stated that he feels a nursery is compatible with the residential but would also agree with Cm Miller that he would not want to do something to allow commercial development to start up in that area. Mr. Madis, on behalf on the applicant, Frank and Sarah Porter, stated that they would like a C-l or C-2 zoning because these two zonings are the only two in which a nursery can operate and also with a CUP. Originally his client wanted the entire parcel rezoned, which is about 7 acres, but he stated that they plan to ammend the request with the County for only the portion that will be used for the nursery, and in accordance with the Planning Commission recommendation. Mr. Madis pointed out that the property across from this area and on one side will be com- mercial zoning and they feel it is not unreasonable to ask that this portion become commercial also. The alternative would be the small portion residential surrounded by com- mercial which they feel would not be as logical as allowing them commercial. Mr. Musso indicated that the interchange is shown as commer- cial on the General Plan, and then it is just a matter of where the line is drawn for ending the commercial and it was originally at the channel on the east side and at the roadway on the west, and the Planning Commission brought the line up to the channel on both sides. The Planning Commission recommendation was that the subject rezoning be denied based on the findings that the proposed rezoning is not in conformance with the City's General Plan and the Alameda County General Plan. CM TIRSELL MOVED TO ADOPT THE PLANNING COMMISSION'S RECOM- MENDATION TO DENY THE REQUEST FOR REZONING, FOR TRANSMIT- TAL TO THE COUNTY PLANNING COMMISSION, SECONDED BY CM MILLER AND PASSED BY UNANIMOUS VOTE (Cm Futch absent) . REPORT RE RAILROAD CONSTRUCTION PROJECT AND WATER RECLAMATION PLANT PROJECT CHANGE ORDERS Mr. Lee submitted a written report with respect to change orders recommended for approval in connection with the Water Reclamation Plant construction and the Railroad Relocation Project, as specified in the reports. CM-29-ll8 December 2, 1974 (Change Orders re Railroad Constructid1 and Water Reclamation Plant Projects) Cm Miller stated that Change Order #2, with respect to the Water Reclamation Plant Project (Filter Media) was initiated by the City's consultant to comply with EPA's latest standards and if EPA isn't going to pay for it then it cannot be their latest standards. If the state and EPA are not going to share in the cost of the $2,539 required for this, as they generally do, he would like to know why not. Mr. Lee explained that they will continue to appeal this item adding that the City really has no option if a proper filter is desired. Cm Miller felt the Council should be provided with more information regarding this particular Change Order, prior to approving it. Mr. Parness stated that it is very difficult to contact the state and EPA but they have indicated that they feel this requirement will not qualify for matching funds and they seem to be very firm as to what will or will not qualify. Mr. Lee explained that the EPA has indicated the original design will satisfy their standards but it is the consultant who feels the change should be allowed to meet the latest requirements of the EPA. CM TIRSELL MOVED THAT THE CITY COUNCIL APPROVE ALL THE CHANGE ORDERS SUBMITTED, WITH THE EXCEPTION OF CHANGE ORDER #2, FOR THE WATER RECLAMATION PLANT PROJECT, PENDING FURTHER INFORMATION ON THIS ITEM, SECONDED BY CM TURNER. Cm Miller asked why the connection for the Junior College was not included in the first place (Change Order #3) and Mr. Lee explained that the City designed the sewer line for the Junior College and brought it down to the plant and the consultant made the interconnection between our sewer line and the lift station and there was a discrepancy in his plans and a correction was necessary for the lines to join properly, and that the $982 would have been the cost if it had been added originally. Cm Miller stated that he feels the City should not have to pay for a mistake that someone else made and Mr. Lee commented that it could be called an omission. Mr. Parness explained that it wasn't really a design omission but rather an installation that needs to be added and irrelevant as to who designed it or whether or not it was designed originally or now. Mr. Lee explained that it is his understanding if the consultant were to design it over again he would make it mesh; however, if it had been included originally the cost would have been about the same though there may be a slight increase for the change order. Cm Miller stated that he would like the records to indicate that he is opposed to approving Change Order #3 required due to error on the part of the consultant. Mr. Logan noted that the changes can be approved in the form of a ~ motion or resolution but advised that resolutions are easily accessible documents and this type of record may be preferable. Mr. Lee stated that he would suggest this not be done by resolution because the change orders are essentially the same as progress pay- ments and in most jurisdictions matters of this magnitude do not even go to the council. Cm Turner moved the question. THE MOTION PASSED UNANIMOUSLY. (Cm Futch absent). CM-29-ll9 December 2, 1974 (Change Orders re Railroad Construction Project) em Miller stated that with respect to the Railroad Project change orders, the words, "That item was not anticipated in the consulting engineer's original plans.", bothers him and also #5 and #6. He stated that the report indicates the plans were prepared before Taco Bell was constructed so the consulting engineer did not show the underground utility service to it and wondered why the plans were not updated since we are paying for all of it and also it is noted that some chain link fencing at the underpass was omitted from the plan and he would like an answer to these things. Cm Turner stated that regardless of the type of development, there are various changes that arise due to things which were not antici- pated or unexpected or determined advantageous to the project and generally agreed upon by all parties involved. He would hesitate to say this person is to blame or that person is to blame and that the project is a joint effort and everyone wants the best results. Cm Miller agreed that changes are necessary but his concern is for those items that apparently should have been taken care of as a part of the responsibility of the consultant and if they are not doing their job then why are we paying them? Cm Turner indicated that in his opinion some mistakes are to be expected. Cm Miller agreed but noted that the things he has mentioned seem to be mistakes made by lack of attention,of not making final checks as they should and simply a case of not doing their job. Mr. Parness stated that Change Orders #3 and #5 are being challenged by the City with the consulting engineer and they will be meeting this week to discuss them; however, these items must be paid for. The resolution as to who is responsible for recompense is yet to be made between the City and the consulting engineer but the con- tractor who did the work must be paid. CM TIRSELL MOVED THAT THE COUNCIL ADOPT THE REPORT RECOMMENDING CHANGE ORDERS FOR THE RAILROAD RELOCATION PROJECT, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. STATUS REPORT RE GRADE SEPARATION PROJECT Mayor pritchard commented that the status report for the grade separation project was very informative and complete and noted that the flow chart was legible. The Council concluded that they would appreciate receiving weekly reports on the status of the project but a monthly flow chart would be sufficient. Cm Miller commented that he is not quite as happy as the rest of the Council with respect to the consulting engineer and that they have failed to provide things when they are supposed to and feel they need to be spoken to a little more severely. REPORT RE LEGAL FEE PAYMENT HISTORY The City Manager reported that in accordance with Council direction a report of outside attorney consultant fees during the past five years have been submitted to the Council which total $115,398.25. He explained that the largest expenditure was for one item, an assessment district matter, and the remainder is rather negligible. CM-29-l20 December 2, 1974 COUNCIL DISCUSSION RE REPORTS ( Cm Turner stated that he has requested a weekly report on the traffic situation in the construction area and would suggest that someone check to make sure reasonable access is provided to businesses and any complaints the merchants have should be included in the report. Cm Turner added that he would like to request that the Chief of Police monitor the traffic situation, perhaps at different times during the day and report back to the Council. In addition, he requested that a monthly report on the railroad project be included in the regular monthly reports submitted to the Council and a pro- gress report that could be submitted to the newspapers, written by Hr. Parness, and for Hr. Lidster to provide a detailed report as to the progress of the relocation to be available for the news- papers. Mr. Parness noted that the relocation has been accomplished and Cm Turner stated that he would appreciate a final report on this item, in detail. DISCUSSION RE ORD. RE MUNI. CODE. AMEND. - Criminal Oriented Records Production Unified System (CORPUS) Mr. Logan stated that the Council might note that the ordinance re- garding the Municipal Code amendment related to Criminal Oriented Records Production Unified Systems (CORPUS) is the same as what was presented last week. He has contacted the County Counsel and received material from him but has not had the opportunity to review it because he has been in court. He noted that brochures have been sent to him explaining some of it and the decision to use the word "malicious and willfulll came about by meeting with the District Attorney and the County Counsel and the District Attorney desired that this wording be included. He stated that the District Attorney will be the prosecuting agency and acceded to their wishes because we will not be prosecuting this particular ordinance and if the County wishes to have an ordinance that is consistent county-wide, he has no objection; however, the Council may oppose it or postpone it for another week during which time he will review the material received regarding the ordinance. CM MILLER MOVED THAT THE MATTER BE CONTINUED TO THE NEXT MEETING, SECONDED BY CM TIRSELL AND PASSED BY UNANIMOUS VOTE. ADJOURNMENT TO EXECU- TIVE SESSION Mayor Pritchard adjourned the meeting at 11:35 p.m. to a brief execu- tive session to discuss labor negotiations and announced that the Council would reconvene immediately after the executive session to formally take action regarding the results of the executive session. MEETING RECONVENED Mayor Pritchard reconvened the meeting with all Councilmembers ~ present except Cm Futch at 12:05 a.m., December 3, 1974 to announce that agreement has been reached with the firemen represented by the I.A.F.F. Local 2318, a memorandum of agreement has been signed and asked for a motion from the Council ratifying the agreement. CM-29-l2l December 2, 1974 (Labor Negotiations - Firemen Contract) CM MILLER MOVED TO ADOPT A RESOLUTION RATIFYING THE CONTRACT, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. (Cm Futch absent) RESOLUTION NO. 190-74 RESOLUTION AUTHORIZING EXECUTION OF MEMORAN- DUM OF UNDERSTANDING (Livermore Firefighters I.A.F.F. Local 2318) ADJOURNMENT Mayor Pritchard a~6?~. '" Mayor /! APPROVE ATTEST C\/ California Regular Meeting of December 9, 1974 A regular meeting of the City Council of the City of Livermore was held on December 9, 1974, 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: Cm Turner, Miller, Futch, Tirsell and Mayor Pritchard Absen't: None PLEDGE OF ALLEGIANCE Mayor Pritchard led the Councilmembers as well as those present in the audience, in the Pledge of Allegiance. tvlINUTES November 25th: Page 93, under Matters Initiated, Paragraph 2, should read: "to see that the Council prepare the letter etc..." Page 104, motion prior to Resolution 188-74 should indicate that em Turner dissented. Page 94, under Urban Planning, first paragraph, line 7 should begin to read as follows: "LAVWMA has already been designated as the 208 planning agencies and they intended to do a complete study on this CM-29-l22 December 9, 1974 (Minute Corrections) item as well as other matters. Following LAVWMA's designation as a 208 agency LA~~~~ was subsequently informed that the valley did not have problems sufficient to warrant such a study and now it appears...etc...". ~'.. I Page 95, second and third line should read: "stated that he has been informed by the owners of the land that is to be used for park pur- poses and that they are not interested in...etc...". ON MOTION OF CM MILLER, SECONDED BY CH TIRSELL AND BY UNANIMOUS VOTE, THE MINUTES FOR THE MEETING OF NOVEMBER 25th WERE CORRECTED, AS AMENDED AND THE MINUTES FOR THE MEETING OF DECEMBER 2, WERE APPROVED AS SUBMITTED. CONSENT CALENDAR Design Review Committee Minutes The minutes for the Design Review Committee meeting of December 4, 1974, were submitted to the Council for review. Payroll & Claims There were 147 claims in the amount of $575,593.48 and 355 payroll warrants in the amount of $91,475.76, for a total of $667,069.24, dated November 30, 1974, approved and ordered paid by the City Manager. ON MOTION OF CM TIRSELL, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE, THE CONSENT CALENDAR WAS ADOPTED. MATTERS INITIATED BY THE COUNCIL (Bike Licensing) Cm Turner stated that he would like the matter of bike licensing and theft pertaining to bikes, placed on the agenda. (re Widening of I-580) Cm Turner stated that in November em Hiller noted that he had re- ceived new information with respect to the widening of I-580 and with the Council's permission wrote to General Benjamin Davis of the DOT to inform him of this new information. Cm Turner stated that because this was supposedly new information he also agreed that the letter be sent. In reading the letter, dated December 6, Cm Turner noted that he is opposed to it because in his opinion it does not contain new information and appears to be just another letter pointing out that Livermore does not favor the proposed 8 lane freeway concept. He stated that it would appear from reading the letter that he has changed his position and that this is not true - he still favors the nroposed 8 lane concept, and emphasized that he is opposed to the letter that was sent which had been signed by the Mayor. Mayor Pritchard explained that the letter contained information that has not yet been brought to the attention of anyone and the informa- tion was based on the final draft of the Environmental Impact State- ment which was not received until November 25th, and the Council feels this is new information. CM-29-l23 December 9, 1974 (Re Widening of I-S8D) Cm Turner stated that he objects to the implication that there is solidarity between the Council and the views of the people of Livermore with respect to the widening and Mayor Pritchard replied that the majority vote of the Council represents the position of the City. Cm Miller pointed out that the minutes of November 2Sth indicate that the motion stated the City would like the DOT to reconsider for reasons listed in the letter prepared by Cm Miller, and that the new information is not new information to the Council but is new information to present to the DOT and other agencies and was not considered by CAL-TRANS in their Environmental Impact Statement. The things which were new information to CAL-TRANS were: The City's Smog report, the A. D. Little report, the Putnam report and the MTC report. Cm Turner felt there was more in the letter than the motion indi- cated and that he certainly does not support the majority of the Council's opinion regarding I-580 widening. (Trailer Ordinance) Cm Miller stated that he is starting to get complaints from people about trailers and that a new ordinance was supposed to have been adopted and wanted to know what has happened to it and Mr. Musso explained that it has been with the Planning Commission for their study session and that there have been a few problems they wish to resolve. Cm Miller stated that an ordinance should be adopted and a Council policy established so that there can be enforcement of the ordi- nance. (Billboard Variances) Cm Miller stated that there are a series of billboard variances before the County Board of Supervisors which will be heard this week and he feels the City should ask that the County not allow the variances because of our position on signs, and suggested tha t the staff send a letter asking that they conform to ~ordin~pce, AND SO MOVED, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. tte~~~ AI/~ (League Bulletin re Legislative Matters) Cm Miller stated that there was mention of SB 977 regarding revis- ion of the Subdivision Map Act and SB 1974 regarding a change of statutes on variances, and would like a copy of these bills. Mr. Musso replied that the revision of the Subdivision Map Act suggests that the City adopt its own subdivision ordinance by January or March and this will be coming to the Council. (Complaints re Vasco Road Repair Job) Cm Miller stated that he has been rece1v1ng complaints regarding what is considered a poor job of repairing Vasco Road, in the City limits, and Mr. Lee commented that this portion has recently been annexed and ultimately will have to be reconstructed. CM-29-l24 December 9, 1974 (Undergrounding Ord.) Cm Miller asked about the whereabouts of the Undergrounding Ordinance and Mr. Logan indicated that it will be coming to the Council within the next two weeks. ~, ~ (Holiday Decorations) Cm Futch stated that Gene Morgan, the Chamber of Commerce President, contacted him to say that they did not realize the Council had re- quested that the holiday decorations not be put up until after Thanksgiving, apologized because they were put up prior to Thanks- giving this year and he assured him that they would not put them up until after Thanksgiving in the future. Cm Futch felt perhaps this had not been made clear and MOVED THAT THE COUNCIL GO ON RECORD AS STATING THAT IT DESIRES THAT THE mCORATIONS NOT BE PUT UP UNTIL AFTER THANKSGIVING AND THAT PAYMENT FOR THE DECORATIONS (CITY PORTION) ~HLL BE PAID IF THEY HAVE NOT BEEN PUT UP PRIOR TO THANKSGIVING, SECONDED BY CM TIRSELL, AND PASSED 4-0 (Cm Miller abstaining as he is opposed to the whole concept.) (Arroyo Bridge Sign) Cm Futch asked about the status of the sign to be posted at the Arroyo bridge indicating that motorists should not pass bicycle riders while bikes are crossing bridge and r1r. Lee reported that the Street Depart- ment has been instructed to post the signs as soon as they have been made. (re Bridge for East Avenue Crosswalk) Cm Tirsell asked when the small wooden portable bridge for the East Avenue crosswalk will be ready and Mr. Lee replied that instructions have been given to prepare such a bridge and that such will be available during the rains. Cm Tirsell stated that it was raining last week and there was no bridge and Mr. Lee stated that he would do some checking. REPORT RE U. S. ARMY CORPS OF ENGINEERS STUDY RE URBAN PLANNING Mr. Parness explained that in an effort to help the Council gain more information relative to the proposed Urban Planning study to be conducted by the U. S. Army Corps of Engineers, he has invited Mr. Charles Elmore, from the Corps, to speak to the Council. Mr. Elmore explained that the Urban Studies program is a departure from the traditional role of the Corps of Engineers and that for years river basins have been used as the basic planning unit in river and harbor development and the Corps is turning its planning capabilities towards helping metropolitan areas solve their urban water and related land resource problems. In conducting this new program the Corps will be looking at some or all of the following: Flood control, flood plain management, water supply, waste water management, bank channel stabilization, and water related recreation. He stated that one of the local agencies has been charged with creat- ing studies and plans for handling waste water management and noted that LA~iA is to handle this particular component of the Urban Study but the total program looks at everything involved with water, includ- ing urban runoff into citie~which had not previously been reviewed. CM-29-l25 December 9, 1974 (re Corps of Engineers Study re Urban Planning) In 1970 the Corps was authorized by Congress to conduct a series of studies and from the studies the Corps has gained valuable experience in waste water management. The primary objective of this program is to use the Corps of Engineers, working in partnership with state and local government, to develop an integrated and a feasible plan- ning alternative for state and local consideration. Inherent in the program is maximum public exposure and involvement and the City's needs and desires will be incorporated into the alternative solution. Approximately one month ago they received funds to initiate the study but the funds are limited to the preparation of a plan of study that can be completed with local entities showing interest and the desire to cooperate. The scope of work and priority of objectives will be outlined in the plan of study and will be determined by the discus- sions with the local interests, which will be done to determine the needs and desires with respect to water resources. They would hope to complete the study within a year and will not duplicate any other federal, state, or local government agency's planning effort. The program will be basically funded by the federal government and the local costs will be limited to 25% of the waste water management component and can be in the form of manpower services rather than a cash contribution. He then explained the Alameda Creek Watershed area that will be subjected to the study proposed by the Corps and purpose as related to development with increas~~AP~~~tion as ex-~ pected in the coming years. The rapid populat~~~~ady experi- ~~~~. enced, affects the capabilities of existing facilities and brings ~- problems to the environment and the local inhabitants should be very concerned about the social and environmental effects of this growing population. This rapid urbanization has necessitated addi- tional water import from the State water project, also initiation of local action to address water quality and waste water management. Continued development of the upper basin combined with the very limited natural water resources will require an integrated approach to the problems - a coordinated plan is needed to develop land use, waste water use reclamation, flood control, flood plain management in order to meet the long range projections. Hopefully, the study will generate wide range of solutions which will encompass human resources development, environmental enhancement, wise use of the flood plains, waste water control and flood control improvements. The Corps efforts would be directed toward providing input to local planning in the form of alternative plans for helping solve the problems. The Corps will not engage in land use planning, as that is totally a local responsibility. Waste water management is an area where there are already several of the local agencies at work. In 1972 the Federal Water Pollution Control Act was passed which sets forth stringent demands on the entire United States, so that by 1985 there will be no discharge of pollutants into the waters of the U.S. It is imperative that adequate determination be made now on how waste water can be reclaimed, for what purpose and at which locations for water resources planning for this area. Potential water resources components must be viewed as being inter-related, not as separate entities. They are interested in the City's views regarding prior- ities of problems and desirability of solutions. Cm Futch asked Mr. Elmore what his profession was so that he could direct his questions and Mr. Elmore stated he was a Certified Water Resources Planner, and he has 25 years of experience. Cm Futch stated that Mr. Elmore had outlined the scope of the proposed study to be made by the Corps of Engineers. There are many agencies in the Valley who are engaged in water management, supply and waste water use and reclamation and since it is a principle of the Corps not to engage in duplication, he sees a conflict and does not know the explanation. He listed the agencies involved - the three com- munities in the Valley, the joint water agency LAVWMA formed for the disposal of waste water management, Zone 7 who is responsible for flood control, ~~ater supply; in addition there regional agencies such as BASSA, state agencies like Regional Water Quality Control Bd., CM-29-l26 December 9, 1974 (re Corps of Engineers Study re Urban Planning) r State Water Resources Board, in fact, it is hard to determine whose responsibility a particular thing is. He wanted to know why the Corps should get involved in something that has already created such a difficult problem because of the number of agencies involved, and is something that is a local or regional problem. Mr. Elmore stated that the Corps of Engineers did not, on its own initiative, barge in but came in by invitation from the Congress- man who is a representative of the local area. All the agencies mentioned are engaged in some form of water resources development but none look at the total spectrum of water resources development; hence, when federal funds are involved and the Congress of the United States has passed upon the appropriation of funds for the construction of these projects, they have experienced programs that have been piecemeal, and today they are hoping that they can receive a program that addresses all of the work components in one package. Cm Futch commented that the guidelines state that invitation must be by the local agencies and wondered who the local agencies were that requested participation of the Corps. Mr. Elmore stated that the Alameda County Flood Control and Water Conservation District was primarily instrumental in getting the resolution and the request of the Congressman, however Cm Futch stated that from talking to their Board members his understanding was that they did not request the study. Mr. Elmore stated that he had met with members of the Board in this same chamber, and in further questioning it was determined that Mr. Elmore had met with Mr. Mun Mar. Cm Futch felt the point was that it was not known what local agency had asked the Corps of Engineers and Mr. Elmore stated no agency had asked them but the Congress of the United States had directed the Corp to come here. Again Cm Futch stressed that the guidelines state that the Corps only comes if they are invited by a local agency. Cm Futch pointed out that LAVWMA has been appointed as the 208 Planning Agency and if the study is done by LAVWMA the planning would be 100% funded by the federal government under the 208 Plan, whereas if is done by the Corps of Engineers the local agencies would have to contribute 25% of the water management amount. Cm Futch referred to a letter from Marvin Rees to Congressman Stark which in part stated that local planning agencies and residents are aware that major urban development in the upper basin will require flood control measures of some type to avoid present and future flood damages and questioned what we were aware of. Mr. Elmore explained that when the Del Valle Reservoir and Dam were under construction the channel works in the lower reaches were built to protect the urbanized areas west of Niles Canyon and there are flood problems in the area today as the result of urbanization of areas that were in agricultural use 15 to 20 years ago and are now in the middle of flood plains and subject to damage. Cm Futch stated that we are not aware of the flood problems and was merely asking what the problems are in the Valley. He also asked what was meant by structures along the creek and if it might mean the banks, digging out and concrete lining, and Mr. Elmore replied that it could mean that. Cm Futch also referred to a letter from Lester Tinkham of the South Pacific Division which, in part, stated there are two major factions predominant in the study area - one seeking more development, the other opposing additional develop- ment and asked Mr. Elmore if he knew what agencies were referred to. CM-29-l27 . ._---~------_.__.- December 9, 1974 (re Corps of Engineers Study re urban Planning) Mr. Elmore stated that he did not know what agencies Mr. Tinkham had reference to. Cm Futch stated there was a meeting of Mr. Tinkham with the staff of the City of Livermore, LAVW~~ and BASSA, and according to the letter Mr. Tinkham concludes from the meeting that the Corps would be a valuable supplement to the current efforts. Cm Futch stated that if this is the conclusion it would seem to be a policy decision and is sure that Mr. Lee and other members of the staff would not state that they think this is a good thing and given as the reason for pro- ceeding. Mr. Lee remarked that he might have said that he felt the study would have some value and the Council should consider the Corps effort as it might serve the purpose. Mr. Lee stated that Mr. El- more attended the meeting with Mr. Tinkham and outlined the scope of the study. Cm Futch again asked if that could be taken to be the desire of the local agencies, and Mr. Lee assured him it was not, but was the very first contact the Corps had made with the BASSA staff and City staff. As a member of LAVWMA, the problem is that once the study is made, the argument comes back and without the local people really having a decision in these studies to any significant extent, it was found that in dealing with some of the federal agencies it predetermines what can be done, and once the study is made our alternatives are cut off and we no longer have control of our local destinies. Cm Futch stated there still remains the unanswered question as to who asked for the study, and why. Mr. Elmore stated he could appreciate Cm Futch's concern, and there is some merit in what he did state, but the facts are not the same today. There was a time when a study was introduced and requested by Congress and no member of the Corps of Engineers would have appeared before them; there was a time when a project could have been authorized and funded and construction would have been started, but today projects that have been on the boards for years that have been funded, construction started and if the local people did not like it and so indicated, construction was stopped. Today the local governments do have a hand in their destiny. Mayor Pritchard invited the other Councilmembers to speak, but asked them to be brief. Cm Turner commented that Mr. Elmore had stated that a local agency was charged with a water management study and asked Mr. Elmore if he meant that they had not completed the study they were charged with. ~r. Elmore stated he did not mean that but actually LA~~ and BASSA are in the process now of conducting that study. Cm Turner asked if there were any local funds involved in his urban study, and Mr. Elmore replied there were not. Cm Futch asked for clarification of that as there would be local funds involved - 25% if waste water management is involved, and Mr. Elmore stated that was correct, but if there is a 208 grant, those will be federal funds and will be considered as contributing its part to that non-federal function. In essence, with a 208 grant, the study will not require a 25%. Cm Futch continued that in that case the study would not be done by the Corps, and Mr. Elmore agreed, adding that in that case it would be a duplication of effort. CM-29-l28 December 9, 1974 (re Corps of Engineers Study re Urban Planning) ( ~ Mr. Elmore explained that if there is a 208 grant and LAm~1A or BASSA does not have the capability or the facilities to conduct the study, they can contract with the Corps of Engineers to do the study, and in that case they would have to reimburse the Corps for the work they would do, but they would be contracting with federal funds. Cm Futch stated that he had not heard of that process where LAVM1A could be designated as a 208 agency and could contract out. Cm Futch pointed out that the federal agencies had advised that the 208 planning was not needed in the Valley. Mr. Elmore suggested that Cm Miller direct the last question to his Congressman rather than to him as he had asked for the study. Cm Tirsell stated that the Corps was proposing to spend a massive amount of money for a study which, in effect, will duplicate the efforts of valley a gencies. She felt any agency in the valley could put $100,000 to use in a very effective manner to clean up the very pollution we know exists, and we don't need to study to get at it and clean it up. Also the implication that $100 million of federal, CH-29-l29 December 9, 1974 (re Corps of Engineers re Study - Urban Planning) state and local funds were spent on related projects on the study that was began in 1962 is appalling. With that sum of money being spent it should be made clear that it is a duplication of efforts. Mr. Elmore again stressed the fact that the Corps does not intend to duplicate the work that is being done by BASSA and LA~m. Mayor Pritchard thanked Mr. Elmore for his presentation, and asked for a motion from the Council. Cm Futch felt what they wanted to do was to write a letter to Con- gressman Stark, stating that the Council is not aware of any local agency that has requested the Corps of Engineers to come in and do an urban study in the Livermore-Amador Valley, and Mr. Elmore asked if a copy could be sent to the district engineers. Cm Futch continued that it is the consensus of the Council that the studies being un- dertaken by the local agencies are adequate. If additional studies should be done they should be under the 208 Planning Act with local agencies participating. THIS WAS STATED AS THE MOTION WHICH WAS SECONDED BY CM MILLER, AND LATER WITHDRA~iN. ~ Cm Turner stated that before we go on record as being opposed,~ ~ should ask why Congressman Stark had called for the study, and if there was any local agency who authorized the study. He felt there were two many unanswered questions in his mind to go on record as being opposed to the Corps of Engineers. Mayor Pritchard stated he agreed with the concerns of Cm Futch; however, they should do first things first, and he would support a letter to Congressman Stark, with copies to the Corps of Engineers, and also 'iith that letter instruction to the staff to find out who initiated the action, and why, and he would vote against the motion unless it is amended. CM MILLER MOVED TO STATE THAT A LETTER SHOULD BE SENT TO CONGRESSMAN STARK POINTING OUT THAT TO OUR KNOWLEDGE NONE OF THE LOCAL AGENCIES HAVE REQUESTED THE CORPS TO CONDUCT THIS STUDY AND THAT THE CITY IS OPPOSED TO HAVING THE CORPS DUPLICATE THE EFFORTS OF LOCAL AGEN~ CIES AND IF THERE ARE TO BE ANY ADDITIONAL STUDIES CONDUCTED, THEY SHOULD BE FUNDED THROUGH LOCAL AGENCIES, SECONDED BY CM FUTCH WHO WITHDREW THE ORIGINAL MOTION. Cm Turner stated that he would be opposed to the portion of the motion which states that the Corps is duplicating efforts because Mr. Elmore has assured the Council there will be no duplication; however, in the interest of expediting business he will vote in favor of the motion if it is clearly understood that he feels there is no duplication of services involved. CM MILLER INDICATED THAT THE INTENT OF HIS l'10TION IS THAT STUDIES SHOULD BE FUNDED AND CARRIED OUT THROUGH LOCAL AGENCIES, which had not been mentioned specifically in the motion and Cm Turner stated that in this case he would not be able to vote in favor of the motion. Cm Turner moved the question and the MOTION PASSED 3-2 (Cm Turner and Mayor Pritchard dissenting) . Cm Turner and Mayor Pritchard clearly indicated that they would like a letter to be sent to Congressman Stark asking who requested the study and that they did not vote in favor of the motion because of the latter portion of it. C~.1-29-130 December 9, 1974 RECESS A brief recess was called after which the Council meeting resumed with all members of the Council present. ~ ( . '.. CITY AGREEMENT WITH LIVERHORE GARDENS APTS. The City Attorney reported that an agreement has been drafted with respect to the Livermore Gardens Apartments, taking into account all Council directives and City public works standards and fees. The agreement is a standard development agreement between the City and Livermore Gardens and a setting down, in writing, terms that have been agreed to. He explained that at the time terms were ageed upon he was not the attorney for the City of Livermore and could not offer any specific background information. Cm Tirsell stated that with respect to fees, there is no mention in the agreement of donations for the School District and Mr. Lee explained that the City Attorney felt this should not be included in the agreement but that the City would expect to have a letter from the School District indicating that the Livermore Gardens people have complied with the ordinance with respect to fees for the School Dis- trict - that they have made the donation and there will be adequate facilities - prior to signing the agreement. Cm Turner suggested that the matter be continued to the next meeting because the City has not received a letter from the School District, the agreement was received late Friday and he has not had the oppor- tunity to review it, and also it is his understanding that the home- owners in the Rhonewood area have facts that may tend to cause the Council to reconsider the entire issue. He would also like the build- ing and grading permits to be held in abeyance until the next Council meeting. Mr. Hirsch, representative of the Livermore Gardens Apartments, sta- ted that he was not aware of the fact a letter was required from the School District and was of the opinion that a deposit of his check with the City would be adequate evidence that they had complied with the requirements. He indicated that a check had been made out to the City of Livermore and was advised that it should be made out in the name of the Livermore Unified School District. He has made a check out to the School District and he is in possession of it at this time and would be happy to give the check either to the City or the School District. Mayor Pritchard agreed that he would not want to approve the agree- ment until a letter is received from the School District. Mr. Hirsch stated that he understands there are a number of people in the audience who are opposed to the proposed development and that this is not the first time this matter has been before the Council at which time there was no public testimony in opposition to the development. He stated that he has met all the requirements, has invested a considerable amount in the project and has no intention of losing it. Everything is scheduled to be finalized this coming Thursday and the project will begin. He then reviewed the background concerning the development, costs involved and problems encountered which have all been resolved and indicated that if the loan is not recorded by December 12th HUD cannot fund the project and it will fail. Cm Turner stated that there was nothing in the minutes indicating that if everything wasn't finalized by December 12th that the project would fail or be cancelled and that he does not recall ever having seen the agreement and Mr. Lee replied that the agreement was included in the agenda packet in October when Mr. Hirsch was last before the Council concerning the agreement. CM-29-l3l December 9, 1974 (Livermore Gardens Apts.) Gene Grant, 5447 Arlene Way, President of the Rhonewood Homeowners Association, stated that as a representative of the homeowners in the Valley East area, they feel grave concern over the proposal to develop the Livermore Gardens Apartments. The Association has con- tacted the School District, outside attorneys, and people from the City during the past three days and have circulated a petition signed by 401 registered voters and/or property owners requesting that the matter be continued for one week so that they may develop their case. He stated that they do agree there is a need for low income housing that is properly planned for development but would like to have time to consider the proposal in depth. He then presented the petition to the City Clerk. Myrna Ward, 968 Hazel Street, stated that the Council might wonder why people did not speak in opposition to the proposed development sooner but explained that they have been trying to get more informa- tion about the project and the impact it would have on the surround- ing area, such as additional traffic and more children in overcrowded schools. She stated that she requested that they receive an agenda whenever the Livermore Gardens item is scheduled and was told that this is not done - agendas are available to the public on Friday prior to the Monday meeting but are not sent out unless paid for. She stated that they asked to receive agendas on a weekly basis and would pay for them, as is the usual procedure, and when they received their agenda last week the Livermore Gardens item was not mentioned but Mr. Hirsch did attend that meeting. She stated that she spoke with the Planning Department about the project and asked if there would be access onto Charlotte from Susan Lane and was told that such would probably not happen and later learned from the newspaper that the project would have access from Susan Lane onto Charlotte Way and they are very concerned about the inter- section of Charlotte Way and East Avenue in the morning and evening which is already a hazard. When she asked the Building Department about the deadline date for obtaining the permits she was told it would be February 1st and when she asked if this date could be extended by the staff or if it would have to go to the Council she was told that they did not know. The Association asked to receive a copy of the agreement and was told that a complete agen- da is located in the City Library and the Council Chambers and she stated that upon investigation of these folders, no such agree- ment was included. In her opinion the public should have the right to speak to the Council about agreements and they are not given adequate opportunity. She stated that at the time the Council waived the amount of money per unit, to the School District, in accordance with the ordinance, was the time they began investigation of the matter. Terry Rosso, 786 Catalina Drive, stated that he is an electrical engineer and does not corne before the Council to oppose or support the proposed project but rather to impartially question one aspect of it, which is the electrical power and communications utilities. It is his understanding that there will be overhead lines used for these utilities and asked if someone would respond as to whether or not this is correct, and Mr. Lee replied that it is true there will be overhead lines and this was allowed because of the Council's limitations, legally, with respect to requiring undergrounding. Mr. Rosso commented that overhead lines have a negative impact on neighborhoods and considers this a step backward, and asked that the Council reconsider this aspect of the plans. Jim Ward, 968 Hazel Street, member of the Rhonewood Homeowners Association, asked if it is true that the City will have to pay for the pull boxes and ducts for the utilities and Mr. Lee stated this is correct because it is a non-tract development on a major street, and there is no state requirement for undergrounding of lines. CM-29-l32 December 9, 1974 (Livermore Gardens Apts.) ~' Mr. Ward continued to say that on October 15th two of their board members addressed the Council with respect to overcrowded schools in their area and at that time the Council indicated there was a loophole in the ordinance and would have to approve the project with an agreement for $27,500 to be paid to the School District rather than $81,000. Mr. Croce, the School District Superintendent, has indicated that the project will have an adverse affect on the schools in the area and will possibly result in double sessions. The Association has found out just recently that the schools in their area are at or above capacity and there are no schools avail- able for the children who will reside in the Livermore Gardens Apart- ments. The School District has stated that they have informed the City of the overcrowded conditions and inability to house these stu- dents and in speaking with a HUD official, he stated that they rely on the local municipalities to see to it that the local fees are paid and if there are not school facilities available the City should not grant a permit. Mr. Ward questioned why a project should be approved if it will have adverse affects on their area and if the reasons raised by the Association are not sufficient to deny the permits they would like to know why. They realize that a tentative agreement has been reached but Cm Miller has indicated that the Council can always change its mind. Cm Futch commented that the questions raised were basically legal questions and the Council acted on the advice of the City Attorney and even though Mr. Logan was not the City Attorney at the time decisions were made, perhaps he could explain some of the legalities which were involved at that time. Mr. Logan explained that he would be happy to speak to the issues he is familiar with and one point is that there is concern about a subdivision requirement for a letter from the School District. The subdivision requirement does not apply to this project because it is not a subdivision, by definition, and therefore the letter from the District is not a requirement. The payment, if any, to be paid by Mr. Hirsch and his development is an agreed upon payment by him which he is is not obligated, by law, to do; therefore, it is in effect, gratis on his part. He stated that he would not want to give an opinion related to prior facts concerning the project because he has not been completely informed of the matter but would say that if there has been a prior agreement between ~1r. Hirsch and the Council and in reliance upon such agreement he has expended large sums of money and loses the project because of action or inaction on the part of the Council tonight, the Council subjects itself to potential liability for the cost Mr. Hirsch has thus far expended. He added that he does not know all the facts involved and therefore cannot render an opinion as to whether or not the Council is in a position of liability. It would appear that the major issue is the school issue and the fact is the City cannot require a school payment and if the payment is forthcoming at an agreed level it is solely at the agreement of Mr. Hirsch to make the payment and he is not obliga- ted to do so. Mr. Musso commented that the decision to put apartments in this area was done many years ago through the zoning process and all property owners were notified of the proposed zoning at that time. There were many hearings on the zoning and at that time there were not as many people in the area so there were no problems with respect to overcrowded schools and the School District did not take a stand against zoning of multiples for the area. Cm Futch explained that the $27,600 is a negotiated amount Mr. Hirsch has agreed to pay to the School District and the City had no author- ity to require the $81,000 that would have come from a subdivision with the same number of dwellings. CM-29-133 December 9, 1974 (Livermore Gardens Apts.) Cm Futch stated that with respect to undergrounding of utilities, there was also a legal problem in that because it is not a sub- division the same rule applies and the City could not legally require some of the things that would ordinarily be required for a normal subdivision and would hope that the concerned resi- dents of the area would understand the Council's position. Mr. Ward stated that in speaking with an outside attorney he was told that the rule of thumb with respect to civil law is the in- tent of the law and not the wording and is designed to protect the citizen and should be considered in the intent. He then read portions of the Environmental Impact Report relative to the project which would tend to indicate that the facts were not presented and that they intend to write to HUD concerning various portions of the report. Fred K. Spaeth, 5484 Cleo Court, member of the Rhonewood Home- owners Association, stated that it is his understanding Mr. Lee indicated that undergrounding could not be required of them because it was located along a major street and Mr. Spaeth stated that it is not on a major street and even the access to it is off a very small street and asked for some type of explanation as to why undergrounding was not required. Mr. Lee replied that there is direct access to East Avenue and also to Susan Lane. Also, it does have frontage on a major street. Mr. Spaeth stated that from what information he has been able to gather it would appear that HUD will not be developing anymore 236 housing developments (apartments) as of January 1975 and that individual housing will be provided because according to the HUD people the 236 housing "doesn't work". He stated that also, accord- ing to newspaper accounts, the total fees were to be paid and then within the past 30 days they have decided that they will not be paid. He indicated that in his opinion the people who may have been con- cerned with this matter were really never informed of the develop- ment and that any newspaper accounts concerning it were back on page 9 or in some insignificant spot and agreed that the agendas available to the public were not complete. Pat Goard, 876 Geraldine Street, member of the Rhonewood Homeowners Association and the Almond Avenue Parent Teachers Group including one of the board members, stated that the EIR regarding this project has not been made available to the public and many people in the area are concerned about the affects of the development upon the schools which are already overcrowded and where bussing is taking place. She stated that the Parent Teachers Group has been asked to furnish books, lumber, playground equipment, projectors and other items of expense because the schools cannot afford to provide the number of items needed for the children already attending the schools and they are concerned about another 200 children coming into these schools. Cm Tirsell commented that it should be pointed out that 200 children are not expected to come from these units and that the School Dis- trict computes the number of children expected to attend at 1.1 child per dwelling unit for Livermore and that this ratio is de- creasing because of the decrease in the birth rate. One member of the audience stated that she has been in areas where children are eating from the floor because they have no table and would suggest that the City take care of the people who are here before we worry about others coming to Livermore. CM-29-l34 December 9, 1974 (Livermore Gardens Apts.) ~ ~ .~ Jim Saddler, 5430 Betty Circle, member of the Rhonewood Homeowners Association stated that he would like to know why 1.1 child per dwelling unit is being used to compute the number of children from the project since the housing is averaging 3 and 4 bedroom units. Al Fees, 5476 Cleo Court, stated that in his opinion Mr. Hirsch is using scare tactics in trying to get the City to act on this matter and that a week's delay for such a project should not make any differ- ence. He stated that the matter has too much significance in light of the new evidence, to be quickly resolved for the convenience of one man. Floyd Hibbitts, past President of the Rhonewood Homeowners Association, pointed out that when Mr. Hanesworth spoke to the Council about under- grounding requirements for Southern Pacific Development, Mr. Hirsch was also present, and the City stated that there would be no waiving of the City's undergrounding requirements. He added that this was a statement made by the previous and not the current City Council and perhaps the legal ramifications have changed this opinion to some extent but this was the reason the Association did not state objection to the project. They understood that undergrounding would be required and that the fees to the School District would be paid and if they had realized that these things were not going to be done they would have taken a stand at that point in time, in opposition to the project. He stated that he is also involved with land development and would like to state that it is extremely foolish to tie large sums of money into a major project without knowing that full approval and permits will be given. He stated that he has found out that the reason HUD is considering dropping the 236 housing in 1975 is because it is not successful in meeting the needs and housing for the people for whom it is being built and that the person who stands to make money and succeed from the program is the developer. He stated that the issue seems to be an investment versus the life style of the 336 homeowners of the Association and all the other people who are affected because their children attend the schools that will be receiving additional children from the project. With respect to the draft agreement sent from the City Council, dated October 14th that Mr. Hirsch mentioned, he would question if this was a signed agreement or the draft of an agreement that was agreed to be entered into by both parties; if it was a draft there was no agreement until it was finally signed and agreed to by both parties. He felt that if this project is going to have the negative impact it appears to have, it should not receive approval for building permits. Mr. Hirsh stated that there was a very big lead article in the Tri- Valley Herald, dated October 16th, entitled "Livermore Okays Low Cost Housing" and in the article the statement is made that a $27,500 donation to the School District is a condition of approval. He added that he respects the comments and concerns raised by the people who have spoken and that he also has children in school and has spoken against a particular development in his community; however the comments made would relate to a planning matter and that this is not a planning issue. He pointed out that he is advancing a very substantial amount of money to the School District because of an issue made by a prior developer; OGO. He stated that his development is in no way related to OGO and has nothing to do with OGO nor does OGO have any interest in this development. He then listed the various costs involved in requirements for the project, including $227,000 in fees to the City and the School District and that he has been told by the area office of HUD, located in San Francisco, that if the deal is not closed by December 13th the project will be scrapped. He pointed out that HUD has very little staff left and it is anticipated that half of the staff will be gone after December 13th. Mr. Hibbitts stated that HUD has a guideline that states if the School District feels there is not adequate school facilities, the project should not be allowed and on this basis the City Council should deny approval of the project and permits. CH-29-l35 December 9, 1974 (Livermore Gardens AptS.) Mr. Hirsch stated that it should be recognized he has been put in a bind and really didn't anticipate the barrage of people in opposi- tion to his project at this meeting and that he happens to be a human being in trouble. He has been confronted with many problems that he has tried to work out, including the $27,500 to the School District and with this money they should be able to provide facilities for the additional children. One member of the audience asked if the letter from the School Dis- trict has been sent to the Council and Mayor Pritchard commented that the staff has indicated a letter has not been received; however, the letter is not a condition of the requirement because the project is not a subdivision. Mr. Grant stated that the people who have spoken this evening appre- ciate the courtesy the Council has extended and that it is known and respected for making rational decisions and should not be swayed by the fact that Mr. Hirsh may have invested money unwisely or made commitments. He urged that the Council consider the testimony that has been given and to review the HUD Environmental Impact Report which the Association feels is very important and to give them one more week to diagnose the contents of the report and to allow further research. He stated that they have appeared before the Council this evening with 401 signatures which were obtained last night at 8:00 p.m. which is indicative of how strongly they feel about the matter. Cm Turner commented that the agreement indicates that Mr. Hirsch is responsible for all earlier agreements and that originally OGO promised to pay the School District $800/unit but on advice of our City Attorney and Mr. Hirsch's City Attorney everyone agreed to a donation of $27,500. He would also question the deadline date of December 13th because of the fact that when Mr. Hirsch appeared be- fore the Council in October he said he would have to pick up the building permit the next morning also, and Mr. Hirsch replied that he had not received the HUD commitment and that the delay was be- cause of HUD; he got the commitment just last week and is required to close at the earliest possible date. Cm Miller stated that Council policy with respect to requ1r1ng undergrounding has not changed; however, it was discovered that in this case the Council does not have the statutory authority to re- quire the undergrounding. He added that this entire issue is very depressing to him, personally, and records will show that he has never been willing to give anything away to a developer if anything can possibly be done to prevent it, and everything that was brought up tonight has been argued for, by him, every step of the way. The most depressing aspect is that he will have to vote for the agree- ment, after having voted against every step that led up to it. He voted against the rezoning for multiples, against the exclusion of this prower~J.t.he morato~ium~ and in favor ~~~~Ull school fee or-i ~ ~ fee wh1ch 1S m~~n the ~, for a long time. The circumstances leadingU~-the approval of the zoning and the project and exclusion from the moratorium leave the Council no choice,~ Mayor Pritchard and he pointed out at the time this property was excluded from the moratorium, that things which have happened tonight could happen; unfortunately, Mayor Pritchard and Cm Miller's wishes did not prevail. The compromises he has voted in favor of, reluctantly, were because of legal advice,~ ~ the property had not been rezoned the City would not be in this mess' ~f the property had not been excluded from the moratorium the City would not be in this mess~~ if the SAVE Initiative were in effect we wouldn't be in this fix. unfortunately, all these things which have taken place in the distant past, have brought the council to the place where there is no legal choice. Sometimes it is necessary M~e4~. CM-29-l36 December 9, 1974 (Livermore Gardens Apts.) n to project what will happen five years in the future because of some action taken at this time, and it isn't always easy to know how things will really be when you reach that point. The City now has no choice, legally, but to approve the agreement and even though he is opposed to signing the agreement and did not want to settle for $27,500 for the School District, it was the best the City could do in the circumstances according to legal advice on both sides and otherwise it would mean litigation and was the reason for the negotiated compromise. None of this would have happened if the property had not been rezoned or ex- cluded from the moratorium but this is something nobody can do anything about now and everything is locked into the point where nothing can be done other than to sign the agreement. If there were any way the City could get out of this, legally, the City would have done it at the time the contract was discussed. The residents who are concerned still have the option of going to HUD and this should be done very soon if action is to be taken to stop the project. Cm Tirsell stated that she also regrets that she must vote to approve the agreement and had she been on the Council when this matter came up she would have not have voted for the original proposal because she is aware that school facilities are not sufficient. She stated that she was not on the Council at the time this was suggested but did go to the Rhonewood Homeowners Association with her concerns and assumed that as alert citizens there would be follow through in doing something to get it stopped. She stated that this has been a painful lesson of what can happen and that citizens must be alert. This is a last minute, last ditch attempt to halt a project and our City does not deal in bad faith. She stated that she has attended meetings when this proposal, which was approved by a prior Council, was dis- cussed and informed that the letter from the School District could not be required and that the $81,000 could not be requested, accord- ing to legal advice. The Council has met and seen this item on many agendas and the benefit of concerned residents was not available during the planning process of this project. Tonight, when our City is faced with possible legal action for dealing in bad faith, suddenly the Council is asked by the citizens to consider all of the concerns brought up this evening. She added that she cannot now vote in bad faith against things which have previously received unanimous approval, has signed and approved previous agreements and regretfully must ap- prove this agreement tonight. Cm Turner stated that he really does not know what he may have done four years ago but it appears that the Council is required to approve the agreement because of the legalities, whether they like it or not. Cm Futch stated that everything the Council could say about this matter has been said and he regrets that it cannot be delayed for another week, as requested, but there is no way there can be another delay without suffering the loss of thousands of dollars, and agreed that the Council has no choice. 11r. Hibbitts stnted that it is true Mrs. Tirsell spoke to the Associa- tion regarding her concerns for allowing the project some months ago; however, they were told that all the fees would be paid, in- cluding the $81,000 to the School District, and that everything would be provided. They were dealing with one set of information that had been given to them and all of a sudden none of these things are being done and he questioned as to who is really dealing in bad faith. Mrs. Ward stated that they have contacted the Housing Authority, HUD, and people living in the vicinity of 236 housing projects and it has been concluded that the success is questionable, at best, and in some cases the effects have been disastrous and wanted an answer as to why the Council cannot take these things into considera- tion at this point. Cm Tirsell stated that she went to the Association over a year ago with these very concerns and that these are planning considerations and problems that should have concerned the residents a year ago. CM-29-l37 December 9, 1974 (Livermore Gardens Apts.) Cm Miller stated that he would also like to respond to Mrs. Ward's question by saying that the depressing fact of why the City can't do something, in view of all this, is that cities do not have un- limited authority and we can't do all the things that are right be- cause we are limited by statutes. He added that even if the people had come to the Council a year ago the City probably would not have had the right to disapprove the project because it was excluded from the moratorium and allowed to be a 236 project. CM TURNER MOVED THAT THE COUNCIL ADOPT A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, SECONDED BY CM. TIRSELL. CM MILLER MOVED TO N1END ITEM 9 TO ADD LANGUAGE, TO BE LEFT UP TO THE CITY ATTORNEY, THAT ALL COSTS AND ATTORNEY FEES FOR COLLECTION OF ANY SURETY BONDS SHALL BE AT THE EXPENSE OF THE DEVELOPER AND TO DELETE ITEM 15 ON CONDEMNATION BECAUSE PRIVATE CONDEMNATION EX- ISTS, SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY. Cm Miller stated that before the vote is taken to the main motion he would like to say that he would appreciate an invitation from the Rhonewood Homeowners Association to speak to them about what happened in this case and to give them more detailed information and that he would be happy to give answers to the most difficult questions and also that he was the person who negotiated for the $27,500 to the School District and can shed some light on some of the legalities the City was faced with. AT THIS TIME THE MOTION PASSED BY UNANIMOUS VOTE. RESOLUTION NO. 191-74 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Livermore Gardens Apartments) RECESS A brief recess was called, after which the council meeting resumed with all members of the Council present. COMMUNICATION RE BART BUS SERVICE PARKING A letter was received from Mr. Harshbarger regarding BART bus service parking facilities and noted that the service is for the convenience of the commuter and if he does not have a place to park he will not use the service and urged that adequate park- ing at the designated stops be provided by the City. Mr. Parness commented that there has been very littlp. impact on parking facilities in the downtown area and for that reason would request permission not to post limited parking for the lot and continuous checks will be made. co~rnUNICATION FROM VMH RE PLANS FOR HOSP. IN PLEASANTON & MEDI-CAL A letter was received from Thomas Andrews, administrator of Valley Memorial Hospital, relative to plans for a hospital in pleasanton, which indicates that the existing facility shall provide all of the services considered necessary to serve the Livermore community and that as far as the problems brought out concerning the MediCal patients not being able to receive care, CM-29-l38 December 9, 1974 (re MediCal Patients) he indicated that no patient is denied emergency medical care by any physician in the area but physicians decline a long term arrange- ment with HediCal patients because of the problems they are confronted with in trying to receive payment for services. He assured the Council that the Hospital and the medical community are aware of the problems confronting the MediCal patient and efforts are being made to find a satisfactory solution. Mayor Pritchard suggested that the City contact teaching hospitals where there may be intern physicians who would like to go into pri- vate practice at the completion of their internship and to obtain their names. )!i/kT1rJ!A~~ Cm Miller s~~n~d .t~at he would like a copy of the Gorsline report and~~~~ He stated it was the citizens of Livermore that provided the major financial support for the construction of the hospital and its addition. We recognize there are needs in the Pleasanton-Dublin area requiring service, but not at the expense of Livermore. Cm Tirsell stated that she has read the report at the Library, and noted that the population projections which the hospital growth seems to be based on are absent from the report, and she would like to have this information. Her concern is that there is nothing to indi- cate what sort of hospital will remain in Livermore. There is discus- sion of a mental facility being established at VM. Since intensive care is such an expensive service, she wonders if Livermore will lose intensive care and if we will have the same surgical facilities that we have come to depend upon. She did not wish to critisize the Board as she feels they are planning for health needs, but is concerned as a Councilwoman of Livermore that we may be losing facil- ities our citizens have come to depend upon and have paid for. She would like more information as to what exact facilities will be left in Livermore and on what population basis they have projected the new hospital. Cm Tirsell also stated there was nothing to indicate how the new hospital facilities will be financed, and she felt this is something our citizens need to know. CM TIRSELL MOVED THAT THE STAFF OBTAIN INFOill1ATION ON THE POPULATION PREDICTION, HOW IT WILL BE FINANCED, AND WHAT FACILITIES WILL BE LEFT IN LIVEID10RE: MOTION WAS SECONDED BY CM MILLER. MAYOR PRITCHARD &~ENDED THE MOTION TO ASK THE STAFF ALSO TO OBTAIN LEGAL AND PROCEDURAL REQUIRE~~ENTS FOR FOR~ING A CO~!MUNITY HOSPITAL DISTRICT. THIS ~vAS INCLUDED IN THE MOTION. Mayor Pritchard explained that he receives calls from irate citizens who think the City has some control over the hospital or that it is a publicly controlled hospital, both of which are not the case. If and when it becomes necessary to have a community hospital district where it is tax supported and taxpayer controlled, he would like to know what to tell the people if they wish to do that. VOTE WAS TAKEN ON THE MOTION WHICH PASSED UNANIMOUSLY. CO~~lUNICATION FROM BD OF SUPERVISORS RE COUNTY'S SPACE & SERVICE REQUIRE- ~1ENTS IN VALLEY A communication was received from Joseph P. Bort, chairman of the Alameda County Board of Supervisors, regarding a recent report CTvI-29-l39 ~ December 9, 1974 ~ (Space & Service Req.) by a consultant on the county's service and space requirements in the Livermore-Amador Valley Area in which he asked for reactions and comments regarding the recommendations of the consultant. C Miller suggested that a letter of appreciation be ~ and the opportun.ity to provide some input and ~rchitect discuss the plans. REPORT RE MINI-PARKS FIRST ST. AND SO. LIVEro~ORE FROM BEAUTIFICATION COM}1. sent for the hear the A report was submitted by the Beautification Committee indicating they had reviewed the plans for both mini-parks at First Street and Livermore Avenue and wished to reaffirm their previous position that the two corners be developed strictly as mini-parks. Cm Miller would like the Council to ask if there can be some re- design to reduce the estimated cost of the two parks. The Public Works Director stated he knew the Council was interested in reducing the costs and he has done a lot of work and found there are ways to minimize the cost, and he would be happy to explain this to the Councilor present it at the time they request approval to call for bids and hopefully they will be able to include the inter- section of L Street and No. Livermore Ave, the two parks at the intersection plus K Street which should be ready in January. COMMUNICATION TO HILLSIDE DEVELOPMENT STUDY COM}lITTEE BY PLANNING COMMISSION A copy of a communication from the Planning Commission to the Hill- side Development Study Committee indicating that the Committee should attempt to spell out general goals for the hillside areas in the City. Mayor Pritchard noted the communication for filing and suggested that any member of the council who might have some interest in the hillside development should contact the committee for input in the matter. EXPIRATION OF TEB1~ - ALN4EDA COUNTY MOSQUITO ABATEMENT DIST Notification was received from the Alameda County Mosquito Abate- ment District that the term of the City's representative will expire January 2, 1975. This matter will be discussed during the executive session. REPORT RE ARCHITECTURAL CONTRACT MODIFICATION FIRE STATIONS The City Manager had reported that at the meeting of November 18, a new budget figure for the two fire stations capital cost had been approved inasmuch as the unit price had been estimated at $35 per sq. ft. and the architect's research set the rate at $48. He explained that the misunderstanding as to the dollar figure has to do with Article 3.5 of the A.I.A. standard contract. This requires a 10% bid contingency to be added to the estimated capital cost. CM-29-l40 December 9, 1974 (Architectural Contract MOdification-Fire Station) / Thereafter, if the bids exceed this figure, architectural redesign is required without cost to the client. Thus the figure inserted in the contract should be $583,000 which still retains the $530,000 maximum bid, plus a 10% or $53,000 bidding contingency. It is re- commended that a resolution be adopted authorizing the contract change. CM FUTCH MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CONTRACT CHANGE, SECONDED BY C1'1 TURNER, AND THE NOTION PASSED 3-2 WITH CM MILLER AND MAYOR PRITCHARD DISSENTING. RESOLUTION NO. 192-74 RESOLUTION AUTHORIZING AMEND~ffiNT OF CONTRACT AGREEMENT (Associated Professions) REPORT RE ZONE 7 RATE ADJUSTHENTS Notice has been received of the impending rate adjustments for Zone 7, and it is recommended that this matter be referred to the staff as to its effects on retail costs and resultant adjustments that may be needed in the City's water rate schedule. Cm Tirsell commented that she had some questions she would like to have answered by the staff: whether the bulk water rate has been increased from the California Water Project; why untreated water for agricultural purposes is more expensive than treated water for dom- estic use. Mr. Parness asked if it was the wish of the Council to have the cost raise reflected in the city water rate schedule. Cm Miller stated he would like to have the staff analyze what the real breakdo~m is in the existing plant expense increases due to inflation vs. the water rate increases expected from Project 2. REPORT RE TRAILWAY TR. 3333, H.C. ELLIOTT A report was received from the Planning Director re trailway in Tract 3333, H. C. Elliott. CM MILLER HOVED THAT THIS ITEM BE CONTINUED TO DECEMBER 16; SECONDED BY CM TURNER, AND THE MOTION PASSED UNANIMOUSLY. REPORTS FROM PLANNING COHMISSION (Proposed Z.O. Amendment re RS District) The Planning Commission has considered a Zoning Ordinance Amendment re the RS District to add RS 1.5 and 2.5 Zones; minimum lot size; minimum yards, developable floor area; I Districts, various amend- ~ ments re minimum non-street frontage yard, and other setbacks. This matter is to be set for public hearing. CM MILLER MOVED THAT THE ~mTTER BE SET FOR PUBLIC HEARING ON JANUARY 6, 1975; MOTION SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. CH-29-l4l December 9, 1974 (planning Commission Minutes) The minutes of the planning Commission's meeting of November 19 were noted for filing. REPORT RE COMMUNITY AFFAIRS DIRECTOR FROM CM TURNER A report had been submitted by Cm Turner regarding a Community Affairs Director, which outlined what this position might entail. Mayor Pritchard stated he had also considered a Council represent- ative, and felt that the one position could be combined. Cm Turner suggested that Mayor Pritchard put his ideas in writing. CM MILLER MOVED THAT A SUBCOr{MITTE OF CM TURNER AND TIRSELL BE APPOINTED TO STUDY THE REPORT AND ITS RAMIFICATIONS; MOTION WAS SECONDED BY CM FUTCH AND PASSED UNANIMOUSLY. REPORT RE COUNCIL POLICY BY CITY MANAGER A study draft was prepared by the City Manager which when adopted would formally establish Rules and Procedures for the Council agenda preparation and conduct of meetings which he recommended to be set for a study session. After some discussion on the matter CM TIRSELL MOVED TO TENTATIVELY ADOPT THE AGENDA SCHEDULE AS IT IS SET FORTH FOR THE FIRST MEETING IN JANUARY TO BE EFFECTIVE AFTER THE DECEMBER 16, ~mETING: MOTION WAS SECONDED BY CM TURNER AND APPROVED UNANIMOUSLY. PROPOSED ORDINANCE RE MUNI CODE &~ENDMENT - Sec. 14.25 CORPUS C!.1 TURNER MOVED THE FIRST READING AND INTRODUCTION OF THE HUNICIPAL CODE AMENDMENT ADDING SECTION 14.25 RE SECURITY OF CERTAIN POLICE RECORDS; SECONDED BY CM FUTCH. Cm Miller stated he would vote "no" on the ordinance because of the wording "with wilfull and malicious intent" because it makes it a fraud because no one will ever be prosecuted under the terms of the ordinance. Mayor Pritchard asked what would happen if the ordinance is not adopted by the City, and Mr. Logan replied that the County cannot force the city to adopt the ordinance, but if they feel it is of substantial import, they will pass a state law and put it in the penal code. Mr. Logan commented that he had been informed that the way the system operates, it would be easy for someone unknowingly to disseminate information which without the requirement of wilfull- ness or knowledge could result in a prosecution of someone who had no criminal intent whatsoever. Ci1. FUTCH WITHDREW HIS SECOND TO THE MOTION AT THIS TIME. Mr. Logan stated he did not feel the County was in a big hurry and perhaps he could obtain more specifics in this regard. C~1 MILLER MOVED TO TABLE THE MATTER; SECONDED BY CM TURNER, AND THE MOTION PASSED UNANIMOUSLY. CM-29-l42 December 9, 1974 CM MILLER MOVED THE FIRST READING AND INTRODUCTION OF THE ZONING ORDINANCE AMENDMENT REFLECTING COUNCIL ACTION TO DESIGNATE CITY OWNED PROPERTY (AIRPORT, GOLF COURSE AREA) AS I-I DISTRICT. MOTION WAS SECONDED BY CM TURNER AND PASSED UNANIMOUSLY. Title only was read by the City Attorney. PROPOSED Z.O. AMENDMENT TO DESIGNATE CITY OWNED PROPERTY AS I-I DISTRICT (Airport, Golf Course) ADJOUfu~r1ENT APPROVE ATTEST Regular Heeting of December 16, 1974 A regular meeting of the City Council of the City of Livermore was held on December 16, 1974, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 with Mayor pro tempore Hiller opening the meeting. Present: Cm Turner, Miller, and Tirsell ROLL CALL Absent: Cm Futch and Mayor Pritchard (Seated Later) Mayor pro tempore Miller led the Council members as well as those present in the audience, in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE MINUTES December 9, 1974 p. 134, it was noted that the last paragraph does not identify the speaker by name and there was a question as to whether or not it should be omitted and it was concluded that it should remain a part of the minutes. p. 130, 5th oaragraph should read: Cm Turner stated that before we go on record as being opposed, we should ask Congressman Stark... p. 124, under Billboard Variances, the next to last line should read: the staff send a letter asking that they conform to the County's or- dinance,.......etc. p. 126, 24th line down should read: expected in the coming years. The rapid population growth, already experienced,....etc. CM-29-l43 December 16, 1974 (Minute Corrections) p. 129, large paragraph, 5th line should read: are connected to the subject being discussed. The connection is based on the impli- cations....etc. p. 136, last paragraph, 13th line should read: fee or supported by a fair fee which is more than the $81,000, for a long time. The circumstances leading from the approval of the zoning and the project and exclusion from the moratorium leave the Council no choice. Mayor pritchard and he pointed out at the time this property was excluded from the moratorium, that things which have happened tonight could happen; unfortunately, Mayor Pritchard and Cm Miller's wishes did not prevail. The compromises he has voted in favor of, reluctantly, were because of legal advice. If the property had not been rezoned the City would not be in this mess; if the property had not been excluded from the moratorium the City would not be in this mess; and if the SAVE Initiative were in effect we wouldn't be in this fix. Un- fortunately, all these things which have taken place in the distant past, have brought the Council to the place where there is no legal choice. Sometimes ...etc. p. 139, 3rd paragraph, 2nd line should read: report and amendment. He stated it was the citizens of Livermore....... p. 140, 2nd paragraph, 2nd line should read: Supervisor Bort's letter and the opportunity to provide some input and hear the... ON r10TION OF CH TIRSELL, SECONDED BY cr'll TURNER AND BY UNANIHOUS VOTE THE MINUTES FOR THE MEETING OF DECEMBER 9, 1974, \VERE APPROVED F...S CORRECTED. OPEN FORm,l (re New Smog Law) Paul Tull, 2243 Linden Street, stated that he feels an EIR should be made up for North Livermore Avenue because it is carrying 35,000 trips and the new smog law affects anything on an old street over 10,000 trips. Cm niller stated that he cannot believe No. Livermore is scheduled for 35,000 trips and Mr. Lee stated that ultimately this could be true but as to whether or not there has been an impact report. As he recalls there was one for North Livermore Avenue prior to com- mencement of construction. Cm Miller stated that he feels the point is well worth consider- ing and asked that Mr. Lee furnish a report regarding the history of traffic counts on North Livermore Avenue and the traffic that is expected. CONSENT CALENDAR Resolutions of Appointments - Various The following resolutions were adopted approving appointments to various committees: RESOLUTION NO. 193-74 A RESOLUTION APPOINTING ~mMBERS TO AIRPORT ADVISORY CO~1ITTEE (William Bennett and John Kerekes) CM-29-l44 December 16, 1974 (Committee Appointments) RESOLUTION NO. 194-74 --..----- ( A RESOLUTION APPOINTING HE!1BERS TO DESIGN REVIEN Cm,1l'UTTEE (Barbara Baird and Gloria Taylor) RESOLUTION NO. 195-74 A RESOLUTION APPOINTING MEMBER TO BOARD OF TRUSTEES OF THE MOSQUITO ABATEMENT DISTRICT (William Jenkins) RESOLUTION NO. 196-74 A reSOLUTION APPOINTING MEMBER TO HOUSING AUTHORITY BOARD (Herbert Newkirk) Minutes for the Beautification Committee's meeting of November 6th were submitted to the Council. Beautification Committee Minutes Reports were received from the following departments, as follows: Departmental Reports Airport Activity - November, 1974 Building Department - November Mosquito Abatement District - October and Biennial Report 1973 and 1974 Municipal Court - October Police and Pound Departments - November Water Department - October Payroll & Claims There were 108 claims in the amount of $192,562.60 dated Decem- ber 16, 1974, approved and ordered paid 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. I''IAYOR PRITCHARD WAS SEATED AT THIS TIME. ~~TTERS INITIATED BY COUNCIL (Greenville North Park Site) ('\, Cm Turner asked about the status of the acquisition of property for the Greenville North park and Mr. Parness replied that one of the Ovffiers had indicated that he is willing to discuss the value of the property with the staff. Cm Turner commented that this is a concern of many people and he would like to try to get the owners to talk with the staff as soon as possible and perhaps they have decided to cooperate. C?'1-2 9-145 December 16, 1974 (Mail Service) Cm Turner stated that he is concerned about the people who are in new homes and are not receiving mail at their homes because they are supposed to receive curbside delivery in the future and would suggest that they be allowed to install the curbside mail boxes. He indicated that it appears obvious, at this point, that the Post Office is not going to rescind the order regarding delivery to the house. Some families have only one car, and others have problems which prevent them from getting to the post office to pick up their mail and people are starting to complain about the situation. They have a real problem and it would seem that something could be done. Cm Miller pointed out that the Post Office will never homeowners are in a bind. tors and congressmen about if people put up the curbside mail boxes deliver to the door and agreed that the The homeowners need to write to our sena- the situation to get the order rescinded. Mr. Parness stated that this was started at one time in the past and there was such an uproar, nationally, that the ruling was reversed; however, it is not being done nationwide but left to the discretion of the regional postal directors. In our case it is the decision of the person in Oakland as to whether or not there will be curbside delivery for the new homes. In other areas of California this is not being imposed and there is not a unified effort that will go screaming to Congress. He stated that recently the League of Cities in Houston adopted a resolution directed to Congress that this matter be countermanded and in his opinion this will help. We have con- tacted our congressional delegation and have met with sympathetic response from all of the delegates as to this problem. Cm Tirsell stated that she, too, has received a number of telephone calls regarding this matter but if given the choice of having tem- porary boxes or permanent delivery to the home later she feels the homeowners would be willing to wait for permanent home delivery. She suggested that there be a time limit set and that beyond this time the Council might look for an interim ordinance and suggested that someone write to Congressman Stark to see what can be done through legislation and then the Council can review this again February 1st. The Council concurred with this suggestion. (VCSD Lawsuit) Cm Turner stated that last week he was in City Hall and that the Air Pollution Study recently submitted for consideration, by Dr. Higgins, was being prepared for evidence in the VCSD-Pleasanton lawsuit. The City Attorney has submitted a letter to the Council stating that it has not given any direction to forward the report and is only forwarding it as a professional courtesy. Cm Turner stated that he does not object to this but that earlier in the week, prior to the Council meeting, he was told that the Council would be discussing the Air poPollution Study with the possibility of sending it to the VCSD for use in their legal battle against Pleasanton. He stated that he objected to the report, for various reasons, and it was not scheduled on the agenda so there was no discussion of it. He felt that perhaps certain Councilmembers had conducted business outside of the Council Chambers but the letter from Mr. Logan ex- plains what happened and he would like to apologize for thinking that anyone from the Council had met with Mr. Logan to discuss business. He stated that from reading the minutes the report has never been officially adopted as an official report of the Council and is somewhat distressed that it was sent before adopting it. Dr. Higgins has prepared an addendum to the report which he intends to send to VCSD and Cm Turner suggested that there be a public hearing regarding the report and its adoption noting that he has some ques- tions about the report that he would like answers to. CM-29-l46 December 16, 1974 (Air Pollution Report) ( \ Cm Tirsell stated that she can understand Cm Turner's concern if he is not in agreement with the report; however, she was chairman of a y~ar long report that came berore the Council which it did not adopt but did accept. She stated that when a committee has been authorized to to a study it is not right to say that the City disagrees with it. She felt if the Council wishes to invalidate a report and would like it to be done over this could be discussed; however, ~1r. Higgins came before the Council to discuss it and to answer any questions the Council might have and there typically is no vote on this type of thing. She pointed out that the General Plan Review was a very explosive item but the Council did not vote on it or have a public hearing - the people doing the study are the public. There may be disagreements with various reports but it is doubtful that five people on the Council would all agree with a re- port, of any type, done by citizens. Cm Turner agreed that perhaps a public hearing would not be necessary but that he does have questions he would like to ask Dr. Higgins about the report that were not answered at the time he presented the report to the Council. He noted that he has questions relative to the eco- nomic impact and that reference should be made to more than one ve- hicle to be used to solve our problems in the valley. Cm Miller stated that what Cm Turner is asking for was not in their charge (the economic impact) and that they were asked to study the air pollution problems in the valley and the implications of air pollution in the valley. It would be unreasonable to ask that they include an economic study if this was not included in their charge. Also it should be mentioned that not every person working on a re- port checks every piece of arithmetic done and he is sure that this works the same way in busin~ss practice. There is always some kind of cross-checking and he knows, personally, that this was done. Also, the committee did not say that "no gro'Vlth" ",as the only answer. They did say that without other things that can chang~ the number of ve- hicle miles traveled, or the emissions, then no growth is the conse- quence. They specifically mentioned that if 1/3 of all the valley trips were on public transportation, then there could be as much as a 1% growth rate. (Indirect Source Regulations) Cm Miller stated that Senator Tunney wishes to postpone the Indirect Source Regulations, for another 30 days, and feels that the Council should oppose delay as strongly as possible. CM ~1ILLER MOVED THAT THE COUNCIL DIRECT THE STAFF TO PREPARE A LETTER ASKING SENATORS TUNNEY AND CRANSTON AND CONGRESSMAN STARK NOT TO RE- QUEST THAT INDIRECT SOURCE REGULATIONS BE POSTPONED, SECONDED BY CM TIRSELL. Cm Turner stated that he would like to know why Congress has suddenly decided to become involved in this matter. We are less than a month away from implementation and now Congress is becoming involved and wondered what they have been doing in the meantime. HE SUGGESTED THAT THIS BE INCLUDED IN THE LETTER AND ASKED THAT THE MOTION BE k~ENDED TO INCLUDE THIS, AGREED TO BY THE MOTION AND SECOND. (~ MOTION PASSED UNANIMOUSLY. ',- CM-29-l47 December 16, 1974 (KGO Editorial Favor- ing New Town Development) Cm Miller stated that KGO has had an editorial in favor of the develop- ment of New Town and that they allow the same amount of time for a rebuttal. Cm Miller feels that the City should provide a response as soon as possible and insist that it run before the County makes a decision on the matter. There was discussion regarding the editorial and Mr. Parness was asked to check with KGO to see when we can go on the air, and ~1ayor Pritchard will make a statement at that time. (MTC Hearing re Widening of I-580) Cm Miller stated that MTC has scheduled a hearing regarding widen- ing of I-580 on Wednesday, December 18th, and that the Council should attend the hearing. We were told that there would be no public testimony allowed at the grant review committee but they opened it up for public testimony and in case such a thing should happen someone should be there to speak about the principes of the decision and he would be willing to appear if the Council agrees. (Illegal Signs) Cm Miller stated that he continues to see illegal signs in the public right-of-way and that the Police Department has been in- structed to remove such signs. He suggested that the staff speak with Chief Lindgren about the matter and that it be a policy to remove the signs which appear primarily on weekends. (Re No Deposit Bottles) Cm ~iiller stated that in the past the Council has commented on eliminating no deposit bottles and that there is a desire to get rid of this type of container to help eliminate litter. The matter was postponed because some type of legislative action was supposed to take place. The legislature, in the meantime, has done nothing. The state of Oregon has adopted an anti-litter, anti-disposable bottle state law that has been very effective in eliminating litter and is an energy conservation measure because the bottle can be reused at less cost than making a new bottle. He asked that the matter be set as an agenda item and discussed again. (Re Widening I-580) Cm Miller stated that Cm Turner has provided the Council with a letter he intends to send to General Benjamin Davis with res- pect to his views regarding widening of I-580. Cm Miller stated that Cm Turner is concerned with relief for the commuters and em Miller would suggest at this point that the way to accomplish relief would be to spend $3.5 million to build a truck lane on both sides of the hill - the major factor in the traffic problem. The argument that commuters are going to be relieved by the CAL- TRANS proposal is just not true and many of the commuters who are now hampered by the congested traffic situation will not even be CM-29-l48 December 16, 1974 (I - 58 0 ~\Tidening) ( I \ here by the time widening of the freeway has been completed. lIe stated that he would urge Cm Turner to request truck lanes and if he IJ'lould ask for this Cm ~1iller would be willing to support his request. Cm Turner stated that em Miller has implied that nothing will be done from 7-10 years and Cm Turner wants to see some type of immediate relief and it was explained that CAL-TRANS has esti- mated that the work could not be completed until 7-10 years. Cm Hiller stated that because he has said there will be no relief for 7-10 years does not mean that he is opposed to doing anything. What he is saying is that anyone who promises there will be relief immediately, if the project is started right away, is simply not telling the truth. There is not going to be immediate relief. (Invitation to First Meeting of CaVA) Cm Tirsell invited the Councilmembers and anyone who might be interes- ted in attending the first meeting of the Con9ress of Valley Agencies (CaVA) and suggested that a letter be drafted to the Planning Com- mission inviting them to the meeting which will be held on January 23, at the Shannon Community Center in Dublin at 5:30 p.m. Cm1J'v1UNICATION RE COUNTY HEALTH CARE SERVICES & MOBILE INTENSIVE CARE UNIT Alameda County has notified the Council of a meeting to be held on December 18th at 7:30 p.m. in the Fairmont Hospital auditorium, 15400 Foothill Boulevard, San Leandro, for discussion of establish- ing a county-wide mobile intensive care, paramedic service with the assistance of federal funds. ~1r. Parness explained that the County has received a $666,000 grant from the federal government which will allow establishment of the mobile service which will ultimately have a centralized emergency response and dispatch system. The program will allow implementation of a new highly trained type of paramedic which is considered to be needed and is a major undertaking this City has the option of joining or rejecting. The service will have a lot to offer but will be expensive; the cost could amount to something in the nature of $7 million per year. Cm Tirsell asked if consideration has been given towards combining this type of service with the 911 Emergency System and Mr. Parness indicated that there has been talk of doing this. CO~1UNICATION RE GEN. PLAN STUDY & SB 1543 C~: A copy of a letter sent to Donald Crawford of Grunwold, Crawford, Associates, was received from t1illiam E. Loewe with respect to concern that little progress is being made on the General Plan and that there has been slipping of preliminary plan schedules for enactment by the City Council on April 1st that would stave off a rush on tract maps. He felt that policies should be es- tablished as a result of input from the Citizens Committee and would hope that he misunderstands that there is a posibility funds may be spent to invistigate the implication of growth to a level of 163,000 in Livermore when the Citizens Committee has reported a ceiling of 80,000. CH-29-149 December 16, 1974 (re General Plan) em Miller stated that he feels the points mentioned by Mr. Loewe should be discussed with Mr. Crawford and it was noted that a meeting is scheduled for Thursday evening for the Planning Com- mission, Council and Mr. Crawford. r1r. Parness stated that it is his understanding that the Thursday meeting is more of a study session between the Planning Commission and the consultant through he is sure the Council is welcome and encouraged to attend; however, perhaps the Council would like to schedule a date upon which it would like to meet with the consul- tant. Mr. Musso commented that it was Mr. Crawford who asked that the Planning Commission and Council attend the Thursday meeting with him to discuss the General Plan, and Cm Tirsell suggested that r1r. Crawford be reminded that any such scheduling should take place through the City Manager because he is supposed to be the coordinator. I''lr. Loewe also voiced snpport of SB 1543 Air Pollution and Land Use Planning and that in discussing the bill with em Miller he finds that he is in full agreement with the views expressed by Cm Miller on this subject. REPORT RE PETITION ON UNFAIR TAXATION The City Attorney explained that a Memorandum of Law was written to the City Clerk with respect to whether or not the lIinitiative" submitted by Paul Tull should be certified to the City Council. He briefly explained that there are two possible considerations involved in the petition since the petition did not state whether or not it was a referendum or an initiative. If the petition is a referendum it would require a challenge within 30 days of the ordinance it challenges and in this instance there was no ordi- nance. Assuming an ordinance was being challenged the referendum vlTOuld be void because it was presented to the City Clerk '.!ell after the 30 day period. This does not foreclose a petition, and a petition can be assumed to be an initiative which also must follow certain areas of the law specifically set out in the Election Code. This particular petition was signed by parties on the day there was publication of the Notice of Intent and the law requires that there be a 21 day interim period before any signatures be affixed and, therefore, at the outset, it is in violation of that portion of the law. Also, when the petition was circulated it was to have affixed to it that item which was published in the newspaper - the facts setting forth what the initiative was for. In at least two areas the law was not follow- ed and the City Clerk has been instructed to return the petition to Mr. Tull and not certify it to the City Council. The Mayor asked if the City Clerk is certifying the petition to the City Council and she replied that she is not certifying the petition either as a referendum or an initiative. The City Attorney explained that the law requires the Council be informed when a petition is submitted to the City Clerk, within 10 days of its submittal and no action is required on the part of the City Council. Mr. Tull stated that a Mr. Riggs informed him that he could law- fully obtain signatures on the day the legal notice was published and that the City Clerk has 30 days to certify the petition. He then stated that the Constitution declares that government is CM-29-l50 December 16, 1974 (re Petition) ( \ '-. instituted for the protection, security, and benefit of the people and they have the right to alter or reform the same ,whenever public good may require it. He added that he proceeded with his petition on this basis. He then read other portions of the Consti- tution and the state law which he feels justifys his contention that the petition circulated was done so properly. He stated that with respect to the assessment for the railroad project, he knew exactly what he was doing and what had been published and that the notice covering this was delivered to the City Clerk on August 22, 1974. That was the evidence of the intent to pass and circulate the petition which he now exnects to have certified. Katie Richardson, 510 Junction Avenue, stated that she is present on behalf of Elba Leonard who has sent an open letter to the ~ayor, concerning the legality of the petition to vote on the relocation project, N'hich she read to the Council. REPORT RE GARBAGE- RUBBISH CONTRACT EXT. The City Manager reported that the current contract for the garbage- rubbish service with Oakland Scavenger Company will expire on Decem- ber 31, 1974. This will conclude the second six month contract ex- tension term. Oakland Scavenger has agreed to an additional exten- sion since the rate establishment proposal of the County Solid \~aste Technical Committee, of which our City is a member, has not yet com- pleted its work. Oakland Scavenger has agreed to the extension under the same terms and conditions as at present and for an indeter- minate term, pending the outcome of our rate review process. It is recommended that the City Council adopt a resolution approving the garbage-rubbish collection contract extension for an indefinite term under the same terms and conditions as present, with Oakland Scavenger Company. Cm r1iller wondered if it is reasonable to extend a contract for an undetermined length of time and whether or not it would be best to define a length of time. Mr. Parness stated that Oakland Scavenger Company suggested that the contract be indeterminate and that it may be reviewed at any time, at the option of the Council, and that this might be preferable, rather than fixing a date as has been done on two occasions. It was noted that either the Councilor Oakland Scavenger can review the status of the contract at any time under these circumstances. ~1r. Parness commented that if the Council is concerned about not specifying a time period, perhaps included in the motion to adopt the resolution could be the statement that the status of the rate review process be reported to the Council in four months. The City Attorney felt terms could be agreed upon for a mutual cancellation clause for both Oakland Scavenger and the City of Livermore with respect to the extension and that a letter sent back and forth and signed by both parties would be tanamount to a contract amendment. c\ Crt TURNERrmVED TO ADOPT A RESOLUTION AUTHORIZING EXTENSION OF THE CONTRACT \vITH THE SAME TEre~S AND CONDITIONS, AS AT PRESENT, FOR AN UNDETERrUNED PERIOD OF TIME AND THAT THE STATUS OF THE RATE REVIEt'l PROCESS MAY BE REVIEWED AT THE OPTION OF THE COUNCIL. THE~'lOTION WAS SECONDED BY CM TIRSELL. Cl'1-29-15l December 16, 1974 (Garbage Contract) Keith Fraser, attorney representing Oakland Scavenger Company, explained that Oakland Scavenger would like to assure the City and the Council that garbage service will be provided until the time the Rate Review Committee comes in with a recommendation and really does not want to have to appear before the Council every 30 days or 6 months. Oakland Scavenger Co. would agree to providing the service from now to the end of four years at the present rate. He indicated that Oakland Scavenger does not want to do this at the same rate and as soon as possible they will come back to the Council to discuss a different rate after the Committee has made a recommendation. Cm Hiller stated that, in other words, a statement to the effect that Oakland Scavenger would be willing to go along with an ex- tended period up to but not exceeding the end of the contract, or until such time as the Rate Committee comes back with a recommendation, and would protect both parties, and Mr. Fraser indicated that this would be acceptable. THIS WAS INCLUDED AS PART OF THE ~1OTION MADE BY CM TURNER WHICH PASSED UNANIMOUSLY. RESOLUTION NO. 197-74 A RESOLUTION APPROVING EXTENSION OF CONTRACT (Oakland Scavenger Co.) REPORT RE PRELIMINARY SUBDIVISION STAFF RE- VIEW (WAGONER FARMS) The City Hanager reported that Kay Building Company has obtained two parcels of property proposed for development in the Wagoner Farms area (47 lots) and the applicant wishes to have Council permission for the Planning staff to review the subdivision plans to determine if everything is in conformance with City requirements and to prepare an EIR on the subdivisions, which will be paid for by the applicant. The City Manager reported that this will be done on an informal basis and would suggest that the Council adopt a motion authorizing approval of the request by the applicant. Mayor Pritchard explained that if the Council takes action on this matter it will mean that rather than being done in- formally, as indicated by the City ~1anager, that it will be- come a formal matter. Mr. Parness explained that what he meant by informal was that there would be no submittal of the EIR for hearing by the Planning Commission or for review by that body or the Council - it would only be drafted for the information of the applicant. Cm Tirsell stated that she would like to see the Council deny the request on the basis that this land may be included in another moratorium or it may have a recommendation on it to raise or lower density; besides which, all properties that are not subject to the moratorium are under review by the General Plan process. Cm ~1iller added that the staff is already busy with work involved with the General Plan and special plan work that is involved with the moratorium and have enough to do without having to do extra work because of a special request. CM MILLER MOVED TO TABLE THE MATTER UNTIL THE MORATORIm1 ENDS, SECONDED BY CM TIRSELL AND PASSED UNANIMOUSLY. CM-29-l52 December 16, 1974 RE PROPOSED PARK LAND ACQUISITION - WALL & STANLEY BOULEVARD ~.1ayor Pritchard stated that LARPD has requested that the matter of the acquisition of property at Wall Street and Stanley Boulevard for park purposes be postponed until after the Council meets with LARPD at the January 22nd joint meeting. ON ]'.lOTION OF CH TURNER, SECONDED BY Ci'1 TIRSELL AND BY UNANIHOUS VOTE THE ~1ATTER WAS CONTINUED UNTIL AFTER JANUARY 22nd. r1ayor Pritchard commented that he spoke with the property owner who wishes to sell this property and indicated that the Council would probably continue the matter and the owner voiced no objection to that possibility. RECESS Mayor Pritchard called for a short recess after which the Council meeting resumed with all members of the Council present - (Cm Futch absent) . REPORT RE FEDERAL HOUS- ING & CO~ll1UNITY DEVELOP- MENT PROGRAH The City I1anager reported that a great deal of staff effort is being expended in seeking an understanding of the very complex new federal program (Federal Housing and Community Development Program). Data is being gathered and will be presented to the Council at the meeting of January 6th. It is necessary, however, to declare our intentions now as to participating with the County and the six other cities of less than 50,000 population so that our City may qualify for a federal apportionment. The only other alternative is to proceed alone to seek funding from the so called "discretionary funds" but this would require an extraordinarily comprehensive planning appli- cation. Then, too, discretionary funds, reportedly, will not be available for this federal region. Therefore, our only logical alternative is to join in a consortium with the County which must enlist the agreement of other incorporated areas of less than 50,000 population so as to achieve an aggregate population number of 200,000 in order to qualify as an "Urban County" grant applicant. It is recommended that the Council adopt a resolution which declares that our City, in the required language of the federal directive, "forms a cooperative agreement 11 . !1r. Parness stated that he regrets that more information is not available to the Council before this initial step is taken; however, this is noncommital and nothing more than a declaration of intent. ( em Tirsell asked if there would be some type of discussion at the January 6th meeting, as to how monies will be appropriated back to the cities that join, and Mr. Parness replied yes, the formula has been prepared and the staff has reviewed the formula with a great deal of debate among the staff and the County and the formula that will be recommended for acceptance by the Council T;Jill be the sane formula as that v.rhich the federal government uses in allocating the monies to qualifiable cities and governmental agencies. He added that the formula is based upon poverty and housing status. CT"l TIRSELL 110VED TO ADOPT A RESOLUTION DECLARING THE COUNCIL'S INTENT, SECONDED BY en TURnER A:m PASSED UNANPlOUSLY. RESOLUTIO~ NO. 198-74 A RESOLUTION OF INTENTION TO EXECUTE A JOINT AGREE~ENT BETWEEN THE CITY OF LIVER'mRE AND THE COUNTY OF ALNlED2\ REGARDING HOUSING l'.,.ND cmrr.1UNITY DEVELOPi1ENT ACT OF 1974. C!v1- 2 9 -15 3 December 16, 1974 REPORT RE CO~t~UNITY DEVELOPHENT DEPARTMENT The City Manager reported that in mid September when the matter of the Community Development Department was discussed it was de- ferred until this time so that additional data pertaining to the status of our reserve funds could be obtained. A report concern- ing the status of the reserve funds has been submitted to the Council. The Council concluded that the matter would be discussed at the meeting of January 13, 1975 at which time Cm Futch may be in attendance. REPORT RE CONTRACT EXTENSION FOR E. STANLEY BOULEVARD The City Manager reported that work was to have proceeded during the current fiscal year on the widening of E. Stanley Blvd. from Isabel Avenue, easterly, to Murdell Lane. Due to interference of other projects this work will not be accomplished and the contract extends the time for approximately one year. It is recommended that the Council adopt a resolution authorizing execution of the modification. Mayor Pritchard asked if this is a simple extension of the old contract and Mr. Parness indicated that it is. ON MOTION OF CM MILLER, SECONDED BY CM TIRSELL AND BY UNANIMOUS VOTE THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WAS ADOPTED. RESOLUTION NO. 199-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (With Alameda County - E. Stanley Blvd.) REPORT RE WATER RECLAJ~TION PLANT CHANGE ORDER NO. 2 (Filter ~.'iedia) Mayor Pritchard explained that the City Council had asked to receive additional material with respect to the requested approval of Change Order No. 2 for the filter media for the water reclamation plant as there was some question as to why the state and EPA are not going to share in the cost re- quired to update the system if EPA is going to require the new standards. Cm Miller indicated that there is nothing in the agenda to add to what prior information the Council received on the matter. Mr. Lee indicated that the new specification that has been pre- pared is considered to be good and has come from a study that the EPA has done. Apparently this carne out after our consul- tant prepared the specifications and Mr. Lee feels that even though EPA has rejected our request that they participate, financially, they will not fail to help pay the cost, in the final analysis, because we will be changing to meet the EFA's recommendation. em Turner stated that the EPA has indicated the new system is not necessary at present but eventually it will have to be installed. It was also pointed out that the modification would result in a better, more functional, system and based on this information perhaps it would best to approve the change at this point rather than to necessitate change in the future. crI-- 2 9 -15 4 December 16, 1974 CM TURNER MOVED THAT THE COUNCIL APPROVE CHANGE ORDER NO.2, SECONDED BY CM TIRSELL WHICH PASSED 3-1 (Cm Miller dissenting). RESOLUTION NO. 200-74 (,-- \ A RESOLUTION APPROVING CHANGE ORDER (Water Reclamation Plan~ Stage 3 Improvements) REPORT RE GRADE SEP ARA- TION PROJECT & WATER REC. PLANT STATUS A written, weekly progress, report was submitted to the City Council by Mr. Lee with respect to Railroad Consolidation Project and the Water Reclamation Plant. Also included was a report as to the property relocation program related to the track relocation project. Mr. Parness reported that as a good public relations gesture the City will be distributing, to all the property owners directly affected by the project, a status report of where we are and what is happening with the progress of the work with respect to the Christmas holidays and traffic regulation, etc. and the Council concurred that this was an excellent idea. No action was required of the Council on this matter. P. C. REPORT RE WALL STREET LIGHTING PETITION The Planning Commission reported that in considering the petition for additional lighting on Wall Street it was felt that the issues pre- sented were not Planning matters but that design of the area might be considered to be a Planning concern. The Planning Commission noted that lighting of Wall Street may be sufficient for normal residential streets but may not be suitable in an area where there is a large amount of bicycle and pedestrian traffic and by unanimous vote recommends that the Council consider increasing the street light- ing along Wall Street so as to help reduce the amount of crime and other problems noted by the residents of the area. em Tirsell mentioned that the Police Department will be meeting with the residents in the near future to help decide what might be done in the way of solutions to the problems. P. C. REPORT RE PU #12 A report was submitted by the Planning Commission with respect to discussion regarding Planning Unit t12 (Portola Hills area) and the proposed changes in density and land use. A public hearing has been scheduled for January 14, 1975 and presumed that the General Plan amendment would be before the City Council on January 20, 1975, so that a hearing could be set in February 1975. I~ REPORT FROM CM TURNER RE BIKE LICENSING Cm Turner submitted a written report to the City Council with respect to bicycle licensing which indicated that the percentage of unlicensed bicycles stolen is 55.3%, that 49% of the bicycles in the City are not licensed, and that 15% of the bikes stolen are recovered. His recommendation was that the City attempt to license all bikes by methods suggested in the report and that the matter be referred CM-29-l55 ~-"...'._., .-------...,'..--'..-'-----.-.....-----..-.,."..,-----.._......-.~....."-.~,.,.._-",-_._."-----_.,._.~"_._. December 16, 1974 (Bike Licensing) to the City Manager for review and comment and that the City Manager consider an increase in the bicycle license fee, in keeping with inflation, with implementation of this effort to begin no later than January 15, 1975. The Council concurred that the recommendations were good and noted that it has been suggested the matter be referred to the staff. Cm Tirsell suggested that the letter be sent to Mr. Croce and she would strongly recommend that students be required to lock the bikes with a chain to the bike stands because if they are locked they are not stolen. CM TURNER MOVED THAT THE MATTER BE REFERRED TO THE STAFF AND THE LETTER SENT TO MR. CROCE, SUPERINTENDENT OF SCHOOLS, AS SUGGESTED BY CM TIRSELL, SECONDED BY CM TURNER AND PASSED BY UNANIMOUS VOTE. ORD. REZONING PROPERTIES TO I-I DISTRICT (Airport Area) ON MOTION OF CM MILLER, SECONDED BY CM TURNER AND BY UNANIMOUS VOTE, THE ORDINANCE AMENDING THE ZONING ORDINANCE TO REZONE PROPERTIES TO I-I DISTRICT (Airport Area) WAS ADOPTED. ORDINANCE NO. 855 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMEND- ING SECTION 3.00 THEREOF RELATING TO ZONING. STATUS REPORT RE VARIOUS PROJECTS The City Manager reported that as the Corporation Board of Directors the Council should be informed of the status of various matters and intends to submit weekly reports. At this time he presented a lengthy report relative to the status of the following items: Public Works: 1. Water Reclamation Plant project 2. Reservoir project in Conjunction with Water Reclamation Plant Project Golf Course: New Watering Schedule (possible through the Reservoir project) Airport: Airport Land Use Study and Airport Study College Site: Utility Lines Engineering: 1. East Avenue project (City & County) (a) sewers (b) water lines (c) traffic signals 2. First Street-North Livermore Avenue project 3. ilK" Street Beautification 4. Bike Path Designs CM-29-l56 December 16, 1974 (Status Report) Transportation: Interviews for Consultant to do Transportation Study to take place on Wednesday, December 18th. Cm Miller stated that this matter of public transportation has been a concern and something we have been working on for a long time and asked exactly how long it would be before Livermore would have public transportation, provided there are good results from the study, and Mr. Parness indicated that a report should be available within six months and following the report it is a matter of what the results of the study might be and realizes that it will involve financing as the major issue. It will have to be determined as to how funds may be obtained and if the public feels they are willing to try to raise the money. General Plan: 1. Noise Element - Under Preparation by Committee 2. Scenic Highway Element (with Alameda County) 3. Zoning Ordinance re General Plan 4. Subdivision Ordinance 5. Specific Plans - #8 & #9 Ready for Action by Council #12 will be before the Council in February #11 set for hearing by P.D. in January #18 out of the P.C. in January #3 pending #13 pending Downtown Plan: Recommendations to come from Study Committee on Suggested Design Police Dept: 1. "Cop on Campus" Program 2. Bike Safety - Citation Forms & Policy (a) new state licensing program (b) fees 3. Criminal Justice Planning Agency Grant for Microfilming Received 4. STEP Program Progressing Very Well (a) arrests for burglary (b) recently appraised - good report 5. HORIZONS - Glowing Reports from Appraisal Finance: Computer input initiated for all financial records and possible program budgeting. Fire Dept: 1. Fire Stations (a) status of design for #1 (b) problem obtaining property for #4 (c) company inspections being done REPORT RE USE OF COUNTY SHERIFF'S RIFLE RANGE Mr. Parness stated that he would like to report that the Police Department has worked out an agreement with Alameda County for use of the rifle range at Santa Rita. Chief Lindgren has requested that the agreement be formally authorized by the City Council and it would be appreciated if such action would take place this evening so that they may begin using the range right after the first of the year. Mr. Parness reported that the agreement states only that the Livermore Police Department will be allowed to use the Sheriff's sub-station CM-29-l57 December 16, 1974 (re Use of Rifle Range) pistol range at the convenience of Alameda County and that all the County rules and regulations will be observed while in use by the Livermore police officers, under the direction of the range director afforded by the Sheriff. Mr. Parness recommended that the agreement be approved, at no cost to the City of Livermore. ON MOTION OF CM TURNER, SECONDED BY CM MILLER AND BY UNANIMOUS VOTE THE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY FOR USE OF THE RIFLE RANGE WAS ADOPTED. RESOLUTION NO. 201-74 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT COMMUNITY SERVICES COMMITTEE em Turner stated that with respect to the Community Services Committee he would like to suggest that anyone interested in serving on the Committee be allowed to serve by contacting the City. The Committee will be formulated to write a proposal. RUMORS RE MAYOR - CHRISTMAS Mayor Pritchard stated that rumors have been circulating to the effect that the Mayor is against Christmas and that he might not even be a Christian. He assured everyone that he is not against Christmas decorations downtown but feels public funds should not be spent for this purpose. He stated that he is a Christian and would like to wish the citizens and staff a very merry Christmas and happy new year. ADJOURNMENT The meeting adjourned at 11:45 p.m. to a brief executive session and then to a public meeting, Thursday, December 19th. APPROVE ~~~ , ATTEST at ~ C1ty C er Livermore, California CM-29-l58