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HomeMy Public PortalAboutCC MINS 1971 December 21, 1970 (Continuance of Public Hearing) Mayor Silva stated he would be absent at the January 4th meeting and requested that the public hearing set for that date be continued in order that he might be present during discussion. * * * (Density Transfer) Fred DeMoney of Sunset East Homeowners' Association inquired if and when the matter of the request for density transfer by Masud Mehran would come before the Council. The City Attorney stated that he felt it was necessary for this matter to come before the Council and had so ruled although an ap- peal has not been filed at this time. The Planning Director explained that if an appeal is made, the Coun- cil would have the option of hearing the matter, setting it for a public hearing or rejecting the appeal. Without an appeal, it will require a hearing which will probably be set for some time in January. Mayor Silva explained that the matter will probably appear on the agenda of the next meeting with the recommendation that it be set for a hearing at a future meeting. Mr. Musso pointed out that at this time the Council has no knowledge of the matter other than what they have read in the paper as the Planning Commission minutes have not been prepared. * * * ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 10:05 p.m. to an executive session to discuss personnel problems. * * * APPROVE Mayor ~ ATTEST _--i~~ City Clerk Inore, California * * * Regular Meeting of January 4, 1971 A regular meeting of the City Council was held on January 4, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor pro tempore Miller presiding. * * ROLL CALL PRESENT: ABSENT: Councilmen Beebe, Taylor and Miller Mayor Silva (on vacation) Councilman Pritchard excused because of illness in his family. * * * MINUTES APPROVAL The minutes of the meeting of December 21, 1970, were approved as submitted on motion of Councilman Taylor, seconded by Councilman Miller, by unanimous vote. * * * CM-23-350 January 4, 1971 Mayor pro tempore Miller invited any member of the audience to address the Council on any sub- ject not on the agenda, but no comments were voiced. OPEN FORUM * * * A rezoning application requested a change from RG-16 (Suburban Multiple Residential) to ID (Industrial Development and Administration) District on a site located on the southwest side of Portola Avenue, 800 feet northwesterly of its intersection with Murrieta Boulevard, submitted by Harry A. Mosure, applicant for Black, Hansen and Smallcomb. PUBLIC HEARING RE REZONING (SW Side Portola Ave.-Black, Hansen & Smallcomb) Planning Director George Musso explained that this property is ad- jacent to the Sun Valley Mobile Estates and was zoned for higher density residential use. Subsequently, this area has been con- sidered for commercial use, in particular, automobile oriented activities. The staff is presently working on a proposal for a new zoning designation for this type of use and it will be pre- sented for study shortly; in the meantime ID zoning with Condi- tional Use Permits has been used. The Planning Commission's recommendation is for ID District as indicated in the application. Councilman Beebe noted that adjacent property as well as property across the street is already developed in similar uses and the re- quest would be compatible. Mayor pro tempore Miller opened the public hearing. Dan Spruiell, Red Carpet Realty, stated that development as re- quested would be an improvement over present use. After a change in zoning, the applicant would have to request a CUP with site plan approval. As there was no further testimony, a motion was made by Councilman Taylor, seconded by Councilman Beebe, to close the public hearing; the motion was approved unanimously. Councilman Taylor felt the proposed use was a very good use for the area; otherwise there would be about 35 units of apartments, rather isolated, with access to a busy street. He made a motion to approve the Planning Commission's recommendation for rezoni.ng of the property to ID District; the motion was seconded by Coun- cilman Beebe. Mayor pro tempore Miller disagreed with the change in zoning. This area has been proposed by the City for ten to twelve years as a non-commercial entrance to the City from U.S. 580. He felt what has happened to the area on Portola Avenue is an example of slow destruction of a City entrance by repeated commercial approvals over the past years which encourage approvals by the County for more gas stations, etc. He felt this property should be used for apartments as formerly planned. Councilman Taylor reviewed past Council action regarding zoning of the whole area and stated that the property under consideration was zoned residential as there were no other prospects. The pro- posed use generally would not be located downtown but was typi- cally located near mobilehome parks. Therefore, he felt the proposed use was better than apartments. Mayor pro tempore Miller stated that commercial has been approved on the north side of Portola Avenue, but he did not wish to see commercial uses extended on the south side; each approval made it harder to turn down the next one and there seemed to be no stopping place. CM-23-351 January 4, 1971 (PUblic Hearing - Black, Hansen & Smallcomb) The City Attorney advised that a rezoning change could not be made on a 2-1 vote for approval. Therefore, Councilman Taylor made a motion to table the motion approving the rezoning until January 11; seconded by Councilman Beebe, and it was approved unanimously. * * * The public hearing regarding proposed zoning change for the area bounded by North L street, westerly to North S Street, between Park Street and the Western Pacific Railroad right-of-way was continued from the meeting of December 14 to this date; however, Mayor- Silva had requested that this matter be continued until January 11 due to his absence at this meeting. All interested parties were notified of the Council's intention to continue this matter, and no comments were made regarding such continuance. A motion was made by Council- man Beebe, seconded by Councilman Taylor, that this public hearing be continued until January 11, and the motion was approved unani- mously. CONTINUED PUBLIC HEARING RE ZONING CHANGE (No. L to No. S st. between Park and RR) Reschedule Public Hearing re Rezoning (Howard Johnson) Denial of Claim * * * CONSENT CALENDAR A request has been made by Keith Fraser, represent- ing Howard Johnson in a rezoning application, to reschedule the public hearing from January 18 to a date in February. The Council set the hearing for the 8th of February. * * * A claim has been presented to the City alleging that Thomas A. Fredericks was a City employee and request- ing permission to file a late claim for damages. The City Attorney recommends that the City Council, by motion, deny leave to file the late claim as Mr. Fredericks, now deceased, was never an employee of the City of Livermore. Report re Duplicating Equipment Change * * * A report by the City Manager states that a great deal of staff investigation has been made regarding a change in the duplicating equipment used by the City. It is recommended that the present A.B. Dick offset press be replaced with an A.B. Dick 9000 sys- tem consisting of a semi-automated offset press with a multi-copier and offset master paper converter which automatically processes paper masters for running on the offset press. Due to the speed of this new equipment it is possible to replace the pre- sent Xerox 3600 copier with a Xerox 2400 with a reduction in monthly rental from $750 to $400. Analysis indicates that present repro- duction expense of $925 per month will remain about the same, but would provide a multi-copier unit for the Police Department and increase production and be more efficient. CM-23-352 RESOLUTIOW:NO. 1-71 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Equilease Corporation) * * * Mr. John Kerekes who had been appointed to the Airport Advisory Committee has informed the City Manager that he will be unable to accept the appointment, therefore, Mr. Noel Shirley has been selected. RESOLUTION NO. 2-71 January 4, 1971 Appointment to Airport Committee APPOINTMENT OF MEMBER TO THE AIRPORT ADVISORY COMMITTEE (Noel Shirley) * * * One hundred fifty-eight claims in the amount of Payroll and Claims $46,674.57 and two hundred twenty-two warrants in the amount of $77,515.78 dated December 30, 1970, were ordered paid as approved by the Finance Director. * * * A motion was made by Councilman Beebe, seconded Approval of Consent by Councilman Taylor, to approve the Consent Cal- Calendar endar and passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor and Miller None Councilman Pritchard and Mayor Silva * * * A financial statement has been made by the Cul- REPORT RE CAC 1970 tural Arts Committee regarding its 1970 Festival FESTIVAL OF ARTS of Arts. Mrs. Muriel Doggett, representing the CAC, presented a check in the amount of $336.46 which is the unused balance of the City's allocation. Mayor pro tempore Miller expressed the Council's appreciation to the Committee for its work and handling of the Festival. * * * An appeal has been submitted by State Savings and Loan Association regarding denial of re- quest for variance to allow an increase of area for a freestanding directional sign. APPEAL RE DENIAL OF VARIANCE RE FREE STANDING SIGN (State Sav. & Loan) The Planning Director stated the sign is for directional purposes for the drive-in window. The original application requested an increase in height and reduction of setback; however, the applicant is now appealing only the square foot area restriction. The ordi- nance allows a 3 sq. ft. freestanding directional sign of this type; the applicant proposes a 6t sq. ft. area sign. The Planning Com- mission denied the application. David Madis, attorney representing the applicant, requested that this matter be continued for two weeks in order that he might fur- ther study the application in regard to visibility, parking and traffic safety. The Council agreed to continuance of this item until January 25. * * * The Planning Director pointed out that this re- quest was approved as a variance by the Planning Commission mainly at his request to expedite the matter. The approval of the Variance was, in APPEAL RE VARIANCE IN SETBACK (Val Peterson) CM-23-353 January 4, 1971 (Appeal re Variance- Peterson) effect, approval of the use. The intent of the Planning Commission was to find that the pillars supporting the overhang of the building were an allowable projection as an architectural feature. This item was appealed at the request of Councilman Miller as he did not understand the circumstances of the Variance. After study of this matter he felt that pillars supporting a structure have not heretofore been allowed by the City in the setback area; secondly, the property can be developed and the remodeling com- pleted within the terms of the ordinance and he did not think this variance should be approved. Val Peterson, the applicant, stated that they had tried to find a design aesthetically suited for the corner and had been informed by some of the Planning Commission that if the design was for an architectural feature and not part of the structure it would be allowed. This matter was approved by the Planning Commission with- out any dissenting votes and he had gone ahead with the plans. A good deal of money had been spent on architectural design; however the posts could be eliminated, leaving the overhang. Mayor pro tempore Miller pointed out that posts or pillars such as those proposed had not been allowed in the setback area and to do so would be changing the ordinance. Councilman Beebe felt the pillars added to the appearance of the building. Councilman Taylor felt the intention of the ordinance was to prohibit construction of permanent structure in the setback area. It is difficult to make an old house look like a new one, and changing the design by removing the pillars would detract from the remodeling. Councilman Taylor made a motion, seconded by Councilman Beebe, to support the Planning Commission's decision. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe and Taylor Councilman Miller Councilman Pritchard and Mayor Silva Councilman Beebe said he thought similar architectural features, such as the overhang and pillars, might be a good thing and would add character to the buildings. He mentioned that the staff was making a study on Fire Zone I to allow some overhang. Mr. Street, Chief Building Inspector, stated his study concerned overhang on public property; at present only non-combustible mater- ials can be used within this area. A complete report will be forthcoming soon. * * * AMENDMENT PUD NO. 22 (Jupiter Const. Co., Withdrawal) A request for amendment of Planned Unit Development No. 22 has been made by Jupiter Construction Co. involving density transfer and increase in tandem dwellings, and a public hearing is to be set. Mr. Masud Mehran of Sunset Development Company stated that his views and those of adjacent residents have been expressed at the hearing before the Planning Commission and he did not feel there were any additional comments to be made. If the Council agreed with the Planning Commission's denial of the amendment, he did not think that a hearing was necessary. Mayor pro tempore Miller stated that since the Council had not had the opportunity to study all the material involved or to hear all the testimony he did not feel they could make a decision at this CM-23-354 January 4, 1971 point. The decision was Mr. Mehran's as to whether he wanted to go ahead with the hearing. Councilman Taylor agreed as he was not familiar with all the facts. (PUD No. 22 Jupiter Constr.) The City Attorney pointed out that the Zoning Ordinance requires a hearing unless the applicant withdraws the application. Mr. Mehran could choose to stipulate that the minutes of testimony and informa- tion given at the Planning Commission's hearing be submitted, after his review, as his testimony at the hearing before the Council. Then the Council could open the public hearing on this basis and decide whether to continue the public hearing with further testimony or to uphold the decision of the Planning Commission for denial of the application. Denial of the application would preclude the necessity for a lengthy public hearing. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to set a public hearing on the amendment to PUD No. 22 for January 25; motion was approved unanimously. Mr. Mehran said that at the Planning Commission hearing it was implied that the most suitable area for tandem dwellings would be adjacent to the corner of Arroyo Road and Concannon Blvd. Other alternate proposals discussed at that time were mentioned briefly. Mr. Mehran pointed out that many of the residents in the area had said they were not against the building of the tandem dwellings but wanted them built at another location, not adjacent to their homes or those units already built. Everett Martin, Chairman of the Sunset East Homeowners Association, stated that basically there are a number of units of this type already built and to increase this number would overburden one area. Mr. Mehran stated at this time that he wished to withdraw his request for amendment of PUD No. 22 and there would be no need for the public hearing. His company would prepare a new tentative map for the balance of the area within PUD No. 22 and would pre- sent it to the staff through regular processing channels. This action was acceptable to the Council. Councilman Beebe told Mr. Mehran he thought his approach was quite admirable. * * * A request for an extension of Tentative Map of Tract 3073 has been made by Jupiter Construc- tion, Inc. In this connection Mr. Mehran stat- ed that an extension has in the past been for a period of twelve months. There are advantages to having the termination of tentative maps coin- cide with termination of the PUD; however, in this particular case he asked that the Council consider the one year extension rather than the six months. The tentative map of Tract 3073 expired on December 2, 1970, and extension of the map was agreeable to the Planning Commission but it was extended only for six months. He requested a twelve month extension. EXTENSION OF TENTATIVE MAP TRACT 3073 (Jupiter Constr.) Mayor pro tempore Miller explained the reasons for having the terms of the PUD and tentative map expire at the same time and why this policy has been adopted. There is another issue involved; the tentative map has expired and there are new conditions on park dedication which apply. He said his understanding is that Mr. Mehran is agreeable to providing the new dedication requirements but is concerned about the location of the required parkland. Mr. Mehran replied that a new tentative plan for the balance of PUD No. 22 has not yet been designed so he could not say how it would be presented. Mr. Mehran stated he was specifically addressing CM-23-355 January 4, 1971 (Extension Tentative Map Tract 3073) himself to the extension of Tentative Map of Tract 3073 for a normal period of twelve months rather than the six months adopted by the Planning Commis- sion. Mr. Musso explained that if a six month extension is made now, then at the end of that time the map could be renewed for a period of eighteen months which would coincide with the expiration date of the PUD, which is December 2, 1972. Mayor pro tempore Miller pointed out that at this time the Council only has the option of extending the tentative map for a period of approximately six months; then Mr. Mehran can present another ten- tative map which will, by law, be valid for eighteen months. Councilman Taylor said that in the past few developers have been able to complete everything within the eighteen months plus six months - it usually takes more time which generally has been granted by the Council. He asked the City Attorney if there is any problem in doing this one way or the other. City Attorney John Lewis said that the developer does not have to come in immediately; if a month or two lapsed before submitting a new tentative, rather than an extension, there would not be a pro- blem with time. state law provides that within a period of eighteen months as prescribed by ordinance.after approval or conditional ap- proval of the tentative map the subdivider may come in with a final map. Councilman Taylor said the question is whether the City will be put into a disadvantageous position if the PUD expires before the tenta- tive map. Mayor pro tempore Miller discussed various possibilities relative to the tentative map of Tract 3073. The PUD will expire in two years; the proposal now is for an extension of six months and an 18-month renewal at the end of that time. The present tentative map has expired and now is the time to ask for a new tentative map to run for eighteen months to begin within the next few months. Any difficulty in expiration dates could be avoided. Mr. Musso stated that Mr. Mehran had submitted a request for exten- sion of the tentative map before the expiration date but due to meeting scheduling it could not be put on the agenda. Mayor pro tempore Miller stated the matter was before the Council as an exten- sion, and the Council could either grant the extension or deny it. Mr. Mehran is considering alternates in design, and he could bring back a new tentative. Mr. Mehran said that as he understood the Council, his company will introduce a new tentative for the balance of PUD No. 22, and upon its approval by the Council it will be effective for a period of eighteen months and this would be agreeable. The City Attorney pointed out that in the event of the filing of a new map it would be subject to the new subdivision provisions. Mr. Mehran said this was not the issue; when the new map is presented, if the Council does not like it they will have the opportunity to so state. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to deny the extension with the concurrence of the applicant, and passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor and Miller None Councilman Pritchard and Mayor Silva. * * * CM-23-356 January 4, 1971 A report was submitted by the Planning Commis- REPORT RE sion regarding the current status of Planningj. ~OBILE HOME. PAR.KS activities relative to mobile home parks. ~fl.<J'~~ l~t(.m<-:-~uJ<. - t iP-.4(l d;'/Lf0l '?AX'- f'-<f/t-,I. tJX- -<--, Mayor pro tempore Miller said this was a very com~lcated issuet~~/ he was pleased to have this report and no action was required b~~2~J the Council. (f * * * The City Manager stated that the matter regard- ing the settlement for a benefit district forma- tion and costs for a water line extension to serve a research park industrial area is a very complicated one. He explained that there have been new disclosures since the preparation of the agenda regarding easements in this area and the validity of these easements. A meeting on this date with the principals and their legal represent- ative was held, and they are trying to resolve the matter. With the concurrence of the parties involved, he requested the matter be continued for one week for further study. The Council concurred in this request for continuance. * * * An application has been received for the annexa- tion of thirty-two acres of property located near Vasco Road and East Avenue situated on the northerly corner. The property is bounded on the south by the Arroyo Seco; the remaining par- cel to East Avenue of about three acres is in a separate ownership. REPORT RE BENEFIT DISTRICT RESEARCH PARK INDUSTRIAL AREA REPORT RE ANNEXATION APPLICATION (Vasco Rc and East Avenue) The City Manager pointed out the property on the map for the infor- mation of the Council and suggested that before the Council accepted the petition for annexation that the balance of the property extend- ing south of Arroyo Seco down East Avenue be included in the appli- cation. He stated he understood that the owner of this property is not opposed to such inclusion. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to authorize acceptance of this annexation petition and the three additional acres for transmittal to the Local Agency Formation Commission and City Planning Commission; the motion was approved unanimously. * * * ORDINANCE NO. 733 AN ORDINANCE AMENDING SECTION 2.3.1, RELATING TO OFFICIAL CITY HOLIDAYS, OF ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 2 RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE MUNICIPAL CODE AMENDMENT RE DATES OF HOLIDAYS On motion of Councilman Beebe, seconded by Councilman Taylor, the second reading of the above ordinance was waived and by the follow- ing vote the ordinance was passed. AYES: NOES: ABSENT: Councilmen Beebe, Taylor and Miller None Councilman Pritchard and Mayor Silva * * * The City Attorney advised that the City Attorney of Walnut Creek had telephoned and informed him that the Supreme Court will hear the park dedi- cation case on February 2 at 9:30 a.m., in the MATTERS INITIATED BY STAFF (Park Dedication Case) CM-23-357 January 4, 1971 (Park Dedica- tion Case) CONTINUANCE HEARING - Rezoning - Tompkins MATTERS INITIATED BY COUNCIL (Lottery o:l Sweepstakes) Supreme Court hearing chambers. He stated he has also received notice from the National Institute of Municipal Law Officers that no information is yet available as to when any decision will be made re- garding "two-thirds rule" or the San Francisco school bond case. * * * RE The City Clerk advised that a hearing had been continued on a rezoning application by Josephine Tompkins for property on Hillcrest and East Avenues until next week, January 11. Mr. Critchfield, attorney for the applicant, had requested that this matter be continued until February 1. There was no objection to such continuance. * * * Councilman Beebe stated he was absent at a previous Council meeting when a citizen had recommended that the City adopt a lottery or sweepstakes. He said that even if such action would be legal he would want the matter to be voted upon by the citizens of Livermore. * * * Growth Issue Councilman Beebe said that he also wished to comment upon a previous discussion regarding problems of growth in Livermore. He felt that they must keep in mind that there are some 3,000 families in Livermore who in some manner owe their livelihood to new construction in the community. The effect on residents of stopping growth would have to be considered in any discussion of this matter. In regard to local problems, it is the job of the citizens to see that bond issues are passed to alleviate the school situation. The smog problem cannot be solved locally; water shortage would present another situation, one which would call for immediate consideration. 'Mayor Pro tempore Miller said he had heard statements that the con- struction labor force and materials come from outside the City. He felt that Mr. Baker's request was to discuss the issue and the evi- dence. Councilman Beebe pointed out that stopping growth would practically nullify attracting industry to the community or commercial ventures such as large stores. Councilman Taylor expressed his feeling that it is fruitless to discuss stopping growth without a definite proposal before them. During discussion of the growth rate, it was pointed out that there has been about a 7% increase and so far Livermore has not been affected by the economic slowdown of the surrounding areas. Councilman Taylor stated that many communities are examining their recent unplanned growth and its problems. Mayor pro tempore Miller said that some cities, such as San Jose, feel that their growth has not benefited the original residents, but people from outside the city. Electronic Data Processing CM-23-358 * * * Mayor pro tempore Miller inquired as to the status of the electronic data processing. The Finance Di- rector, Mr. Kennedy, said he hoped to have a report January 4, 1971 in about three weeks recommending that the pro- (Data Processing) posal from Optimum Systems, Inc. be accepted for the first stage of a planned program bud- geting system for payroll and personnel program. There was a considerable delay due to organizational problems of the company and with the City of Sunnyvale, which they had hoped to work with. It will take about three years to put the entire program into effect. * * * There being no ~her business to come before ADJOURNMENT the Council the meeting was adjourned at 10: 00 p.m. APPROVE * ATTEST * * * Regular Meeting of January 11, 1971 A regular meeting of the City Council was held on January 11, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Silva presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * The minutes of the meeting of January 4, 1971, were approved as amended on motion of Council- man Beebe, seconded by Councilman Miller; the motion passed by the following vote: MINUTES APPROVAL AYES: NOES: ABSTAIN: Councilmen Beebe, Taylor and Miller None Councilman Pritchard and Mayor Silva due to absence at the meeting of January 4, 1971 * * * Mr. Walter J. Pender, 135 El Caminito, stated he OPEN FORUM had appeared before the Council a few weeks ago (Sweepstakes) in connection with the suggestion that a sweep- stakes be instituted as a form of tax relief. He referred to the reply to the City's inquiry to the League of California Cities from Richard Carpenter, Executive Director and General Counsel of the League. Mr. Carpenter pointed out pa~action regarding authorization of lotteries or sweepstakes has failed to gain approval and stated he did not feel this was the answer to the revenue problems. He suggested that if the CM-23-359 January 11, 1971 (Sweepstakes) Council wish to follow through with this proposal that they present it to the League's Revenue and Taxation Committee or the Board. Mr. Pender felt that present high tax demands, high unemployment and other facts should be pointed out to Mr. Carpenter. He did not feel the City of Livermore needed to go to the League of Calif- ornia Cities, but should go to the State Legislature with a reso- lution requesting that a Livermore sweepstakes be legalized. He presented a draft of such a resolution. Mayor Silva requested that the draft be given to the staff for inclusion on next week's agenda and Council discussion at that time. * * * (Ban on Sale Jack Phillips, 551 North P Street referred to dis- of non-return-cussion regarding a ban on the sale of non-return- able Bottles able bottles. The public should be educated in this and Sign regard; it is cheaper to buy returnable bottles. Ordinance) Mr. Phillips also mentioned the sign ordinance which has been under study for some months, and stated that no action has been taken regarding the illegal sign in his yard. He thought the Council should see that the ordinance is enforced or some action taken regarding the ordinance. * * * (Growth Issue) Don Watson, 987 Via Seville, referred to the City Council an article from the Oakland newspaper re- garding Santa Clara County's growth over the past twenty years. Santa Clara County is examining its growth and how best to control future growth and planning. * * * The Planning Director stated that the issue is an ordinance adopted in 1960 which prohibits the parking of trailers, mobile homes, etc. in any required side or front yard. In 1965 the Council reviewed this ordinance and decided to enforce the ordinance only upon complaint. In the past year the number of complaints has been so great that enforcement is almost impossible. The Plan- ning Commission first proposed that the ordinance be enforced; the Council decided that a full public hearing should be held and to explore the possibility of amendment of the ordi- nance. The Planning Commission held a public hearing in November, which was attended by about one hundred people who were for the most part in opposition to the ordinance; therefore, the Commis- sion is now recommending a modification of this ordinance. Several alternatives have been discussed in the past. The storage of trailers is allowed in rear yards and garages; in the past stor- age was prohibited in side yards since the Fire Chief indicated such storage could represent a fire hazard; the front yard storage has been prohibited and a modification has been proposed of regu- lation allowing certain types of trailers according to size in the front yards, but this was discarded. The Commission finally made the recommendation that a modification of the ordinance be made for those yards not sufficient to allow storage in rear yards. For example, if there are two 5-foot side yards the ordinance would allow parking in the front yard. If there is one 10-foot side yard, parking can be in the side or rear yard. The modification would allow an additional five feet of the front yard for storage, but not the required front yard. PUBLIC HEARING RE ZO, Sec. 21.00 re PARKING & STORAGE OF TRAILERS CM-23-360 January 11, 1971 Councilman Taylor asked the Planning Director to (Public Hearing re explain the Commission's recommendation if the Trailer storage) side yard is too small. Mr. Musso said that if it is not possible to park the trailer in either of the side yards, it can be parked anywhere in the front yard. If it is possible to park in the side yard, another five feet is allowed. Councilman Pritchard questioned whether or not the trailer is any less unattractive in the side yard with the five foot pro- jection than in the front yard. Mr. Musso said that most com- plaints are based on appearance of trailers permanently stored and visibility. Councilman Taylor asked how many complaints were received in the past. Mr. Musso said the complaints averaged about eight or nine per month. The ordinance in the past applied to only those ve- hicles not self-propelled, nor does the present proposal cover any self-propelled vehicle. Camper bodies would be treated the same as trailers under the proposed modification. The ordinance was originally ~onsidered because of aesthetics and safety. Mayor Silva then opened the public hearing. Earl McMichael, 1574 Roselli Drive, stated that there was a peti- tion with over 2300 signatures and about 60 businesses which are affected by this ordinance. He also presented a magazine article about a town in Illinois which stated that the Circuit Court of that county has ruled that a similar ordinance was unconstitutional and unenforceable. He stated that he did not know the reasons for the Fire Chief's recommendations, but he had evidence and ex- tensive study that the storage of trailers in side yards was not a fire hazard. He was requesting storage in a sane and orderly fashion. Aesthetics is in the eye of the beholder; he felt that their judgment should ~e respected by others in the community. Val Yoakum, 3832 Dartmouth, questioned what is mean in the ordi- nance by the term "setback". In his case he would be unable to park in his driveway. Mayor Silva said that the ordinance might be amended to read "except in driveways". Roy Diehl, 1188 Marigold, stated that he felt the proposed ordi- nance as recommended by the Planning Commission, seems fair and he endorsed it. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, to close the public hearing, and the motion passed un- animously. Mayor Silva pointed out that about ten letters had been received, which were about 50-50 for the ordinance. The City Attorney said that no court that writes an opinion in California, to his knowledge, has declared an ordinance invalid. As long as the ordinance is reasonable to do what the Council felt should be done, he felt the courts would uphold it. Councilman Taylor asked how storage in a "neat manner" might be required. Mr. Lewis advised there could be broad generalization which would be difficult to enforce. Councilman Beebe asked Mr. McMichael what his views were regard- ing the amendments proposed by the Planning Commission. Mr. Mc- Michael said the amendments would take care of most of the trailer owners' problems. He felt rules and regulations were necessary, but not to take things away as this was their constitutional right. Many of the people who signed the petition indicated they did not own vehicles. CM-23-361 January 11, 1971 ( Public Hearing - Trailer storage) Mayor Silva said there were alternative actions: enforcement of the ordinance upon complaint only; amendment of the ordinance as recommended by the Planning Commission; or repeal of the existing ordinance. Councilman Pritchard said that as he understands the amendments there will still be trailers in driveways and setbacks in about Bo% of the homes in town. Only those homes with wide side yards will have to store trailers in back yards and he could not see that the amended ordinance would accomplish anything. Mayor Silva felt it was prejudiced against people with large side yards. People with smaller lots could still store their trailers in driveways and front yards. The allowance of the extra five feet was an effort to be equitable. Councilman Beebe asked if there was any other regulation to cover flagrant misuse of storage if this ordinance is repealed. The City Attorney said such vehicles could not be stored in the street, and if such storage was dangerous or hazardous it could be abated. Councilman Miller stated he wished to hear from the Fire Chief about his recommendations. When this ordinance was first passed in 1960 it was with the full knowledge that most residences did not allow enough space for storage in the rear yard or side yard. In 1965 the same situation applied to about 95% of the lots. Com- plaints are received and there are a number of people who object to such storage. On the other hand, those people owning such ve- hicles feel they should be able to keep them. Public opinion on the whole may have changed since 1960, and he suggested that this issued be placed on a ballot with a choice of steps from complete enforcement of the existing ordinance to something less extensive than the presently proposed amendments. The earliest possible time would be to include it as a "straw vote" on the School Board election ballot in April. Mayor Silva said such a vote would allow expression by everyone, but he did not think a number of possibilities should be listed; the issue should be whether the public wants storage in front yards or not. Councilman Miller said the choices could be complete enforcement of the ordinance, storage only in the back yards, storage only in the back and side yards, no limitations whatsoever. Councilman Taylor saw no objection to a vote; but there are some parts that should be decided by the Council such as the report from the Fire Chief concerning side yard parking hazards. As far as front yard parking, this could be decided by vote. It would not be necessary to put it on the ballot, but a questionnaire could be sent to every home. Councilman Pritchard said he understood that restrictive ordi- nances were for the purpose of maintaining the health, safety and welfare of citizens; he could not see how aesthetic values came under this purpose. Councilman Miller said something which degrades property, such as a junk yard, does pertain to the welfare of citizens. He realized some people such as those present at the meeting did not feel trailers lowered property values but others do. Councilman Prit- chard did not feel trailers and junk yard could be compared in this way. Councilman Beebe said he had considered a vote on the issue and had studied the discussion by the Planning Commission. The import- ance of the ordinance was to keep the streets clear and he referred to previous statements regarding storage of trailers on streets. Mr. Lewis restated his previous remarks that trailers cannot be stored in the street nor can an automobile. Parking of trailers CM-23-362 January 11, 1971 or boats in the street would be subject to the 72-hour limitation. This ordinance has no bear- ing on street parking. Councilman Beebe felt that since the proposal does not affect street parking he thought the ordinance could be rejected entirely. There is no enforcement at all with the proposed ordinance. (Public Hearing - Trailer storage) Councilman Pritchard asked Mr. Musso if he thought there would still be complaints if the amended ordinance is passed, and Mr. Musso felt there would be complaints but these could be handled more effectively if the ordinance is amended or rejected rather than explaining present policy. Councilman Pritchard also asked Mr. Musso if he felt the amended ordinance would be discrimina- tory since some people would be able to put their trailers in their front yards and others could not. Mr. Musso said that personally he felt so. Councilman Taylor said he was reluctant to change the policy as half the people of Livermore had bought their homes while this ordinance was in effect and in force. Chances are that 95% of them did not know or care about trailer parking ordi- nances when they bought their house, only when they looked into storing their trailer. There are a number of people who bought a house on the corner or adjusted to the ordinance and he felt more should be known about public opinion. Councilman Taylor made a motion that the Council select two alternatives - one to allow front yard parking and one would not - and get the opinion of most of the people in town on that subject in a feasible manner, whether by poll, election or some- thing else. The motion was seconded by Councilman Miller. Councilman Pritchard agreed that the question is whether or not storage should be allowed in the front yard or not; it should not be complicated, but should determine how people feel about front yard storage. Other questions will have to be resolved by the Council. The motion was passed unanimously. Mr. McMichael said he and his group would demand that this be put to a vote of the people. He referred again to the article con- cerning a law passed in Illinois regarding a similar ordinance, declaring it unjust and unconstitutional. Mr. Lewis said that he must qualify a statement as to legality by saying that he did not understand all the facts as presented in the article. It seemed the article referred to a specific instance where a gas station dealer was commercially storing campers on his property. Mayor Silva informed Mr. McMichael that the legality of the ordinance would be studied. Mr. McMichael said that the amendments drawn up by the Planning Commission allowed parking in the side yards and then if this is impossible, a variance can be made for parking in the front. This is all the group has asked for. The Councilmen have brought up points which are well taken. Mayor Silva reminded Mr. McMichael that the public hearing was closed. The Council had made the decision to poll the public, and this would indicate what the majority of the people felt about storage of trailers. The Council was trying to do what is best for the majority. The Council discussed further action necessary in connection with this ordinance, whether or not it should be tabled or continued. CM-23-363 January 11, 1971 Mr. Lewis advised that the information regarding method and cost of conducting a poll be prepared by the staff and that the matter be continued from week to week so that the report from the staff can be made and the right of the Council to reconsider the ordinance will be reserved. Once the report is received and a decision is made, the matter can be continued again to a fixed date beyond the election. The matter was then continued until the meeting of January lB. (Public Hear- ing, Trailer Storage) * * * The public hearing on the rezoning application sub- mitted on behalf of Black, Hansen, Smallcomb by Harry A. Mosure for rezoning of the property located on the southwest side of Portola Avenue, north of Murrieta Blvd. from RG-16 (Suburban Multiple Residen- tial) District to ID (Industrial Development and Administration) District was continued from the meeting as there was a 2-1 vote on the issue (two Councilmen absent) and at least three affirmative votes are need- ed to approve a rezoning. CONTINUED PUBLIC HEARING RE REZONING SW SIDE PORTOLA AVENUE (Mosure) Mr. Musso explained that the issue is whether or not the property on Portola Avenue should be rezoned to the ID Zone. The recommen- dation of the Planning Commission, based on past decisions of the Council, is that the area be rezoned for retail sales of trailers and related equipment, and the proposed rezoning is for the ID District. Mayor Silva stated that the public hearing was open and asked if anyone wished to speak. Dan Spruiell, Red Carpet Realty, said that the property will be on a frontage road and the entrance to Livermore will be changed with an overpass from the freeway, and the rezoning is for ID zoning with a Conditional Use Permit for sale of trailers, camper tops and supplies. A motion was made by Councilman Beebe, seconded by Councilman Taylor, to close the public hearing, and passed unanimously. Councilman Miller stated he had voted against this rezoning on the previous week as this is a major entrance and will be visible from the freeway exchange. RG Zoning was good reasoning at the time it was so zoned and such development would be preferable rather than a trailer sales establishment and the Council has made an effort to uphold the General Plan. The City's entrances are important; here is an opportunity to abate bad uses along Portola Avenue. Councilman Taylor concurred about the importance of the appearance of the entrance to the City, but the entrance will be changed. He felt the proposed use would be a permanent installation and the existing commercial uses are permanent in nature. He point out children in apartments on this parcel would have to cross by a gas station and busy corner to go to school. The proposed use is one that would not be located downtown. Mayor Silva agreed with Councilman Taylor and felt this parcel would~be visible from the future entrance. ~()I(' ~ I (tJr. QJ!uL Councilman Beebe-f~lt the area around this parcel was compatible with the proposed use and made a motion that the recommendation of the Planning Commission for rezoning to ID District from RG Dis- trict be approved, seconded by Councilman Taylor. The motion passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: Councilman Miller CM-23-364 January 11, 1971 The hearing on rezoning application submitted by Jerome Fahnhorst and adjacent expanded area initiated by the Planning Commission was con- tinued from the meeting of December 14. PUBLIC HEARING RE REZONING SW CORNER NO. "0" & PARK & EXPANDED AREA Mr. Musso pointed out that this matter has been discussed with the railroads and it was explain- ed that the change would not affect their operation. The change in zoning would also not affect the present service station except that the regulations existing now are more strict than those under the zoning change. Essentially a change from the CG (Gen- eral Commercial) District zone would eliminate permitted uses such as heavy machine shops and so forth. The public hearing was opened by Mayor Silva at this time. Randy Schlientz, Associated Professions, representing the appli- cant, said the Planning Commission's recommendation was to rezone the southern half of the block, between Park and Chestnut streets, based on a policy of the Commission. The majority of the pre- sently multiple zoned properties have been divided in the middle of the street. Commercial zoning facing multiple or single family residential is more critical than multiple facing single family residential. The back-to-back abutting of districts is less de- sirable. There are very few apartments in the City which abut a back yard; the number of objections are in relation to the exist- ing conditions. In looking at the General Plan, the request con- forms to the General Plan. All of the existing conditions in- dicate that dividing at the center of the street is logical and has worked; dividing at the back or rear property lines will not be more acceptable to the public. W. N. Armstrong, 1717 Sixth Street, representing nine property owners in the general commercial area that do not wish this zoning to be changed. He indicated the area owned by those opposing a change in zoning. Only three members of the Planning Commission were present when this matter was considered by them. This pro- perty was bought a number of years ago as general commercial property. He presented a petition protesting a change in zoning signed by property owners in the area. Per Perry, representing Shell Oil Company, stated the Shell plant occupies three acres and is presently zoned for multiple family residential for about two acres and the balance is zoned CG. He had recommended that the plant property be left as it is now zoned or in lieu turning the zoning around so that the multiple would be adjacent to California Water Company and the CG be placed along North "p" Street. He had also informed the Council on December 14 that he was negotiating the sale of the property for its immediate development and these negotiations have been con- cluded to sell the property to L. E. Mayer, who plans to utilize and develop this property in accordance with existing zoning uses and regulations. Changing the zoning on its axis would not affect the offer, but a change to CO (Commercial Office) District zoning would. He requested that action be withheld on the CO zoning, and in the future the buyer might make application for a change. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to close the public hearing, and passed unanimously. Mr. Musso pointed out that the Planning Commission had initiated the zoning change consideration and would have done so without having received the application from Mr. Fahnhorst. Councilman Taylor noted that it is better planning practice to consider zoning of an area than to consider it piece by piece. CM-23-365 January 11, 1971 (Public Hearing re SW Corner 0 & Park & Expanded Area) Often the City rezones property whether an appli- cation is made or not. He asked Mr. Musso what the Planning Commission's reasons were for eliminat- ing the multiple zoning on the Shell property and for rezoning to CO rather than CG. Mr. Musso replied that the basic idea was to eliminate the gen- eral commercial in this area as it is developing into a retail area, but they did not wish to zone it as CB (Central Business) District. The CO would give flexibility and still maintain some level of control. The Commission was agreeable to professional offices, and preferred this to multiple. Councilman Taylor stated that the Planning Commission had indicat- ed CB on the east side and CO on the west side of P Street and in- quired as to the reasons for this. Mr. Musso explained there is CB zoning on one corner already (Value Giant) and they wanted to maintain a higher level of control across the street. A retail use such as Value Giant would require a CUP under the CO zone. The Council discussed further the CO zoning rather than CB. Mr. Musso explained that the original CB zone did not contain automo- bile service stations; later a CB-l zone and a CB-2 zone (allow- ing service stations) were created. Then service stations were allowed in both CB-l and CB-2 under a CUP. Mayor Silva felt the appropriate zoning for the area from N Street to P Street was CB-l and he felt this should be carried over to either all or a portion of Shell's property. Mr. Musso said that if the zoning is turned on its axis, with P Street frontage as commercial, by terms of the ordinance RM zone can be used for off-street parking for an adjacent commercial zone, which might be an advantage. The Council discussed possible zonings and the reasoning of the Commission for recommending CO zone. Councilman Taylor proposed that the Shell property be zoned CB-l and the California Water property as CO; this would protect the residential property. He made a motion to this effect which was seconded by Councilman Beebe. The motion was passed by the follow- ing vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller Mayor Silva pointed out that the property from N Street to P Street is already developed in uses permitted under the CB-l zone. The present auto parts store in the adjacent block with a machine shop would be allowed under both CG and CB zones but under the CB zone the machine shop would have to be a secondary use to the auto parts sales. Councilman Miller made a motion that the Planning Commission's re- commendation that the area from P Street to L Street and Chestnut Street to the railroad tracks be rezoned CB-l from CG, seconded by Councilman Taylor. Councilman Beebe questioned if extending the CB zone to L Street might not be premature. The motion to rezone this area to CB-l was passed by the following vote: AYES: NOES: Councilmen Taylor, Pritchard, Miller and Mayor Silva Councilman Beebe CM-23-366 January 11, 1971 The Council then considered the zoning of that area between Park street and Chestnut street and North P and North L Streets. The Planning Commission has recommended rezoning from RL-5 (Low Density Residential) to RM (Medium Density Residential) District for half the block on the south side. (Public Hearing - SW Corner 0 & Park & Expanded Area) Mr. Musso reported the Planning Commission's recommendation was based on a line to the center of the block for properties front- ing on Chestnut. He felt multiple should face multiple rather than single family and thought if the Council considered rezon- ing to Park Street, then it should be to the north side of Park. Councilman Taylor stated that the main reason for consideration of rezoning for existing residential for multiple use is to encourage redevelopment in a generally rundown neighborhood or to stabilize a neighborhood that is deteriorating, or if it is felt that it is a good area for multiple residential use. In this case he did not believe this is a rundown neighborhood or in need of re- development. The applicant does want to redevelop his land but the others probably do not want to, but would sell if someone wished to build apartments. In general, he felt the Planning Commission's recommendation was acceptable. Councilman Pritchard said he would rather have multiples across the street rather than in his backyard and most of the people he had talked to agreed. He did feel that the north side of Chestnut Street would have to be changed as residential is in- compatible with CB across the street. Councilman Miller thought there were two concerns - the increase of multiple in an area where there are no parks and the schools are overcrowded. It seems premature to rezone this area to multiple and there is no need to provide it now. Perhaps this should be left as RL-5-0. Councilman Beebe stated he would rather follow the staff recom- mendation to include the whole block to Park Street for multiple. Mayor Silva personally did not like to see zones split in rear yards;therefore, he would rather see the zoning split down the middle of the street. The vacant lots in this area will not de- velop as single family, and the only way to develop these lots is to rezone to RM. Councilman Pritchard made a motion, seconded by Councilman Beebe, to accept the staff's recommendation to rezone the area between North Land P Streets, including the two parcels on the west side of P Street, and Park to Chestnut Streets from RL-5 to RM. Councilman Taylor said there were only two vacant lots in a four block area, but the rezoning would be committing a stable, well developed area of permanent single family residences to multiple development. Councilman Miller asked the Planning Director what the number of permissible dwelling units was. Mr. Musso said that under the General Plan the area is 8 d.u./acre. The existing zoning has 54 units and has a potential of 62 and under RM it would be. 110. to 123 with redevelopment., H. e felt /?- c0-as..ge }n zonin~~ 7 " to RM lS .premature.,'<'>4,~~~ Z~ ~--c~-74 . ~~ -4.L ;<!. r11 ;Q~~Z ~.~ x!r<---tV42 ?U--"'A_-c--o-~_L ~ ~/~ ~.-4Pit: The motion for rezoning'from RL-5 to RM was passed by the (>./</, / i.f following vot e : 41k?v. Il AYES: Councilmen Beebe, Pritchard and Mayor Silva ~/~ NOES: Councilmen Taylor and Miller CM-23-367 January 11, 1971 (Public Hearing SW Corner o & Park Streets) Mr. Musso stated that the Planning Commission proposed that no change in zoning be made on Western Avenue and El Rancho. El Rancho Councilman Miller made a motion, seconded by Councilman Pritchard, to adopt the Planning Commission's mendation for no change in zoning on Western Avenue and Drive in the area of consideration. recom- Mr. Musso stated a change in zoning from RL-5 to RM would make the zoning conform to land use, however after further discussion, the motion for no change in zoning for the area adjacent to Wes- tern Avenue was passed unanimously. Mr. Musso stated these items should be sent back to the Planning Commission for comment prior to the introduction of the ordinance for rezoning as three of the rezoning actions of the Council are contrary to the Planning Commission's recommendations. * * * CONSENT CALENDAR Communication from SP RR re Closure of Freight Station A copy of a communication from the Southern Pacific Transportation Company to the Public utilities Commission regarding closure of the freight agency and removal of the station building in Livermore has been received. Councilman Miller felt that the City should oppose abandonment and submit a request to the PUC that services be re- stored. The majority of the Council did not feel that any action should be taken at this time. * * * Report re Disposal Site Appli- cation (County) A second application for a disposal site (CUP) will be considered by the County Zoning Administrator on January 12. This property is located adjacent to the existing Pleasanton site and is situated about three miles easterly of Pleasanton on Vine- yard Avenue. After discussion of the request by Councilman Miller that the City oppose this application, the Council felt that no action should be taken in this matter. Councilman Pritchard felt that action should be taken opposing this application as the Council had recently stated its objections to a similar application on Croak Road. Councilman Miller felt the Council should oppose this application as he did not feel there is a need for a second disposal site for the Valley other than the City's present site. ~Jf-~.~ ' A resolution is required authorizing the County to receive and hold these funds in trust. RESOLUTION NO. 3-71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE AUTHORIZING THE COUNTY OF ALAMEDA AS COORDINATING AGENT TO RECEIVE AND TO HOLD ALL TOPICS ALLOCATIONS OF ACTFG ~~ERS FOR APPROPRIATE DISTRIBUTION TO ACTFG MEMBERS WITH APPROVED PROJECTS. * * * CM-23-368 January 11, 1971 A storm drain easement has been granted by P.G.& E. at a cost of $474 (25% of market value) on the south side of Stanley Boulevard near Isabel Avenue. This is to accommodate the widening of the street in this area to be done by the County. It is recommended that a resolution be adopted authorizing the Mayor to execute the agreement. Report re Storm Drain Easement RESOLUTION NO. 4-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (P. G. & E. EASEMENT) * * * An application has been received for an exempt business license from the Camp Fire Girls for an annual candy sale from January 29 through February 22, 1971. Exempt Business License * * * On motion of Councilman Taylor, seconded by Councilman Beebe, the items on the Consent Calendar were approved by the following vote: Approval of Consent Calendar AYES: NOES: Councilmen Taylor, Beebe and Mayor Silva Councilmen Pritchard and Miller * * * After a brief recess the meeting resumed with all Council members present. RECESS * * * The City Manager reported that petitions have been received objecting to the proposed remov- al of some eucalyptus trees during the grading of the civic center property. This matter was referred to the staff for the particular attention of the landscape architect who designed the plan for the sunken garden area. The grading plan was done by the City's staff based upon the master plan composed by the architects two or three years ago. Grading plans were designed to include proper land form between these two properties. There are a number of eucalyptus trees and some pepper trees along the property lines. The landscape architect and other members of the staff and Mrs. Kirkewoog had discussed plans and reviewed the site. The landscape architect had explained his recommendations for grading and the elevation concept of the plan. Seven trees would be retained. The architect felt the original grading plan should be maintained, but the change in plan could be made to save a portion of the trees. He further felt that the remaining trees should be removed whenever other plantings reach sizeable maturity. REPORT RE CIVIC CENTER TREE REMOVAL Mrs. Kirkewoog stated that from the standpoint of the contractor it would be easier for him to complete his work if the trees are removed. From her personal standpoint, however, she felt it was an enjoyable shaded, elevated area with mature trees. There is no assurance the proposed park will materialize within the next three to five years, and if the trees are removed there will only be graded gravel there. She felt the trees should not be removed. The Council discussed possible alternate plans which would main- tain the present trees. The City Manager pointed out that if these trees are left for removal at a later date there will be some extra costs involved. CM-23-369 January 11, 1971 (Tree Removal) A motion was made by Councilman Miller, seconded by Councilman Beebe, to accept the alternate pro- posal for grading plans. Councilman Taylor felt that the landscape architect was more in- formed about the overall plan and perhaps the Council should con- sider his recommendations more fully. Discussion followed regard- ing deferring action on this matter until the Council has the opportunity to discuss with the architect whether the original plan should be implemented or can an alternate proposal be followed. Councilman Miller agreed to table the motion for inclusion on the Consent Calendar for one week in order to hear from the architect. Civic Boulevard Commission design and Councilman Miller mentioned that it had been brought to his attention that the present grading calls for the grading of Civic Boulevard also. He stated that the Civic Center Building Committee and the Planning since 1962 have opposed Civic Center Boulevard as poor this matter should be resolved soon. The Public Works Director explained the proposed plans for the boulevard and adjacent area. A motion was made by Councilman Miller, seconded by Councilman Taylor, that Civic Boulevard as originally proposed as a through street be suppressed. The motion passed by the following vote: AYES: Councilmen Taylor, Pritchard, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Beebe (as he was unfamiliar with the site plans) Mr. Musso said part of the Planning Commission's concern was the effect of the boulevard on College Avenue. The Council directed that the architect's comments regarding this part of the plan be obtained. * * * APPEAL OF DENIAL RE VARIANCE OFP-STREET PARKING (Hutka) An appeal from denial by the Planning Commission of Variance for reduction of off-street parking required for second story building at 1900-194b Railroad Ave. by Ed Hutka was continued at Mr. Hutka's request for a week or two, whenever the agenda permits. * * * COUNTY REFERRAL RE ZONING SW SIDE OF 1ST STREET SOUTH TO LAS POSITAS The Planning Director informed the Council that the County referral regarding zoning of property on the southwesterly side of First Street, south of the intersection of Las Positas Road is for the recently deannexed Bellman parcels. After deannexation the property was referred back to the County for zoning. The Planning Commission recommends that it be zoned Agricultural. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to adopt the Planning Commission's recommendation that this property be rezoned to A (Agricultural~. Councilman Miller pointed out that there was an error in the County's report relating to the requirements for RS-3 District zoning category, and suggested that this be called to their atten- tion when the recommendation is forwarded on this matter. Councilman Taylor stated we should also point out it was not 13,000 sq. ft. minimum building site area, but rather 10,000 sq. ft. average CM-23-370 building site area with mlnlmum permitted down to 2,500 sq. ft. because when the applicant appeals to the County, he will say it is restrictive zon- ing and the County is used to lot size zoning. January 11, 1971 (County Referral SW Side of 1st st.) Mayor Silva stated that some are against the policy of prezoning County lands, but if the City can fully protect itself by stating that adjacent properties were zoned RS-3 and everything remaining equal this property would also be zoned RS-3. This point was briefly discussed and Mr. Lewis pointed out that if it is zoned A (Agricultural) District everything will be back the way it was before it was deannexed. Councilman Pritchard stated that with regard to prezoning, the Council had asked that it be placed on the agenda for a study session, and the City Manager was asked to furnish the Council the status of future study items. A vote was then taken on the motion adopting the Planning Commis- sion's recommendation to zone the property to Agricultural, for the reason that the zoning is premature without annexation, and the motion was approved unanimously. * * * A report was received from the Planning Com- mission re a draft of letter to the League of California Cities re mobilehome legislation, and Mayor Silva asked that this matter be con- tinued for one week as he had a number of questions in this regard. * * * Minutes of the meetings of the Planning Commis- sion of December 15, 1970 and January 5, 1971 were noted and filed. * * * Mr. Lewis stated that he had briefly commented on the two-third vote school bond issue, San Francisco case and understood a Virginia case on the same issue is scheduled by the U. S. Supreme Court on February 2, and if the Virginia case comes up, he did not know what effect there would be on retroactivity. * * * DRAFT OF LETTER RE MOBILEHOME LEGISLATION MINUTES OF MEETING- PLANNING COMMISSION MATTERS INITIATED BY STAFF (School Bond Issue) Mr. Musso inquired whether the Council would Holidays be meeting on Tuesday since the new holiday schedule does indicate several holidays on a Monday, and asked if the Council would pre- empt the Planning Commission on their regular meeting night. The City Clerk advised that according to the ordinance if a holiday falls on a Monday, the Council would meet on Tuesday, and Mr. Musso stated they would take the Monday holidays into consideration when setting the meeting for the Planning Commission. * * * The City Manager advised that he has been work- Grievance - Police ing on an important issue concerning a grievance Association re working conditions that originated with the Police Association, involving their work hours. The present schedule of the Police Department calls for them to report to duty one-half hour prior to commencement of their work CM-23-371 January 11, 1971 (Grievance- shift, which half hour of time is devoted basically Police Assoc.) to training with an incidental amount to pre-shift briefing and inspection. To compensate for that time the police officer is given one half hour time off from work during his work shift and is actually perform- ing police duties 7! hours while in the patrol car. During that luncheon break he is technically on duty and can be called in an emergency. Criticism has been offered by the Police Department on the quality of training, which is an administration problem he feels can be corrected, but further, they feel they should receive compensating time for the time spent in the training process, based on a court ruling issued in 1968 in favor of the Oakland Police Association, wherein the court did rule that any time spent by an officer in excess of his regular work hours should be com- pensated. Therefore, an officer who is on duty, but on a lunch break, was on duty and had to be compensated for that time, and the Oakland Police Department had to pay for that luncheon break. Likewise, the Fremont Police Association sued the City for back pay on the same issue and based on that condition the local asso- ciation submitted their grievance and contended that the one-half hour for their lunch break was not compensation for the half hour pre-shift training. The action that the administration took, and in which he concurred, was that all luncheon breaks were to be given to men without any threat of call to duty, which meant the men were to drive the patrol cars back to the station, park them and be free for one-half hour. This was quite an upset as they felt it was an inconvenience to take the car to the station, but they felt that was a strict interpretation of the letter of judg- ment. Since that time, there have been meetings in accordance with the Meyers-Milias-Brown Act trying to resolve the issue and there have been a whole series of compromising offers suggested by both sides; the most recent was made this date, that ten minutes per day be accrued so that each man be subject to once a month group training session lasting approximately three hours, such training session to be conducted by the Police Captain. This offer was readily accepted by the Association today. Mr. Parness explained that the cost would amount to $9700 per year based on the present salary levels of officers and would mean buying ten minutes of time per day at a rate of time and a half per man to engage in this practice which is deemed to be critical to the welfare, progress and efficiency of the department. The City Manager recommended that the Council approve this proposal whereby each man would be subject to participating in a group train- ing session once per month, approximately three to three and a half hours in time and that that time be paid for at the rate of time and a half by the City as additional compensation. Mr. Lewis stated until the issue is finally decided, he did not want to say too much but apparently the program was introduced last spring and if the association went to court they would claim they were entitled to compensation for overtime since last spring, but he understands that is to be waived as a part of the recommended offer. Mr. Parness stated additionally he would like the Council to under- stand, and hopefully support, his direction that he has given orally and will give in written form to the Police Department which is that the training process will be tested an~ assured as depart- mental procedure through the course of frequent examination to be given to each man based upon the training that they engage in and that a great deal of the merit increases which are weighed annually for each man will be based upon their experience and credits they will accrue in the testing process. In other words, if the City is going to pay to have them go to school, it can be found out through fair testing processes, and pay increases or decreases will be dependent upon their record in large part. Mayor Silva felt the majority of the Council agrees to those terms and feel it is reasonable since the City is paying for their time. CM-23-372 On motion of Councilman Taylor, seconded by Councilman Miller, and by unanimous approval the recommendation of the City Manager was approved. * * * A motion was made by Councilman Pritchard, se- conded by Councilman Miller, to send a letter of appreciation to Margaret Tracy, who has re- signed, for her years of service on the Beau- tification Committee, and passed unanimously. * * * Councilman Miller stated that Hofmann Company has a heavy program of littering the public right-of-way with illegal signs, and felt they should be cited for doing this. January 11, 1971 (Grievance - Police Association) MATTERS INITIATED BY COUNCIL (Letter of Appreciation) Illegal Signs Robert Allan, 223 Donner Avenue, mentioned that Sunset Town and Somerset Homes also had some signs up. After some discussion the staff was directed to check into the matter. * * * Councilman Miller stated he had received some complaints re Charlotte Way, which was to have been completed by October 1st, but the street lights are not on and they have been digging holes in the street. Completion of Charlotte Way Mr. Lee advised this has not been accepted by the City as yet, and it would be taken care of shortly. * * * Mayor Silva announced that he had received a registered, airmail certified letter stating that the Springtown Golf Course would be closed as of the close of business on January 10, 1971 from Intermark Investing Company. He suggested that a copy of the letter be sent to the Recreation District. It was also suggested that a letter be sent to Inter- mark Investing Company with the Council's regrets. * * * Closing of Springtown Golf Course Mayor Silva stated a letter had been received from the Beautification Committee advising a new slate of officers had been appointed as follows: Chairman, Garrett B. Drummond, vice chairman Bob Schaefer, secretary Roberta Hadley. The staff was directed to send a letter to Chris Gatrousis, outgoing chairman, of appreciation for his service; also a letter to the new chair- man, advising that he could come to the City Council at any time on any matters to be discussed. * * * Mayor Silva announced that there are two posi- tions open on the Beautification Committee and two positions on the Housing Authority Board and any citizens interested are invited to sub- mit names on any positions. * * * Beautification Committee Officers Positions Open - Beautification Committee, Housing Authority CM-23-373 January 11, 1971 ADJOURNMENT There being no further business to come before the Council the meeting was adjourned to an executive session at 12:30 a.m. for discussion of pending apPointmen/i; * APPROVE \ ATTEST * * * Regular Meeting of January 18, 1971 A regular meeting of the City Council was held on January 18, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Silva presiding. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * WELCOME Mayor Silva welcomed Girl Scout Troop 1085 who were in attendance at the meeting. * * * MINUTES The minutes of the meeting of January 11, 1971, were approved as amended on motion of Councilman Miller, seconded by Councilman Pritchard, by unanimous vote. * * * OPEN FORUM (Golf Pro Shop) Clyde .Highet, 1317 Hibiscus Way, referred to a re- quest by Intermark Investing for a Conditional Use Permit to allow a golf pro shop at 4875 Primrose Lane and approval of a clubhouse on Bluebell Drive; such approval passed by vote of the Council on October 19, 1970. Mr. Highet pointed out that the received notice that Intermark is no longer going to golf course in Springtown or continue with the club- on Bluebell Drive; therefore, he did not see any need the permit for the golf pro shop on Primrose Lane. Council has operate the house plans to continue Mayor Silva said he understood the golf pro Mr. Russ Dicks hoped to continue operation of the golf course and the Planning Director stated that nothing had changed in regard to the operation of the golf course as there is still the same management and property owner. The permit for the clubhouse has been issued and a letter was received which states that Mr. Dicks can utilize the Spring- town Association's parking lot to meet his parking requirements. Any arrangement about upkeep is between the Springtown Association and Mr. Dicks. After further discussion Mayor Silva pointed out that if the club- house is not built within the one year period of the permit, the permit will not be renewed. CM-23-374 January 18, 1971 Mr. Earl Kerr, 1654 Hollyhock Street, inquired (Golf Pro Shop) as to the date of the letter referred to by Mr. Musso and it was stated that the letter was re- ceived on Tuesday or Wednesday after their closing of the course. Mr. Kerr felt that if Intermark had not complied with the time limit set he felt the agreement should be void and the permit denied to operate the pro shop. * * * Lloyd Jansen, 516 Adelle Street, asked if it would be possible to have the agendas printed on both sides of the paper for economical and ecological reasons. The matter was referred to the City Clerk. * * * Valerie Raymond, president of the Livermore League of Women Voters, stated the League has invited Senator Bradley, Assemblyman Bee and Supervisor Murphy to an interview this Thurs- day at 8:00 p.m. and extended an invitation to the Councilmen to attend the meeting. * * * (Agenda Printing) (League of Women Voters Meeting) A hearing has been set regarding amendment of Section 20.00 (General Provisions) of the Zon- ing Ordinance, particularly Sections 20.71 (Future Width Lines) and 20.72 (Special Build- ing Lines) as follows: 1) Vasco Road, between U.S. 580 to Tesla Road; 2) East Avenue, between Vasco Road to Greenville Road; and 3) East Ave- nue, between Madison Avenue and Vasco Road, portions of within the unincorporated territory adjoining the City. PUBLIC HEARING RE ZO AMENDMENT SEC. 20.00 (Width Lines & Bldg Lines-Vasco Rd. and East Ave.) which are Mayor Silva opened the public hearing, but no comments were voiced. A motion was made by Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote to close the public hearing. Councilman Beebe lliade a motion that tiLe staff be instructed to prepare the ordinance to amend Section 20.00 of the Zoning Ordi- nance to reflect these changes; the motion was seconded by Coun- cilman Pritchard and approved unanimously. * * * CONSENT CALENDAR Departmental reports were submitted as follows: Departmental Reports Airport - financial and activity - December 1970 Building Department - December and calendar year 1970 Civil Defense - quarterly, OctOber/December, 1970 Finance Department - quarterly, OctOber/December, 1970 re revenue and expenditures Fire Department - December 1970 Golf Course - December 1970 Library - quarterly, OctOber/December, 1970 Planning Director - pending major planning and zoning projects Police and Pound Departments - December, 1970 Water Reclamation Plant Councilman Miller wished to discuss the Airport and Golf Course financial report; a report will be made in this regard by the City Manager at the next meeting. Councilman Miller inquired about the Planning Director's report regarding planning and CM-23-375 January 18, 1971 (Departmental Reports) zoning projects, in particular the intention to study urbanization around the Del Valle area and stated his feeling that such development should be discouraged or even prohibited. It was suggested that the Council wait until the Planning Commis- sion has bad the opportunity to study this matter and see what this recommendation might be. Councilman Taylor stated that the Valley Planning Committee had discussed this area, and that the County has already received inquiries about subdividing the area. He was personally opposed to such development. Councilman Taylor also suggested that a review of bicycling needs be considered in the discussion and plans for the parkways; that a study of frontage lot treatments be included under the survey of development standards; that hillside development standards should have priority in the list of studies and that the portion regarding planned development regulation procedures should be discussed. Mayor Silva said this report covers the status of items before the Planning Commission and if any Councilman had questions re- garding a particular item it should be requested to be included on a future agenda. Councilman Miller felt this report indicated that the Planning De- partment has a very heavy load of work before them and also re- ferred to the Building Department report which indicates 15% in- crease in single family permits over last year and 88% more multiple. This corresponds to a 7% growth rate which is close i~ i ;h,~,;r~~~~, ~~~LiZ~~~:~lYI'~~~. ~~e~" tZ~h~~~: . ~e~. ~~eUP.. ~~~~ - ~ ~ <L?V~.~ ~ ~ ~~~, * lj * * Sale of Notification has been received from the State Divi- Surplus Area sion of Highways regarding the sale of certain sur- (Greenville plus areas. There does not appear to be any public Rd. and benefit in these property acquisitions due to their Altamont size, remote location and lack of utilities and no Pass Rd.) action was taken. * * * Resolution re Salary Schedule RESOLUTION NO. 5-71 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. 90-70. In accordance with an agreement authorized with the Public Works Department field forces, wage levels are to be amended semi-annually to adjust for the cost of living increases during the six month term (April through September); the certified factor change is 2%. * * * Exempt Business Licenses Applications for exempt business licenses have been received from the following: International Order of Rainbow Girls - various fund raising activities during 1971 Philippine American Assn. - quarterly dances to raise funds for scholarships. * * * CM-23-376 One Hundred and nine claims in the amount of $57,627.41 and two hundred fifty-three payroll warrants in the amount of $77,901.22, dated January 13, 1971, were ordered paid as approved ger. Councilman Beebe abstained from voting on for his usual reason. * * * On motion of Councilman Beebe, seconded by Councilman Taylor, the above items on the Consent Calendar were approved by unanimous vote. The other items were removed from the Consent Calendar for discussion. * * * January 18, 1971 Payroll and Claims by the City Mana- Warrant No. 9545 Approval of Consent Calendar Councilman Miller referred to a communication received from Peni Taylor regarding an area ad- jacent to Pioneer Memorial Park which is pre- sently listed for sale for multiple develop- ment. He. thought. t~is area 1;ad ~ r_~ned ') /). f'.rom multlp~e to slngle faml~y" , tr.<.t:~~fU., } j . L.~~-e~....,/ii~~P: d.e.(~ ~ -/.-.e.1"<~j~.{ t l'-#Lt; ~/~~dJ Mr. Musso explalned that the property is located on the east --J side of Wall street with 1.37 acres which would allow approxi- mately 25 dwelling units. The rezoning was proposed at the time of the filing of the subdivision Tract 2425 and was proposed for both sides of Wall street as a variation in land use for the area. Multiple was granted on the east side. Pioneer Memorial Park Councilman Miller made a motion to suggest that the Planning Commission consider the possibility of rezoning this area, seconded by Councilman Taylor, and the motion was approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard * * * A draft of a resolution proposing a sweepstakes was submitted by a citizen, W. J. Pender, for consideration and discussion by the Council. Mayor Silva felt there were other uation regarding the tax burden. should be adopted directed to the major tax reforms. Sweepstakes Suggestion methods for improving the sit- He felt rather a resolution State Legislature requesting Councilman Beebe felt there should be a state sharing plan rather than a lottery. Councilman Miller felt public feeling should be determined, and if this is reasonable such a suggestion should be made to the legislature. Revenue is needed, and this might be a way to do it. The majority of the Council did not feel that this resolution could be endorsed. Mayor Silva pointed out that there is a com- mittee investigating lotteries and sweepstakes as means of revenue in the State of California. W. J. Pender, 135 El Caminito, discussed the general tax situation and the need for a method of relieving the heavy tax burden. There is proposed legislation to this effect (SB-l). A sweepstakes will not solve the problem, but he suggested that it would ease the problem. In the draft of his resolution he suggested that a sweepstakes be tried for a given period in Livermore and if found CM-23-377 January 18, 1971 (Sweepstakes) successful it could be taken over by the state. He requested that the Council approve the resolution. Councilman Taylor said he felt it was inconceivable that the State Legislature would give permission to one town to run a lottery and thought it would have to be a state-wide lottery or none. It would be a waste of time to try to get such permission. Jack Phillips, 551 No. P Street, requested that the Council support proposed legislation for a state sweepstakes. He was opposed to a City lottery or sweepstakes, but felt a State sweepstakes could reliBve the the school tax burden. The City Attorney pointed out that the Legislature could not allow a single city to operate a lottery as it would be prohibited by the Constitution; it would have to apply to all the cities. A motion was made by Councilman Beebe, seconded by Councilman Taylor, to deny the request to draft a resolution regarding the sweepstakes, and passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller BOARD OF SUPERVISORS RESOLUTION RE SALE OF DISPOSABLE CONTAINERS * * * A resolution has been received from the Board of Su- pervisors urging the County Supervisors Association and the League of California Cities to seek action to alleviate the problem of litter and waste disposal created by the sale of disposable, non-returnable containers. Mayor Silva stated that a communication had been received from Leon F. Dillenburg, Bay Area Grocers Association, requesting an opportunity to discuss this matter on another date. This item is to be continued for discussion to a mutually agreeable date for the parties involved. Resolution re BART Service to Oakland Airport * * * A resolution was adopted by the City of Oakland Board of Port Commissioners concerning transportation re- quirements to and from the Oakland International Airport, and they have requested support of the City Council. Mayor Silva questioned the possibility that if endorsed would it mean funds would be used that would otherwise be spent in the Valley. The City Manager advised that without detailed investigation or an appearance of someone from BART and the Port of Oakland Board of Commissioners to explain the facts and details, he felt it was improperto even state a view as it is a complicated matter. A motion was made by Councilman Beebe, seconded by Councilman Taylor, and passed unanimously to note and file the report. B.eport re Civic Center Tree Removal * * * Mayor Silva read a letter from Ribera & Sue, Landscape Architects, stating that there should be an interim retention of a portion of the eucalyptus grove until new tree plantings achieve some degree of maturity, however, eventually the existing trees should be re- moved as indicated by the site master plan. This matter had been discussed in detail at the last meeting, and Mayor Silva suggested that since the trees will eventually have to CM-23-378 be removed, he would like to see them removed now to save the City the expense later, and questioned at what point in time the trees would be removed. January 18, 1971 (Tree Removal) Mr. Parness stated that this is an optional thing with the Council and whoever would be involved in the site planning and developing of the property. The intention would be generally that within ten years other trees planted would reach a state of maturity and the retained trees could then be removed. Councilman Taylor explained the reason the trees cannot be left is that no development and no new trees can be planted and public use cannot be started for five years unless the grading plan is accomplished. The second reason, not removing the trees at all forever relegates the gravel pit to nothing more than a gravel pit as this area blocks it off from the civic center site and the architect proposed that it be blended together; there has been no feasible plan for developing the area leaving the trees. To just vote to leave the trees there must be some feasible alternative showing the public how they will benefit from a change of design. Councilman Pritchard stated he felt if they were directed to come up with a change in design to incorporate the trees they could do that; meanwhile the workers can drive around the trees. Councilman Miller asked that his motion to accept the alternate proposal for grading plans of the architect be taken from the table and voted on at this time, and made a motion, seconded by Councilman Taylor to remove the motion from the table which ~~ passed by the following vote{ ~:::2I.a...... a.tt?~~~ ,4-<1..._ ~^-"'.'-<--'{5ti- .' .' d:<,,:<- l c't~ ~~c.,~t-.,,-~t~-L-.' ~..'t; AYES: Councilmen Beebe, Taylor and Miller Ati.-?t ~ ,/ -~) NOES: Councilman Pritchard and Mayor Silva t Councilman Pritchard had dissented because he wanted all the trees to remain, and Mayor Silva for the reason that he wanted all the trees removed at this time. * * * A report from the City Manager indicates that the Master Plan for the Civic Center site re- quires the acquisition of a triangular shaped parcel of land to broaden the connection be- tween the Sunken Gardens and the remainder of the site. An agreement has been negotiated for acquisition of the southerly area with the developer, McGah Development Co., and it is recommended that a motion be adopted authorizing execution of the agreement and acceptance of the deed. REPORT RE CIVIC CENTER PRIVATE ROADWAY ACQUISITION (McGah Dev. Co.) A motion was made by Councilman Miller, seconded by Councilman Beebe, to adopt the staff recommendation to authorize the execution of the agreement and acceptance of the deed and passed 4 to 1 with Councilman Pritchard dissenting. * * * The City Manager reported that the matter of the Pomona Way Street Extension has been pend- ing for many months and following an appeal made to the Council in the fall of last year, upon Council's instructions, a public meeting was held by the staff in the neighborhood with prior notice to all interested parties as to the design plans for the street ex- tension. He advised there was a significant turnout and some heated discussion relative to the matter; also the Recreation REPORT RE POMONA WAY STREET EXTEN- SION CM-23-379 January 18, 1971 (Pomona Way Extension) District has requested some decision in order for them to proceed with the park development. Public Works Director Daniel Lee presented a theoretical desirable layout for a major street design after which he explained the street layout in the area involved, including the extension of Hillcrest Avenue which had been proposed, stating they have planned on a collector street to go to the area which is Pomona Way; Jefferson Avenue will also function as a collector street in the future. Mr. Lee stated it is felt that the extension of Pomona Way is es- sential to carry out the plan initially established for the area; if it terminates, it will form a barrier as will the park and the school, and will not allow the traffic to move out of the neigh- borhood as it should. Mr. Lee also presented some results of current traffic counts and projected traffic counts based on the tributary areas. He explained that presently Pomona Way is shown terminating at the park with Jefferson Avenue going to East Avenue, and there are 1700 cars per day coming in and out of Jefferson Avenue. ~oming out of Hillcrest Avenue are 3500 cars per day, of which approximately 2500 come from the area being discussed. Just north of Pomona Way on Jackson Ave., in front of the school, there is a count of 11 per day. The two counts of 2500 and 1700 add up to 4200, coming out of the subdivi- sion per day, and based on the number of homes and trips per day, comes to within 100 of what is predicted for that neighborhood, and based on these figures the prediction for future traffic is made. With the extension of Pomona Way over to the future Mines Road, it is expected the future count on Jefferson Way would be reduced down to about 1000 per day. The traffic count coming out of Pomona Way at the east end, one going north on Hillcrest Ave. to connect to Mines Road; the other going south to East Avenue might be in the neighborhood of 1000 to 2000 per day, leaving 2300 cars per day to go in and out of the planning area, which is not excessive for a collector street. Mr. Lee went on to explain the effect on the street system if there is no easterly extension of Pomona Way, stating it would create a serious problem on Jackson Avenue in front of the school. Mr. Lee said the next question is what effect the extension of Pomona Way would have on the park, and we are told by the Planning Director that 18 acres of park south of Pomona Way is sufficient for a community park; it can provide all the facilities necessary for a park. It is nice to have a park adjacent to the school and would be a valuable asset; this would be the negative feature of extending Pomona Way. On the other hand, he did not believe the school officials allowed the children to go to adjacent parks during the school hours; a good example of this is Marilyn Avenue School next to May Nissen Park. Mr. Lee continued that another factor that was a confusion to the whole issue was the lots that the City would have north of Pomona Way, and it was suggested some time ago that this property be sold for residential lots. This created the impression that the whole plan was devised so that lots would be available for sale to pay for the road extension, and this was not the case - it was an incidental issue. Mr. Lee stated that, in summation, from a traffic standpoint for the convenience of this area, to reduce the considerable amount of traffic on Jefferson Avenue and to provide good access to the school and neighborhood this extension is needed. Mayor Silva commented that the previous Council had endorsed the plan and the reason for the discussion is that a petition was cir- culated in opposition to it. Since there is a new Council and Councilmen Beebe and Pritchard have not seen the plan or had the facts presented to them, the Council would like to discuss the item once again. CM-23-380 January 18, 1971 Mr. Musso stated one point that came up at the Jackson Avenue School meeting was that there would be access provided, either in the way of frontage or pedestrian access, on the easterly boundary of the school as that area develops; it is not so much access to the school as vehicular access to the front of the school. The other thing is the alternate which was not mentioned of curving the street up to front the school; the reason this was not done is that the school was not particularly interested in assuming the responsibility of the frontage improvement. (Pomona Way Extension) Mayor Silva asked if the problem of the location of the Recreation District's private road had been solved and Mr. Parness stated the section which now curves along the eastern boundary can be vacated because Pomona Way is a public street and will meet the need. Councilman Taylor inquired if the street was taken into considera- tion when the City purchased the property and Mr. Lewis reported that title was taken just for general municipal purposes, not specifically park purposes. Councilman Taylor said he understood that this was not always considered for location of a community park but for a smaller one and Mr. Parness stated this was true and that a primary site was one north of the school, but after study with LARPD the recommendation was made to place the entire park to the south. In answer to a question Mr. Lee said the traffic count in front of East Avenue School was now 8,000 or 9,000 a day and there is a crossing guard and Mr. Musso reported that a school was not planned between the Jackson Avenue and Wagoner Farms schools. John Hudson, 4057 Pomona Way, said the traffic would decrease when a school is built for the Wagoner Farms area and he felt much of the traffic counted at Hillcrest Avenue was due to the shopping center and he did not understand the traffic count previously dis- cussed. He also felt the children would use the park rather than the streets to walk home, and the park should be attached to the school grounds. Glenn Strahl, 768 Adams Avenue, said the feeling at the meeting held at Jackson School was almost unanimous against the extension of Pomona Way. The principal of the school spoke for the school and park to be connected. He also questioned the traffic count and did not feel that a collector street was necessary. Clarence Hoenig, 588 Tyler Ave., said the first meeting he had attended regarding this matter was the one held by the LARPD last summer; there was general discontent at that meeting about the school being divided from the park. Later at the meeting held by the City staff the people attending were against continuation of Pomona Way. He said he had talked to Mr. Bergman, park planner for LARPD, who had indicated that a north/south street on the east boundary of the park would be a preferable access. In regard to traffic flow, traffic could leave in an east or west direction easily; there would be a problem in getting from one part of the area to another. The people in the area had indicated they were against the extension of Pomona Way. Mr. Hoenig said he had also asked Mr. Bergman if there would be any problem in just holding this strip in abeyance and not develop it at the present time, however, LARPD wants a decision in order to commence the park planning. Elizabeth Hudson, 4057 Pomona Way, said her first concern is that Pomona Way is the thruway for children going to school and people in the area had signed the petition against the street extension. Nancy Cecil, 4262 Pomona Way, was against the extension of Pomona Way. CM-23-381 January 18, 1971 (Pomona Way Extension) Mark Eaton, 441 Jackson Avenue, said he was against the extension; however, he would be against making Loyola Avenue a major street. There would be a serious hazard from traffic coming off Colgate Way around a blind corner onto Loyola Ave. and an increase in traffic on Jackson Ave. would be a serious mistake. Sue Steinberg, 4174 Pomona Way, agreed increasing traffic on Jack- son Ave. would be wrong. If Loyola Ave. is made into a major street, it should be designed to discourage people from using it and feed- ing past the school. She was concerned about putting more traffic on Pomona Way due to the school children. Councilman Pritchard asked what the reaction would be if Loyola Ave. were extended around the park on the east side of the park and school. She said if there was access on the east side of the park it would provide easy access to the park. Ann Lee, 1413 Lillian Street, said she had a child attending Jack- son Ave. School and thought it would be convenient to have a bike trail up the side of the park. Mr. Musso pointed out there is a bike trail proposed along East Avenue to the park. Roy Slice, 3951 Dartmouth Way, asked if there is a north-south street proposed on either side of the park. Mr. Musso said Jeffer- son Ave. is the only one and connects with Jackson Avenue; on the east side there will be a street paralleling the park boundary. The undeveloped property is owned by more than one person and can not be developed yet. Mr. Slice was against the extension. Bert Gastin, 564 Tyler Ave., suggested that neither Pomona Way nor Loyola Avenue be extended. He felt the school and park should be considered as a barrier between the two areas, and no attempt be made to run east-west streets through. Marlin Pound, speaking for LARPD, said the design as shown separat- ing the school and park had previously been approved by LARPD. Their problem is whether the City is going to proceed; considerable time has been spent in designing the proposed development and money ob- tained. The Rotary Club has offered to develop a tot lot in this area but would have to withdraw their offer if development does not proceed; LARPD needs a decision. Mayor Silva pointed out that originally LARPD was not for the ex- tension of Pomona Way; however, the previous Council made the de- cision and LARPD had to abide by this decision. Also, he did under- stand the feelings of the homeowners in the area but felt it was poor planning not to extend the street. Councilman Pritchard said hewaBn~convinced of the necessity for the through street and was concerned that the majority of the people did not want the extension. He liked the idea of having a cul-de- sac for parking at the end of Pomona Way; likewise he was not sure that Loyola Ave. needed to go through. Councilman Taylor said the proposal to block Pomona Way and Loyola Ave. both is bad planning as it would be difficult to get to the front of the school. The School District does not want frontage and that strip would have to be assumed by someone and he felt the proposal as presented is the most reasonable one. Councilman Beebe said he would like to see this kept as open space and no decision made at this time. Bill Payne of LARPD felt access would be needed at the other end of the park from East Avenue and then they could plan accordingly. Delay does create a problem in planning as stated in a prior pre- sentation. CM-23-382 January 18, 1971 Councilman Miller felt the whole 'area should be maintained as park because there is a short- age of parks in this part of town. There will be access to the back of the school for the area to be developed just as at Almond Avenue and Rincon Avenue. The problem will be ultimately resolved. If the people of the area do not want a collector street perhaps it is not necessary. Yet there should be a driveway or easement for fire equipment access. The issue is that the people who live in an area should have some say what happens to it. The question of a collector street is a local matter. (Pomona Way Extension) Councilman Taylor said that if people voted whether or not they wanted other major streets such as Hillcrest or Charlotte Way they might not want them either. Councilman Miller felt there was a difference between Charlotte Way and Pomona Way. Councilman Miller suggested that a motion be made of the follow- ing four points: that there be no through street; that it be recommended to LARPD that there be a driveway access off Pomona Way; that there be an easement for emergency fire access through the park; and that Amling-DeVor be allowed to use this easement and driveway as their access and eliminate the present access from the west side. Councilman Miller made the motion, seconded by Councilman Pritchard, that Pomona Way not be a through street. Councilman Beebe asked Mr. Lee if the transportation of children to and from school is disregarded, would the planning be still considered poor. Mr. Lee replied it was essential to good plan- ning to provide for the future; the traffic is there and the street should be designed for future use. The motion not to extend Pomona Way failed by the following vote: AYES: NOES: Councilmen Pritchard and Miller Councilman Beebe, Taylor and Mayor Silva * * * After a short recess, the meeting was called back to order with all members present. RECESS * * * The Planning Director stated that this matter concerns the point that the proposed develop- ment is in conformance with the present regula- tions and the reason for the variance is to make it possible to subdivide and sell the units as single family dwellings. The Planning Commission did agree with the variances, but the appeal is on some of the conditions of the variances. The Planning Commission did not request conformance to an ordi- nance which has not been adopted; there are no regulations which pertain to the townhouse type of development but the Planning Commission utilized the work they have done on the proposed ordi- nance in setting forth the conditions of the variance. The con- ditions applied could be subject to some modification as a re- sult of the meetings held last week by the joint Commission- Council committee. Essentially, the proposal is for a townhouse type of development of the same nature as the development at Pine and Murrieta. The only issue is access to Murrieta Blvd on the northerly boundary of the property, which the Commission felt should be provided. The problem resolves down to a question of density, off-street parking and front setbacks on the lot. APPEAL RE CONDITIONS OF VARIANCE (H.C. Elliott) Councilman Miller said that when the proposal on Pine Street and Murrieta Blvd. was approved the Council felt that the proposal, when built, would be an indication of the assets of this type of development. He thought this appeal matter should be continued to see the outcome of the previous proposal when it is completed. CM-23-383 January 18, 1971 (Appeal re Variance, H.C.Elliott) Mayor Silva stated that he did not feel any applica- tion should be held up because of lack of standards or ordinances. Councilman Taylor said this property is presently proposed for RG-12. He stated he had looked at several townhouse developments and he felt the new proposed standards are reasonable and did not see that it was necessary to wait for their adoption. Councilman Miller said his concern was to wait to see how the townhouse concept is accepted; not to wait for adoption of the new ordinance. The majority of the Council did not feel that consideration of the application should be delayed and proceeded to discuss the condi- tions. Mr. Musso reported that a public hearing is optional; the Planning Commission held a noticed hearing and only one person testified. The majority of the Council did not feel a public hearing was nec- essary. The applicant Mr. Elliott, stated he had looked at many townhouse developments and had tried to work out a good design. There are backup sales for half again as many as those already sold. Profile studies show that most of the buyers are people without children. Density has been reduced to 10 d.u./acre. One covered and one open space parking have been provided. Mr. Marv Whiteman, planner for Elliott, and an architect with Compla, said the first four conditions were acceptable and then discussed those points which they were requesting be chan~~~~ Item 5 (a), Maximum Dwelling Units Permitted. e 'app l ~~ that all but first sentence be deleted. Motion was made by Coun- cilman Taylor, seconded by Councilman Beebe, to change this condi- tion to read llTen (10) dwellings per gross acrell, and the remainder of the condition eliminated. Mayor Silva felt reducing the number of units allowed would defeat the purpose of townhouses because then the prices of the units would go up. Councilman Pritchard stated that price does not seem to be the reason for buying these units and that he did not feel he could consider the economics of the people buying in making a decision. Mr. Musso pointed out that the proposed 57 units were allowed as an informal condition of the tentative map. If this property is developed at 10 d.u./acre, 47.5 units would be allowed. The applicant's representative said the proposal is for two story units equivalent in nature and size to an apartment with better parking and outdoor recreational facilities provided; it would be more desirable from a neighborhood standpoint. Mayor Silva said if the ordinance states that townhouses must be at RG-10, then there will not be applications for property zoned RG-16 for townhouse development but it will be developed as apart- ments. The motion to change the wording to llTen dwelling units per gross acrell, and the rest of the condition eliminated, was approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Miller Mayor Silva (Councilman Miller wished to qualify his vote as he felt it really could be at 8 rather than 10 d.u./acre but due to the circumstances of this application voted for it.) CM-23-384 January 18, 1971 Items 5 (b) and (c) were acceptable to the applicant. (Appeal re Variance- H.C. Elliott) Item 5 (d), Maximum Building Height: As set forth in Zoning Ordinance Section 8.88, except that for a group of five (5) or more dwellings, the end dwelling in each group shall be limited in height to one story. The applicant asked that the wording from llexcept . .ll be eliminated. He stated this assumes that there will be a particular type of design and this is an inflexible rule which will lead to stereo- typing. Councilman Beebe did not feel this point should be tied down so closely. Councilman Taylor agreed this point should be investi- gated before inclusion in the proposed ordinance. It was decided by the majority of the Council to delete the wording as suggested from this condition. Item 5 (e) Minimum Setback from Driveways: The applicant requested that this item be deleted from the conditions as he felt it was not applicable to the type of project proposed. Councilman Miller felt that this item should not be deleted and Councilman Taylor said the sub-committee had discussed this; the more space used for setbacks which are unnecessary the less open space will be available. If the garage is set back 20 feet this allows tandem parking, whereas a smaller setback will force the extra parking space to be elsewhere as in a common lot. The Council discussed application of this condition in regard to the application before them, and what effect it would have on the proposed design. Councilman Taylor made a motion, seconded by Councilman Beebe, to change the wording of Item 5 (e) to the following: Ten (10) feet. Where a driveway provides access, setback of a garage may be five (5) feet. II The motion was approved 4 to 1 with Councilman Miller dissenting. Item 5 (f) Minimum Off-street Parking: The applicant requested that this be changed to lltwo (2) spaces per dwelling unitll. Also, he requested that the last portion of the condition from the wording, llIn addition,..ll be deleted. The reason for this is that boat and trailer storage is not allowed on the premises. The Council favored 4 to 1 keeping the condition as written with provision for 2~ spaces per unit and one-half additional space for storage of boats, etc. Item 5 (g) Minimum Driveway Improvement: The applicant requested that the last portion reading llcurbs shall be required adjacent to all open space defined in Section 21.97 (b)ll, be changed to provide for tire stops. The majority of the Council agreed to this deletion and added the provision that llTire stops are to be provided so that cars will not overhand the open space.ll Items 5 (h) through (m), Item 6 and Item 7 were acceptable to the applicant. Item 8 Usable Open Space Required: The applicant requested that the 1000 sq. ft. per dwelling unit be changed to 700 sq. ft. as this figure is computed by excluding front yard setbacks on Murrieta Blvd. and Del Norte Ave. This point was discussed and the wording I'except the required front yard on Del Norte may be included as open spacell, was added to Item 8 (b) by the Council. The remainder of the zoning conditions, Items 9 (a) through (k) and Items Band C were acceptable as written. CM-23-385 January 18, 1971 (Appeal re Variance Conditions) solved before Mr. Musso explained that there is presently a 29-ft. strip which is proposed for addition to the commer- cial area at the rear of the service station site on Murrieta Blvd. This would require rezoning and a public hearing; It is recommended that this be re- a final map of the subdivision is approved. Councilman Taylor stated that in previous discussion by the Plan- ning Commission it was indicated that a good use for this area would be a motel-restaurant-service station complex. It was proposed that this piece of property be rezoned or else included in the townhouse development, with the decision to be made before the final map is filed and the Council agreed on this proposal. Councilman Taylor made a motion, seconded by Councilman Beebe, that the Planning Commission recommendation to allow the variances be accepted, with the conditions of approval as amended. Mr. Musso pointed out that a question which must be resolved con- cerns the access to Murrieta Blvd. Public Works Department pro- posed that only an emergency access be allowed, and the Fire De- partment recommended an open access. The developer was agreeable to either plan. Since the access would be on a curve, the Council felt it should be an emergency access. The motion for allowance of the variances was approved by the follow- ing vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * VARIANCE APPEAL (Ed Hutka) Ed Hutka, 1940 Railroad Avenue, has submitted an appeal from the decision of the Planning Commission regarding his application for reduction of ten park- ing spaces required for an existing second story in the building under construction at the above location. The Planning Director explained that the subject building received site plan approval as a one story building for uses permitted in the Zoning District. The approved parking was conforming, however when the applicant increased the floor area with the addition of a second floor (without benefit of zoning or building department approval) the parking provided then became deficient. Mr. Mark Eaton, representing Mr. Hutka stated that his client planned to use the building totally in industrial warehouse uses and, therefore, does not need all the parking area provided. It was suggested that a method be found to guarantee, by a recordable contract, that if these buildings change use that further parking would be acquired and provided if retail uses are installed in the building. On motion of Councilman Taylor, seconded by Councilman Beebe, and by unanimous approval, action on the matter was continued until such an agreement can be prepared and presented to the Council. Councilman Miller stated there is another thing - there are ordi- nance violations here inasmuch as the structure was put up with- out a permit and Mr. Hutka is and has been a building contractor in the City for some time. It is almost prima facie that know a building permit is required, and this structure was put up without a building permit in violation of the approved plans. Councilman Miller commented that law and order is a very popular phrase, but it does not just apply to hippies, students and the poor, but it also applies to the establishment as well. It is well known there is a lack of confidence in the government, and CM-23- 386 A~. f;rt:c:,y ,; . ~':./-..-, 1).-;'" l {/' ~",t1'. there is a general distrust in government be- cause politicians/allow deliberate law viola- tors, who belong to the establishment Dccn3ion ~ and often the business community, to get away with flagrant violations of the law. Most of the members of our business community try very hard to abide by the law; there are always a few flagrant violators who give all the rest of them a bad name. It seems to him in this situation, when it is so ob- viou~~~atMrJ,ijutka ,knew about building permits and put this oui~"'uph4ai'ly-W~~~is is a case where we should finally go to the District Attorney. January 18, 1971 (Variance Appeal- Ed Hutka) Mayor Silva felt this is a legal matter and should be discussed in executive session and asked the City Attorney if this was correct. Mr. Lewis stated it was not a personnel matter; not qualified for executive session. Mr. Eaton stated he felt he had the right to respond to Mr. Miller's statement. Obviously, it is completely 100% unfounded; he thought if Mr. Miller would read the Planning Commission meeting minutes, he would see that Mr. Hutka did not know what it was all about at that time; he did not even realize he had to get a variance at that time; he felt he had a completely wholesale building and as indicated in the minutes if it was completely wholesale, he had enough parking spaces. As such, he was under the understand- ing that he was building a wholesale building and had enough park- ing spaces; however, it was later ruled by the staff that perhaps in the future we may have some retail business in there and as such, we need more spaces. He did not think it was flagrant. Mayor Silva stated that regardless of what Councilman Miller had stated, it was the decision of the Council what is to be done in this matter and Councilman Miller stated that for the purposes of furthering law and order would make the motion to direct the staff to take the case to the District Attorney; however, the motion failed for lack of a second. Councilman Miller commented that the Council members had made his case: that law and order only applies to those who are not members of the establishment. Mayor Silva suggested that Councilman Miller retract the last statement inasmuch as it was a very unfair and unjust remark, however Councilman Miller stated he would not. * * * A communication had been received re mobile home parks and a request to transmit a letter to the League of California Cities urging initiation of legislation to assure certain taxes and allowance for school construction funds. COMMUNICATION RE MOBILE HOME PARKS Mayor Silva stated he had asked that this item be continued until this time, and now asked that the matter be again continued until next meeting. * * * Mayor pro tempore Miller took the chair at this time since Mayor Silva stated his interest in the matter precluded discussion of it. The Standard Oil Co. is planning a new service station installation at the corner of First Street and Portola Avenue and have been re- quested to include in their improvement plans certain adjacent street improvements and storm drainage facilities. Certain of the REPORT RE DEVELOP- MENT OF PORTOLA AVE. AND FIRST STREET (Standard Oil Co.- City) CM-23-387 January 18, 1971 (Portola Ave., First st. Development) improvements lie outside of the developer's area of responsibility and must be paid for by the City. A map of the proposed improvements was presented to the City Council and explained by the Public Works Director. On motion of Councilman Pritchard, seconded by Councilman Beebe, the Council voted unanimously to authorize the financial partici- pation of the City in the project, with Mayor Silva abstaining from the vote. WATER RECLAMATION PLANT EXPANSION * * * The Public Works Director has submitted a report on the Water Reclamation Plant Expansion, indicating that our present plant is approaching 80% of its de- signed capacity and the Regional Water Quality Con- trol Board requires that the City submit a report and engineering study to outline its plans for expan- sion of the treatment facilities. The Public Works Director recommends that an engineering consultant be retained (Brown and Caldwell). The following resolution was introduced by Councilman Beebe, second- ed by Councilman Miller, and passed unanimously: REPORT RE VALLEY PLANNING COMMITTEE RESOLUTION NO. 6-71 A RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES WITH BROWN AND CALDWELL FOR ENLARGEMENT OF SEWAGE TREATMENT PLANT. * * * Councilman Taylor made a report on various aspects of the Valley Planning Committee meeting of January 14, and in particular the request that member agencies be given permission to make a proposal to Alameda County for the land use planning of Camp Parks. Councilman Taylor made a motion to send a letter to the Valley Planning Committee endorsing this action; the motion was seconded by Councilman Pritchard and approved unanimously. Councilman Miller stated he had been assigned the job of ralslng the necessary funds for the environmental symposium to be held by the Valley Planning Committee. Councilman Beebe made a motion, se- conded by Councilman Taylor, to expend up to an amount of $350 for the purpose of hOlding such symposium, and the motion passed unani- mously. Councilman Taylor indicated the symposium is tentatively set for April 24 at Amador High School. REPORT RE DENSITY TRANSFERS PROPOSED ORDINANCE RE ZO AMEND- MENT (Portola Ave., Mosure) AYES: NOES: * * * A report from the Mayor regarding density transfers was continued to the meeting of January 25. * * * On motion of Councilman Pritchard, seconded by Coun- cilman Beebe, the first reading of the ordinance to amend the Zoning Ordinance and rezone that pro- perty on Portola Ave. from RG-16 to ID District was waived (title read only) and by the following vote the ordinance was introduced: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller CM-23-388 Councilman Beebe asked what the schedule was for installation of traffic signals at Rail- road Ave. and P street. The Public Works Director said this was quite high on the priority list and he would check on the exact * * * January 18, 1971 MATTERS INITIATED BY COUNCIL (Traffic Signal) schedule. Councilman Taylor stated that since the LARPD (Camp Parks) is not a member of the Valley Planning Committee, the City should write LARPD a letter concerning VPC's proposal regarding land use of Camp Parks, and also invite them to attend the meeting. * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 1:00 a.m. to an executive session to consider appointments to the Library Board. * APPROVE ATTEST * * * Regular Meeting of January 25, 1971 A regular meeting of the City Council was held on January 25, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Silva presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * The minutes of the meeting of January 18, 1971, were approved as amended on motion of Council- man Beebe, seconded by Councilman Miller, by unanimous vote. * * * Jack Phillips, 551 No. P Street, referred to previous discussion regarding election of the mayor and said he would like to see this on the April ballot as well as a vote on a char- ter type government. ROLL CALL MINUTES OPEN FORUM (Signs - Election) He asked the status of action regarding the illegal sign he had erected in his yard. The Planning Director informed him that the record had been sent to the District Attorneyls office. CM-23-389 January 25, 1971 (Planning Commission) until March Chairman or Mr. Phillips asked how policy was set for the Plan- ning Commission meetings - by the Commission or by the Council. He had not had an opportunity to speak on an item regarding highway oriented signs before a motion was passed by the Commission for continuance 1. Mayor Silva said he believed this was for the Commission to decide. Mr. Musso stated that generally the Planning Commission allows any- one to speak before action is taken; in this particular case there would be a public hearing at which time all would be given a chance to speak. Mr. Phillips asked the removal of the Planning Director on the basis of incompetance. Mayor Silva said this was a personnel matter and as such would be discussed in an executive session, but he did not believe any of the Councilmen shared this opinion. Mr. Phillips then requested that the City sign at the golf course be removed in one week in accordance with the sign ordinance regard- ing highway oriented signs. Mayor Silva said this would be con- sidered along with abatement of all non-conforming signs. Acceptance Tract 3129 (Hofmann) Appointment to Library Board * * * CONSENT CALENDAR All public works improvements have been installed to City standards on Tract 3129, located at Isabel Ave. and East Stanley Blvd., and are ready for acceptance and maintenance by the City. RESOLUTION NO. 7-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3129 (Hofmann Company) * * * RESOLUTION NO. 8-71 APPOINTMENT OF MEMBER TO THE LIBRARY BOARD (Jack Rosengren) The Council also directed that a letter of appreciation for service be sent to Arthur Hudgins for hls term of office on the Library Board. Report re Painting of Covers on Street Lights Minutes (Various) CM-23-390 * * * A report was submitted from the Beautification Com- mittee regarding painting of the covers on street lights. It was recommended that Fuller Color D-37 (Engine Gray) be used for painting the street light covers, and for painting of any new lights installed in the future. The work will be done by P.G.& E. Co. as part of their routine maintenance. * * * The minutes of the Beautification Committee meeting of November 19, and the Housing Authority meeting of December 15 were acknowledged. * * * January 25, 1971 Applications for exempt business licenses have been received from the following: Exempt Business Licenses Livermore-Amador Valley Emergency Fund Center - sale of used materials - 1971 year Order of DeMolay - painting house numbers on curbs * * * Ninety-one claims in the amount of $43,702.64 Payroll and Claims and two hundred fifty-six payroll warrants in the amount of $79,687.62, dated January 21, 1971, were ordered paid as approved by the Finance Director. * * * On motion of Councilman Pritchard, seconded by Councilman Miller, the Consent Calendar was approved by unanimous vote. Approval of Consent Calendar * * * The Planning Director stated this is a request for variance regarding increase in allowable sign area and reduction of setback for a direc- tional sign submitted by state Savings and Loan Association. Three sq. ft. is allowed, and the request is for 6t sq. ft. APPEAL RE VARIANCE DIRECTIONAL SIGN (State Say. & Ln) David Madis, attorney representing the applicant, stated a con- tinuance had been requested for further study regarding the lo- cation of the sign. They were requesting a larger sign with no setback on the grounds of public safety; alternatively they would like to have the larger sign with the standard setback. The building is now occupied as a business facility and there is a problem due to the configuration of Stanley Blvd. and the speed of the traffic. They wished to locate the sign where it would be effective; the sign is not advertising, but is directional in nature, directing traffic to a drive-in window. Councilman Pritchard discussed some existing signs of similar nature where drive-in windows are used and did not feel any of these signs seemed to be exceptionally large; anything smaller would not accomplish the job of indicating location of the drive-in windows. A small sign would be difficult to see at the location on Stanley Blvd., especially with the fence which has been erected. Councilman Beebe felt it might be better to grant a variance for location of the sign closer to the street so that it might be easily seen. Councilman Miller said that if the fence was not required by the City, the applicant has created his own visibility problem. Mr. Musso informed the Council that the property under considera- tion is in the CO (Commercial Office) District zone and has a zero setback; the adjacent property is zoned agricultural at present but might be zoned CO in the future. Mayor Silva stated that if the adjacent property were developed in the future as CO, a building erected there might also create a visibili ty problem. t1~ l~kflli~~~.J Councilman Taylor said that a three foot sigrlA seJ:acR,lal required might be hard to see, but he did not know on wha~u~rounds it could be granted without setting a precedent. In an ordinary business district a 3 sq. ft. sign is adequate, but the traffic on Stanley Blvd. is fast and creates a problem in seeing a 3 sq. ft. sign. CM-23-391 January 25, 1971 (Sign Variance State Savings) If a larger sign is allowed, it might be allowed until the traffic speed is reduced. A zero set- back would be a bad precedent; he felt the sign size could be increased to 6t sq. ft. as requested by the applicant, but deny the reduction in setback. Councilman Miller stated that much of the company's business would come from the east side of Stanley Blvd. and the sign would be visible from there. The sign will be used to direct people to the parking lot as well as the drive-up window. People who will use the business will know that it is there and the sign will not be for the benefit of those wishing to use the services of the drive- up window. It is for marking the location of the driveway and there is not a need for a larger sign. The visibility of the sign can be adequate at 3 sq. ft., and the need is irrespective of the speed of traffic. He felt if a variance is needed, it is for a reduction in setback, not the size of the sign. A portion of the fence could be lowered to allow better visibility. Councilman Pritchard pointed out that a turn could not be made into the parking lot when travelling westerly, only when travelling easterly. Councilman Taylor said it had been pointed out to him that in the downtown area drive-up windows cause traffic jams, and he felt it was important to include "drive-up window" on the sign. Mr. Musso stated that a setback of 5 feet would be less a traffic hazard than a setback of zero feet; it would depend on the height also. Councilman Beebe made a motion to deny the request for the variance as requested and to allow a 3 sq. ft. sign, 5 ft. in height, with a 5 ft. setback, seconded by Mayor Silva, and passed by the follow- ing vote: AYES: NOES: Councilmen Beebe, Miller and Mayor Silva Councilmen Taylor and Pritchard Councilman Pritchard felt the setback of 5 feet accomplished nothing. Mayor Silva told the applicant that the building was one of the most attractive in the community and Councilman Miller added that the community room which has been provided will be appreciated by the many community groups in the City. The applicant's representative said that he appreciated the efforts of the City and their cooperation during construction. * * * CUP TO PERMIT AUTOMOBILE SERVICE USE (Wm. Dalrymple) The Planning Director reported that the Conditional Use Permit application is for the occupancy of an existing building at 240 No. I Street for the pur- pose of an automobile repair garage. The Planning Commission and the staff concur that the use is appropriate and would not be detrimental to adja- cent uses and the recommendation is for approval. The only condi- tion is for outside storage of automobiles and states there must be six foot screening fence in the event automobiles are stored outside in the future. There was a public hearing with no signi- ficant testimony except from the applicant. William Dalrymple, 781 Meadowlark Street, explained his plans for operation of this repair service and said there were no plans for outside storage. Councilman Taylor, made a motion, seconded by Councilman Beebe, to approve the Planning Commission's recommendation for approval CM-23-392 January 25, 1971 of the CUP as stated in Res. 1-71 for the use as an automobile repair shop. (CUP-Dalrymple) Councilman Miller referred to Commissioner Millard's suggestion that fast growing shrubbery be planted along the back property line to screen the residential. Councilman Miller made a motion to amend the main motion to delete Items 4 b., 5 a. and b. from the conditions of the permit relative to outside storage. After further discussion with the applicant it was mutually agreed that the condition referring to outside storage should be left in the permit, and the motion to amend was withdrawn. The motion for approval was passed unanimously. * * * A tentative map of Tract 3285 for property on the south side of Murrieta Blvd. at Fenton St. has been submitted for approval by Daniel Gillice. TENTATIVE MAP TRACT 3285 (Gillice) Councilman Miller requested that this item be continued for one week as the Council had not received copies of the staff or en- gineering reports until just before the meeting; he wished to have time to review these reports. The Planning Director stated the proposal is to subdivide an exist- ing apartment house by means of establishing a condominium. There is no subdivision of land, but subdivision of the space within a building; the land remains in one ownership, but it is still classi- fied as a subdivision under the Subdivision Map Act. The issue discussed by the Planning Commission is park dedication. Half of the development, the orignal apartment, was a post-1962 annex- ation and, therefore, is subject to park dedication. The subdi- vision which contained the whole parcel is before the 1965 enabling legislation so park land cannot be requested under park dedication under the subdivision ordinance. There is the dedication of about .6 acre under the annexation agreement, which was to be in money, and he suggested that the park dedication be required from the land on the Arroyo Mocho area east of Holmes St. The other issue involves whether or not the proposed subdivision is a circumvention of a cluster development ordinance. In a prior case (Elliott) there was a piece of property zoned multiple and the developer wished to develop single family lots by subdivision and needed variance to build single family lots in conformance with multiple lot regulations. In the present case, here is a multiple which is to be developed as single family dwellings. The question is whether a condominium is a single family dwelling; by definition of our ordinance it is not. Such steps might be taken in order to circumvent the law. Mr. Musso did not feel this was the case in the application before the Council, but it would be possible. Also, there are other details which need to be con- sidered: one is that a homeowner's association is being proposed; second, the Fire Department would have established different re- quirements for single family units. There are also different requirements for the quality of the parking area. The design conforms to zoning regulations and the Condominium Map Act. Discussion followed concerning the application of park dedication requirements of the parcel. The City Attorney said he felt the one-half of the parcel that was not subject to the previous park dedication requirements is subject to it now. He did not feel he could justify applying a new standard in a situation where a building has been built and is now being subdivided. One-half would be subject to our existing ordinance standard of two acres per hundred units or fees in lieu of land. This leaves a problem CM-23-393 January 25, 1971 (Tract 3285 as to where the land could be acquired as this is Tentative Map) an existing building. The requiring of fees is still somewhat in limbo because of the decision of the District Court in the park dedication case. Whether fees can be used, and to what extent, will not be decided by the Supreme Court for another sixty to ninety days. Fees might be decided upon and held until the decision of the Supreme Court is made. Mayor Silva asked the attorney representing the applicant if it would be acceptable to continue this item. Mr. Madis replied that it is urgent that a decision be made so that work on this project might proceed. Under the State Subdivision Map Act there is no choice except for approval if the property is built according to City standards. As to park dedication he assumed the requirements according to the Supreme Court's ruling would be applied. The City Attorney stated that if a map complies in design with all of the City's ordinances there is no choice but for approval. Mr. Madis advised that as a matter of courtesy the applicant would agree to continue the matter for one week. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to continue consideration of Tentative Map of Tract 3285 for one week, or until February 1, and approved unanimously. * * * PROPOSED COMMUNICATION RE MOBILE HOME LEGISLATION The Planning Commission is concerned about the effect of mobile homes on the community and has prepared a letter to be sent to the League of California Cities regarding mobile home legislation for the Council's consideration. Generally it urges the passage of legislation to insure that mobile homes contribute to property taxes in the same manner as other resi- dential dwelling units and to allow mobile homes to be counted as foundations for the purpose of obtaining school construction funds. Mayor Silva stated he wished to delete the second paragraph as he did not agree with it. He ijuestioned if state legislation is changed so that mobile home units are treated the same as other dwelling units on the tax basis, would this enable developers to create a mobile home subdivision. The Council discussed this point briefly. Councilman Beebe stated he felt the matter should be presented on the basis of inequity rather than stating the method to be used. Councilman Taylor said the only reasonable method he had heard pro- posed was to tax mobile homes at the same rate as other units. Mayor Silva felt the letter accomplished the same thing without the second paragraph, but Councilman Taylor felt it was necessary to make the letter clear. Councilman Beebe said that a mobile home was different because in a single family home one person owns the land and the house, but a mobile home owner does not. The City Manager pointed out that there will be difficulty in assessing taxes on mobile homes in the same manner as other units since mobile homes do not always remain in one location for the entire year and it was agreed that there may be an administrative problem in working that out, but people do not want to continue subsidizing these units. Councilman Miller said the tax on mobile homes would have to be handled in the same was as a house - it would be taxed as of March 1st at its location. CM-23-394 January 25, 1971 Mr. Musso suggested that the words "and lot" be added in the fifth line of the second paragraph after the word"mobile home". (Mobile Home Legislation) Councilman Taylor made a motion to adopt the letter as presented by the Planning Commission with the addition of the words lland lotll as above stated; the motion was seconded by Councilman Pritchard and passed by the following vote: AYES: NOES: Councilmen Taylor, Pritchard and Miller Councilman Beebe and Mayor Silva * * * A summary of action taken by the Planning Com- mission at its meeting of January 19, 1971, was noted for filing by the Council. SUMMARY PLANNING COMMISSION ACTION * * * A report was distributed at the meeting of January lB, concerning the estimated cost for referring the question of trailer and boat storage to the electorate. Discussion on this matter was postponed until this meeting. REPORT RE REFERRING TRAILER STORAGE TO ELECTORATE The cost of obtaining voter registration lists and sending out a postcard survey on this matter would be approximately $1,523; for consolidation of this question on the April 20th School Board ballot it would be about $500; for a special election the cost would be about $5,000. The wording suggested by the City Attorney is as follows: llAlthough the vote on this measure is not binding on the City Council, your advice on the following question would be appreciated. Should the City Council adopt an ordinance which prohibits the storage of trailers and boats with- in the front yards in residential districts?ll Yes c=J No c:=J Mr. McMichael, 1574 Roselli Drive, took exception to the fact that the issue will be voted on only by registered voters. Coun- cilman Miller pointed out that anyone that wishes to have a voice in the community should be registered and there is no reason why they cannot be. Councilman Taylor made a motion, seconded by Councilman Miller, to place this question on the April 20th School Board ballot, and the motion passed unanimously. Councilman Pritchard asked if the matter of obtaining a vote on the question of an elected mayor could be included on the same ballot. The City Attorney advised that it could not as it would be the first step in a statutory procedure. Dan Gilmore, 1233 Olivina Avenue, said when the present ordinance was adopted it was not put to a vote of the people and he did not see why this should be done now. Ira Doss, 909 Norfolk Rd., felt it should be on the ballot as many people would not say how they felt. Councilman Taylor said if there is not a deadline of January 28 for the exact wording of the question the wording should be es- tablished at another meeting. It should make clear that trailers will not be allowed at homes with existing adequate setbacks. It should also make clear that storage would have to be in a safe manner. CM-23-395 January 25, 1971 (Trailer Storage) Councilman Miller offered the following wording: 11 Should the City Council keep the ordinance in effect since 1960 which prohibits the storage of trailers, boats and campers within the front yards in residential areas?" Councilman Taylor said the Planning Commission was specific in allowing front yard storage only in those cases where it is phy- sically impossible to store in the back yard. This was the real question. Mayor Silva said he thought the majority of the Council had gone on record that they did not think it was fair to differentiate the right of storage. Councilman Pritchard said Bo% to 90% of the present homes would not be subject to the ordinance if variances are built in to allow it in such cases. The ordinance would be ineffective. The only way to find out the feeling of the people is to ask whether we should or should not have the ordinance. Councilman Miller made a motion that the ballot include the following wording: "Should the City Council keep the ordinance in effect since 1960 which prohibits the storage of trailers, de- tached campers and boats in the front yards of residential dis- tricts"? The motion was seconded by Councilman Pritchard. Mr. McMichael did not agree with the proposed wording as he said his group wanted back yard storage where possible with allowance of front yard and side yard storage in other cases. Councilman Miller said it was unfair for some people to store in the front and othe~not; those who could store in the back would want to do so. If the people vote for front yard storage it would leave everyone equally placed. Councilman Taylor felt the public should be asked if the ordinance should be amended to allow front yard storage. He offered the following wording: "Should the ordinance be amended to allow front yard storage in those cases where back yard storage is not physi- cally possible?" Side yard storage has not yet been discussed. Mayor Silva felt that the majority of the Council have already in- dicated that they wanted to uphold the present ordinance or elimi- nate it. Mr. McMichael felt that the people would vote against any ordinance; he felt the ordinance should be amended as suggested by the Planning Commission. Val Yoakum, 3832 Dartmouth Way, said the people would not understand the proposed wording or be able to vote properly. Councilman Miller suggested that if the word "prohibit" is printed on the ballot in very dark bold face type it would help clear up , this problem. The motion to have the wording on the ballot as suggested by Coun- cilman Miller was passed by the following vote: AYES: NOES: Councilmen Pritchard, Miller and Mayor Silva Councilmen Beebe and Taylor A motion was made by Councilman Miller, seconded by Councilman Taylor, to adopt an appropriate resolution to place this question on the April 20th ballot of the School Board, and was approved unanimously. RESOLUTION NO. 9-71 * * * CM-23-396 January 25, 1971 After a short recess the meeting was called back to order with all members present. RECESS * * * Mayor Silva said he had worked with the Planning Director on a proposal for density transfer. The question is how to obtain needed open space, and hopefully prevent urban sprawl. He proposed to use the north side of town as an example of his proposal. REPORT RE DENSITY TRANSFER Suppose there are the foothills on the north side and a green belt from about 600 ft. elevation down to about 200 ft. with a density of 1.5 per acre. There is higher density at lower elevation up to 3 d.u./acre near Springtown. There is a developer in Spring- town who owns land zoned at 3 d.u./acre; if he wished to have this area at 6 d.u./acre he might trade a portion of the periphery or green area to be dedicated forever as open space for the higher density. This would provide perpetual open space. If this were done for all the City, the holding capacity would be kept within certain set limits. There are technicalities to be considered as to method and formula for implementing this proposal. Councilman Pritchard said the problem he foresaw was obtaining the land for open space from present owners and Mayor Silva in- dicated it might be purchased by the developer, given to the City, and then possibly leased back to the owners for farming purposes. Councilman Taylor said that undeveloped land today carries with it the right to have homes built on it and is so taxed. Such a policy would decrease the tax in this case. Land presently zoned for multiple would come down in value if such a policy were adopted as other land could be available for multiple construction in exchange for open space. It might help equalize taxes Councilman Miller said one problem would be choosing the land to be turned over for open space. It would have to be worthwhile. Councilman Beebe pointed out that some of the outlying areas under 600 ft. elevation are selling for $1,000 to $2,000 per acre while in town it is selling for $6,000 to $8,000 per acre. Councilman Miller said there would have to be financial equity too; the transfer should be based on equal value, not just equal land, however, Mayor Silva stated that if this were done there would be no incentive for a developer to want a density transfer. Councilman Taylor felt the City should be careful not to extend its planning area too far; the existing General Plan boundaries at the 600 ft. contour should be retained. Councilman Miller said it would be essential to take away density equal to the higher density granted so that the holding capacity would remain the same. There should be a discussion as to what the planned holding capacity will be in relation to the smog and water situation. Mayor Silva stated there would have to be a precise plan for the core area setting the boundaries. Councilman Taylor said he thought it was a good idea and worth exploring. The Council discussed the implementation of such a proposal and the problems that might be encountered. The City Attorney pointed out that there would be serious legal problems involved. For example if there were two equal parcels CM-23-397 January 25, 1971 of 40 acres, and one property owner comes to the City in 1975 and gets a density of 10 or 15 d.u./acre in exchange for some open space; then later the owner of the other property comes in and asks for the same density as all the property adjoining his property, but he has no offsetting open space to dedicate to the City, the Council denies this request, and he takes the case to court. If he wins, he and people situated allover the City will be able to build at the same density as those who have already built under the density trans- fer policy. Similarly situated properties must usually be treated the same way. (Density Transfer) Mayor Silva requested that the minutes of the Council's discussion be given to the Planning Commission prior to their discussion. Councilman Miller said this would really be a major study of the General Plan in regard to open space, holding capacity, and how such holding capacity will be maintained, and whether our proposed 180,000 holding capacity is realistic. Councilman Beebe felt something must be done to stop the checkerboard development of the Valley, and this might be a way to get creative development. ORDINANCE RE REZONING (SW Side of Portola Ave. Northwesterly of Intersec- tion With Murrieta Blvd.) AYES: NOES: * * * ORDINANCE NO. 734 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to waive the second reading of the above ordinance, and the ordinance was passed by the following vote: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller PROPOSED ORDINANCE RE FUTURE WIDTH AND SPECIAL BLDG. LINES (East Ave.) MATTERS INITIATED BY STAFF (Portola Deannexation) * * * The City Attorney stated that some problems had been encountered in writing the proposed ordinance re future width lines and special building lines on East Avenue between Vasco Road and Madison Avenue and asked that its introduction be postponed. * * * The City Attorney stated he had received a call from Mr. Flynn of the County Planning staff who had in- formed him that the area within the Portola Ave. Deannexation was zoned at Rl-B2, which is a 20,000 sq. ft. lot designation. He felt that there had been commitment, at least on his part, to the owner of the deannexed property that the property would be returned to the same situation as when it came into the City. Therefore, he requested the Council amend its previous letter to the Planning Commission and suggest that the property be returned to the 10,000 sq. ft. lot designation. The Council concurred that it was their intent to have the property returned to its original zoning designation, and the City Attorney will so inform the Planning staff. MATTERS INITIATED BY COUNCIL (Signal Light) CM-23-398 * * * Councilman Beebe inquired as to the status of the light signal at "p" Street and Railroad Avenue. The Director of Public Works said his report was forth- coming. January 25, 1971 Councilman Beebe referred to the previous state- (Illegal Sign) ment that the matter of the illegal sign at 551 No. "p" Street had been turned over to the Dis- trict Attorney. The Planning Director stated the procedure was to advise the City Attorney oE the existing circumstances oE the vio- lation, and the City Attorney and District Attorney can then de- cide whether or not to prosecute. * * * Councilman Taylor asked for a report regarding appointments to the Board of Appeals; whether such appointments had a definite term, and if so, what it was. (Board of Appeals) * * * Councilman Taylor referred to the lack of provi- (Bus stop) sion for a bus stop in Livermore and stated he felt there was a definite need for some type of facilities in this area, perhaps in connection with a public rest- room. The Council discussed the problem and possible ways to provide such service. Councilman Miller felt the Public utilities Commission should be contacted once again to see what can be done. Councilman Beebe stated that perhaps some non-profit organiza- tion, or the Chamber of Commerce, might be able to do something in this connection. The Council directed that the Chamber be contacted and the problem presented for their consideration. * * * Councilman Miller inquired as to the status of (Developer's Signs) the problem regarding developer's signs on pub- lic right-of-way. The Public Works Director said the two companies involved had been contacted and they had advised they would discontinue the practice. * * * The Council discussed the possibility of having (Audit) a member of the firm who made the recent finan- cial audit discuss the report with the Council. The decision was not to do so at this time. In response to a question from the audience, the staff was directed to place a copy of the audit in the library. * * * There being no further business to come before the Council, the meeting was adjourned at 11:10 p.m. ADJOURNMENT ATTEST .', J~ * * APPROVE * * * CM-23-399 Regular Meeting of February 1, 1971 A regular meeting of the City Council was held on February 1, 1971, in the Municipal Court ChambersA 39 So. Livermore Avenue. The meeting was called to order at ~:15 p.m. with Mayor Silva presiding. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES OPEN FORUM (Restoration of Fire Engine) * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * A motion was made by Councilman Beebe, seconded by Councilman Taylor, to approve the minutes of the meeting of January 25, as amended, and passed unani- mously. * * * Mrs. Plechaty, 482 Pomona Court, spoke in regard to the restoring of the City's old fire engine; she said she had volunteer teenage labor for the project, but needed the permission of the City and provisions for a place to keep it during the restoration and financial aid. Mayor Silva requested that Mrs. Plechaty contact the City Manager in this regard and he would then make any recommendation necessary to the Council. PUBLIC HEARING RE REZONING SW CORNER EAST AVENUE AND HILLCREST (Tompkins) * * * The public hearing regarding the rezoning application submitted by Josephine Tompkins for property on the southwest corner of East and Hillcrest Avenues from RL-6 District to RG-16 District has been continued to this time from a previous meeting. Mayor Silva read a letter from Burke M. Critchfield of the law firm of Miller, Critchfield and Eaton, representing the applicant, stating that the appli- cant wished to withdraw the rezoning application. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to con- sent to the withdrawal of this rezoning application, and was approved unanimously. SPECIAL ITEM (Non-return- able Containers) * * * The Board of Supervisors recently passed a resolu- tion regarding the sale of beverages in disposable non-returnable containers. The Council has been requested to endorse this resolution. Harold Halpin, 943 Laguna, presented a film which is shown to employees of Continental Can Company and relates some of the back- ground of the packaging industry. Mr. James Dale, representing the Glass Container Manufacturers Institute, stated his organization represents 90% of the manu- facturing firms in the state and the nation. They had been working in the field of litter and solid waste for some time and since 1969 there has been a drop in the litter index of 3.5%. They had also helped in obtaining the passage of the "Litter Law" which includes CM-23-400 February 1, 1971 fines for littering and signing provisions. They had helped promote the federal statute, Resource Recovery Act of 1910, which provides funding for local governments for solid waste disposal solutions. They had been working in these areas for some time not just as a part of the recent ecology movement but as a recognition of their responsibility. He presented a chart indicating the composition of litter; the percentage indicated for glass of 5.8% was for both returnable and non-returnable glass. Actually, after deducting for all returnable items only 2.9% re- mains as non-returnable items. The industry is doing a great deal to solve the problems in both legislation and public educa- tion fields. Recycling is a basic solution, and such programs have been set up to reuse glass. The can companies have been working in the recycling field also and are planning to have all of their locations eventually set up for recycling centers. Mr. Dale explained that their objections to the particular resolution are: 1) the glass and can fields are cited as the problem; 2) re- quirement of a deposit as a solution; 3) the concept of a biode- gradable container, which they feel is contrary to the health and protection of the consumer. The recommendation of the glass container industry is for a resolution similar to the one under consideration with the deletion of reference to a required de- posit and biodegradable container. (Non-returnable Containers) Councilman Taylor asked what incentive would be given for the return of glass containers for recycling. Mr. Dale said they had been paying for such returns to organizations which have been collecting them; federal funding is in part available for solutions for recovery from the dumps. Housewives make the choice in the stores between returnable and non-returnable con- tainers and statistics indicate lower returns on returnable items. The City Manager asked if participation in recycling efforts by the glass companies is voluntary or compulsory. Mr. Dale replied it is entirely voluntary, but it is being done and cited the Los Angeles area as an example. Mr. Halpin, speaking on behalf of the can companies, said that they were participating in the field of education and recycling. He described pilot programs being conducted in the schools regard- ing litter and recycling programs. They are willing to work with any organization in this field. Leon Dillenburg of the Bay Area Grocers Association, Inc., indicated his particular reason for coming before the Council was to point out certain factors regarding a potential resolution versus an ordinance regarding the use of soft drink cans and bottles. They recognized the need for a resolution to make people aware of the problem but were opposed to an ordinance. Mr. Dillenburg stated litter does not occur by itself, and enforce- ment of litter laws will help eliminate this problem. Eventual reclamation at the dump site or transfer site is the way to approach this problem. He discussed bottle return rates and stated the Bay Area has about 6 to 7 tripage rate as opposed to 30 to 35 times twenty years ago, even though the current deposit is 5i each rather than 2i. Grocery bills will have to include the clerking time necessary to cover handling the returnable con- tainers; the health hazards will multiply as more returnable containers are handled. The one-way bottle resulted from desire from the consumer for such products. One of the glass manufacturing companies reported that up to 50% of the new glass product can be reused glass, but they do not have enough old glass for their needs at present. Mr. Dillenburg recom- mended that a resolution rather than an ordinance be adopted in regard to this problem. Oliver Martin, 387 Pestana Place, said he had worked with Scout troops in cleaning roadsides of litter. A good portion of this CM-23-401 February 1, 1971 (Non-returnable Containers) litter has been cans, and lately non-returnable bottles and he did feel an ordinance should be passed requiring a deposit on bottles, and re- quested the Council to consider paying the cost of transfer of items which have been gathered for recycling. The City Manager was requested to contact the dump operator regard- ing the possibility of eliminating a charge for such groups as the Scout troops when they dispose of litter they have collected. Ernest Plechaty, 482 Pomona Court, said that if the can and bottle companies were really concerned they would more actively engage in the collection of their containers. The people who create the problem through advertising should be responsible for solving the problem. His feeling is that there should be a significant depo- sit on the bottles. Lloyd Jansen, 516 Adelle, said the amount of bottles returned for recycling in Los Angeles is minute fraction of the total. He thought advertising is responsible for the consumer's choice of non-returnable bottles. Jack Phillips, 551 No. P Street, stated it is not cheaper to buy non-returnable bottles; the public should be reeducated in this regard. He said it is hard to enforce the anti-littering laws. The City Attorney said there are two problems involved in any ordi- nance in this field: application of the constitution and a large body of law that is applicable to beverages, hard liquor, wine and beer, and also the equal protection under the 14th Amendment of the U. S. Constitution. In order to have a valid ordinance, legal ques- tions as to both of these areas would have to be surmounted. Sec- tion 22 of the Constitution states, "The State of California sub- ject to the internal revenue laws of the United States shall have the exclusive right and power to license and regulate the manufac- ture, sale, purchase, possession and transportation of alcoholic beverages within the State..." The only way this could be handled would be to perhaps require a return of the empty container. As to equal protection, this would concern picking out one of a number of equally related things and placing regulations on it without reason without regulating the rest. An ordinance which picks out a certain type of container for regulation would have to stand the test of whether or not it is a reasonable classification. The City Attorney in Berkeley has advised the Berkeley City Council that there is a distinct problem in classification and advised them that an ordinance prohibiting the sale of soft drinks without return would prescribe the constitutional protection against unequal classi- fication. Mr. Lewis said he was not convinced at this point that this is the right answer, and he wished to reserve the right to con- sider this problem. He had written to a larger City in the midwest about such an ordinance but had not received a reply. Mayor Silva inquired if there was a court case involving the City of South San Francisco's ordinance. Mr. Lewis stated he would write the City Attorney of So. San Francisco requesting a copy of their ordinance as well as a report on the progress of the litiga- tion. This case will be a test of whether such an ordinance is valid or not. The Council discussed whether they should consider an ordinance now or wait until the staff has studied the matter and is able to present a full report. Mayor Silva made a motion that an ordinance banning the sale of non-returnable containers be delayed for con- sideration until the court case of So. San Francisco is decided, but not for a period of more than one year, seconded by Councilman Beebe. The motion failed to pass by the following vote: AYES: NOES: Mayor Silva and Councilman Beebe Councilmen Taylor, Pritchard and Miller CM-23-402 February 1, 1971 Councilman Miller stated that although the staff (Non-returnable has already been directed to report on this mat- Containers) ter, he would like to have a draft of a proposed ordinance prepared for the Council's consideration. Councilman Miller made a motion that the Council adopt the reso- lution adopted by the Alameda County Board of Supervisors with the exception that the second paragraph stating, "Whereas cannot be solved on a local level, but must be dealt with on at least the State level." be deleted. Councilman Beebe felt that the problem is greater than just the soft drink containers; paper seemed to be the item that accumu- lates and there is no ready solution for their disposal. The whole problem must be studied. Councilman Miller pointed out there is an existing technology to handle bottles and cans and a market for their return; paper is a different situation. Councilman Pritchard did not feel the second paragraph could be deleted, and Councilman Taylor said that the resolution was directed to the State level for action; the second paragraph does not mean that nothing can be done at the local level. There was no second to Councilman Miller1s motion. Councilman Taylor made a motion, seconded by Councilman Pritchard, to endorse the Board of Supervisors Resolution No. 137000 with the addition of the wording "and recycling" to Item (b); the motion passed unanimously. Councilman Miller discussed some of the comments made by the speakers in previous testimony. He stated that people should be educated to return bottles and to prohibit the sale of non- returnables; the use of non-returnable bottles is merely a shift in the cost of packaging. RESOLUTION NO. 11-71 SEEKING ACTION TO ALLEVIATE PROBLEM OF LITTER AND WASTE DISPOSAL CONSENT CALENDAR A copy of a resolution passed by the Board of Supervisors appointing Dr. John Shirley as a member of the Airport Land Use Commission of Alameda County was acknowledged. * * * A report was submitted from the City Manager re delinquent business licenses, recommending that a motion be adopted instructing that no- tice be directed to the two firms, however, Mr. Parness indicated that such notice was not necessary at this time since both had since paid the required fees. * * * Appointment of Dr. John Shirley as Member of Airport Land Use Comm. Report re Delinquent Business Licenses The City Manager reported that the Federal Aviation Administration has transmitted the draft of an amendment to the grant agreement for the airport. This refers to the grant for Project No.1, which initially undertook property acquisitions, and, primarily, construction. They have requested the deletion of a small amount of acreage, approximately 26, that was recommended by us for inclusion as a portion of the airport site. This amend- ment concurs with this deletion, all of which has been taken into account in the final accounting for our claim against the FAA for Report re FAA Grant Agreement Amendment CM-23-403 February 1, 1971 (FAA Grant Agreement) Exempt Solicitor's Permit Approval of Consent Calendar Report re Tentative Tract Map 3285 (Gillice) receipt of the balance of funds due us. When this amendment is filed a final audit can be made on this project. It is recommended that a resolution be adopted approving the amendment. RESOLUTION NO. 10-71 A RESOLUTION AUTHORIZING SECOND AMENDMENT TO THE GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION FOR PROJECT NO. 9-04-134-D501. * * * An application for an exempt solicitor's permit was received from the Zion Hill Missionary Baptist Church of San Francisco and consistent with past policy, it is recommended that the application be denied. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the items on the consent calendar were approved. * * * The report from the Planning Commission regarding the tentative map of Tract 3285 was continued from the meeting of January 25. Mr. Lewis, City Attorney, advised that State law requires that the City Council cannot deny condo- miniums unless the condominium itself violates a rule, regulation or ordinance of the City. The section makes no distinction between the map which has an unbuilt upon parcel of land and that which does. If a building is on a piece of land when divided would comply with all the zoning ordinances, drainage, etc. of the City, it would not be subject to denial merely because of the fact that it is a condominium development. Mr. Lewis stated he felt that a condominium is subject to a city's park dedication ordinance. If for some reason it is substandard in some respect that can be modified (perhaps this would be the drainage or provision for utilities,) this might also be provided. But basically, if it complies, you must allow condominium subdi- visions. Councilman Miller stated it was his feeling that in this circum- stance an apartment is being turned into a single family subdivi- sion through the mechanism of a condominium, and there is not single family zoning category that is 16 d.u./acre, and therefore it does not satisfy our single family zoning ordinance, and he felt this would be reasonable grounds for denial. Councilman Taylor questioned if any park dedication in this regard would be a separate matter. Mr. Lewis replied it does warrant some discussion, but it is a separate issue; it should be resolved now for the understanding of the City, and the applicant. Any requirement should also be attached to the map, and he felt it could be required as a condition of the approval of the map. The Council could provide that it be in abeyance until the final de- termination of the Supreme Court's decision in the Walnut Creek case which should be occurring in the next sixty days. Councilman Miller suggested that if it is going to be approved, they could take land which is in the existing decision. Councilman Taylor stated they should be advised that the City is due park dedication from this subdivision and exactly how it should be included. CM-23-404 February 1, 1971 Mayor Silva asked if there is some park dedi- cation owed that has not been paid as yet, and Mr. Lewis replied it was his understanding there is park dedication provided in a previous approval of this develop- ment which is not in the form of land, which is not so dedicated but has been required. (Tract 3285 - Gillice) Mr. Musso stated that in the original approval of the multiple there was some land (.6 acre) which was to be in fee, and the fee has not been settled because the final map has not been accepted by the City, and he suggested if the developer does own land to the east (as there is one more neighborhood park to locate in Area I) this could be part of the Arroyo Mocho pro- perty the City is attempting to acquire; there is a site that would make a good neighborhood park. Mr. Musso continued, that if the property was not in the developer's ownership, the fee could be collected and the property purchased. Mayor Silva asked how much would be dedicated, and Mr. Lewis stated that it would be under the new ordinance of 2 acres per hundred and would depend on the number of units, and Mr. Musso added that half of it would be covered under the annexation agreement, and the other half of the development under the sub- division ordinance, which would be roughly 1.2 acres. Mr. David Madis, representing the applicant, stated with regard to the park dedication, they would agree with the City Attorney that there should be a condition placed on the tentative map and when the State Supreme Court makes a final decision, it will be easy to resolve the issue. In response to Councilman Miller's statement, Mr. Madis stated that he had erroneously referred to this as a single family sub- division. It is not; it is a condominium - a condominium defined by the Civil Code of the State of California; it is a method of land conveyancing, not a subdivision of real property; it is the sale of interior wall space within a structure. A subdivision is defined as dividing a piece of property into a specified num- ber of lots. A condominium goes to the first coat of paint, so to speak, does not include the underlying terra firma; it does not include the supporting members and the structural supports, including the concrete foundation which is owned by an association. As far as this condominium is concerned, according to state law, it has been built, the improvements have been accepted and built in accordance with the City standards. He felt the City Attorney would agree that other than the question of an additional park dedication under the new ordinance applies, or whether the old ordinance applies, as far as the approval of the tentative map, state law is very clear that the only choice is approval and he respectfully asked that the Council do so. Mayor Silva asked Mr. Madis for his oplnlon regarding the park dedication to which he replied that it would probably be in the legal requirement, but did not wish to state an opinion pending the decision of the Supreme Court. Mayor Silva stated that more specifically he should ask if they would prefer to dedicate land, to which Mr. Madis replied in the affirmative if the land is available, but did not know at this time if it is. Mr. Lewis suggested that this decision be made upon approval of the final map. Councilman Pritchard made a motion for approval of the tentative tract map, subject to all engineering staff requirements, and the motion was seconded by Councilman Taylor. Mr. Musso stated that the City Engineer is recommending that before this tentative map is approved, that the original final map be accepted by the City. CM-23-405 February 1, 1971 (Tract 3285 Gillice) Mr. Lewis indicated that so long as the previous final is filed and recorded prior to recording of this map, he could see no problem. Public Works Director Doniel Lee stated he had recommended that the approval of the tentative be subject to the final approval of Tract 2745. There has been considerable delay in the completion of Tract 2745, and he felt this should be a point. Replying to a question by Councilman Taylor, Mr. Lee stated that the delay was due to payment of fees and correction of minor items. Councilman Miller suggested that the approval be conditioned upon the previous tract being final, and Mayor Silva stated that was in the engineering considerations, and that is included in the motion. Mr. Lewis stated the improvements had nothing to do with the tenta- tive per se and was not a valid condition. The City has the remedy insofar as the subdivision agreement exists and if the developer is not in compliance with that, they should pursue that avenue rather than attempt to condition the map. There was some discussion relative to the engineering considerations with reference to Tract 2745, and it was pointed out by the attor- ney for the applicant that some of the lots were owned by other persons. Mr. Lewis recommended that the engineering considerations be included as to the lot being resubdivided only. Mayor Silva suggested that the engineering considerations be amend- ed, and Councilman Pritchard made a motion that the engineering considerations be amended to state: "Therefore, prior to the ap- proval of Tentative Tract Map 3285, the subdivider shall complete all improvements of Lot 7 within Tract 2745". This motion was seconded by Councilman Taylor, and approved 4 to 1 with Councilman Miller dissenting. The vote on the original motion of Councilman Pritchard for approval of Tentative Tract Map 3285, subject to the Planning Commission's recommendation and the above amendment, seconded by Councilman Tay- lor, was voted on and passed 4 to 1 with Councilman Miller dissent- ing. Councilman Miller commented that what is being done is an evasion of townhouse standards, because for all practical purposes it is a townhouse and everybody recognizes this; there has to be some mechanism to prevent this kind of evasion of the townhouse stand- ards; it is imperative that a resolution be found for the question of condominiums and to change whatever ordinances are necessary to prevent this situation from happening again. Councilman Pritchard stated that a townhouse and condominium are two completely different things; there are no lots being divided. Councilman Miller felt Councilman Pritchard was miSSing the point as Councilman Pritchard was speaking of the legal descriptions, while he was talking about the effect of the uses of residential dwelling units. Councilman Taylor stated he could recognize the problem brought up by Councilman Miller, however he did not feel it had anything to do with the application at hand. One sees the mechanism whereby a desperate developer might try to get around the ordinances, but it is an imagined thing. The solution to imagining a problem like this is to look at townhouse laws or apartments and change stand- ards accordingly so it does not make any difference who the owner- ship is; they should be built by standards that are acceptable. * * * CM-23-406 February 1, 1971 Minutes of the Planning Commission meeting of January 19 were acknowledged for filing. MINUTES PLANNING COMMISSION * * * Councilman Pritchard made a motion authorizing the City's participation in the proposed coop- erative study regarding a comprehensive water quality management plan for the Alameda Creek watershed above Niles and payment of our pro- portionate share of the cost, seconded by Councilman Beebe. REPORT RE WATER MANAGEMENT CONSULTANT STUDY Councilman Taylor said that he presumed that a valley-wide cen- tralized facility would not be the only solution considered and the Public Works Director stated that the study will include consideration of continuation of existing entities operating their own systems. Both lines of consideration will be investigated. The City Manager stated that the Regional Water Quality Control Board strongly urges a combined effort, centralization and consol- idation. Our situation will be studied closely. He hoped the State authorities will use this study as a guide for future plans for water and sewage treatment and disposal. There will be a staff participant from the Regional Water Quality Control Board who will act as an observer rather than a voting member. He re- quested that Mr. Lee be designated as our representative on the technical committee, and that the cost of preparation by the con- sultant of our application for the grant be authorized. Councilman Pritchard agreed to inclusion of these two items in his motion, as did Councilman Beebe who seconded the original motion. The City Manager said the Water Board would like to have us work toward a consolidated treatment agency for the entire valley, which might mean that there would be more than one plant. Councilman Miller inquired if maintaining our own separate plant would include provision for a tertiary treatment plant, and Mr. Lee said this was inevitable because of standards set forth. Councilman Miller stated the sewer connection fee should reflect cost of future treatment. The Council also discussed the possi- bility of water treatment at the source, and the City Manager said this ooould be included in the scope of the study. The motion authorizing the City's participation in the cooperative water study and payment of our proportionate share of the cost, designation of Mr. Lee as our representative on the technical committee, and authorization of the payment of the application fee to the Regional Water Quality Control Board for requirements applicable to a plant expansion was approved unanimously. * * * A motion was made by Councilman Beebe, seconded by Councilman Miller, to waive the first read- ing of the Zoning Ordinance amendment to estab- lish future width lines and special building lines between US 580 to Tesla Road on Vasco Rd. and on East Avenue from Vasco Road to Greenville Road (title read only), and by unanimous vote the ordinance was introduced. PROPOSED ORDINANCE RE FUTURE WIDTH & SPEC. BLDG. LINES VASCO RD., EAST AVE. * * * CM-23-407 February 1, 1971 MATTERS INITIATED BY STAFF (Traffic Signal) Complaint re Parking The Public Works Director reported that the signal at Railroad Avenue and "P" Street is on the Capital Improvements Budget for 1972-73. Prior to that is the Vasco Rd. and East Ave. signal and Second and "L" Streets; also listed for 1972-73 are signals at Portola Ave. and Murrieta Blvd; Livermore and Porto- la Avenues and then the one at "p" Street and Rail- road Avenue. Perhaps circumstances would indicate a change in priorities. * * * The Public Works Director stated that the problem of automobile parking on the corner across from United California Bank had been corrected. * * * Report re BUD The City Manager reported that he had been in a re- cent meeting with the newly appointed area director of BUD. He felt that this representative reflected a new attitude of BUD that they are going in the direction of local inquiry before any actions are taken by BUD. Mr. Parness inquired specifically about "235 grants"; he also asked about allowing residential building without public facilities, such as schools, to meet the demand. He inquired if the FHA building program could be disallowed in the event of proof by the local government agency that certain facilities were not available. The BUD Director advised this was possible but only in the event of indisputable proof. MATTERS INITIATED BY COUNCIL (On-Street Parking) (Remarking Intersection) * * * Councilman Beebe referred to citations given regard- ing on-street parking downtown. Some merchants have complained this is hurting their business. The Council discussed the parking situation, but did not feel there should be any change at this time. * * * Councilman Miller inquired about remarking the inter- section on Stanley Blvd. at El Caminito. Mr. Lee stated the County controls this section, but he said he would check into the matter. * * * (Complaint) Councilman Miller stated he had received a complaint regarding glass on East Avenue. Mr. Lee said this area is in the County, but he would check to see what could be done. Councilman Miller felt the County should be requested to either sweep this curb area or contract with the City to do so. (Public Hearings- Open Space) (Acknow- ledgement) CM-23-408 * * * Councilman Miller felt the County should be requested to hold some of the public hearings regarding their open space plan in the Valley. The staff was in- structed to send such request to the County. * * * Acknowledgement of the Council's cooperation and dis- cussion regarding the trees at the Sunken Gardens was made by Mrs. Kirkewoog. * * * The Council discussed their decision to put the matter of the ordinance regarding storage of trailers, boats and campers on the ballot of April 20. February 1, 1971 (Trailer storage) Mayor Silva stressed his hope that the question will be understood by the people voting and there will not be any confusion regarding the wording. The Council expressed its understanding that if there is a majority "yes" vote the ordinance will be enforced, and a majority of "no" votes will indicate that the ordinance will be oappca.lc4. ~ / /J!~1/1~! A . ,L ~-=-IC. / r..:L-4.~ '- el. VC-- The City Clerk stated that the election will c;~e than $5~ due to requirements for redistricting by the County Clerk and additional personnel requirements. * * * There being no further business to come before the Council, the meeting was adjourned at 11:15 p.m. to an executive session to discuss Housing Authority and Beautification Committee appointments. APPROVE * ATTEST \....,/ * * * Regular Meeting of February 8, 1971 ADJOURNMENT A regular meeting of the City Council was held on February 8, 1971, in the Municipal Court Chambers, 39 South Livermore. The meeting was called to order at 8:10 p.m. with Mayor Silva presiding. * * * PRESENT: Councilmen Beebe, Taylor, Miller and Mayor Silva ABSENT: Councilman Pritchard * * * ROLL CALL Troop 939 of the Boy Scouts of America were present at the meeting and Jeff Hodgins led the members of the Council and those present in the audience in the Pledge of Allegiance. In ob- servance of the 61st anniversary of the Boy Scouts and the 49th year of this local troop, Dave Sexton addressed the Council regarding future activities of the troop and presented a copy of a booklet prepared on conservation projects and also a tree to be planted in one of the City's parks. * * * PLEDGE OF ALLEGIANCE AND SCOUT PRESENTATION CM-23-409 February 8, 1971 MINUTES OPEN FORUM (School Crossing Guard) (Councilman Pritchard was seated during the above presentation). A motion was made by Councilman Beebe, seconded by Councilman Taylor, to approve the minutes of the meeting of February 1, 1971, as amended, and passed unanimously. * * * Bud Bain, 469 Anna Maria Street, addressed the Coun- cil on behalf of the Sonoma Avenue School PTA re- garding the crossing at El Caminito and Sonoma Avenues. Due to the danger of the crossing it was requested that a crossing guard be placed at this intersection. Mr. Bain also submitted a petition with 257 names of parents of children attending Sonoma Avenue School. The staff was requested to present a report in this regard at the meeting of February 22. (Gift of Flag to City) (Request for Funds- Cultural Arts Council) (Request for Funds for Rodeo Parade) (Report re Entrance Sign) (Street Tree Plan) * * * CONSENT CALENDAR The Livermore Lodge, No. 219, I.O.O.F. and Livermore Rebekah Lodge, No. 154, have offered to present an official United States Flag to be flown on the City's flagpole. This offer was accepted and the gratitude of the City extended for this gift. * * * The Livermore Cultural Arts Council has submitted an estimated budget for the 1971 Festival of Arts to be held October 8-10, 1971, and requested funds of $1795. Tentative approval, subject to further con- sideration during the forthcoming budget hearings, was given to the request. * * * A request has been received from the Livermore Jaycees, requesting a grant of funds in an amount up to $1500 for the annual rodeo parade. Financial participation of the City in this event in an amount up to $1500 was approved, subject to a comparable amount being expended by the Rodeo Association and that an itemized listing of expenditures be supplied to the City. * * * A report was submitted from the Beautification Com- mittee regarding the Portola Avenue identification sign which will be a visually pleasing entry to our City. A model of the sign was also displayed and a listing of the cost submitted. * * * The staff presented a street tree plan several months ago which was referred to the Beautification Committee for their review. The Beautification Committee has recommended the addition of a provision that the City Street Tree Policy permit the removal and replacement of the planted street tree with any other tree from the City street tree list. CM-23-410 February 8, 1971 The Council decided to continue this item until the meeting of March 1 or March 8, whichever has a shorter agenda, in order that they might have an opportunity to review it more thoroughly. The staff was instructed to place it on the agenda as a regular item and not on the Consent Calendar. Also, the Council requested that a statement from the staff be included in the agenda regarding the maintenance policy. (Street Tree Plan) * * * The Finance Director has submitted a request authorizing a budget amendment allocating an additional $2500 from the Airport Budget to the Special Aviation Fund so that the City can qualify for an added grant of matching money from the State Aeronautics Fund. (Aviation Fund Apportionment) James McElroy, 1545 Wagoner Drive, requested that the Council consider depositing the tax money derived from gas tax revenue collected by the County and apportioned to the City directly to the account for matching funds of the State revenue. He felt this would be equitable and those benefiting would be paying for the service. This item was removed from the Consent Calendar for discussion at the meeting of February 22, and a staff report on this sug- gestion will be presented at that time. * * * A report was submitted by the Public Works Direc- (Report re Sewage tor regarding sewage treatment mineral quality. Treatment Mineral Quality) It is recommended that the report dated January 25, 1971, prepared by Brown & Caldwell, be approved and trans- mitted to the Regional Water Quality Control Board as required. * * * Harvey M. Owren and David P. Mandeville were reappointed to the Housing Authority Board for a term of four years. (Appointments to Housing Authority) RESOLUTION NO. 12-71 APPOINTMENT OF TWO MEMBERS TO THE HOUSING AUTHORITY * * * RESOLUTION NO. 13-71 A RESOLUTION ADOPTING PROCEDURES FOR NAMING STREETS, ROADS AND OTHER WAYS AND/OR NAME CHANGES OF STREETS, ROADS OR OTHER WAYS. (street Name Change Procedure) In accordance with Section 19.33 of the Municipal Code, the above resolution sets forth a formal process for selecting or changing street names. * * * The minutes for the meeting of the Beautification (Minutes) Committee of January 7, 1971, were acknowledged. * * * CM-23-411 February 8, 1971 (Exempt Business Licenses) (Payroll & Claims) APPROVAL OF CONSENT CALENDAR PUBLIC HEARING RE REZONING (North side Mocho st.- Howard Johnson) Applications for exempt business licenses have been made by the following: Latin Organization for Betterment - various fund raising activities during 1971 Alameda County Deputy Sheriff's Wives Auxiliary - fashion show advertising sale and prize solicitaion. * * * Fifty-nine claims in the amount of $25,517.85 and two hundred sixty-nine payroll warrants in the amount of $81,350.11, dated February 5, 1971, were ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 9720 for the usual reason. * * * On motion of Councilman Beebe, seconded by Council- man Taylor, the Consent Calendar was approved un- animously. * * * The Planning Director explained that an application has been submitted by Howard E. Johnson for rezoning of property on the north side of Mocho Street bounded by the Arroyo Mocho, Holmes Street, and property presently zoned multiple, and fronts on Mocho Street, from RS-5 to RG District. The Planning Commission recommends denial based on non-conformance with the General Plan, noting that approval of the rezoning would generate additional traffic and parking problems. Residents of the area opposed the rezoning. Keith Fraser, representing the applicant, stated that in 1960 a portion of the property, .6 acre, was zoned to RG-16. In 1964 and 1965 the applicant obtained a permit for a 78-bed convalescent hospital and one extension was granted. In 1969 an identical re- quest for rezoning to RG-16 was made. Since then some changes have occurred, and the applicant is now asking for 57 multiple units on the 3.6 acres. He felt the homeowners in the area were fearful of the increased traffic generated by the multiple use. Renato G. Martinez, a traffic consultant and owner of RGM Associates Traffic Consulting Firm, distributed copies of his report. He stated that the Division of Highways has found that apartments generate approximately 8 trip-ins so the 67 units would generate a maximum of 536 vehicles per day. Of this total it has been assumed that 50% would use Mocho Street and 50% Holmes Street. In accordance with the most recent traffic count the maximum traffic count on Mocho Street would indicate 300 vehicles at the peak hour, and Mr. Martinez felt Holmes st. could readily accommodate the increased traffic. Circulation can be controlled in the proposed development, with entrance on Holmes Street and exit on Mocho Street. He had developed traffic activity which would have been generated by the previously approved convalescent hospital which he stated would be 1,030. Lynn Carter, 1169 Mocho Street, stated he had difficulty with traffic on Mocho Street presently as well as gaining entrance to Holmes Street. He was against increasing the traffic. Norma Carter, 1143 Mocho Street, stated she was against the pro- posal because of traffic problems. Keith Fraser indicated that the proposal included a green area along Mocho Street to overcome objections by homeowners to location across CM-23-412 February 8, 1971 the street from multiples. He referred to pre- vious approval of the .6 acre parcel on Holmes Street for multiple use at which time the staff approval was based, in part, upon location of multiples in the adjacent area and across the street and difficulty in developing this parcel as a single family area; further that residential use be maintained along the Mocho Street frontage of the parcel. The applicant would be willing to continue this item so that plans could be presented with residen- tial along Mocho Street. Mr. Fraser felt the justifications used for the approval of multiple in 1960 still applied and were appli- cable to the present parcel under consideration. He felt a plan could be worked out which would satisfy some of the homeowners' objections, his client and the Council and asked that this matter be referred back to the Planning Commission for consideration. (Public Hearing- No. side of Mocho Street) Councilman Taylor pointed out that when this property was rezoned to multiple on the .6 acre parcel and RS-5 for the balance, this allowed 10 multiple units and 18 single family units for a total of 28 units. Now they are requesting an additional 39 units, and he did not see any justification for increasing the number of units. Mayor Silva and Councilman Miller did not feel that anything had changed since the request for multiple was denied by the previous Council. Councilman Beebe felt it might be best to refer it back to the Planning Department for revision of the plan. Councilman Miller did not feel that an additional entrance on Holmes Street was desirable. Councilman Taylor agreed that another entrance on Holmes would not be good and traffic would have to be on Mocho Street. Mayor Silva pointed out that if single family units are developed on Mocho Street, a balance of 2 acres would be left which would allow a possible 22 units for development as multiple. This would still be increasing the density. Councilman Taylor referred to other instances of development along the Arroyo Mocho where density transfer has been allowed to permit multiple development on a portion. The Council discussed possible land use and development on this parcel. Councilman Taylor made a motion, seconded by Councilman Beebe, to close the public hearing, and it passed unanimously. Councilman Taylor made a motion to accept the Planning Commission's recommendation for denial of the application on the basis that the proposed rezoning is not in conformance with the General Plan; motion was seconded by Councilman Miller, and approved by the following vote: AYES: NOES: Councilmen Taylor, Pritchard, Miller and Mayor Silva Councilman Beebe Mayor Silva stated that the plan as presented was a good plan, but the General Plan density must be maintained. It might be developed with a density transfer. * * * The Planning Director explained that this appli- cation for a Conditional Use Permit is the re- sult of a recent rezoning to ID (Industrial) District for this parcel. The intended use to CUP TO PERMIT SALE OF MOBILE HOMES (Mosure) CM-23-413 February 8, 1971 permit the sale of mobile homes, campers, trailers, trucks and general supplies is commercial or re- tail sales. The Planning Commission recommends approval with conditions as listed in Resolution No. 2-71. The applicant had expressed concern in regard to the requirement for a masonry fence on two sides of the property as required by zoning restrictions, and a third side on the east as recommended by the Planning Commission. Mr. Musso stated that the requirement of such a fence has been a consistent pattern either by zoning or special permit. (CUP - To Permit Sale of Mobile Homes) The Council discussed the requirement for the masonry fence or wall in respect to various zoning requirements and classifications. Mr. Musso explained that the masonry fence is required for ID (Indus- trial Development and Administration) District next to residential zoning. The reason for this requirement is to have a permanent barrier between industrial, commercial, and in some instances mul- tiple use and residential zones. Dan Spruiell, Red Carpet Realty, representing the applicant, stated there has been some concern about the masonry wall which is being required. He stated that at the time of the rezoning application the staff recommendation was that ID Zoning would be the best type of rezoning for this use and to be compatible with the area, and the applicant had agreed to this zoning. The cost of erecting about 1000 feet of masonry wall is about $14,000 and Mr. Spruiell pointed out that other property has not been required by the City to erect such a wall. Mr. Spruiell also referred to the requirement for a ten foot setback. The only thing indicated within this ten foot setback is planter area, and the applicant would like to have a five foot setback. The applicant has also agreed to inclusion of a five foot planter strip around the property with 32 trees to be planted as recommended by the staff due to the ID zoning. The applicant would like to leave the wood fence on the one side, across the back and erect a cyclone fence on the other side; otherwise it might make it infeas- ible to develop the property. As brought out at the Planning Com- mission meeting, Mr. Spruiell stated that this area will not be the major entrance to the City when the interchange is completed, but will be on a frontage road. ' Mr. Musso said the reason ID District zoning was used for this area is that there is no zoning classification at present suitable for an automobile centered use. The masonry wall has been a general requirement where uses of this type abut residential areas. The Council discussed, generally, the possible alternatives, from variance to the masonry wall requirement and substitution of tree planting as a living wall; imposition of commercial use require- ments as in any other commercial use; a five foot fully landscaped buffer between uses rather than a masonry wall with some regula- tions as to size of landscape material; a thicker than ordinary wood fence, or possibly a chain link fence; the possibility that chain link fence, sprinkler system for the landscaping and mature shrubs and trees, plus the cost of maintenance may be more costly than the masonry wall. Harry Mosure, the applicant, said there are two good wooden fences already constructed, but he would be agreeable to enclosing the property with a chain link fence. His property in Concord has a chain link fence; the use is a very quiet one and there would not be disturbance from the use. He also hoped that a five foot set- back would be required so his business could be seen. Mr. Mosure said his present business grossed about $1,100,000 last year and he would like to locate a sales lot in Livermore. Councilman Taylor said he would be willing to allow chain link fence on the one side with a landscaped area subject to City approval. CM-23-414 Councilman Beebe stated he would rather see a chain link fence with the planter installed. Councilman Pritchard suggested giving the appli- cant a choice of putting lathing in the chain link fence or landscaping. February 8, 1971 (CUP- To Permit Sale of Mobile Homes) Councilman Beebe made a motion that the eastern fence be a chain link fence with a five foot planter as approved by the staff, seconded by Councilman Pritchard, and passed by the following vote: AYES: NOES: Councilman Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller The Council discussed setback requirements. The Planning Director stated that a neighborhood shopping center requires a ten foot landscaped setback; CO (Commercial Office) District zone requires five foot; CG (General Commercial) District zone requires ten foot; the setback in this instance is in accordance with the standards being developed for the CUP. Councilman Pritchard felt a five foot setback should be allowed as the use across the street had a five foot setback. Councilman Beebe said he could see why the applicant wanted five feet as the adjoining mobile home park had a fence next to the sidewalk without a setback. Mr. Musso explained that the requirement is that the three foot fence be set back ten feet from the property line with landscap- ing in front. The majority of the Council agreed that the setback should be ten feet. In answer to Councilman Miller's question, Mr. Musso said that it is against present policy to allow a trailer to be used per- manently as an office. There is an amendment pending consideration by the Council which might allow such use and perhaps this policy should be reviewed. He felt this could be worked out through the staff. Councilman Taylor said he did not wish to see trailers or mobile units used around the City without Council approval; a decision should be made on this matter. Mr. Musso said this matter was a part of the mobile home ordinance to be considered in the near future by the Council. Mr. Spruiell stated his understanding from the Planning Commission's meeting was that a mobile home unit on a foundation would be allowed for use as the sales office. Mr. Musso said that a portion of Item A.7 of the Zoning Conditions listed in the staff report which read "all exposed surfaces of the building shall be non-metallic where structurally feasible and architecturally compatible with the rest of the structure" was deleted for design reasons and not for the purpose of allow- ing use of a mobile home unit as a sales office. Mayor Silva made a motion, seconded by Councilman Taylor, to approve the Planning Commission's recommendation for approval and the conditions attached thereto, as listed in their Resolution No. 2-71, with the deletion of the masonry wall from the CUP, but not from the requirements of the ordinance, and the easterly property line to have a chain link fence and a five foot land- scaped area approved by the staff. Councilman Miller stated he was opposed to the use as it would be visible from the Portola Ave. freeway entry, and he felt it would have an adverse effect on all the properties in the City. The motion was passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard, and Mayor Silva NOES: Councilman Miller * * * CM-23-415 February 8, 1971 ZONING OF INTERCHANGE ANNEX A public hearing was set for March 1, for assign- ment of a zoning classification to the recently annex- ed area known as 11 Interchange Annex'! * * * A public hearing was set for February 22, to con- sider various Zoning Ordinance amendments for the purpose of considering the proper zoning for and regulation of cemeteries, crematories, mausoleums, columbariums and mortuaries with particular con- sideration given to the Uses Permitted sections of the RM, RG, E and CP Districts; Section 21.52 - Special Provisions and Health Facilities; Section 28.00 - Conditional Use Permits. ZO AMENDMENTS RE ZONING OF CEMETERIES REZONING Re 451 No. pst. (Hoblitzell) REZONING RE 3070 and 3076 East Avenue (Maniz and Pritchard) CITY SIGN STATUS ORDINANCE RE ZO AMENDMENT (Future Width and Special Bldg Lines, East Ave. & Vasco Rd) * * * A public hearing was set for March 1 to consider the rezoning application submitted by Ross Hoblit- zell to permit rezoning from RL-5 District to CO District for property located at 451 No. P Street. * * * A public hearing for the rezoning application sub- mitted by Monte Maniz and Robert Pritchard for property located at 3070 and 3076 East Avenue from RG-16 (Suburban Multiple Residential District to CO (Commercial Office) District was set for March 8. * * * A report from the Planning Director regarding the City sign status was continued for discussion at the meeting of February 22. * * * ORDINANCE NO. 735 AN ORDINANCE AMENDING SUBSECTION 20.71, RELATING TO FUTURE WIDTH LINES, AND SUBSECTION 20.72, RELATING TO SPECIAL BUILDING LINES, OF SECTION 20.00, RELAT- ING TO GENERAL PROVISIONS, OF ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE. On motion of Councilman Pritchard, seconded by Councilman Taylor, the second reading of the above ordinance was waived and the ordi- nance was passed by unanimous vote. PROPOSED ORDINANCE RE 1968 ELEC- TRICAL CODE MATTERS INITIATED BY STAFF (Sign-State Savings & Loan) CM-23-416 * * * A motion was made by Councilman Taylor, seconded by Councilman Pritchard, to waive the first reading of the proposed ordinance adopting, by reference, the 1968 National Electrical Code (title read only), and by unanimous vote the ordinance was introduced and a public hearing set for March 1. RESOLUTION NO. 14-71 AUTHORIZING T~ CITY CLE~K TO PUBL1SH NOTICE OF HEARING The Planning Director referred to the time and tem- perature sign just erected at the State Savings and Loan office. The ordinance specifically states that such a facility is not a sign. The "time" sign blocks the sign on t he building, and state Savings and Loan has advised that one or the other of the signs will be relocated. February 8, 1971 Mr. Lewis advised that the specific governs over the general; when there is a specific exception the courts will say that this evi- dences the intention of the legislative body. It seems, therefore, that it was the specific intention of the ordinance to exempt this type of device from the sign regulations. (Sign-State Savings & Loan Assn) Councilman Miller said that it is clear that the legislation was a mistake and this matter should be resolved and limits set. Councilman Taylor said an interpretation as not being a sign is stretching the facts in this case and he felt it was outrageous that the Council was not informed that they were erecting such a structure when they were discussing the request for the direction- al sign; it is wrong even though it is legal. Many businessmen and residents had called in objection to the sign. Councilman Beebe said he liked the philosophy of the public service of providing time and temperature but felt the sign was out of proportion. Councilman Pritchard agreed with Councilman Taylor that it was an outrage even though it might be legal. The Council then referred the matter of time and temperature dis- plays and other devices of similar nature (specifically Sec. 21.72 (L) of the Zoning Ordinance) to the Planning Commission for discussion and consideration. Councilman Miller said there were other items, such as flag display and sculpture, which did not have any limitations, and these should be reviewed also. * * * The City Attorney stated that in connection with Wagoner Farms Assessment District No. 1962-3 a resolution is needed to apportion the cost of the reapportionment and notifi- cation to the property owners that these costs are going to be assessed. After the passage of a diagram will be filed with the City Clerk and be held. (Reapportionment re Wagoner Farms Assmt. Dist.) this resolution a hearing will A motion was made by Councilman Beebe, seconded by Councilman Taylor, to adopt the following resolution, and passed unanimously. RESOLUTION NO. 15-71 RESOLUTION DIRECTING DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE AN AMENDED ASSESSMENT, WAGONER FARMS ASSESSMENT DISTRICT NO. 1962-3, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. * * * The City Attorney informed the Council that the Supreme Court had heard the park dedica- tion case last week. The Court has voted on the basic issue and a Justice will be assigned to write the opinion. Mr. Lewis hoped the decision will be more favorable than the pre- vious one by the District Court and felt they would uphold Sec- tion 11546 on park dedication. (Park Dedication Case) * I/r;e:f/j.~~~ The City Manager stated ~~ere is to be a joint session in Washington on~ 21-22 hosted by the National League of Cities and U.S. Confer- ence of Mayors on the very critical issue of revenue sharing. Particular reference will be made to the smaller cities in order (Meeting re Revenue Sharing) CM-23-417 February 8, 1971 (Revenue Sharing) that their views may be heard. He asked that the Council review the material they had been provided with regarding this hearing, and stated that he hoped one of the Council members, perhaps the Mayor, would be authorized to attend this meeting. The League of Calif- ornia Cities is going to have a special gathering of the Congression- al delegation from California at the meeting so that every repre- sentative possible will be in attendance. The staff was instructed to include this item on the Consent Cal- endar for action at the next meeting, and also to prepare a brief resume of the President's proposal. Councilman Pritchard stated he had intended to suggest that letters be directed to our representatives explaining our position in this matter; the feeling of our Congressman should be determined. MATTERS INITIATED BY COUNCIL (Communication Continental Can Co.) (BART Extension) (Resolution re Scout Project) * * * Mayor Silva read a letter from Continental Can Co. signed by Mr. Halpin expressing his appreciation for the time allowed for his discussion, and stat- ing he would be glad to aid the City in aQ{ecology project. * * * A communication has been received from the Port of Oakland regarding the extension of BART to the airport and included material explaining their posi- tion. They urge that the City join in urging the extension of BART to the airport. The Council has taken no position in this regard. * * * Mayor Silva made a motion, seconded by Councilman Miller, to adopt a resolution commending the Liver- more Amador Valley Boy Scouts who will participate in the construction of a hiking trail around Del Valle Reservoir. The motion was passed unanimously. Councilman Taylor suggested that a letter be written to the East Bay Regional Park District thanking them for their efforts in plan- ning the trail. RESOLUTION NO. 16-71 A RESOLUTION COMMENDING THE BOY SCOUTS OF THE LIVERMORE/AMADOR VALLEY FOR PUBLIC SERVICE; EXPRESSING APPRECIATION TO EAST BAY REGIONAL PARK DISTRICT. * * * (Abatement of Signs) Mayor Silva referred to the procedure being followed regarding abatement of non-conforming signs. The Planning Director stated that letters have been sent to various businesses that their sign is non-conforming, then generally the businessman contacts the City and the whole sign or- dinance is discussed. For the most part people have indicated they will conform. The next notification will be to gas stations with non-conforming signs. CM-23-418 * * * February 8, 1971 Mayor Silva said he had received a complaint regarding motorcycles on a vacant lot in Carl- ton Square area. The Police Dept. had stated this was private property and the Police De- partment could do nothing. Mr. Lewis said this could be called to the attention of the landowner and he could request that any- one riding on his property be cited for doing so. The staff was instructed to contact the property owner, and also to check into what can be done about this problem at all locations. (Complaint re Motorcycles) * * * Mayor Silva stated it had been pointed out to him recently that the Planning Commission was the only committee appointed by the Council whose members cannot be removed without cause. He felt the ordinance should possibly be amended so that the Council could remove a Commissioner or any committee member under certain circumstances. (Planning Commission Terms of Office) The City Attorney said that when someone is appointed for a speci- fied term there are certain rights to that office which cannot be interfered with by the appointing body. If there is no term stated, it is a different matter. Cause is normally considered to be some serious misconduct in office and not the fact that the official displeasures or disagrees with someone. The Government Code states that in regard to Planning Commissioners that they shall be appoint- ed by the Mayor with the concurrence of the City Council and that the local governing body may provide a local ordinance for this and nothing is said about specific removal. The City Attorney was instructed to look into the matter of cause and manner of removal for report to the Council. Councilman Miller felt this was a political situation and changing the ordinance would have a definite political effect. Councilman Taylor said he would like an explanation of f1causef1 but an ordinance change did not sound like a good idea. * * * There being no further business to come before ADJOURNMENT the Council the meeting was adjourned at 10:45 p.m. to an executive session to consider appoint- ments to the Industrial Advisory Board and the Beautification Committee. APPROVE ) /\-;~"";" \. : j /1 r * - ',~..- ( v" eA- ATTEST -+--... Clerk re, California CM-23-419 Regular Meeting of February 22, 1971 A regular meeting of the City Council was held on February 22, 1971, in the Municipal Court Chambers, 39 South Livermore. The meeting was called to order at 8:07 p.m. with Mayor Silva presiding. ROLL CALL MINUTES APPROVAL SPECIAL ITEM OPEN FORUM * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * Councilman Taylor made a motion, seconded by Coun- cilman Beebe, to approve the minutes as amended, and it passed unanimously. * * * The resolution adopted by the Council on February 8, 1971, commending the Livermore-Amador Valley Boy Scouts for public service in building the trail on the shore of Del Valle Reservoir was read by Mayor Silva and presented to Norman G. Pefley, Asst. Senior Patrol Leader, Troop 902, representing the area Scouts. * * * Mayor Silva invited any member of the audience to address the Council on any subject not on the agenda, however, no comments were voiced. * * * Planning Director George Musso stated that this public hearing on proposed Zoning Ordinance amendments re- garding the regulation of cemeteries, crematories, mausoleums, columbariums and mortuaries was the result of inquiries from Councilman Pritchard regarding pro- visions of the ordinance. The main change in the ordinance is to allow mortuaries within the "E" Dis- trict as a Conditional Use; in the CO (Commercial Office) District mortuaries are presently allowed; in all other commercial districts the use would be a Conditional Use; however, it is prohibited in the CN (Neighborhood Commercial) District. The Planning Commission recommends approval of the Zoning Ordinance Amendments and the one point on which they dis- agreed was allowance of mortuaries in residential areas, which re- sulted in a 2-2 vote. Councilman Pritchard indicated his interest in this matter and refrained from entering the discussion and did not vote. PUBLIC HEARING RE ZO AMENDMENT (Permitted Uses in RM, RG, E, CP Districts) Mayor Silva opened the public hearing but no comments were voiced. A motion was made by Councilman Beebe, seconded by Councilman Tay- lor, to close the public hearing, and approved unanimously. Councilman Beebe stated that he did not feel mortuaries should be allowed in purely residential areas or the CN District, but per- haps they could be located in a transitional are~~o~ residential to commercial office. ~~v,- Councilman Taylor stated he was impressed withtthe survey conducted by the Planning Commission regarding location f mortuaries in other cities and stated his feeling that they should be allowed in single family residential districts or neighborhood shopping centers (RL and CN Districts). Permitted use in CO and I Districts should be allowed by Conditional Use Permits. CM-23-420 February 22, 1971 Mayor Silva felt the use should be permitted by CUP in all districts including R Districts as there might be areas where this use would be appropriate and due to the small number of pro- bable applications this might be the best way to approach the matter. Public Hearing- (Permitted Uses) Councilman Miller agreed with Councilman Taylor that wherever the use is permitted it be done through a Conditional Use Permit; however, the use should also be prohibited in CP and all residen- tial districts. Multiples do not seem to be a logical place for location of mortuaries. Councilman Taylor stated he could not see any objection to having a mortuary back on or adjacent to a single family use as compared to RG or office building type use. The main concern relative to mortuaries in a single family area is the traffic pattern; there should be major street access. Councilman Taylor made a motion that mortuaries be conditional uses in all zones except CN and RL and RS Districts, seconded by Councilman Beebe. Mr. Musso explained that the Planning Commission had considered that a cemetery could include all of the uses under consideration and, therefore, they would be considered together and the mor- tuary treated separately. The motion to allow mortuaries by conditional use in all zones except CN, RL and RS Districts was passed by the following vote: AYES: Councilmen Beebe, Taylor and Mayor Silva NOES: Councilman Miller ABSTAIN: Councilman Pritchard After further discussion regarding location in commercial dis- tricts, Councilman Miller made a motion to adopt the staff re- commendation to amend the Zoning Ordinance, Sections 21.52 as proposed, and 21.54 as amended to read "when located in E, CP, RG, RM Districts". The motion was seconded by Councilman Beebe and passed by the following vote: AYES: Councilmen Beebe, Taylor, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Pritchard The proposed amendments to the Zoning Ordinance were referred back to the Planning Commission for revision of the regulations applicable to the various zones. CONSENT CALENDAR Departmental reports were submitted as follows: Departmental Reports Airport - financial and activity - January Building Inspection - January Fire Department - January Golf Course - January Municipal Court - December and January Police and Pound Departments - January Water Reclammation Plant - January Planning Departments - Activity - January * * * A progress report was submitted in regard to the Livermore Recycling Project including a financial statement and the volume collected during the month of January. Community Recycling Report CM-23-421 February 22, 1971 Minutes Minutes of the Beautification Committee meeting of January 21, and the Housing Authority meeting of January 19 were acknowledged. * * * Communication re Mobile Homes A communication has been received from Senator Clark L. Bradley in response to the City's suggestion regarding mobile home taxation and treatment. This item was removed from the Consent Calendar for dis- cussion later in the meeting. * * * Communication re Disposable Containers A communication has been received from the League of California Cities regarding the City's Resolu- tion concerning disposable containers of malt and carbonated beverages and stating the League's posi- tion in this matter. * * * Federal Revenue Sharing As announced, a national congressional-city confer- ence will be held in Washington, D.C. March 21-23, 1971, by the National League of Cities and the United States Conference of Mayors to consider the revenue sharing issue. It has been recommended that the Mayor, or alternate member of the Council, attend this meeting to present the Council's views and that a resolution supporting the proposed federal revenue sharing measure be adopted. Robert Allen, president of the Local American Taxpayers' Union, read a statement urging the Council to study the matter more tho- roughly before any action and listing several reasons against such revenue sharing. Councilman Miller pointed out that the reason revenue sharing should be considered is due to the regres- sive taxes permitted to be levied by cities as opposed to those allowed the federal government. RESOLUTION NO. 17-71 A RESOLUTION REQUESTING CONGRESSIONAL IMPLE- MENTATION OF CONCEPT OF REVENUE SHARING. * * * Resolution Establishing Naylor Water Benefit Dist. In response to Councilman Miller's question, the Public Works Director explained the City's parti- cipation in the Naylor Water Line Benefit District wherein a 12-inch line was constructed and the City participates in the cost of excess sizing over an 8-inch line. RESOLUTION NO. 18-71 A RESOLUTION ESTABLISHING THE NAYLOR WATER LINE BENEFIT DISTRICT * * * Resolution Approving Bonds & Agreement (Tr. 3282 Hofmann Co.) Tract 3282 is located westerly of the Emma C. Smith School site and contains 87 lots. All documents are in order and approval is recommended. RESOLUTION NO. 19-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3282 CM-23-422 RESOLUTION NO. 20-71 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3282 * * * RESOLUTION NO. 21-71 A RESOLUTION DENYING THE CLAIM OF JEROME J. WILVERDING February 22, 1971 (Tract 3282) Denial of Claim (Wilverding) The City Attorney recommends denial of the claim for damages sub- mitted by Jerome Wilverding and referral of the claim to the City's insurance carrier. ~~ * * Provision for the relocation of Murdell Lane must be made in connection with the extension of PUD No. 15 to Carlton Development Corp. The County has requested that this street be moved about 820 feet westerly no later than October, 1973. The follow- ing resolution authorizes execution of an agreement to transfer this obligation to the developer. Report re PUD No.15 (Carlton Dev. Co.) RESOLUTION NO. 22-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Carlton Development Corp.) * * * A report was submitted by the City Manager re- garding the method of assigning aircraft in- lieu tax receipts. In connection with a request to amend the budaet to allow an increase in the allocation from $2,500 to $5,000 for matching funds for monies provided under the State Aeronautics Funds, it had been suggested that such in-lieu tax receipts be designated by the Council to match the State's special fund grant. After review by the Fin- ance Director it is recommended that a motion be adopted affirm- ing the present method of assigning these receipts with any change being discussed during budget sessions if the Council so desires. * * * Special Airport Fund Apportionment A report was submitted by the Public Works Dir- ector advising that he and the Police Chief had investigated the advisability of reducing the parking time limit from two hours to one hour on several of the downtown streets. It is recommended that the parking time limit be reduced in the designated areas to one hour as follows: 1. Second Street, Livermore to "L" Street 2. "J" Street, First to Third Street 3. "K" Street, First to Third Street 4. II L" Street, First to Third Street * * * A report was made by the Library Board regard- ing the possibility of providing Library hours on Sunday. This item was removed from the Con- sent Calendar for later discussion. * * * Applications for exempt business licenses have been received from the following: Report re On-Street Parking Time Limit Report re Library Hours Exempt Business Licenses CM-23-423 February 22, 1971 (Exempt Licenses) Payroll and Claims Approval of Consent Calendar REPORT RE SCHOOL CROSSING GUARD (Sonoma Ave. & El Caminito) Interfaith Housing - solicitation of funds to fur- nish Community Center February 22 Ballet Folklorico Mexicano de Livermore - sale of tickets for show on February 26-28 to defray costume expense Job's Daughters - Bethel No. 232 - various fund raising activities during 1971 * * * Eighty-seven claims in the amount of $74,287.52, dated February 17, 1971, were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrant No. 9830 for usual reasons. * * * 01 motion of Councilman Pritchard, seconded by Coun- cilman Taylor, the Consent Calendar was approved unanimously. * * * # A request Aas made by the Sonoma Avenue PTA at the meeting of February 8 for a school crossing guard to be placed at the intersection of Sonoma Avenue and El Caminito. The Public Works Director reported that a count had been made of the number of children and number of cars at this intersection in order to compare these figures with the warrants established by the California Traffic Control Devices Committee used to determine whether a guard is justifiable. On this basis the recommendation is that there is not justification for a cross- ing guard. The City Manager advised that this system for determining whether a guard is needed was adopted several years ago. Councilman Beebe inquired if a stop sign had been considered as a traffic control at this point. Mr. Lee said that the traffic in a 24-hour period did not warrant placing a stop sign at this point. Clarence Motter, 335 El Caminito, pointed out that El Caminito is a lengthy and wide street and children have difficulty getting across the street. About 50% of the children at Sonoma Ave. School do have to cross El Caminito and this number will increase due to continuing development in the area. He urged that consideration be given to providing a safer way for the children to cross. Councilman Pritchard asked the Principal of Sonoma School if the children now crossing El Caminito would be shifted to a school on that side of the street when one is available. Mr. Hill said he did not know how the division would be made but he felt traffic would be increasing, as well as the number of children. The need for the present crossing guard on East Avenue was dis- cussed and it was pointed out that a traffic signal has now been installed which would aid the children in this area to cross the street. The cost of an additional traffic guard would be approximately $2,000 per year. Mayor Silva pointed out that if the criteria for such a decision is changed there will be other requests for other locations. Councilman Miller felt that those requesting such services should realize that the additional services would mean additional costs to the City paid by taxes. CM-23-424 Councilman Taylor pointed out that the age of the children crossing should be an extenuating circumstance and could be included as a part of the warrants. February 22, 1971 (School Crossing Guard) Councilman Miller made a motion that a crossing guard be pro- vided at the intersection of Sonoma Avenue and El Caminito; motion was seconded by Councilman Pritchard and approved unanimously. The staff was instructed to include the age of the children in the method of calculating need. v '^- * * The application of Associated Professions, Inc. for rezoning to PD District property located south of US 580, east of Airport Boulevard, was referred to the Planning Commission for review and comment on a proposal to zone the entire parcel to ID (Industrial Development and Admin- istration) District by the City Council. The Planning Commission concurred in the Council's proposal to zone the entire area to ID District and reaffirmed its original recommendation for mobile- home park denial and adopted the staff report urging City Council adoption of the Planning Commission recommendation. REZONING & MOBILE HOME APPLICATION SITE SOUTH US 580 (Assoc. Professions) John Barker, Associated Professions, requested continuance on this application pending resolution of the ABAG study regarding noise levels pertaining to the municipal airport. He requested the aid of the City in implementing this study which is to be completed in late March and rescheduling the matter in early April. Councilman Miller made a motion to continue this matter to an early meeting in April and to hold a public hearing at that time. The motion was withdrawn after discussion regarding the result of the ABAG study. Councilman Miller made a motion to continue this matter to the first week in April and to then determine when and if a public hearing should be held. The motion was seconded by Councilman Beebe and passed unanimously. * * * Consideration of the proposed Zoning Ordinance amendment of Section 5.00, Residential District and Section 20.00, General Provisions was set for public hearing at a meeting in April when there would be a full Council present. * * * PROPOSED ZONING ORDINANCE AMENDMENT (Sec. 5.00 and Sec. 20.00) The Planning Director explained that the appli- cation for rezoning submitted by Jerome Fahn- horst and expanded area initiated by the Plan- ning Commission for rezoning was referred to the Planning Commission for review and comment as the Council's recommendation was contrary to that of the Com- mission. After review the Planning Commission has submitted a recommendation; they are still opposed to the rezoning of the Park Street frontage but do concur with the Council's proposal to rezone the two lots on the west side of "P" Street to RM (Medium Density Residential) District and a portion to CB-l (Central Business) District as indicated on the map. REZONING APPLICATION BY JEROME FAHNHORST & EXPANDED AREA Councilman Taylor asked Mr. Musso to clarify the recommendation regarding the Cal Water and Shell properties. Mr. Musso stated that the original Planning Commission recommendation was to rezone CM-23-425 February 22, 1971 (Rezoning- Fahnhorst) this area CO which would allow uses compatible to the residential area and other uses would be under Conditional Use Permit. The Council's decision was to rezone Shell's property CB-l and Cal Water as CO. The Commission felt there should be more protection for the resi- dential areas and recommends CB-l along I!pl! Street, but RM along Adelle Street and Olivina Avenue. The Council discussed the rezoning of this area. Councilman Tay- lor asked why the Commission recommended RM rather than CO. Mr. Musso pointed out that the RM zoned area could be used as parking for the commercial. Councilman Taylor said his objection was that two blocks of single family would be changed to RM zoning and this proposal would add another one. Councilman Pritchard suggested that a portion could be CB-l and the other area to CO. This would place the CB on the front on I!pl! Street with CO in the rear rather than RM. Councilman Pritchard made a motion that the area which is shown on the revised Planning Commission's map as cross-hatched to CB-l and the two irregular shaped parcels in the rear, shown in the dotted area, to CO; motion was seconded by Councilman. Miller. Councilman Taylor said that all that was necessary to protect the property across the street is a strip of CO area; he did not think small pieces of commercial could be developed properly. The motion to rezone the area to CB-l and CO failed by the follow- ing vote: AYES: NOES: Councilmen Pritchard and Miller Councilmen Beebe, Taylor, and Mayor Silva Councilman Beebe made a motion that all the property from the eastern line of Cal Water's property where it intersects Olivina for 200 feet easterly and at a depth of 150 feet be zoned CO and the balance be zoned CB-l. The motion was seconded by Councilman Taylor. Mr. Per Perry of Shell Oil Company said that the party who wishes to purchase the property would wish to apply for a uniform zoning for the whole property. The proposed zoning would probably not assist in the sale of the property. The vote was then taken on the motion which passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor and Mayor Silva Councilmen Miller and Pritchard Councilman Miller stated there were two points to be made - one on the change of RL-5 to RM. First of all there has been a substantial amount of increase in RM zoning and there is no way to obtain park dedi- cation for it under the present ordinance. He felt that before the property is rezoned there should be a means of obtaining park dedication. Councilman Miller also commented that some day this will be a likely place for multiple zoning, but the pressure for this large an area in multiple is not very great as there are approximately 2,000 apartment units approved which are not yet built. Councilman Miller referred to an incident where a couple of parcels that had been before the Council for duplexes and higher density and denied, now has a single family house being built on it, and another is about to have the same thing on it. Thus, he felt the development of lots can take place in this area. At least, he felt the Council should wait until the park dedication is de- cided and that no area should be rezoned to RM until the park dedi- cation ordinance is resolved. DISCUSSION RE PARK DEDICATION CM-23-426 Jack Phillips spoke to Councilman Miller's com- ments that the parcel he had referred to was Mary Bailey's, and she had applied for a duplex as she had three lots and only one single family so now she has two single family houses on three which did reduce the density. Mayor Silva pointed out that the multiple had not been increased, but in fact, it had been decreased. February 22, 1971 (Park Dedication) house on them, building lots, Councilman Taylor felt they were making a mistake in extending the dividing line between RL and RM from the center of the block to the center of the street, and felt the justification for ex- tending multiple is far greater if it is across the street rather than in the back of the lot, and did not feel that the four half blocks rezoned to RM were necessary to stabilize the neighborhood and encourage redevelopment or anything else. Councilman Beebe said he was of the philosophy he would rather have the multiples on the center line of the street rather than backing with a two story building looking right down on single family. Councilman Taylor asked the City Attorney if the park dedication law pending before the Supreme Court would have any bearing to which Mr. Lewis replied in the affirmative, and further explained what would happen in the event the decision is in their favor, and the ramifications of this decision was discussed further by the Council, and whether or not the rezoning should be held in abeyance until the matter of the park decision is resolved. Mayor Silva stated he would like to proceed with the original decision and then instruct the staff to come up with the ordi- nance suggested by Councilman Miller. Councilman Pritchard agreed but also shared Councilman Miller's concern and felt they should go ahead on the ordinance and then if and when the court decision is or is not upheld, it would be ready to go into effect. Councilman Miller asked the City Attorney if their position would be stronger if they waited on the zoning and worked on the park dedication than if they adopt the zoning and attempt to apply an ordinance afterwards. He felt they could have contract zoning if they held up on the zoning until a court decision is reached, whereas if the zoning is adopted at this time they would lose the contract aspect. Mr. Lewis stated he had told the Planning Commission he thought they could go through the device of a building permit, attaching a condition by ordinance; however, he had not had much opportunity to study the other steps in the process from zoning to building. In answer to Councilman Miller's question, he stated until we conclude that a building permit is a proper device, he could not give the assurance he had already given in regard to rezoning. There are no court cases on this and it is a new field in which they were venturing farther than most cities in California. Mayor Silva stated that inasmuch as they all concurred, an ordinance would be prepared by the staff. * * * The Council had referred possible rezoning of property located at the southeast corner of Stanley Blvd. and Wall Street to the Planning Commission for review and comment. By unani- mous vote the Planning Commission does report that from a planning point of view single COUNCIL REQUEST FOR COMMENT RE ZON- ING (SE Corner Wall st. & Stanley Blvd) CM- 23- 427 February 22, 1971 (SE Corner Wall st. & Stanley Blvd.) family residential use is a better use for the area, but does advise that it feels rezoning should not be initiated based on a financial con- sideration, not a planning consideration, and circumstances have not changed to warrant rezoning. Councilman Miller stated he did not understand the comment re fin- ancial consideration as their question had to do with single fam- ily vs. apartments. Mr. Musso explained that due to the fact it had been zoned multiple and changed hands as multiple zoning is a financial consideration. He did not feel there was justification for changing the zonlng on the property; in other words, a change of circumstances that might justify the rezoning from RG to RL or RS is not greater than the vested interest of the person who owns the property. Councilman Beebe stated he had attended the meeting and they were all unanimously concerned and did not feel it was fair to the second purchaser; it would remove his rights as an individual purchasing certain valued property. The Planning Commission did recommend that the City investigate purchase of the property under the park dedication laws, but it would probably be prohibitively high. After some discussion on the matter, Councilman Taylor made a motion to rezone the area to RG-12, limiting it to single story; however Mr. Musso advised this limit had been changed - there could not be a second story flat, but one unit could be two story and one single story. The motion was seconded by Councilman Miller, however failed by the fOllowing vote: AYES: NOES: Councilmen Taylor and Miller Councilmen Beebe, Pritchard and Mayor Silva * * * PROPOSAL RE The Planning Commission considered possible amendment ZO AMENDMENT of Sec. 28.00 (Conditional Use Permit) of the Zoning Sec. 28-cup Ordinance, and recommends the adoption of an amend- ment which, as explained by the Planning Director, according to Section 65852 of the Government Code is merely a modification of the administrative function and does not change the regulations or land use; therefore, a public hearing by the City Council would not be necessary. Mr. Musso further explained that at the present time all Conditional Use Permit applications require a public hear- ing by the Planning Commission and a recommendation; then action by the Council with public hearing optional at the Council level. This Planning Commission recommendation is for modification of the Ordinance so that the Planning Commission could act on land uses which are allowed by a Conditional Use Permit. The City Council would continue to act on those uses which are not uses specified in a zone and on major uses such as airports, golf courses and so forth. This would take care of the bulk of Conditional Use Permits that come to the Council, relieving them of many minor items unless they are appealed. It would also cut down the amount of the fee on the CUP where the Planning Commission acts. The amount of the fee was discussed, and Councilman Miller felt that the greater part of the work was at the Planning Commission level and the fee should be more than half when there is no Council action required, and it was decided that the fee should be analyzed by the staff before the ordinance is prepared. Councilman Miller also brought up the matter of time limits on a CUP and stated it was a policy at one time that all Conditional Use Permits have a time limit, and he felt if a major use is allowed the time limi~~IOtlla be forever, whereas each CUP should have a specific time~limit set, and he wished to have this written into CM-23-428 ~~~ the ordinance also. Mr. Musso explained that presently there is a limit on temporary land uses but not on permanent land uses, such as a service station. February 22, 1971 (ZO Amendment Sec. 28 - CUP) Councilman Miller proposed that a time limit be set on each CUP without setting up a table, at the time the permit is granted. Councilman Miller did not agree that the Planning Commission should act on all they propose; there is something to be said for Council review. Mayor Silva on the other hand felt that the more authority that is given to the Planning Commission, the better the Council would function as much of their time is taken up with trivial matters. By the same token the Planning Commission is working towards giving the Planning Director more authority, and he felt in so doing, the City would function better. The consensus of the majority of the Council was that they would still get a number of conditional use permits and would always have the right of appeal. * * * The minutes of the Planning Commission meeting of February 2, 1971 were noted and filed. MINUTES - PLANNING COMMISSION * * * The Planning Director explained that with re- gard to the Portola Mobile Home Sales area and the question of use of a mobile home trailer for occupancy as an office, that the ordinance does not presently allow mobile homes or trailers to be used except under certain circumstances. They can be allowed for a year while a home is being constructed, in a mobile home park, as a policy for an accessory building in commercial areas and for a church; they have been allowed as temporary quarters for business and as tract sales office. REPORT RE OCCUPANCY OF TRAILERS The Planning Commission considered this matter along with the presently pending resolution of the trailer storage issue (Sec. 21.41, 21.44 and 31.00); however, the subject matter is separate from the pending question of storage and could be resolved through the adoption of a proposed revision to Section 21.58. Public hearing was held on January 11, and the matter tabled without date; the Planning Director has recommended that the matter be taken from the table and resolved at this time. The Building Inspector and Fire Chief have commented relative to some of the provisions indicating their opposition. Councilman Taylor stated that to allow a mobile home for a sales office would be a permanent commercial use, and did not feel it should be allowed. The various uses were discussed by the Council. Councilman Miller suggested that the use of a trailer should prob- ably be restricted to six months or not more than one year on any construction site. This point was discussed, and the majority of the Council felt that as some construction took longer a trailer could be a temporary use during the time of construction; however no permanent use would be allowed. Dan Spruiell, Red Carpet Realty, stated that it appeared this subject was brought about due to the application for a Conditional Use Permit to allow a mobile home on a foundation to be used as a sales office, which is the practice in the trailer sales busi- ness in other counties. Mr. Spruiell indicated that this item had been discussed previously at the time Mr. Mosure attended the meeting, now it appears that the Council is denying the use, to which the Council agreed. Mr. Spruiell continued that they CM-23-429 February 22, 1971 (Occupancy of had the mobile home on their plans when they were Trailers) submitted to the Planning Department but it was deleted on the staff drawing which was not realized by the applicant until the Council meeting. At that time the Council indicated this matter could be worked out at the staff level at a later time, but tonight it seems that the mobile home office will not be allowed due to the proposed ordi- nance. He and Mr. Mosure were under the impression that this would be permitted. The Council reviewed the minutes of t~e previous discussion cqn- cerning Mr. Mosu~e's ap[)lication.~,t'-i!:-w-d4/~~t-<t.,_~d?-_ _aa~" eec:-t -r/.,.f"" ::t.L..~.d, ..'-~~/~ -.4r ~~.-~a-~"'-7.,.~....c- ~. OK MJ CI.t:::d~ In regard to the wording of the proposed ordinance, Mr. Musso J stated the Building Inspector suggested that in Item C) the words, "residential dwellingll be changed to II sleeping quarters". The Council agreed this should be changed. Councilman Miller made a motion to refer the proposed ordinance to the staff (Building Inspector, Fire Chief and Planning Director) for review, seconded by Councilman Beebe, which passed unanimously. * * * REPORT RE AIRPORT SIGN A report was submitted by the Planning Director re- garding the City's sign at the airport and golf course. Councilman Taylor made a motion, seconded by Council- man Pritchard, to instruct the staff to consider a proposed modi- fication of the subject sign in order that conformance under the provisions of the sign ordinance will be assured by the amortization date of May 17, 1972. Jack Phillips, 551 No. P Street, objected to the height of the sign which is in excess of allowable building height; the report stated a signing area of 250 sq. ft. and he thought the area was much larger than that. Mr. Musso stated the sign ordinance limits the sign height to 35 feet. Councilman Miller felt the City had a moral obligation to make this sign conforming as soon as possible rather than wait until the amor- tization date. He felt the sign should conform to requirements for signs on a scenic highway. Conformance could be gained by (1) re- placing the present single sign with two conforming signs 64 sq. ft., 8 ft. in height; (2) remove the present sign to the intersection of Airway Blvd. and Golf Course road to serve as a directional sign; and (3) the design of the appropriate signs be sent to the Beauti- fication Committee for review and comment. Councilman Taylor felt the type of sign to be used should not be restricted but referred to the staff for study. The staff was requested to review Councilman Miller's suggestions in making their recommendations regarding the sign. * * * REPORT RE EMERGENCY AMBULANCE SERVICES The City Manager reported that this was a problem of great concern to the City staff and dates back to two years ago when the company operating the ambu- lance service appealed to the City, claiming excessive costs for emergency services forced him to seek addi- tional financial support and asking the public agencies involved for aid. The City has had a contract with the operator which included partial reimbursement for fees not collected for ser- vice extended by him. This emergency type response has been a CM-23-430 February 22, 1971 problem which has grown worse over the past two years. The staff has investigated this problem in some depth, and a request was made for a cer- tain amount of dollars to be extended by the three agencies - Pleasanton, the County and Livermore - and finally a figure was concluded which was felt to be fair and a contract was drafted. The term was to expire in seven months or the end of that year, and it was hoped that the company's revenue and profit might be determined at the end of that time. There have been a whole series of meetings going over the financial data provided by the firm. The operator, Mr. Holmes, has had additional costs imposed upon him recently by legal requirements; he has quoted as informally and orally an amount which he felt necessary to continue service. Mr. Parness said the problem is that emergency service must be provided for the community, and this is a some- what quasi-public service. The issue is how much of the cost must be supported by the local municipal government. It is also a privately operated business, but cannot be self sustaining. Recently the community hospital board has considered the feasi- bility of entering into this business. The joint staff committee has drafted a proposal and recommended that the City Council authorize them to jointly participate in the receipt of a formal proposal by an ambulance contractor to provide this service. The proposal would be made on the basis of a budget, whereby revenue and estimated expenditures would be listed and thereby net oper- ating deficit would be shown. This amount would then be used to determine the amount of support from the governmental agencies. Solicitation would be open to all ambulance companies, and it was recommended that this course of action be followed. (Emergency Ambulance Service) Mayor Silva abstained from discussion and vote on this matter as Allen's Ambulance is a customer of his business; Mayor pro tempore Miller presided. Councilman Taylor made a motion, seconded by Councilman Pritchard, to instruct the City Manager to receive a formal proposal for ambulance service. David Madis, representing Allen's Ambulance, stated he wished to speak against the proposal as competitive bidding would not be suitable for this type of service. If a competitive bid is re- ceived outside the area, a company would have to come in and there would be competition between two services. The quality of service would probably decline. He could see no benefits from bringing in an outside operator when there is a local operator who can provide service. The operator is just asking for reimburse- ment of his cost from operating emergency service. He asked that the proposal be rejected and negotiations be entered into with the present operator. 1/ /J" (/L/J1' /., ;1 ;l. ) 1~rY("'<v ft~:I.!~J;;f;.;%:~.lc;g_ The Council generally discussed this type of service, what shou~d~<~~ and could be provided; would it be logical t at the only bidder in the situation proposed would be Mr. Allen since he is the local business; whether or not there is enough business for more than one ambulance operator; the fact that two other agencies (City of Pleasanton and Alameda County) are involved and the need is to obtain a low bid; the best contract possible should be negotiated. A motion was made by Councilman Taylor, seconded by Mayor pro tempore Miller, to direct the staff to proceed with receipt of formal proposals for emergency service, and the motion failed to gain a majority by the following vote: AYES: Councilmen Taylor and Miller NOES: Councilmen Beebe and Pritchard ABSTAIN: Mayor Silva CM-23-431 February 22, 1971 (Emergency Ambulance Service) Further discussion ensued regarding the desire of the present contractor and his wish to be reimbursed on an economic justification of the emergency opera- tion; books and costs will be available. Mr. Parness reported that the figure of $1200 had been given verbally as the approximate amount needed to continue service and the motion made by Councilman Taylor was again voted upon, with the same result. Discussion was also held on the possibility of bids being received, if the issue would again come before the Council, and it was stated that such would be the case. Mr. Holmes explained that due to government regulations regarding hours of work, time off and wage payments being imposed upon them they were being forced to increase their costs. Mayor pro tempore Miller stated that since this matter had been dis- cussed in detail, he felt a motion would be in order, and Councilman Beebe suggested that since there was a tie vote, perhaps they should ask Mayor Silva to vote also, and the City Attorney was asked to advise in this regard. Mr. Lewis stated that the Mayor had stated he had an indirect finan- cial interest and if Mr. Holmes would be affected one way or another by this, that he should not vote, and he remained of that opinion. Mayor Silva stated that Mr. Holmes was one of his better customers and if his operation ceased to exist, he would stand to lose that business, which might influence his vote. Councilman Pritchard stated he would like to see the matter resolved on the 15th, and Mr. Parness replied this was very possible. Mr. Madis stated they would be willing to offer emergency service until the contract is signed if the Council would authorize the payment of $1200 per month until that time. After further discussion Councilman Pritchard made a motion to direct the City Manager to proceed with a three way contract and concurrently work out an interim rate for a month to month fee with Mr. Holmes and bring back a report of negotiations next Monday night. Councilman Taylor seconded the motion, and it passed 4 to 1 with Mayor Silva abstaining. CONTINUANCE OF CONSENT CALENDAR ITEMS MATTERS INITIATED BY STAFF (Trailer vote) * * * A communication re Mobile Homes from Senator Bradley and the matter of providing library hours on Sunday had been continued until this time, but these items were now further continued until the next meeting. * * * The City Attorney advised that with regard to the matter of voting on trailers and where they were situated within yards, a communication had been re- ceived from the County stating that the language preceding the proposition itself, namely, the fact it was the Council soliciting the advice of the voters and they would not be bound by the result of the vote would not be a proper item on the ballot, not authorized by the Elections Code, and have, therefore, requested that this be brought to the Council's attention for a resolution correcting or amending the ballot proposal to eliminate that language. Mr. Lewis further stated the voters may not understand the proposi- tion and the intent of the Council on that issue. After some discussion regarding a change in the wording, Mayor Silva stated his thoughts, adding he would rather not refer it to CM-23-432 February 22, 1971 the electorate at this time and was, more or less, (Trailer vote) changing his vote and asked that the Council with- draw the request for an advisory election on trail- ers from the ballot of the schools as he felt it was becoming confusing. Mayor Silva made a motion to' withdraw the issue from the ballot; motion was seconded by Councilman Pritchard as he felt there was not enough time to work out the right wording in time to place it on the ballot. Councilman Taylor felt an election was a reasonable way to de- termine the public feeling on this matter. He discussed possible wording and pointed out that repeal of the present ordinance does not mean that there will be no regulating ordinance at all. He felt they should go ahead with the advisory vote with the wording as suggested by the City Attorney. Councilman Beebe said he felt that the Council had more or less abdicated their responsibility in having an advisory vote and was in favor of removing the issue from the ballot. The motion to remove the issue from the school election ballot was then passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller RESOLUTION NO. 23-71 A RESOLUTION REPEALING RESOLUTION NO. 9-71 The staff was instructed to so inform the County Clerk's office. Councilman Taylor said that this did not preclude the possibility of obtaining public opinion through one of the other methods dis- cussed. * * * Councilman Beebe said he had received complaints MATTERS INITIATED about an operation at 3rd and K Streets for stor- BY COUNCIL age of parts, etc. (Complaint) The Planning Director stated they were aware of the problem and the owner had been contacted, and the Fire and Health Department had been requested to investigate the situatioq. He was asked to check on present status of the matter for report to the Council. * * * Councilman Taylor felt that the area of the Sunken Gardens should be patrolled more closely because of complaints regarding motorcycles. (Complaint re Motorcycles - Sunken Garden Area) * * * Councilman Pritchard stated he thought he was voting on tentative approval for funds as re- quested by the Jaycees for the Rodeo Parade. He requested that any request for money under the budget be included as a separate agenda item, not under the Consent Calendar. (Funds for Rodeo Parade) * * * CM-23-433 February 22, 1971 (Ridge Top Proposal) Councilman Miller referred to the matter of the proposed Ridge Top Road in Pleasanton. He sug- gested the Council request the County to buy the land rather than building the road and, secondly, to ask East Bay Regional Park District to reconsider the posi- tion of open space on the ridge; thirdly, to ask ABAG to comment. Mayor Silva said he would like to hear from the Valley Planning Committee regarding this proposal before taking action. Councilman Taylor said he was deeply concerned about this proposal; it is designed to open up this area for development rather than as a tQurist attraction. Councilman Miller made a motion to request the County not to build a road on the Ridge, but after further discussion the Council felt it would be best to wait until the next meeting to take action in this matter so that they could obtain more information for study and review. * * * PROCLAMATION Mayor Silva stated his wish to proclaim March 6, 1971, as Arbor Day and the City Council concurred. * * * ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 12:55 a.m. /' * * * APPROVE ATTEST Mayor ~ "-... j City Clerk Livermore, California * * * CM-23-434 Regular Meeting of March 1, 1971 A regular meeting of the City Council was held on March 1, 1971, in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8: 10 p.m. ',filth Mayor Silva presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * On motion of Councilman Beebe, seconded by Councilman Miller, the minutes of the meeting of February 22, 1971 were approved as amended by unanimous vote. MINUTES APPROVAL * * * Garrett Drummond, 567 So. L. Street, announced that the Beautification Committee would have a tree planting ceremony and award decals at those pieces of land newly improved at the cor- ner of East Avenue and McLeod Street on March 6 at 10:00 a.m. The Council was invited to attend. OPEN FORUM (Tree Planting) * * * Mr. William Struthers offered the trees recently planted at his property at 1789 Fourth Street to any municipal, county or state agency which would like to remove the trees for replanting at another location. (Landscaping - 4th & So. N St.) Mr. Struthers further requested that he be allowed to post a cash bond to insure planting of street trees acceptable to the Public Works Director, and that the final building in- spection be made upon posting of said bond, with the bond amount to be set by the Council. Discussion followed on the tree size, the estimated cost, and the conditions of the bond, and on motion of Councilman Taylor, seconded by Councilman Beebe, the bond was set in the amount to be specified by the Public Works Department to cover the cost of the trees and their planting, with the condition that they be planted within a four week period. Councilman Miller said that Mr. Struthers had had adequate time to replace the trees, but had chosen not to do this. He also felt it was a useless waste of the staff's time to prepare the agreement and handle the cash bond when the matter could be resolved rapidly by withholding final inspection pending the planting of the trees and urged that this motion wpu~1not pe, ~ passed. Jf~ ~ The Mayor pointed out the cost would include the cost to the City for going to bid and other costs incurred in securing and planting the trees. CM-24-1 March 1, 1971 (Landscaping Councilman Pritchard said he opposed the motion 4th & So. N St.) because he was not sure that the City should in- dicate the type of trees to be planted in various parts of town, but the proposal seems reasonable; but he would deny the motion for other reasons. The motion to accept a cash bond was passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor and Mayor Silva Councilmen Pritchard and Miller * * * (Salaries - Raymond Faltings, 1018 Via Granada, said that it City Employees) is getting close to budget time, and he proposed that, due to the situation facing the citizens, no increases in salary be considered for any City employee currently earning $15,000; those earning between $10,000 and $15,000 receive a cost of living increase only; and for those earning less than $10,00 that they be considered for a reasonable increase in salary. In regard to public transportation, he felt that all costs of public transportation, if such is instituted, should be borne by the contributions the community has made and is making to BART. * * * (On-Street Walter Davies, 791 McLeod Street, presented a peti- Parking Limit) tion signed by approximately 150 proprietors, cus- tomers and friends of the business location called "The Mall'!, requesting that the 2-hour parking limit be retained in the vicinity of the Mall, specifically on Second Street between South Livemore Avenue and K Street. Councilman Taylor stated he thought the reduction in the time limit would make more parking available. Jack Roselli, who has a shop in The Mall, stated that there are some unique and technical shops who require more time for the in- dividual customer. Councilman Miller felt the staff might be directed to work out appropriate time limits. Mayor Silva thought this matter should be discussed by other busi- nessmen as well and suggested that the matter be referred to the Chamber of Commerce for resolution, and the Council agreed to such referral. * * * PUBLIC HEARING RE ZONING (Interchange Annex) The Planning Director reported that this matter con- cerns zoning of the property which was annexed as a result of the deannexation of certain property in the Portola Annex; the area consists primarily of the highway and freeway interchange and City street with the exception of a small piece which is presently being developed as a service station. The staff and Planning Com- mission recommend ID Zoning, pending development of a proper zon- ing category for highway commercial use. Mayor Silva opened the public hearing; however, there were no oral comments and no written comments had been submitted. Councilman Pritchard made a motion, seconded by Councilman Taylor, and it was approved unanimously, to close the public hearing. CM-24-2 March 1, 1971 Councilman Taylor inquired if there was any other portion that might be developed as a gas station within the proposed annex. Mr. Musso replied that possibly the rear portion could be; the rest is owned by the state. (Public Hearing - Interchange Annex) Councilman Pritchard made a motion, seconded by Councilman Beebe, to adopt the Planning Commission's recommendation for zoning of this annex to ID District and to direct the staff to prepare the ordinance, and it was approved unanimously. * * * Councilman Pritchard abstained from discussion PUBLIC HEARING RE and vote in the following matter. REZONING 451 No. pst. The Planning Director stated that the property (Hoblitzell) under consideration is located on the west side of North P street. The land use is primarily single family, but there is a church in the area. The present RL-5-0 zoning would allow single family dwellings, and the Gen- eral Plan indicates this area for low residential use. The pro- posed use is a mortuary, but this use is not before the Council at this time. If the rezoning is approved with the intent of allowing a mortuary, such use would be prohibited as the use must have access to a major street; an application would then have to be made for a variance. Based on the fact that the commercial use would be contrary to the General Plan, the Planning Commission recommends denial. Mr. Musso pointed out that P street is designated as a collector street, not a major street. Two written protests against the rezoning were received from William R. Holladay and J. R. and M. K. Harrower, 375 Holladay Court. Mayor Silva opened the public hearing. John Corley, representing the applicant, felt that P Street was adequate to handle all of the traffic resulting from the pro- posed use as a mortuary. He listed Mr. Hoblitzell's background and qualifications, and the applicant wishes to build a mortuary in Livermore. The applicant made several considerations in choosing this site, and the use would serve Livermore. The property is now vacant and the area could be upgraded by allow- ing this use. As far as the applicant is concerned the zoning is immaterial; they are requesting the use, whatever the zone may be. Mr. Corley said the proposed use would benefit the area, the citizens and the City of Livermore. Discussion followed regarding traffic resulting from the proposed use, and Mr. Hoblitzell said he would be agreeable to the Police Chief's recommendations as to traffic routes. Bill Flett, of Gelderman Realtors in Danville, representing Mr. Vineyard, property owner, asked the Council to consider develop- ment of this property as three separate lots; he felt the chances for such development would be nil. Jack Phillips, 551 No. P Street, did object to CO District zoning and felt E District zoning would be better. Mrs. H. W. Kane, 590 No. P Street, stated her understanding that there would be no commercial zoning on P Street when they pur- chased their home twelve years ago. Traffic problems have been created by the recent commercial built on P Street and she felt the neighborhood would rather have a mortuary than a high rise apartment building. CM-24-3 March 1, 1971 (Public Hearing 451 No. P St.- Hoblitzell) J. R. Harrower, 375 Holladay Court, did not feel a mortuary or the commercial zoning was to any- one's advantage. He thought many of the signers of the petition were renters; however, Mr. W. R. Holladay is owner of property adjacent and had indicated he would object to the rezoning. Traffic is heavy, and parking would overflow into Holladay Court. Most people would be reluctant to buy in the neighborhood if the proposed use is allowed. Councilman Beebe made a motion, seconded by Councilman Miller, to close the public hearing, approved unanimously with Councilman Pritchard abstaining. Mayor Silva asked the Planning Director if the ordinances would re- quire adequate parking to prevent overflow, and Mr. Musso replied that the mortuary at East Avenue is more than adequate but people choose, many times, to park on the street. Councilman Beebe felt E District zoning would be more appropriate if this use were allowed so that commercial would not encroach in the area. Councilman Miller said a mortuary is a commercial enterprise how- ever; there might be other requests for further commercial rezoning. Councilman Taylor referred to previous discussion regarding location of mortuaries, and it was generally decided that the use was not best located in residential and should be on a major street. He felt there were other locations more suitable for the use. Mayor Silva felt there might be certain areas now zoned residential which would be suitable for the proposed use, and these could be rezoned to some district other than CO District to permit the use. Councilman Beebe felt this area was transitional an~ as he had in- dicated in previous discussions, the proposed use might be located on this property. Councilman Miller pointed out that residential construction is still possible on vacant lots on the north side. This particular parcel could be developed through the cluster ordinance. He felt this application would allow spot zoning on a residential street and there are better locations for mortuaries than this location. Councilman Miller made a motion, seconded by Councilman Taylor, to adopt the Planning Commission's recommendation for denial of the rezoning; the motion failed to gain a majority by the following vote: AYES: Councilmen Taylor and Miller NOES: Councilman Beebe and Mayor Silva ABSTAIN: Councilman Pritchard Councilman Beebe felt rezoning this property to E District would protect against further commercial development but allow the use. Councilman Beebe made a motion to rezone the subject parcel to E District from RL-5-0, seconded by Mayor Silva; the motion failed to gain a majority by the following vote: AYES: Councilman Beebe and Mayor Silva NOES: Councilmen Taylor and Miller ABSTAIN: Councilman Pritchard The City Attorney stated that Councilman Pritchard was legally justified in not participating in this discusssion and vote due to possible conflict of interest and there being no successful motion, the action of the Planning Commission for denial stands. * * * CM-24-4 CONSENT CALENDAR A communication has been received from the City of San Mateo regarding possible property tax re- lief by means of a different assessment ratio for single family dwellings. March 1, 1971 Communication re Property Tax Relief Councilman Miller said he thought the proposal had merit and perhaps we should follow San Mateo's lead. Discussion was de- ferred on this matter until later in the meeting, if the Council so desired. * * * A communication was received from the Livermore Area Recreation and Park District requesting certain information and considerations re the Jackson Park area. This item was removed from the Consent Calendar for discussion later. * * * This item was removed from the Consent Calen- dar for later discussion. * * * The Sanitary Sewer Fee Adjustment report sub- mitted by the Public Works Director was dis- cussed somewhat and then removed for further discussion. * * * Communication re Jackson Park Area Right-of-Way Condemnation Sanitary Sewer Fee Adjustment The City Manager reported that over the past several weeks contact has been maintained with our representative on the BART Board and their legal counsel on a matter of significant concern to the future of transit services for our Valley. The BART Board, based upon our insistence, has adopted a formal policy of pledging that our Valley, together with two peripheral areooin the district, will receive first priority for rail line extension before transit services are granted to primarily unin- corporated areas. However, with the advent of the Metropolitan Transit Commission regional transit planning, by law, is delegated to this new agency and their membership includes representatives from the nine Bay Area Counties. Consequently, it is conceivable that this Commission would preempt former BART Board pledges, de- pending upon their voting strength. Report re State Legislation - Transit Planning In response to this concern two important bills have been intro- duced to the State legislature, SB 162 and SB 163, both of which will guarantee our current status on rail line transit extension. The staff recommendation is for the Council to adopt a motion urging our State legislative representatives to support these bills. * * * Emergency Ambulance Fee The City Manager reported that in accordance with the direction of the City Council a joint meeting was held with the representative of Allen's Ambulance Company so as to negotiate an interim subsidy for the provision of emergency ambulance services in our City until such time as a permanent arrangement is made. The nego- tiated fee on a month-to-month basis is set at $1,000. It is the staff recommendation that a motion approving this fee be adopted. (Mayor Silva abstained from vote on this item) * * * CM-24-5 March 1, 1971 Claim for Damages (Dean Davis) Storm Drain Fee Adjustment Final Improvements Tr. 3143 (H.C. Elliott) Exempt Business Licenses Payroll and Claims Approval of Consent Calendar CM-24-6 A claim was filed against the City for damages in the amount of $67.47 by Dean Davis. The damages were sustained when his automobile struck a manhole cover. Recommendation is for denial of the claim. RESOLUTION NO. 24-71 A RESOLUTION DENYING THE CLAIM ON BEHALF OF DEAN M. DAVIS OR MELANIE DAVIS * * * The Public Works Director submitted a report, and in accordance with Ordinance No. 604, which provides for yearly adjustment by resolution of storm drainage fees and credits to reflect the change in Construction Cost Index, the following resolution was adopted: RESOLUTION NO. 25-71 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF STORM DRAINAGE FEES FOR CALENDAR YEAR 1971 * * * The Public Works Director has reported that all im- provements have been completed in Tract 3143 to City standards and are ready to be accepted for per- manent maintenance, and he so recommends. RESOLUTION NO. 26-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3143 (H. C. ELLIOTT) * * * Exempt business license applications were received from the following: AAUVJ/Livermore Playschool - ticket sales for speaker Toyland Chapter - Children's Home Society - various fund raising activities during 1971 Granada Little League Women's Auxiliary - various fund raising activities during 1971 * * * Ninety claims in the amount of $17,279.82, and Two Hundred Twenty payroll warrants in the amount of $78,648.77, dated February 24, 1971, were ordered paid as approved by the Finance Director. Mayor Silva abstained from voting on Warrants 9894 and 9934 for his usual reason. * ~ * * On motion of Councilman Beebe, seconded by Council- man Miller, and by unanimous vote, the items on the consent calendar were approved except for those items which were removed and the abstentions men- tioned. * * * Raymond Faltings, 1018 Via Granada, asked to speak with regard to the emergency ambulance fee. March 1, 1971 Comments re Emergency Ambulance Service Fee Mayor Silva stepped down from the chair to abstain from discussion on this matter, and Mayor pro tempore Miller took the chair. Mr. Faltings referred to a newspaper editorial in the Herald News, which he read in part, referring to the interim subsidy. He stated his feeling that this was an open end negotiation and Livermore should allow the rest of the Valley to assume some of the burdens that exist. Mayor pro tempore Miller explained that the item was incomplete inasmuch as Pleasanton was being asked for an amount of $1500, so he did not think Livermore was bearing the greater portion of the burden. Mr. Faltings asked what other activity the staff had undertaken to investigate other means, and he suggested an alternate method with which he was familiar which would make use of the Fire De- partment. He felt we were subsidizing individuals rather than allowing competition to handle the situation. Mayor pro tempore Miller explained the reason for the interim negotiations, and Councilman Pritchard added that on the 12th of March the City Manager would be meeting with representatives from other entities (Pleasanton and Alameda County) to discuss various ways of obtaining the best services for the least cost. * * * A report had been received from the Library Board re Sunday hours at the Library, and this item was postponed from the meeting of February 22, until this time. Library Hours Councilman Miller stated he appreciated the comments made by the Library Board, but there is some public demand for Sunday opening and holiday weekends, or portions of the long weekends, and suggest- ed that Sunday opening be tried for three months and if there is not enough usage, then forget it. Mayor Silva felt that the Library Board had made an in depth study and he concurred with their decision. The report from the Board indicated that there appeared to be very little public demand, and they did not feel that the added cost warranted even half-day service on Sunday. Councilman Taylor expressed his agreement with the decision of the Library Board, adding that as the City grows this matter should perhaps be reconsidered; Councilman Pritchard also agreed with the Board's decision. Robert Allen, 223 Donner Ave., stated he made use of the Library for one main purpose, and that was the Council Agenda packet which is placed there. He suggested a Sunday opening or that the agenda be placed somewhere other than the Library for the use of the public. Lloyd Jansen, 516 Adelle st., speaking as a student, stated that Sunday opening would be best for him in working on research papers, and he was greatly disturbed during the last four day weekend when the Library was closed and he had work to do. He mentioned the fact there were four others who had tried to get in at that time. Arthur Henry, Chairman of the Library Board, stated they did not mean to slam the door entirely on this suggestion, but it was CM-24-7 "-"..-'"----..,......,_..,.._,...._--'-_..'"'--r----.'...,.-....,'-,..",--,..,,-----,----,---------, March 1, 1971 (Library Hours) done as they have had very few requests directed to them; secondly, it does involve a significant cost. They will keep an open mind on the issue and if they feel it is justified, they will try to find the money for it. Another issue is the problem of closing during the holidays; It has happened twice during the past year, however did not happen before that, but it does represent time and a half compensatory time for the employees and again is a cost situation. Councilman Miller asked Mr. Henry if the Board would reconsider this matter during the budget session. * * * Communication re Flag Contest A communication had been received from the Community Affairs Committee suggesting that a contest be held for the design of a City flag. A request for an amount of $100 was made to cover a $50.00 cash award for the winning design and the cost of having the flag made and donated to the City. The committee proposed several rules to govern the contest. Mayor Silva indicated that he felt this was an appropriate suggestion from the Community Affairs Committee and thought it was a good idea. Walter Griffith, Chairman of the committee, stated that the committee felt the flag should be displayed in City Hall rather than on the flagpole. Councilman Miller suggested that since the Community Affairs Com- mittee is a City sponsored committee he felt the proposed designs should be turned in a City Hall rather than the Chamber of Commerce. Mr. Griffith said the committee felt the whole community should be included in this effort and the Chamber is a part of the community. It would relieve the City staff of the burden of collecting these designs for the contest. It had been suggested that some of the sub- mitted designs be displayed at the Chamber and in local store win- dows. The majority of the Council felt that it would be acceptable to let the Chamber handle the details of the contest, but that it would be emphasized the sponsoring committee is a City sponsored one and not from the Chamber. The Council approved the expenditure of $100 by unanimous vote. * * * ALAMEDA COUNTY SKYLINE PARKWAY PROPOSAL The Planning Commission has submitted a report re- commending that the Council advise the County Board of Supervisors that the concept of the proposed parkway not be pursued further and that public monies not be spent on a project that would permit or enhance urban development of the ridge. Before discussing the proposal Mayor Silva indicated his desire to refer it to the Valley Planning Committee for recommendation. He felt that they should hear the reasons from the County as to why they had made this proposal. The Planning Director explained that the objective of the County was to create a scenic parkway; however, the Planning Commission did not agree with the concept of establishing a road in this area, but rather to leave it as the County General Plan indicates in open space. Councilman Taylor pointed out that sometimes the Council does not represent both sides of an issue, and this is such an instance CM-24-8 March 1, 1971 where the Council represents only one side or part(Skyline Parkway) of the citizens of Livermore. This matter does not require coordination of the several cities involved, and the Council has the responsibility to point out to the County how the citizens of Livermore feel about the proposal. Councilman Pritchard said if the land would be controlled by the County it would be a different situation. Instead the land will be owned by others and the County will not have control. He stated he was against putting a road on the ridge. Mayor Silva stated he was in agreement with the statements made by the Planning Commission, but there was not any testimony from Alameda County and he was hesitant to make a decision without their testimony. He would be willing to forward the recommendations with the statement that with the facts presently before the Coun- cil, the Council is against the proposal. Councilman Beebe said he was not sure that denial of the proposal would not deprive the future citizens of a regional park in this area. Mr. Musso stated the General Plan indicates the Pleasanton Ridge and the Sunol Ridge to be a park area extending from the Calaveras area north to ultimately connect with the Water Company lands. The proposed parkway plan is essentially in conformance with the General Plan with respect to the recreational aspects; the only difference is that the County plan indicated no major roadway through the area. Palomares Road is shown as a secondary road and Foothill Road as being a north-south route. There was no route proposed between them, but the proposed parkway plan indicates a connection between the Sunol Valley Regional Park and Water Company lands and the East Bay Municipal Utility District lands near San Leandro reservoir. The proposed roadway will extend up Pleasanton Ridge, along the top, until it reaches Highway 580 at Palomares Road, then drops down and goes up Norris Canyon Road over the hill into the water company lands. The proposed design includes a trailway system for pedestrians, horses, and bicycles, and a recreation area is proposed as an adjunct to the roadway with picnic and camping area. The main concern of the Planning Commission is whether the road is necessary. The other facilities could be provided without the road. The money to be expended for the construction of the road could be used to acquire parkland and the existing roads could be used for access. The total cost is estimated between $64,000,000 and $55,000,000. If the roadway is built, the cost of the adjacent land will increase to the point where it would be too costly to acquire for recreational purposes so it would probably be developed. Councilman Miller made a motion to: 1) oppose the road to the County and adopt the recommendation on page 2 of the Planning Commission's report with a change in line 2 to read, "Rather it is recommended that the $64,000,000 or any expenditure of monies"; 2) to send a copy of the Planning Commissionls report to the East Bay Regional Park District and request them to reconsider their previous recommendation; and 3) to send a copy of the letter to ABAG and request comment about this violation of their open space proposal. The motion was seconded by Councilman Pritchard. Councilman Pritchard made a motion to amend the main motion by adding the words, "based on the information before us", seconded by Mayor Silva, and passed by a four to one vote with Councilman Miller dissenting. The main motion as amended then passed un- animously. * * * CM-24-9 ..-..---..'_-_m'-.__-..-'..-r-'-"'..'.' "'...."....'-..........."'...,-...,..''---- PLANNING COMMISSION SUMMARY A summary of action taken at the Planning Commission meeting of February 23 was noted for filing. Councilman Miller stated he understood that extensions of Planned Unit Development permits over 60 days require a hearing by provisions of the ordinance. Mr. Musso advised that this does apply to commencement date, but in the case of Springtown and Lincoln the extension involves completion dates. Councilman Miller felt the extensions should be reviewed by the Council. Problems have arisen in the past regarding extension of PUD permits. The permits should either be resolved or else expire; they should not be extended over and over. Mr. Musso stated that perhaps a little more detail could be given on the summary in such cases so that the Council would be aware of the details involved. * * * REPORT RE STREET TREE PLAN A report was submitted by the Public Works Director regarding the street tree plan. Garrett Drummond, chairman of the Beautification Committee, said the committee had considered that portion of the plan concerning residential areas. The concern was based on the problem of providing diversity and variety in residen- tial area. There is too much similarity in our developments and only through diversified planting can that variety be added. The committee urges that the street tree paln be modified as recommended. Councilman Miller offered an amendment that replacement of any street tree with any other tree from the street tree list be made "after consultation with the staff". This would give the staff an oppor- tunity to discuss the reasons for the recommended choice with the homeowner. Councilman Pritchard felt residents should have freedom of choice, referring to those instances when it was necessary to replace a tree. Councilman Taylor stated that a tree is a neighborhood asset in the public right-of-way, and the homeowner should not have the right to cut down that tree and replace it with a much smaller one. The City Manager asked what the Council's intent was as to replace- ment of trees - would replacement be allowed by choice or only when there was a valid reason for removal and replacement with another variety, such as damage to sewer lines or sidewalks. The Council discussed the problems involved, would it encourage tree removal because the owner did not like the particular tree or is it reasonable to allow the homeowner to choose the type of tree he wishes for replacement. It was decided that the majority of trees will be planted by developers, which will be alternated on the various streets resulting in a certain uniformity. In the matter of replacement, the Council decided by a four to one vote (Mayor Silva dissenting) to allow replacement when necessary; homeowners would have the option to replace that tree with another variety as approved by the City. The Council's action, in effect, approved the staff recommendation as presented with the option re- garding replacement trees. RESOLUTION NO. 27-71 A RESOLUTION APPROVING PRECISE PLAN FOR CITY STREET TREES * * * CM-24-10 March 1, 1971 Discussion regarding the communication received from Senator Clark L. Bradley regarding taxation of mobile homes was continued from the previous meeting. COMMUNICATION FROM SENATOR BRADLEY RE MOBILE HOMES Councilman Taylor said he did not feel Senator Bradley understood the situation as presented by the Council and suggested that a committee be appointed to draft a reply. Mayor Silva suggested the staff be instructed to reply inasmuch as he felt that Senator Bradley misinterpreted the Council's letter. Councilman Pritchard was concerned about the use and taxation rather than mobile homes as a type of dwelling. Councilman Taylor did not feel Senator Bradley's remarks were pertinent to the Council's inquiry. The City Manager said an in depth study is being conducted now by the Institute of Local Self Government. John Houlihan is heading this study and he has advised that it will be done in about three months and should provide a great deal of information on this subject. The Council felt that a reply should be made to Senator Bradley with further explanation of the Council's position. * * * Councilman Pritchard abstained in the discussion and vote on this matter. PROPOSED ORDINANCE RE CEMETERIES, MORTUARIES In connection with the Council's previous dis- cussion and action regarding the proposed Zon- ing Ordinance amendment which pertains to the regulation of cemeteries, crematories, mausoleums, columbariums and mortuaries and revision of Section 28.00 (Conditional Use Permits), Council- man Miller raised the question of the association of crematories with mortuaries. If mortuaries are to be allowed in residential areas, crematories should not be allowed as it is more of an industrial use. Mr. Musso stated that the crematory is a minor adjunct to the other uses. Robert Pritchard, 4886 Primrose Lane, pointed out there are two types of cremation processes and both more than meet the pollution regulations; there is no smoke or odor emission of any kind. Councilman Miller urged that the Council members reconsider per- mitting the location of mortuaries in residential areas. Councilman Beebe made a motion, seconded by Councilman Taylor, to waive the first reading of the proposed zoning ordinance amend- ment, regulating cemeteries, crematories, mausoleums, columbariums and mortuaries and revising Section 28.00 (Conditional Use Permits), and by the following vote the proposed ordinance was introduced and filed: AYES: Councilmen Beebe, Taylor and Mayor Silva NOES: Councilman Miller ABSTAIN: Councilman Pritchard * * * In connection with the proposed Zoning Ordinance amendment to assign zoning categories to various areas west of North L Street, south of Park st., north of railroad right-of-way, Councilman Miller stated there may be problems in obtaining park PROPOSED ORDINANCE RE ZONING NO. L & PARK STREETS AREA CM-24-11 ----.'-'--'--,..,-'----'-"--'--------'_.. March 1, 1971 (Re Zoning No. L & Park Streets) dedication in this general area. He had discussed this situation with the City Attorney who recommended that the staff be directed to prepare a Park Plan indicating possible park locations within this general area so that if an ordinance is passed providing for park dedication from multiple units legal points will be clarified and made more tenable. Secondly, on the assumption that such a park plan existed at this moment, what would be the best way to secure park dedication. The best way would be to obtain it by contract zoning; the next best way would be through the issuance of a building permit. The City Attorney stated that at the present time there are a cer- tain number of intangibles. More authority at a later date would be assured upon conditional zoning. Districts should be established throughout the City and standards set up similar to those in sub- divisions. Councilman Miller said he was concerned about park dedication. There is only one property which requested rezoning; zoning of the other property involved was initiated by the City. Action should be de- layed until park dedication is worked out. The best time to get the conditions of public dedication needed is at the time of the zoning which increases the property value. The City Attorney explained that contract zoning is a type of zoning where ordinances are written which state that the City may only grant the zoning if the property owner agrees in writing to do certain things. The idea is that the zoning has to stand on some condition such as increase in streets or provision of parks. Rezoning of that property puts a burden on the community, and the property owners can be required, in a reasonable way, to meet that burden through a contract which precedes the zoning. If the contract is broken, the zoning cannot be denied but must be rezoned in the regular manner. Until a park district is established, the City cannot say what will be required. Councilman Taylor stated that this is the largest parcel which has been rezoned from single family to multiple, and it is in the public interest to provide park dedication. The Council discussed delaying the rezoning until the method of re- quiring park dedication can be worked out and at the close of dis- cussion Councilman Pritchard made a motion, seconded by Councilman Beebe, to waive the first reading (title read only) of the proposed Zoning Ordinance amendment to assign zoning categories to various area, west of No. L Street, south of Park Street, north of railroad right-of-way, and Shell and California Water Service Company proper- ties; motion passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller * * * RECESS AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * PROPOSED ORDINANCE CHAPTER 18, SEC. 18.21 A motion was made by Councilman Miller, seconded by Councilman Taylor, to waive the first reading (title read only) and by unanimous vote the proposed ordinance amending Chapter 18, Section 18.21, relating to sewers was introduced. * * * CM-24-12 March 1, 1971 Discussion of a communication from the City of San Mateo regarding possible property tax re- lief by means of a different assessment ratio for single family dwellings was removed from the Consent Calendar. COMMUNICATION RE PROPERTY TAX RELIEF Councilman Miller discussed present methods of tax assessment and the fact that single family homes do not accrue income as business properties do. A change in assessment practices as suggested would require a constitutional amendment. The Council discussed how such a proposal would affect the com- munity. Councilman Taylor felt that more information was needed before this matter could be fully considered. A motion was made by Councilman Taylo~ seconded by Councilman Miller, to consider this proposal in more detail at a later date. The motion failed to gain a majority by the following vote: AYES: Councilmen Taylor and Miller NOES: Councilman Beebe and Mayor Silva ABSTAIN: Councilman Pritchard * * * A communication has been received from the Liver- more Area Recreation and Park District in regard to the development of Jackson Avenue park. This item was removed from the Consent Calendar for discussion at this time. COMMUNICATION RE JACKSON PARK AREA Councilman Miller referred to LARPD's suggestion that a street be designated on the easterly side of the park for future de- velopment. If the City does agree to construct the street, LARPD should be willing to join the City by providing funds for the street in the amount equal to cost of public improve- ments they would otherwise have to provide if the street is not constructed. The Council felt they should wait for a staff report on this request before discussing the matter further. Mayor Silva said he would like to know if it would be feasible to allocate a certain portion of community parks for the storage of campers and trailers. Councilman Miller said it had also been suggested that a portion of the airport property be fenced for storage and those using the facilities would pay for them. The Council directed the staff to explore this possibility and to make a report to the Council. * * * Tract Map 3222 was recorded with a small portion inadvertently included which is not in the de- veloper's ownership. A report was submitted by the Director of Public Works with the recommen- dation that the Council authorize the commence- ment of condemnation procedures and to seek immediate possession with all costs to be borne by the title company or developer. This item had been removed from the Consent Calendar for dis- cussion at this time. STREET RIGHT-OF-WAY CONDEMNATION (Tract 3222) Councilman Miller stated he did not feel the City should enter into the resolution of this problem; it is not the job of the City to condemn for a business mistake. CM-24-13 -,..'-.-'--_..__...."..,'--,..,' "--_..........,..,, ......_,_...."-,-------",.. March 1, 1971 (Right-of-Way The Public Works Director said an honest attempt Condemnation) has been made to acquire the land. If this por- tion of the area is not purchased, there will be an opening in the street system. He felt it was in the interest of the public to accept this re- commendation. Mr. Lee said there is an alterna- tive as the title company is willing to file a corrected map which would leave a gap in the street. All the facilities such as sewers and water lines would have to be rerouted. The City Attorney said that in discussion with the title company, it was agreed that their attorney would handle all the proceedings and costs. A motion was made by Councilman Beebe to adopt the staff recommen- dation for commencement of condemnation procedures, seconded by Councilman Pritchard. Motion was passed and the following resolu- tions were adopted by a four to one vote with Councilman Miller dissenting. RESOLUTION NO. 28-71 A RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION OF A TRIANGULAR PORTION OF REAL PROPERTY IN FEE SIMPLE, FOR PUBLIC STREET PURPOSES, LOCATED BETWEEN THE MOST EASTERLY AND WESTERLY EXTENSIONS OF THERESA WAY AS SHOWN ON TRACT MAP 3222, CITY OF LIVERMORE, STATE OF CALIFORNIA. RESOLUTION NO. 29-71 A RESOLUTION APPOINTING SPECIAL COUNSEL FOR ACQUISITION OF THERESA WAY RIGHT-OF-WAY - EMINENT DOMAIN * * * SANITARY SEWER FEE ADJUSTMENT Consideration of this item was removed from the Con- sent Calendar for further discussion. Councilman Miller felt that the inclusion of mobile homes under classification "A" should be resolved. The Public Works Director said a survey of the present situation would be made and a recommendation made soon. On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous vote, the following resolution was adopted: RESOLUTION NO. 30-71 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF SANITARY SEWER CONNECTION FEES FOR CALENDAR YEAR 1971 * * * MATTERS INITIATED BY COUNCIL (Federal Revenue Sharing) Councilman Beebe referred to previous discussion re- garding federal revenue sharing proposal. He felt it might be better if this money came directly to the cities as a proportion of the income tax. Mayor Silva said this would be his recommendation at the forthcoming conference in Washington, D.C. The Council discussed possible ways of carrying out such a proposal. (PUblic Hear- ing Continuance- East Ave.- Maniz,Pritchard) * * It was requested by the hearing for rezoning on 8th, be continued until was granted. * applicant that the public East Avenue set for March March 29 and permission * * * CM-24-14 As the Mayor and the City Manager will be out of town on the 22nd of March, it was suggested that there be no meeting on that date, but that a meeting be held on March 29th. * * * March 1, 1971 (Meeting Dates) Councilman Pritchard referred to a communication (Filing Fee) received from the Beverly Hills Chamber of Com- merce. He felt some of their suggestions were against the democratic process. The Council discussed the possi- bility of requiring a filing fee, and the staff was directed to include this on a future agenda for discussion. * * * Councilman Miller said he understood the junk yard on Portola Ave. was to have been abated. The staff was directed to check on this matter. * * * Councilman Miller inquired as to status of re- port regarding conversion of City automobiles to propane. The City Manager has been working with the County in this regard and a report should be forthcoming. * * * Councilman Miller asked if the effect of varying densities of development on the runoff is in- cluded in the study and report being prepared on the Arroyo runoff. The Public Works Director said the report should be ready in a month or so. * * * Councilman Miller asked if there is a proposal in the Transportation Study for a low level bus service to LRL and Sandia Corp. The City Manager said this wouldbe asegregated part of the report and the consultant recommends this be instituted whatever other decisions are made. * * * Councilman Miller suggested that the vineyards should be protected by designating them as a state asset. This would mean permanent use as vineyards and a resultant tax break. He felt this matter should be investigated. (Junk Yard - Portola Ave.) (Conversion of City Autos to Propane) (Arroyo study on Runoff) (Transportation Study) (Preservation of Vineyards) Councilman Taylor said permanent zoning has been proposed more and more over the years. The staff was instructed to contact one of the local vineyards and see how they felt about this proposal. * * * Mayor Silva referred to the Beautification Com- mittee's recommendation for renaming the East Avenue triangles as East Avenue Greens. (Naming of East Avenue Triangles) The Public Works Director advised that just recently he and the Landscape Architect had prepared a procedure for naming such areas which was presented to the Beautification Committee. The procedure routes such matters to the Beautification Committee, CM-24-15 March 1, 1971 (Naming of East Ave. Triangles) ADJOURNMENT to the Planning Commission, to the City Council for final approval. This procedure will be pre- sented for Council adoption. The suggested name was informally agreed upon and will be formally adopted at the next meeting. * * * come before the at 12:20 a.m. APPROVE * * * Regular Meeting of March 8, 1971 A regular meeting of the City Council was held on March 8, 1971, in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:15 p.m. with Mayor Silva pre- siding. ROLL CALL * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES APPROVAL On motion of Councilman Pritchard, seconded by Councilman Miller, and by unanimous vote, the minutes of the meeting of March 1st, were approved as amended. OPEN FORUM (Police Patrol) * * * Jack Phillips, 551 No. P Street, asked the Council if they have considered having two patrolmen to a car after dark. Mr. Parness advised that in most instances this is the practice; usually using police reserve officers. If there are not two officers, then there is a followup car on the way when an officer is making a contact. Mr. Phillips congratulated the Council for having a crossing guard placed at El Caminito; also, he inquired if a traffic signal is being considered for that crosswalk as he felt there should be one there. Mr. Phillips advised the Council that his trial has been set for April 16 with regard to his violation of the sign ordinance. (Time Limit on Various Applications) * * * Earl Kerr, 1654 Hollyhock Street, stated he had suggested several months ago that a limit be placed on the frequency of a zoning request, building permit or other permit submitted to the Council for consi- deration, and in particular referred to the applica- tion for the mobile home park near the airport. He questioned the Council as to why the matter could not be resolved the first time CM-24-16 March 8, 1971 since the Planning Commission's recommendation (Time Limits) was presented and petition submitted by the property owners and homeowners opposing the application instead of cluttering up the agenda two or three times. Mayor Silva stated that as long as the required fees were paid, there was no alternative but to consider the matter. Councilman Miller stated he had suggested a limit of six months or one year be set before a reapplication can be made, but the majority of the Council did not agree that a limit should be placed, and Councilman Taylor agreed, adding that if the same application is submitted time after time, it does wear you down, but did not think they had a legal choice not to consider an application; however, in this particular instance there was sub- stantial change between the first and second applications. Coun- cilman Pritchard added that the matter was continued inasmuch as there was additional information regarding the use of the land in and around airports coming out of a study by ABAG. The City Attorney added that some jurisdictions do have a limit which generally covers an application for rezoning or permit which is the same or similar to a previous one that is barred. Councilman Pritchard remarked that Mr. Kerr had appeared before them many times before, and felt the situation was no different than when he appeared before the Council as they always listened to what he had to say. * * * The public hearing on the adoption, by reference, of the 1968 Edition of the National Electrical Code is held in accordance with uniform code adoption procedures. This code will replace the current 1925 edition. Notices have been transmitted earlier to all interested contrac- tors and our Board of Appeals recommends adoption. PUBLIC HEARING RE ADOPTION BY REFER- ENCE OF 1968 EDITION NATIONAL ELECTRICAL CODE The City Manager explained that this matter has been under study by the staff for many months; information about its potential adoption has been submitted to all contractors - electrical and building; opinions have been solicited and it has been processed through the Board of Appeals prior to introduction to the Council. Tom Murphy, representing the Association of Home Builders of the Greater East Bay, also the construction industry via building code action, wished to congratulate the Council on behalf of the in- dustry on their action in adopting the 1968 electrical code and keeping the codes as up to date as possible, thereby eliminating needless cost and expense. There being no further comments from the audience, or were com- ments submitted, on motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous approval, the public hearing was closed. On motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote of the Council, the second reading of the ordinance was waived (title read only) and the following ordinance was adopted: ORDINANCE NO. 736 AN ORDINANCE AMENDING CHAPTER 8 OF THE LIVERMORE CITY CODE, 1959, RELATING TO ADOPTION OF THE NATIONAL ELEC- TRICAL CODE, 1968 EDITION, AND AMENDMENTS THERETO. CM-24-17 - _._--_._---_._--_._~-_._.._...._.. ..-...-....-..-.- March 8, 1971 Weed Abatement CONSENT CALENDAR RESOLUTION NO. 31-71 RESOLUTION DECLARING THAT THERE EXISTS WEEDS GROWING ON OR RUBBISH, REFUSE AND DIRT ON PRIVATE PROPERTY AND/OR STREETS ADJACENT TO PRIVATE PROPERTY PARTICULARLY DESCRIBED IN THIS RESOLUTION AND DECLARING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING SAID CONDITIONS ABATED. The above resolution is the first step in the annual program for weed abatement on vacant properties. A total of approximately 1,000 parcels have been posted. Report re Airport Lease Modification * * * The City Manager reported that a lease agreement for the Fixed Base Operator requires that semi-annual pay- ments, based on gross receipts, be paid to the City within 30 days after the close of each period, with a statement by a C.P.A. in support. The Lessee has found the 30-day time allowance to be insufficient to prepare the C.P.A. statement and they have requested a modifi- cation of the requirement. It is recommended that the lease modi- fication be approved as follows: 1. Requirement for advance quarterly gross receipts payment 2. Annual C.P.A. statement of tenants business activities Beautification Committee Minutes Exempt Business License Approval of Consent Calendar REPORT RE SUPERVISORIAL REDISTRICTING * * * Minutes of the Beautification Committee meetings of February 4 and 18 were presented to the Council. * * * An application for an exempt business license was received from the American Legion, Livermore Post No. 47 for a benefit variety show to be held on April 19. * * * On motion of Councilman Pritchard, seconded by Coun- cilman Taylor, and by unanimous vote, the items on the Consent Calendar were approved. * * * Mayor Silva reported that it is now necessary to redistrict the area for supervisorial districts based on population. Supervisor Murphy would like to see Livermore-Pleasanton Valley in one district, to include Dublin, and would also like to take in Fremont and Newark, excluding Union City. There have been state- ments made that one supervisor would like the foothills from Berkeley, swinging through Castro Valley, including Dublin which would give two supervisors for the Valley, and Mayor Silva indi- cated he did not agree with that proposal. Another problem is that Newark, Union City and Fremont want to remain under one super- visor. Due to the population, one of those cities has to be deleted. The Council discussed the possibility of benefiting from having two supervisors; however, it was generally agreed that the Valley should remain in one district. Also discussed was whether it would be best to be included with Fremont and Newark, or Hayward and Castro Valley. CM-24-18 March 8, 1971 Councilman Pritchard made a motion, seconded by Councilman Miller, that the Valley should remain together, and that the Valley in total should be in the same district as Fremont and Newark. The motion was approved unanimously and the staff directed to draw up the formal resolution for submittal to Board of Supervisors. (Supervisorial Redistricting) was the RESOLUTION NO. 32-71 RESOLUTION REQUESTING THAT ALAMEDA COUNTY BOARD OF SUPERVISORS CONSOLIDATE LIVERMORE, PLEASANTON, DUB- LIN, FREMONT AND NEWARK WITHIN THE SAME SUPERVISOR- IAL DISTRICT. * * * A notice has been transmitted by Robert G. Olson, alerting the City as to the proposed redistrict- ing of Congressional Districts which may cause our Valley to be segregated from the Bay Area complex. Our affiliation with the metropolitan core and East Bay communities should be maintained, and Mr. Olson asked that the Council adopt a resolution for submittal to the State Legislature, urging consideration in their deliberations on reapportionment and favorable redistricting. CONGRESSIONAL REDISTRICTING PROPOSAL Mr. Olson, 369 Harding Avenue, addressed the Council and further stressed the fact that it would be more desirable to remain in the district as an integral part of the Greater Bay Area, rather than as part of the San Joaquin District; secondly, he felt the northern part of the state is poorly represented in the Assembly Election Reapportionment Committee. When the Committee was es- tablished, of which there are fifteen members, all but three are from south of the Tehachapis - Bob Monigan from Tracy, Willy Brown from San Francisco and Bob Crown from Alameda, none of whom have a particular interest in the Valley or its future. After some discussion by the Council, a motion was made by Coun- cilman Miller, seconded by Councilman Beebe, and approved unan- imously, to adopt the following resolution: RESOLUTION NO. 33-71 RESOLUTION RE REDISTRICTING OF LEGISLATIVE DISTRICTS There is to be a public hearing on the 1971 reapportionment of Legislative, Congressional and State Board of Equalization Districts, on March 26, 1971, at Sacramento. Councilman Pritchard indicated that he would like to attend this meeting and perhaps present the resolution at that time. If he is unable to attend, other arrange- ments will be made. Mr. Lewis suggested that the resolution be sent to the committee, and at the meeting other prepared comments could be made. * * * The City Manager reported that an applicant is interested in annexing property located south of U.S. 580, east of North Livermore Avenue and abutting the former Coast Manufacturing Company property on the north side. It comprises about 130 acres. Prior to preparing the detailed description and maps the applicant wishes to inquire of the Council its interest in this proposal. REPORT RE INQUIRY ON ANNEXATION Councilman Miller asked the City Attorney if he had a conflict of interest in this matter; Mr. Lewis advised him that he did not CM-24-19 March 8, 1971 (Annexation Inquiry) and could participate in the discussion, however should the property be proposed for rezoning, if he is within 300 feet, it would be necessary to abstain at that time. Mr. Parness explained that the property is in one ownership, with one possible minor exception. It is fairly symmetrical and would not cause any unusual islands or small protuberances that would be incorporated around it in the event that it is allowed. Being in one ownership would preclude any difficulties of annexation agreements if they do propose development. Mr. Parness stated that recently it is his understanding there may be some interest from abutting properties in joining the annexation. One of the primary purposes of the applicant before they prepare all the description and mapping is they would like the Council to decide what should be included. The Council discussed the surrounding properties and concurred that they should inquire if other properties are interested in annexa- tion at this time. Councilman Miller suggested that the Council proceed with investi- gation of adjacent properties and to consider the annexation without any commitment to use as the policy of the Council. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to start the wheels on the annexation, with adjacent proper- ties, both east and west, to be contacted for the purpose of includ- ing them in the annexation. There is to be no commitment as to use. Mr. Norman Warnow stated that he had control of the 44 acres ad- joining the subject property on the west, and saw no reason not to annex to the City. He stated there was another piece of property of 18 acres between Las Positas and the freeway that could possibly be included. The motion was voted on and passed unanimously. Earl Mason, Associated Professions, stated this property belonged to his client, and he would like to know if it is permissible to consider the application for rezoning concurrently with the annexa- tion as has been done sometimes in the past. Councilman Miller felt the Council should wait until a report is forthcoming from all the properties before they decide on that issue. Mr. Parness asked if it would not be appropriate, assuming they would concur with the configuration of the annexation proposal, as they have done in the past sometimes, that they be permitted to submit land use proposals while the annexation matter is under consideration. Councilman Taylor asked if this was with the idea that if the use which is requested might not be granted it would give them time to withdraw. Mr. Mason stated he did not know whether or not this was the intent of his client; the main purpose is to save the three to five months time it takes to annex, so the public hearings could proceed, and a tentative answer could be given as to what would be allowed shortly before final annexation is signed. Mr. Lewis explained the problems that might be involved if the interested parties should withdraw after annexation proceedings are initiated. Councilman Miller pointed out there was one thing different in what was being requested by Mr. Mason and what has been done occa- sionally when they have carried on zoning applications concurrently with annexation proceedings; the zoning application reflected ex- actly what was in the General Plan. He felt the application being CM-24-20 March 8, 1971 presented, which would include a mobile home (Annexation Inquiry) park, did not reflect the General Plan; therefore, he felt the Council should be more cautious. Councilman Taylor stated there are other problems; before they decide specific zoning they must do a specific General Plan study of the area. Mr. Mason stated that is one reason his client would like to limit the annexation to his piece of property and his application because if there are other properties involved and one person withdraws, and you change it 5% or 10%, you have to begin allover and refile. Mel Baker, 907 Miranda Way, stated the Council should consider some of the unwelcome effects the annexation might have on the community and referred to the increase in population, more cars, pollution, overcrowding of schools and increase in taxes, and hoped all these factors would be weighed. * * * The Planning Director explained that the tenta- tive map of Tract 3294 was a subdivision map for a townhouse development which has a series of lots fronting on common easements and common open space. The map BS submitted is in conformance with the zoning ordinance. Many of the public works improvements are installed as indicated in the staff report. The question of the triangle, a portion of Lot 29, is still not resolved; there is a zoning action pending before the Planning Commission. The main discussion cen- tered around the fencing treatment and the access on Murrieta; emergency access is indicated just south of the commercial area; the main access is to be off Del Norte Drive. There would be no backing lot treatment of fencing along Del Norte; there would be a backing lot type of fencing treatment along Murrieta Blvd. The only modification that the Planning Commission proposes may be for purposes of aesthetics and site plans that the fence in the corner portion of the common area of Murrieta Blvd. and Del Norte could be reduced in height or eliminated. TENTATIVE TRACT MAP 3294 (H.C. Elliott) The Planning Commission recommends approval subject to the recom- mendations contained in the Engineering, Planning Department and City Fire Department reports. The Council discussed the density and possible zoning of Lot 29, and Councilman Taylor suggested that the wall could be lowered in the vicinity of common greens as it was not necessary for privacy, and this point was discussed, and the Council generally agreed this could be done except in the storage area. The sugges- tion was noted by the Planning Director who was directed to do whatever would be aesthetically pleasing with regard to lowering the fencing in certain areas. Councilman Miller pointed out that the Council approval was not to exceed 10 d.u./acre, and it does exceed that by one-half a dwelling unit. He suggested that a piece of land out of Lot 29 be used to make up their 48 units, then they would be at exactly 10 d.u. per acre so they would not have to redesign their tract. This point was discussed, however it was generally agreed that it was in conformance with prior instructions. Councilman Miller stated that the placing of the units in relation to the common area did not allow for much open space and he did not think the design was a very good design, which indicated that the density even at 10 d.u. per acre was too high. Councilman Taylor agreed, however felt that the problem was due to the fact it was an odd shaped parcel. The proposal before them fits the proposed townhouse ordinance according to the re- quirements for usable open space and number of units per acre. CM-24-21 ............-......--..........----........---r-...........-.......-........... March 8, 1971 (Tract 3294, H.C. Elliott) Councilman Miller stated that although this plan was in conformance with our specifications, he felt they should make some changes in the proposed townhouse ordinance before it is finally adopted. Mr. Musso stated that the main cause of the problem is the auto- mobile as it is necessary to provide a garage on each lot to ob- tain FHA approval. Mr. Lewis stated that this number of units was computed when Mr. Elliott made his dedication of park land in the park site off Murrieta Blvd. However, since that time there has been an adjust- ment of the ordinance and now there is a higher standard and no place for land dedication left in this area. Under our .present policy, if we take fees they could only be used on some site close to the airport, and he asked Mr. Musso if there was a place in mind for that, to which Mr. Musso replied in the affirmative and stated it would probably be redesigned and the park moved in conjunction with the air approach easement. Mr. Lewis stated the question really is if they want, on a resub- division of a parcel where there has been a dedication or the pay- ment of a fee, to assess the difference between the old and the new. Councilman Miller stated it was the reasonable thing to do as they had agreed they would use the new dedication because the need exists for a park. Mr. Musso stated the property was zoned multiple for a certain num- ber of units and the dedication was based on that number of units. The reason it is before the Council now is they want to resubdivide that same number of units. Councilman Miller explained that originally the parcel was zoned RG-12 which would have allowed twelve apartments per acre, and park dedication was based on that number of units; now the number of units has changed;however the park dedication has changed on the part that is now being developed, which means that he receives a partial credit for what he has already dedicated. Councilman Beebe stated the developer could build 58 units by just taking out a building permit; he is building lesser units and it is being suggested that he be charged additional money for additional park dedication. Councilman Miller said that the developer has, in fact, resubdivided and this is the point at which park dedication is determined. Councilman Taylor said there were two questions involved: was it morally right to require this extra park land after land has al- ready been dedicated for multiple use; the other pertains to the ordinance as now written. Since the ordinance has been rewritten, the intent of the Council has been to require the new standards in those instances which have come before the Council. Councilman Miller made a motion, seconded by Councilman Taylor, to apply the park dedication at two acres per hundred units for this resubdivision with the appropriate credits for the ten less units. Councilman Pritchard stated that if this property had been left at the original zoning of RG-12, the extra park dedication would not have been required. Since it is being resubdivided, the extra park land would be required. The motion to require the park dedication at the new standards with appropriate credit was passed unanimously. Councilman Pritchard made a motion, seconded by Councilman Taylor, to adopt the Planning Commission's recommendation, as amended regarding the backing lot treatment and subject to the Engineering and Fire Department reports; the motion passed unanimously. CM-24-22 An application has been made by Jupiter Con- struction Company for amendment to PUD No. 22. The applicant has requested that the public hearing for this application be set for April 5; Councilman Miller requested, that if the applicant the hearing be set for April 12 as he could not be the meeting of April 5. * * * The Planning Commission considered possible names for the frontage road generally located northeasterly of the Airport at the request of the Director of Public Works. The Commis- sion considered several aviation oriented names recommends renaming the street to "Kitty Hawk". March 8, 1971 AMENDMENT TO PUD 22 (Jupiter Constr. Co. concurred, present for REPORT RE STREET NAME FOR FRONTAGE ROAD EAST OF AIRPORT and unanimously The Council discussed the various suggestions including the Planning Commission's recommendation, but felt that the renaming of the street should be continued for one week in order to con- sider other possible names before a decision is made. * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS OF THE COUNCIL PRESENT. * * * A report was submitted by the Planning Director regarding Jackson Avenue park public works im- provements. A request has been received from the Recreation District concerning certain road improvements in the vicinity of the proposed park. RECESS REPORT RE JACKSON AVE. PARK PUBLIC WORKS IMPROVEMENTS The Planning Director reported that several questions had been raised by the Recreation District and one of the major questions concerns the alignment of Pomona Way as it extends easterly. The Council had previously indicated that the extension be straight through, leaving the property on the north for resale in order to recover the cost of the street. The Recreation District suggests the extension be moved northward to border the school. The suggested treatment by the Recreation District for the area to the east is to serve a portion of the eastern frontage with a short street; however, this would be very costly. The City staff now proposes a series of group streets which would provide open- ing to the park without extensive street frontage and minimize traffic, and which would be installed as part of any development to the east. The cost of the proposed cul-de-sacs which extend into the park should be shared by the Recreation District. There are also problems in connection with the private lane on the westerly side of the park. In response to Councilman Pritchard's question, Mr. Musso explain- ed that there is on-site provision for parking. The Council was shown a tentative plan for the development of the park by Mike MacCracken, member of LARPD Board, who discussed the various de- tails including the planned location for a horse trail. Mr. MacCracken stated a meeting would be held for discussion of the proposed design by residents and concerned citizens in the near future. Mr. MacCracken continued it is important to make some decisions regarding this park so that development can be started this spring. The letter sent to the Council by LARPD outlined the optimum sit- uation for designing the park. A long narrow park, with backing frontage on both sides, makes the park look like a channel and prevents people from seeing the park. The Recreation District CM-24-23 .-.---..-...........-..-...........--..--..-..--..... March 8, 1971 hopes there will not be a cul-de-sac on Claremont Way as it takes a large area and is expensive. Residents are strongly opposed to extending Clare- mont Way through to East Avenue. Another crucial question is providing access across Amling-Devore Lane for utilities to the park. He questioned whether or not this utility access could be made on Pomona Way. Alignment of Pomona Way adjacent to the school property would provide for a larger park, but the LARPD Board did not feel they should be responsible for the cost of the street. LARPD will be responsible for the road work along East Avenue and they felt it reasonable to ask that the City be responsible for Pomona Way im- provements. The District could not see a need for sidewalks along Pomona Way as internal walkways could be used. Also, there would be a problem from the lighted tennis courts if there is backing lot treatment along that area. It was the District's understanding that if a road were put in the City would do so on park land which would not have to be purchased from the owner (Pestana). They had only requested the road extend one-half the way, not three-quarters. (Public Works Improvements- Jackson Ave. Park) The Council discussed the points in the staff recommendation. 1) The Council agreed that there is a need for a minimum turn-around or cul-de-sac extending into the park design at the end of Clare- mont Way; the sidewalk might be eliminated and no parking allowed. 2) LARPD had planned to have City water service provided from East Avenue and California Water Service from Pomona Way in order to have enought water pressure for the turf and pool. The staff was directed to investigate the various possible means and economics of providing water, including a temporary arrangement with California Water Service Co. 3) The cost for extending Pomona Way through the park site would be $56,000; about $3,000 would be saved if the sidewalks are not put in on the park side. A motion was made by Councilman Pritchard, seconded by Councilman Miller, to realign Pomona Way directly ad- jacent to the school property. Discussion followed regarding financing of the extension; Council- man Miller pointed out that the extension does not have to be done immediately but provisions should be made for the extension. A roll call vote was requested by Councilman Pritchard. The motion failed to pass by the following vote: AYES: NOES: Councilmen Pritchard and Miller Councilmen Beebe, Taylor and Mayor Silva Councilman Beebe made a motion to extend Pomona Way straight across unless LARPD is willing to assume an equal portion of the cost for realigning the street (sidewalk on park side to be eliminated),ad- jacent to the school; motion seconded by Councilman Taylor, and passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard The Council discussed possible street patterns and parking provlslons. Councilman Miller suggested that a long straight street running along the east side, in place of the loops suggested as alternates, would be a good idea and the cost would probably be assumed in part by the City and Recreation District as they must provide parking anyway. He felt the park should be visible rather than backing lot treatment and urged the Council to view the long term rather than the short term effect. After discussion the Council felt that a decision was not necessary at this point in time regarding the street pattern on the east. It is the intent of the Council that a street will be provided along the tennis court area in any event. CM-24-24 March 8, 1971 5) The Public Works Director pointed out that (Public Works in past instances of park development, the streets Improvements- have not been paid for by the City. The policy Jackson Ave. Park) has been that whoever develops the property pays for the street. If the City were devcloping muni- cipal property, the City would pay for the streets. Whenever the street is reconstructed by the City, as on Rincon and Chestnut streets, the adjoining property is not charged. Mr. Parness stated that the schools are requested to pay for streets front- ing on their property. Mr. MacCracken stated that the Recreation District only leases the park land; title remains with the City, and they felt that the City should pay for the streets. The Council discussed past policy and the manner in which streets have been paid for when- ever parks have been developed. The Council referred to previous discussion regarding the exten- sion of Pomona Way. If Pomona Way goes straight through, the adjacent lots will have to assume the cost for the street to the middle point; the money received from the sale of the lots would defray the cost incurred by the City for the other half of the street. Mayor Silva requested that the minutes reflect that the Pomona Way extension is a special case and the Council is not establishing a policy regarding the City's responsibility for street frontage improvements. The policy regarding finan- cial responsibility in the provision of street frontage improve- ments was referred to the joint City-Recreation District Committee for discussion and recommendation. The City Attorney pointed out that if Pomona Way goes straight through the portion northerly of the centerline of Pomona Way will not be within the jurisdiction of the LARPD. In regard to a question posed by Councilman Miller, Mr. Lewis stated that the decisions made tonight are the first which set the boundaries of the park, either the southerly boundary of Pomona Way or to the center of the street. 6) The Council did not wish to discuss the sidewalk standards for the Pomona Way extension until a later date when the plans can be presented in more detail. * * * The Planning Commission minutes of their meetings PLANNING of February 2 and 23 were noted and filed. COMMISSION MINUTES * * * A motion was made by Councilman Beebe, seconded by Councilman Taylor, to waive the first read- ing (title read only) of the proposed ordinance rezoning the recently annexed area known as "Interchange Annex" to ID District and by unan- imous vote the ordinance was introduced. PROPOSED ORDINANCE RE ZONING INTER- CHANGE ANNEX * * * ~ Councilman Miller suggested several changes in the text of the proposed ordinance regulating cemeteries, crematories, mausoleums and mor- tuaries and Section 28.00 re Conditional Use Permits. The following changes were made: PROPOSED ORDINANCE REGULATING CEME- TERIES,CREMATORIES, MAUSOLEUMS & MOR- TUARIES, SEC. 28.00 CONDo USE PERMITS Item 28.52, last sentence should be changed as follows: "Conditions must include (a) Time Limit for commencement and completion of development. (b) Time Limit after which use is to be terminated. Conditions may also include but shall not be limited to the following: (with items c thru i)". CM-24-25 March 8, 1971 (Ordinance re Cemeteries, etc. ) Item 28.51, insert words "all of" before "the following findings". Ross Hoblitzell, 358 El Caminito, stated that he did not feel cemeteries and mortuaries should be required to have access to a major street. The Council discussed their previous reasons for requiring such access. A motion was made by Councilman Beebe, seconded by Councilman Taylor, to waive the first reading of the proposed zoning ordi- nance amendment regulating cemeteries, crematories, mausoleums and mortuaries and Section 28.00 - Conditional Use Permit (title read only) and by the following vote the proposed ordinance was intro- duced: AYES: Councilmen Beebe, Taylor and Mayor Silva NOES: Councilman Miller (as he was opposed to mortuaries in residential areas) ABSTAIN: Councilman Pritchard ORDINANCE RE ZONING NO. L, PARK STREET (Fahnhorst and PC Initiated) * * * ORDINANCE NO. 737 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING On motion of Councilman Beebe, seconded by Councilman Pritchard, the second reading of the above ordinance was waived, and by the following vote the ordinance was passed: AYES: NOES: ORDINANCE AMENDING SEC. 18.21 (Sewers re Service Laterals) Councilmen Beebe, Pritchard and Mayor Silva Councilmen Miller and Taylor * * * ORDINANCE NO. 738 AN ORDINANCE AMENDING ARTICLE I, RELATING TO GENERAL PROVISIONS, OF CHAPTER 18, RELATING TO SEWERS, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION OF SECTION 18.21, RELATING TO SERVICE LATERALS. On motion of Councilman Beebe, seconded by Councilman Miller, the second reading of the above ordinance was waived and by unanimous vote the ordinance was passed. MATTERS INITIATED BY STAFF (Contract- Sipes) MATTERS INITIATED BY COUNCIL (Parking) CM-24-26 * * * The City Attorney advised that a contract which pro- vides for the reimbursement of the City in install- ments for an amount of $450.30 for damage to a City pickup has been drawn up for authorization by the Council and signature of the Mayor. The motion to so authorize the Mayor was made by Councilman Taylor, seconded by Councilman Beebe, and approved unanimously. * * * Councilman Pritchard inquired as to status of the agreement to be made with Mr. Ed Hutka regarding parking for his business. Mr. Lewis advised that the City staff is working with Mr. Hutka presently. * * * March 8, 1971 Councilman Miller referred to the Planning Com- (Sign Violations) mission's minutes regarding Atlantic Richfield sign violations. Mr. Musso stated that a var- iance had been granted but has since expired; the Planning Depart- ment has contacted them regarding these signs but no reply has been made. Now the Commission has requested that they come in to the Planning Commission meeting for discussion regarding the signs. Councilman Miller felt stronger action should be taken as they are in violation of the ordinance. The City Attorney stated that he has exercised jurisdiction by asking the company to appear; after this is done further action can be taken. * * * The City Attorney advised that the City has re- ceived a complaint and summons filed in the Su- perior Court on behalf of Dublin Properties which involves that area of Wagoner Farms developed partly by Leonardo and another subdivider and involves fees and credits held in trust. The Council had previously instructed that these monies be deposited in trust pending possible court action. The City is also included as defendant for several thousand dollars which sum is said to have been given to Leonardo improperly. This will have to be contested in Court, and he has been asked to accept service of summons on behalf of the City, and Mr. Lewis so requested and received approval of the Council. (Summons re Dublin Properties) * * * Mayor Silva felt that the Council should have a representative at the meeting of the Board of Supervisors on March 11 regarding the proposed Skyway route. The Planning Director was asked to represent the City. (Board of Supervisors) * * * The Council decided to have its regular meeting on the 22nd of March and not to meet on the 5th Monday, the 29th of March. (Council Meeting) * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 11:45 p.m. to an executive session to discuss appoint- ments to the Beautification Committee. * * * ATTEST ~ ()~ YJ,\~ M.a..yor. YPrr~~L tEempore ~~~ Clerk rmore, California APPROVE * * * CM-24-27 Regular Meeting of March 15, 1971 A regular meeting of the City Council was held on March 15, 197~, in the Municipal Court ChambersA 39 So. Livermore Avenue. The meeting was called to order at b:10 p.m. with Mayor pro Tempore Miller presiding. ROLL CALL MINUTES OPEN FORUM (Political Signs) * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller ABSENT: Mayor Silva (on vacation) * * * A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to approve the minutes of the meeting of March 8, 1971 as submitted; motion passed by unanimous vote. * * * Robert Allen, 223 Donner Avenue, inquired as to means which may be used to prevent political signs from being placed on public property. Mayor pro Tempore Miller stated that the signs are definitely not allow- ed on public property, and if any citizen observes such signs they should call the Public Works Depart- ment regarding removal. The Planning Director advised that a letter was being sent to all candidates advising them regarding placement of their signs. (Additional Police Force,) VCSD Communication re Camp Parks Disposition Parking Time Limit * * * Jack Phillips, 551 No. P Street, suggested that additional police officers be added to the force so that two officers can serve in each patrol unit during the night shift. * * * CONSENT CALENDAR A communication has been received from Valley Com- munity Services District regarding a resolution adopted declaring their intention with regard to the disposition and future planning of the landsof Camp Parks and its environs and stating their policy re annexation to the District. * * * A request has been made by a property owner for a one-hour parking zone on the corner of Second and "N" Streets. A report regarding this request was made by the Public Works Director, and it is re- commended that a resolution be adopted authorizing the change in the parking time limit. CM-24-28 RESOLUTION NO. 34-71 A RESOLUTION PURSUANT TO SECTION 13.58, DESIGNATING ONE-HOUR PARKING ZONE FOR THE WESTERLY SIDE OF "N" STREET BETWEEN FIRST AND SECOND STREETS. * * * March 15, 1971 A report was made by the City Attorney regarding Report re Associate the need for associate counsel assistance in a Counsel Services suit which has been filed against the City by a property owner west of the present municipal air- port. The claim should be legally contested by the City, and it is recommended that a resolution be adopted designating such counsel. RESOLUTION NO. 35-71 A RESOLUTION APPOINTING ASSOCIATE COUNSEL IN ACTION FOR INVERSE CONDEMNATION: MOLDT, ET AL, v. CITY. * * * Three appointments were made to the Beautifica- tion Committee to fill vacancies due to resig- nations from the Committee. Appointments to Beautification Committee RESOLUTION NO. 36-71 A RESOLUTION APPOINTING THREE MEMBERS TO THE BEAUTIFICATION COMMITTEE (Mrs. Kathleen Bossler, Tom den Daas, Dale Turner) * * * Permission to use State Route 84 for the rodeo parade has been requested by the Police Chief on behalf of the Rodeo Committee. The Division of Highways advises that before such permission can be granted a resolution must be adopted by the Council. Use of State Rte 84 for Rodeo Parade RESOLUTION NO. 37-71 A RESOLUTION REQUESTING DIVISION OF HIGHWAYS FOR PERMISSION TO USE A PORTION OF STATE HIGHWAY 84 AS THE ROUTE FOR THE LIVERMORE JAYCEES RODEO PARADE BETWEEN 8:30 A.M. -12:00 M. JUNE 12, 1971. * * * The County has requested that a resolution be adopted in regard to the necessary relocation of Murdell Lane. The street is to be relocated no later than October, 1973, and the City's ob- ligation has been transferred to the property owner, Carlton Development Company, and bonded as a special proviso of their PUD extension. It is necessary to adopt the following resolu- tion so that the County can proceed with the Stanley Blvd. improvement. Relocation of Murdell Lane RESOLUTION NO. 38-71 A RESOLUTION OF INTENTION TO CAUSE THE RELOCATION OF MURDELL LANE A DISTANCE OF 820 FEET WESTERLY OF ITS PRESENT INTERSECTION WITH EAST STANLEY BOULEVARD PRIOR TO OCTOBER 1973. * * * Departmental reports were received as follows: Airport - activity and financial - February Building Inspection - February Fire Department - February Golf Course - February Planning Activity - February Police and Pound Departments - February Water Reclamation - February Departmental Reports CM-24-29 March 15, 1971 Communication re Greyhound- West Facilities A communication has been received in response to our inquiry to Greyhound Lines-West regarding provision of facilities. The Public Works Director explained that if another location is obtained it might be necessary to improve the street to prevent deterioration from the added traffic and weight of the buses. He stated that no reply has been received from the PUC in this regard. * * * Exempt Business Licenses Exempt business license applications have been made by the following: Foresters of America - dance on March 20 Jr. Hi Camp Fire Girls - bake sale st. Michael's Soccer Boosters - sale of candy Livermore Softball Association - sale of soft drinks, coffee, candies, etc. at park during game American Little League Women's Auxiliary -various fund raising activities during the year Fraternal Order of Eagles - spring festival April 21-25 (Also a request re street closure) Candystripers - Valley Memorial Hospital - bake sale * * * Payroll and Claims One hundred twenty claims in the amount of $76,839.52 and two hundred seventy payroll warrants in the amount of $80,481.60, dated March 11, 1971, were ordered paid as approved by the Finance Director. Councilman Beebe abstained from voting on Warrant No. 10035 for his usual reason. * * * Approval of Consent Calendar A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to approve the Consent Calendar, and passed by unanimous vote. * * * CUP-Auto Rental Agency 4186 East Ave. (Canfield) A request for a Conditional Use Permit to allow operation of auto rental agency and auto storage in a neighborhood shopping center at 4186 East Avenue has been made by Damond L. Canfield. The Planning Director stated the use would be on a part of the shopping center which is undeveloped. The use has been allowed since 1968 and was originally granted for a short per- iod of time and then extended for two years; then a reapplication was made and the use again granted up to the present date. The Planning Commission feels that this is not a suitable use in a neighborhood shopping center and recommend that the permit be denied with an extension for a period of time (until June) for relocation of the business. The parking area had not been paved since this was considered a temporary use and improvements had not been required. The approved plan calls for use of this area for future parking for the shopping center. The applicant, Damond Canfield, stated that the CUP is for a rental agency, but the agency is not in the shopping center. The shopping center parcel is used only as storage for automobiles, and the agency itself is located in his service station at 4186 East Avenue. His rental arrangement with the shopping center is on a month-to- month basis and could be terminated at any time. CM-24-30 The Planning Director explained that the use is in a CN zone and the auto rental use is not per- mitted. The reason for the application is the operation of the auto rental agency out of an automobile service station. March 15, 1971 (CUP - 4186 East Ave.) Councilman Taylor asked the applicant how many rentals were handled; Mr. Canfield said they could run as high as eighty a week and the turnover is quite rapid with the Lawrence Radiation Lab and Sandia as major users of the service. Upon question by Councilman Pritchard, Mr. Musso stated that a car rental agency use would be permitted in General Commercial and Central Business and Industrial zones. The real problem resulting from this use has been congestion. Councilman Taylor stated that this rental agency had been lo- cated at several other places in town where it is permitted prior to its present location, but it had never been very satisfactory in those locations. He felt it now seemed to be ideally located, and the parking of the cars does not seem to be offensive, and he felt it was reasonable to continue this use on a temporary basis. He could not see any reasonable place for relocation of this bus- iness at the present time. Mr. Musso asked Councilman Taylor if he felt the agency use should be continued on a permanent basis at the service station site. Councilman Taylor said no, but presently there is adequate park- ing at this site and he felt it was a good location for the use. Councilman Beebe made a motion that the auto rental agency use be continued for one year provided the month-to-month tenancy for parking with the shopping center is continued; motion was second- ed by Councilman Pritchard. Mayor pro tempore Miller stated that the allowance of the pro- posed use would mean essentially abandonment of that section of the ordinance prohibiting city-wide commercial use in a neigh- borhood shopping center. A rental agency is not a neighborhood use but a city-wide use. This particular use has been renewed several times, and at the last time it was renewed it was said to be the last renewal. The applicant had had time to find a place for relocation. Approval of this use would be precedent for such use at other service stations. Councilman Taylor stated that this shopping center had never been completed which leaves a large parking area not needed by the commercial development. Secondly, the number of cars does not contribute to congestion and the only problem is parking of the cars. In this case they are using area already designated for parking and asked where would there be a better location for the use. Mayor pro tempore Miller felt it was more convenient if located downtown, however Councilman Taylor felt there was enough con- gestion downtown and location of the agency downtown would only add to that congestion. The Council discussed conditions under which the use would be continued, and felt that the use could be continued if the area leased for parking from the shopping center is not needed for expansion of the shopping center. If the month-to-month tenancy should be terminated, the use would create a problem. The motion to continue the use for a period of one year, provided the park- ing tenancy agreement is continued, was passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, and Pritchard Councilman Miller Mayor Silva CM-24-31 March 15, 1971 PROCLAMATION Mayor pro tempore Miller recognized the attendance (DeMolay Week) of a group of DeMolay members and the proclamation of this week as DeMolay Week. * * * TENTATIVE TRACT MAP 3293 (C.N. Fletcher Co.) A tentative map for Tract 3293 for property located on the south side of College Avenue, east of Angel- ica Way, has been submitted by C. N. Fletcher Co. The Planning Director explained that this is a re- submittal of a map which had been approved for several years. The map had expired and under a state law must be resub- mitted. The submitted map is almost identical with the original one except that the additional one acre for park dedication has been provided. Another lot, adjacent to College Avenue, is not part of the subdivision and Mr. Musso felt it should be included. The Council discussed whether the lot should be included in this tentative map and whether it was required to be included by provi- sions of the Subdivision Act. The City Attorney stated that a lot must be included if it is necessary for proper development and design of the subdivision. Mr. Musso felt the lot should be included and numbered as Lot 19. Councilman Taylor asked Mr. Musso what the problems were concerning flag lots and dog-leg cul-de-sacs. Mr. Musso said that in most planning situations dog-leg cul-de-sacs are avoided, and the Fire Department and F.H.A. do not approve of such planning. In this instance the problem can be solved by making Sherry Court into a straight cul-de-sac, creating two flag lots. The Council dis- cussed the advantages and disadvantages of the two designs and other possible solutions. Councilman Taylor made a motion, seconded by Councilman Pritchard, to approve the Planning Commission's recommendation, with the in- clusion and numbering of the lot on College Avenue, for approval of the subject map subject to conformance to Exhibit "B" and the conditions contained within the Planning, Engineering and Fire Department reports (excluding Planning Consideration No.8 regard- ing Sherry Way turn-around.) The Public Works Director said that in planning they try to avoid the four-way intersections as they are greater points of conflict than three point intersections. There are also economic consider- ations such as traffic lights which can then be eliminated as a necessity when 4-way intersections are not installed. The motion to accept the Planning Commission's recommendation for approval then passed unanimously (Mayor Silva absent). * * * PROPOSED ORDINANCE AMENDMENT RE TRAILER PARKS A discussion of the proposed amendment of several sections of the Zoning Ordinance regarding trailers, trailer parks and their regulation will be held in a joint session with the Planning Commission on Tuesday, April 13. A public hearing date will be set on this item after the joint session. * * * ALLOCATION FOR MOBILE HOMES A communication from the Planning Commission regard- ing possible establishment of a percent allocation for mobile homes and citing their reasons for re- commending that a map indicating potential areas for mobile home parks not be made will also be dis- cussed at the joint Council-Planning Commission meeting on April 13. * * * CM-24-32 An application for rezoning of an area on the north side of Murrieta Blvd., 150 feet south of Portola Avenue from RG-12 to Commercial District has been made by H. C. Elliott, Inc. March 15, 1971 REZONING RE NORTH SIDE MURRIETA BLVD (H.C. Elliott) Councilman Pritchard made a motion, seconded by Councilman Beebe, to set this matter for public hearing on April 12; motion passed unanimously. * * * An application for rezoning for an area located on the south side of Linden street, 50 feet easterly of North P street, from RL-5-0 to RM District has been made by Wm. N. and Candy Davis. This rezoning application was set for public hearing on April 12 by the previous motion. * * * The Planning Commission minutes of the meeting of March 9 were submitted but no action taken. * * * Councilman Pritchard made a motion, seconded by Councilman Beebe, to waive the second reading, and by unanimous vote (Mayor Silva absent) the following ordinance was passed. REZONING RE SOUTH SIDE OF LINDEN ST. (Wm. N. Davis) PLANNING COMM. MINUTES ORDINANCE RE ZONING "INTERCHANGE ANNEX" ORDINANCE NO. 739 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00, THEREOF RELATING TO ZONING * * * A motion was made by Councilman Taylor, seconded by Councilman Beebe, to waive the second reading and by the following vote the ordinance shown below was passed: AYES: ZONING ORDINANCE AMENDMENT RE CEME- TERIES, CREMATORIES, MORTUARIES AND SEC. 28.00 - CUP Councilmen Beebe, Taylor and Miller (Councilman Miller voted "aye" in the absence of Mayor Silva to reflect the majority vote of the Council) NOES: None ABSTAIN: Councilman Pritchard ORDINANCE NO. 740 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, RELATING TO ZONING, BY: AMENDING SUBSECTION 7.22 '(DELETING SANITARIUMS, BUT ALLOWING MORTUARIES AS A CONDITIONAL USE IN RM DIS- TRICTS); ADDING SUBSECTION 7.27 (MAKING HEALTH FAC- ILITIES A PERMITTED USE IN RM DISTRICTS); AMENDING SUBSECTION 8.23 (MAKING MORTUARIES A CONDITIONAL USE IN RG DISTRICTS); AMENDING SUBSECTION 8.27 (MAKING HEALTH FACILITIES A PERMITTED USE IN RG DISTRICTS); ADDING SUBSECTION 16.27 (MAKING A MOR- TUARY A CONDITIONAL USE IN E DISTRICTS); AMENDING SUBSECTION 17.50 (RELATING TO THOSE OCCUPATIONS RE- LATING TO PROFESSIONS IN THE CP DISTRICT); AMENDING SUBSECTION 21.52 (RELATING TO SPECIAL PROVISIONS FOR CEMETARIES AND OTHER USES); AMENDING SUBSECTION 21.54 (RELATING TO SPECIAL PROVISIONS FOR LABOR CAMPS, MOTELS AND MORTUARIES); AND AMENDING SECTION 28.00 (RELATING TO CONDITIONAL USE PERMIT). * * * CM-24-33 March 15, 1971 MATTERS INITIATED BY STAFF (Ambulance Service) MATTERS INITIATED BY COUNCIL (Ridgetop Area) The Finance Director reported on the progress of the ambulance service study and stated that six proposals had been received in response to the re- quest for information. These will be discussed with the County purchasing agent on March 17. Interviews will be held with these companies and a report made to the Council soon. * * * Councilman Beebe felt a proposal which has been made to designate the ridgetop area as a national park should be considered and our representatives contacted in this regard. The staff was requested to prepare resolutions to be sent to our representa- tives on this issue on motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous approval. Councilman Miller also suggested that in lieu of designation as a national park, the area should be designated as a state park. (Saturation Density) * * * Councilman Beebe asked the Planning Director what the Planning Commission minutes referred to in men- tioning saturation density. Mr. Musso said this re- ferred to efforts to determine what the saturation holding capacity and density of our end of the Valley would be from foothill to foothill, which was determined to be approximately 285,000 people. Councilman Beebe felt that more consideration should be given to means of providing open space. The City Attorney has indicated that this might be accomplished through dedication of the tract map, but this must be made attractive to developers to get them to have density transfer within the tract. Mr. Lewis said he had discussed density transfers with members of the Council and the Planning Commission. Presently this cannot be done, and changes will have to be made in the law before it can take place; however, he had recommended to the Planning Commission that study be made along this line in the event such changes do take place so that the City may take action at the later time. Mr. Musso said that open space can be provided through density transfer now if the developer wants to do so, but there is the problem of maintaining the dedicated land. Councilman Beebe felt efforts should be made to cooperate with the developers rather than trying to force them. The Council discussed ways of providing open space and what efforts can be made by the City to work with developers in designing areas so that perpetual open space is dedicated. (Valley Planning Committee) CM-24-34 * * * Councilman Taylor reported that the Valley Planning Committee expressed, informally, an interest in con- sidering any questions regarding the General Plan of any of the agencies. Mr. Fales of Pleasanton pre- sented ideas they had discussed about a Valley-wide study. * * * Councilman Pritchard requested a more detailed report from the Fire Department about calls to 776 Hanover street regarding possible fire and then later for a fire causing damage. * * * Mayor pro tempore Miller said that notification of a hearing regarding reapportionment will be held and Carlos Bee had sent a statement of his views in this regard. * * * March 15, 1971 (Fire Dept.) (Reapportionment of Districts) Mayor pro tempore Miller commended Alden Lane (Arbor Day) Nursery for the more than 600 free trees given out in observance of Arbor Day. The Council un- animously voted to commend Alden Lane Nursery, and Jack Williams in particular, for this public service. * * * (Del Valle Park Fees) Mayor pro tempore Miller stated East Bay Park District has assigned some new fees for Del Valle Park and felt it might be recommended that the passes for entrance include weekends rather than just week days. The staff was requested a letter to the District regarding the fee structure ing that the passes be extended to weekends. * * * to prepare and request- Along the line of variances and extensions of PUD permits, Mayor pro tempore Miller inquired about the Planning Commission minutes regarding the Due & Elliott property. The tentative has expired on this RL property, and according to the policy of this Council, rezoning should be initiated to RS, but the Commission did not do so because the representative implied that RS zoning was being considered; however, an extension still allows an RL map to be approved unless the Planning Commission initiates the rezoning to RS. Mayor pro tempore Miller suggested that the Council direct the Planning Commission to initiate rezoning to RS on this property since the tentative map has expired. (Council Request for Rezoning) The Council discussed the property involved and Councilman Taylor agreed with Mayor pro tempore Miller, and made a motion to direct the Planning Commission to initiate rezoning of the whole corner to residential districts considered by the Zoning Ordinance; the motion was seconded by Councilman Pritchard and passed by the following vote: AYES: Councilman Taylor, Pritchard and Miller NOES: Councilman Beebe ABSENT: Mayor Silva * * * Mayor pro tempore Miller stated that K - B at Wagoner farms was flying ten flags which is in violation of the ordinance and felt they should be so informed. * * * (Flags at K - B) CM-24-35 March 15, 1971 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:07 p.m. to an executive session to discuss legal matters. * * * APPROVE ATTEST * * * Regular Meeting of March 22, 1971 A regular meeting of the City Council was held on March 22, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor pro tempore Miller presiding. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller ABSENT: Mayor Silva (on vacation) * * * MINUTES Minutes of the regular meeting of March 15, 1971, were approved as submitted on motion of Councilman Beebe, seconded by Councilman Taylor, by unanimous vote. * * * OPEN FORUM Mayor pro tempore Miller invited any member of the audience to address the Council on any subject not on the agenda, but no comments were made. * * * CONSENT CALENDAR Withdrawal of Rezoning Ap- plication, North Side of Murrieta (Elliott) A communication has been received from H. C. Elliott, Inc. requesting withdrawal of the rezoning applica- tion for the parcel located on the north side of Murrieta Blvd., south of Portola Avenue. The Planning Director stated that this matter had been discussed by the Planning Commission, and they had recommended that several conditions be placed on the rezoning, including the annexation of the remainder of the property which is now in the county. The applicant had re- quested a more liberal commercial zoning than the one considered by the Planning Commission. The Council discussed whether they wished to accept the withdrawal request or if they should proceed with the public hearing, set for April 12, and consider rezoning this parcel. Councilman Taylor felt that this piece of property should be in- cluded in the townhouse development and Councilman Miller stated CM-24-36 March 22, 1971 (Rezoning Applica- tion, Elliott) some thought should be given to rezoning it as commercial in the hope of exercising some con- trol over future commercial development on the adjacent county land owned by the applicant. After further discussion, the majority of the Council felt that the withdrawal should be accepted and the land left at its pre- sent zoning of RG-12 and added to the adjacent townhouse develop- ment. * * * A Communication has been received from the City of Lafayette enclosing a copy of their resolution in general opposition to the com- mercial advertising policies and program of BART. This item was removed from the Consent Calendar for discussion later in the meeting. * * * A communication has been received from John W. Noonan, of the firm of Miller, Critchfield & Eaton, attorney for the Livermore Police Asso- ciation, requesting clarification of several points relating to the In-Service Training Program for the Police Department. This item was removed from the Consent Calendar for dis- cussion at an executive session following the meeting. * * * A communication from Standard been received regarding a new material for use in bottles. material resists breakage and erated. Oil Company has type of resin The new bottle is easily incin- * * * RESOLUTION NO. 39-71 A RESOLUTION CONSENTING THAT A PORTION EAST STANLEY BOULEVARD WITHIN THE CITY LIVERMORE BECOME A PART OF THE COUNTY HIGHWAY SYSTEM. OF OF Communication re BART Communication from Police Ass'n. re In-Service Training Program Communication from Standard Oil Co. re New Resin Bottle Resolution re East Stanley Blvd. A request has been made by the County Public Works Department for jurisdiction of East Stanley Boulevard during the course of re- construction. At the conclusion of the work jurisdiction will be returned to the City. * * * Two claims in the amount of $20,000 each have been filed against the City for alleged person- al injury and property damage occasioned by a traffic accident on November 30, 1970, on Portola Avenue. It is recommended that the claims be denied. RESOLUTION NO. 40-71 Resolution re Claims Against City A RESOLUTION DENYING THE CLAIM OF ELFRED O'NEAL WEAVER RESOLUTION NO. 41-71 A RESOLUTION DENYING THE CLAIM OF MARTHAJANE SCHAFER CM-24-37 March 22, 1971 Report re Capital Improvements Projects Report re Quezaltenango Parkway Light Poles A report was submitted by the City Manager regarding Capital Improvement Projects for 1970-71. It is recommended that a resolution be adopted authorizing advertisement for bids for these projects. RESOLUTION NO. 42-71 RESOLUTION ACCEPTING AND APPROVING PLANS AND SPECIFICATIONS ASCERTAINING WAGE SCHEDULE AND DIRECTING CLERK TO ADVERTISE FOR BIDS FOR EIGHT CAPITAL IMPROVEMENT PROJECTS. * * * A report was submitted by the Public Works Director regarding the Beautification Committee's recommenda- tion that the 16-foot marbelite street poles removed from First Street be installed in the Quezaltenango parkway. The staff felt the poles could be modified for use in the Parkway and that they would be aesthe- tically pleasing. It is, therefore, recommended that the use of the poles and the expenditure of about $400 for their conversion be authorized. * * * Minutes The minutes of the Housing Authority meeting of February 16 were acknowledged. * * * Claims Sixty-eight claims in the amount of $73,829.12, dated March 18, 1971, were ordered paid as approved by the City Manager. Approval of Consent Calendar PROPOSED ZONING ORDI- NANCE AMEND- ING SEC. 21.00 (Off- Street Parking) * * * On motion of Councilman Beebe, seconded by Council- man Pritchard, the Consent Calendar was approved unanimously (Mayor Silva absent) with the exception of those items which were removed for later discussion. * * * After discussion, a motion was made by Councilman Pritchard to continue the first reading and vote regarding Zoning Ordinance amendment to Section 21.00 - Off-Street Parking; Off-Street Parking and Loading Space; Off-Street Parking Lots; Areas; and Garages for two weeks until April 5. The Planning Director said there was an application pending and he wished to determine their thinking on requirements for restaurants. Originally, the ordinance required any restaurant to have parking based on the number of seats. The Planning Commission agreed that a restaurant should not be required to have parking based on the number of seats. This presents difficulties as restaurants locate in various types of buildings - new and existing and those with other uses. He recommended that special requirements for restaurants be deleted and requirements be set at the ratio of other uses. Parking re- lates primarily to the building, and secondarily to the use. Park- ing would then be determined by the zone rather than the use. The Council agreed this was not unreasonable. The motion for continuance of the first reading and vote was se- conded by Councilman Beebe and approved unanimously. CM-24-38 * * * Discussion of the communication from the City of Lafayette regarding the commercial adver- tising policies and program of BART was con- tinued from the Consent Calendar until this time. March 22, 1971 COMMUNICATION RE BART ADVERTISING POLICIES Mayor pro tempore Miller felt that the City of Lafayette's opposi- tion to commercial advertising by BART was a reasonable stance and felt the Council should adopt a similar resolution. Councilman Beebe pointed out that BART anticipates up to 3% of their revenue would result from such advertising, and questioned if this would have any influence on BART extension of service to the Valley. Councilman Taylor suggested that this matter be studied by the Staff for comment to the Council. Perhaps a shorter and more general statement should be presented to BART rather than adopt- ing the resolution from Lafayette. The Council agreed that this matter should be referred to the staff for later report. * * * The Planning Director reported that the final census count is 37,703 for the City of Liver- more. * * * The City Attorney reported that the law suit discussed at the executive session of March 15 had been settled within the r~g~ a~ di- rected by the Council. (~7Jt~ ~.) * * * MATTERS INITIATED BY STAFF (Census Count) Pending Law Suit The City Attorney referred to comments which had appeared in the newspaper concerning the proposed bill for land dedication for schools introduced by Assemblyman Carlos Bee. This bill would provide for dedication of land or the payment of a fee in lieu of land for subdivisions; secondly, it would provide for the reservation of land until such time as the total develop- ment is made. Support will be solicited from school districts and superintendents. It is hoped the bill will receive hearing in committee this time. State Superintendent of Education Riles had previously expressed opposition to AB 1271 as first presented. * * * Land Dedication for Schools The City Manager discussed SB 333, a bill which provides for compulsory and binding arbitration for labor disputes for all conditions of employ- ment or working conditions involving members of the Public Safety Departments. Mr. Parness felt adoption of this bill would have dire consequences as all arbitration and negotiat- ing powers would be taken away from the City and the Council and allow it to revert to the compulsory Arbitration Board. Various Pending Bills (SB 333) Councilman Taylor made a motion, seconded by Councilman Pritchard, to direct the City Manager to make known the City Council's oppo- sition to this bill, and it passed unanimously (Mayor Silva absent). * * * CM-24-39 March 22, 1971 AB 52 re Public Improvements Mr. Parness also directed the Council's attention to AB 52, a new measure which requires compensation to be extracted from any City government for street widen- ing or for public works improvements for land develop- ment prior to issuance of any type of permit. This bill would require us to pay for improvements even though the im- provements do cause the generation of additional traffic. The present law is proper and supportable, and Mr. Parness requested authorization to announce our opposition. Councilman Beebe made a motion, seconded by Councilman Pritchard, to authorize the presentation of the Council's opposition to this bill; motion passed unanimously (Mayor Silva absent). SB 292 (Development & Environ- mental Effects) * * * Mr. Parness referred to SB 292 which considers the environmental effects of subdivision develop- ment within the City. It does place the burden upon the City to declare and prove that any sub- division improvements should be disallowed for a number of reasons. This would place within the hands of local government the decision making process as to allow- ance of local developments. Councilman Taylor made a motion to support this bill and commented that we should investigate the means of payment for the impact study. Motion was seconded by Councilman Beebe. Mayor pro tempore Miller felt that provision of schools should be added to the list of possible reasons for disallowing development. The City Attorney suggested that this point be presented to Assembly- man Bee for discussion with the author of the bill as to inclusion in the bill. Robert Allen, 223 Donner Ave., suggested that this matter be in- cluded on the agenda of a subsequent City Council meeting. Mr. Parness pointed out that this matter will be heard and discussed in a few days and there was not time for inclusion in the agenda folders. The motion to support SB 292 was approved unanimously (Mayor Silva absent), and it was decided that another method be used to investi- gate the school effects. * * * SB 263 Councilman Pritchard referred to AB 263 which would authorize exceeding the dollar limit for costs of police and fire protection. Mr. Parness said this bill is an effort to release the city managements from limitations of ability to pay such costs as set by tax rate. Such exemptions for all personnel costs have been discussed, but at this point such action, especially on an isolated basis, would not be good. After discussion it was felt no action should be taken at this time. Proclamation Municipal Clerk's Week AB 163 & SB 213 .re Tax on Bottles CM-24-40 * * * Councilman Pritchard made a motion, seconded by Mayor pro tempore Miller, and passed unanimously to proclaim the week of May 17-23 as Municipal Clerks' Week. * * * Mayor pro tempore Miller referred to the proposed AB 163 and SB 213 which would impose a tax on bottles and containers. He felt the Council should support these proposals as he felt it would encourage recycling. Councilman Pritchard felt it would place a bur- den on small retailers because of the great amount of bookkeeping which would be required. March 22, 1971 (AB 163 & SB 213) Councilman Taylor felt there was a great deal of difference in the two bills as AB 163 refers to non-returnable bottles and im- poses a tax; SB 213 would impose a tax on every container sold. Councilman Beebe referred to the letter included in the agenda from Standard Oil Company regarding their new plastic bottle material which can be incinerated; however, Mayor pro tempore Miller stated this would only add to the air pollution whereas glass can be recycled. Councilman Taylor said it had been pointed out to him that the plastic bottle would not require a large amount of fuel to re- cycle, but the glass requires the expenditure of a large amount of fuel to recycle. It might be better, ecologically, to recycle plastic rather than glass due to the waste of natural resources for fuel. Councilman Taylor felt that more study should be made before endorsing these proposals. The staff was directed to obtain a copy of this proposed legisla- tion for the Council's information and study. The City Attorney also referred to a study made in another city regarding aerial studies of air pollution. * * * Mayor pro tempore Miller said the League of Women Voters had requested that the proposed joint session with the Planning Commission on the 13th be set for another date as this is the night the League will be having Candidates' Night. The joint meeting was reset for April 27. * * * MATTERS INITIATED BY COUNCIL (Joint Meeting with Planning Commission) Mayor pro tempore Miller referred to the pro- posed parking ordinance, and in this connection wished to request that consideration be given to widening the parking stalls. He stated he had received numerous complaints about the difficulty of getting in and out of cars in parking lots. The minimum width had been adopted. Parking Stall Widths It was the general consensus of the Council that this point should be reconsidered on the 12th rather than the 5th of April. * * * There being no further business to come before the Council, the meeting was adjourned at 9:20 p.m. to an executive session to consider the matter of the In-Service Training Program for the Police Department. APPROVE * ATTEST ~ ~ r pro tempore -"~L \ <:- / . \...::. " /_--- J;ty Clerk ercl6re, California ADJOURNMENT CM-24-41- Regular Meeting of April 5, 1971 A regular meeting of the City Council was held on April 5, 1971, in the Municipal Court ChambersA 39 South Livermore Avenue. The meeting was called to order at b:20 p.m. with Mayor Silva presiding. * * * ROLL CALL PRESENT: Councilmen Taylor, Pritchard and Mayor Silva ABSENT: Councilmen Beebe and Miller (both on vacation) * * * PLEDGE OF ALLEGIANCE Mayor Silva led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES Minutes of the regular meeting of March 22, 1971, were approved as submitted, on motion of Councilman Pritchard, seconded by Councilman Taylor, by the following vote: AYES: Councilmen Taylor, Pritchard and Mayor Silva ABSENT: Councilmen Beebe and Miller * * * OPEN FORUM (Park) Marion Stelts, 547 Nightingale Street, spoke in re- gard to a vacant lot between Nightingale st. and Olivina Ave. which is for sale. A poll of the neigh- bors had indicated the desire to see it developed as a park, and Mr. Stelts requested that the Council development. consider such The Planning Director reported that this parcel had ~en included in the Capital Improvement Budget for the coming year and is a possible site and might be as large as two acres if more property is acquired. The Council agreed that this possible park development should be investigated by the staff. * * * (City Limits Kay Parra, 819 Brennan Way, inquired if the City Sign) Limits sign located between 8th Street and the gas station is properly located. It was pointed out that the north side of South Livermore Avenue is within the City Limits, but the south side is not. The sign is placed to indicate where the City limits extend on the south side. The City Attorney advised that it would be best to consult with the Public Works Department and the Police Department as the sign is located at this point for technical and traffic reasons. These departments were directed to check into this matter and to contact Mrs. Parra with an explanation. * * * PUBLIC HEARING Amended Assess- ment District No. 1962-3 (Wagoner Farms) A public hearing was held regarding the proposed amended assessments in the Wagoner Farms Assess- ment District No. 1962-3. Mayor Silva opened the public hearing to receive any protests. The Director of Public Works, Daniel Lee, explained that this matter is the reapportionment of assess- ments in the Wagoner Farms Assessment District and stated that the original assessments were prorated in the Wagoner Farms area; the CM-24-42 April 5, 1971 district was formed in the first place to pro- rate or spread the costs of water and sewer line improvements in the Wagoner Farms area. The cost of the improvements was prorated on a square foot basis, evenly over the entire Wagoner Farms area. Subsequent to that time there has been a multitude of subdivisions within the assessment district area. Councilman Taylor asked if this included just the area of the Planned Unit Development and Mr. Lee said "yes". (Ed. The area of the assessment district is that which was contained within an area known as "Wagoner Ranch- East Avenue Annex"). Mr. Lee said there have been a number of reapportionments because of new subdivisions and as these new subdivisions have been filed, the assessments have been reappor- tioned. They have consistently been reapportioned on an area basis, and this particular reapportionment was done by Associated Pro- fessions and prorated on an area basis. While the zoning and land use, land value, topography, location of streets, etc. could be a factor in some proration, in plans for proration of cost in this particular instance it was determined that all areas bene- fited equally in accordance with the area in each parcel. (Public Hearing - Wagoner Farms Assessment Dist.) The City Attorney, Mr. Lewis, stated that, not as a part of this assessment district proceeding, it might be noted that there is a contract from Kaufman and Broad by which they agree to pay the assessment created by this apportionment on the City's park site on Kathy Way. This is for the Council's execution. Councilman Taylor asked if there was any question regarding the disposition of this item, and Mr. Lewis informed him there was not. Mr. Lewis said the Clerk might note for the record that notices have been sent out to all property owners affected by this re- apportionment. It was so noted. Mayor Silva inquired if anyone wished to make a statement either for or against the proposed amended assessment; no comments were made. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, to close the public hearing, and passed unanimously. Mayor Silva stated that a motion would then be in order, unless there was debate, to adopt a resolution confirming the assessment. A motion was made by Councilman Taylor, seconded by Councilman Pritchard, to adopt the amended assessment in the Wagoner Farms Assessment District No. 1962-3 and to adopt the resolution by the following vote: AYES: NOES: ABSENT: Councilmen Taylor, Pritchard and Mayor Silva None Councilmen Beebe and Miller RESOLUTION NO. 43-71 RESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENT NOS. E-12 and 132, WAGONER FARMS ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA Mayor Silva referred also to the Resolution regarding the dedi- cated park site (Kathy Way Park) which is included as an item under the Consent Calendar. Councilman Taylor referred to a statement in the agenda which stated that testimony must be sought from the Assessment Engineer. The City Attorney informed the Council that Mr. Lee is the Assessment Engineer of record in this instance. The City employed Associated Professions to do some of the technical work, but it was in the name of the City Engineer. Mayor Silva then stated that testimony has been given by the Assessment Engineer. * * * CM-24-43 April 5, 1971 WRITTEN COMMUNICATIONS (re Schools) (Revenue Sharing) (SB 162 & SB 163) (Proposed Alameda cty. Skyline Parkway) (Del Valle Pass System) (Expression of Appreciation) (AB 1032- School Land Dedication) Report re Rate Revision (Greens Comm.) Request for Extension- Tract 2726 Improvements (Mehran) CM-24-44 CONSENT CALENDAR A written communication had been received from Mrs. Joy F. Anderson, 849 Hanover Street, regard- ing the proposed remodeling of the high school auditorium. * * * A written communication has been received from Senator John V. Tunney regarding revenue sharing and stating his favor of this program. * * * Communications have been received from Senator Clark L. Bradley and Assemblyman Carlos Bee regard- ing SB 162 and SB 163 (re BART) and also Senator Bradley's comments re redistricting; that the City of Livermore should remain within the Bay Area. * * * A written communication has been received from ABAG regarding the proposed Alameda County Skyline Parkway, stating they have begun a review of the project. * * * A communication has been received from the East Bay Regional Park District in reply to our inquiry re- garding extension of the proposed annual Del Valle pass to use on weekends as well as weekdays. It is hoped that as new facilities are installed that the passes can also be extended for weekend use. * * * A communication has been received from the Amador Valley Chapter, Order of DeMolay, expressing appre- ciation for courtesies extended during DeMolay Week. * * * A report was made by the City Manager regarding pending legislation AB 1032 - school land dedication. This measure has been introduced by Assemblyman Bee. * * * The Greens Committee has considered some slight re- visions to the golf course rates, primarily to attract late afternoon weekday play. It is recom- mended that these revisions be adopted. * * * A request for extension of time to complete improve- ments in Tract 2726 located east of Holmes Street and south of Concannon Blvd. has been made by Masud Mehran. It is recommended that the extension be granted. * * * April 5, 1971 RESOLUTION NO. 44-71 Agreement re Assessment for Kathy Way Park Site RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT ( CHRISTOPHER LAND CO.) The Kathy Way Park site has been assigned an assessment amount in the Wagoner Farms Assessment District No. 1962-3. However, the land developer was committed to provide the park site free and clear of any encumbrances. The agreement authorized by the above resolution obligates the developer to pay the assessment amount on behalf of the City. ($3,160.81 total including delinquencies). * * * RESOLUTION NO. 45-71 Agreement re Parking and VariancE Appeal (Hutka) RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Edwin F. & Janice G. Hutka) Action on the Variance appeal regarding parking requirements for added construction at 1940 Railroad Avenue by Ed Hutka was post- poned until a recordable agreement could be drafted which would provide increased parking if retail uses are installed in the building. Councilman Taylor expressed concern whether the City is protected by the prepared agreement and whether it would be enforceable by the City at a future date. The City Attorney advised that the $5,000 damages mentioned is liquidated damages, and does not represent true damages as this would be hard to determine. He believed that this amount was sufficient to provide remedy to the City. Also, he pointed out that the other features of the contract are more desirable from the City's viewpoint. The owner covenants not to use the proper- ty for commercial purposes in excess of the square footage set forth. The City can go into court and force the property owner or successors to abide by this provision. Provisions are in- cluded which set forth which leases would be void and which would not and the owner also consents to judgment. The covenants are binding on subsequent owners; the only question concerns how far down the line the consent to judgment applies. Councilman Taylor questioned if this would allow other property owners to come in for similar requests. Mr.Lewis stated he did not think this set any precedent as this is an unusual circumstance. It is spelled out in the preliminary clauses that the intent con- cerns a man who constructed a building without sufficient parking provision under the ordinances and so long as the general com- mercial use is not exceeded for the building according to the parking ordinances he may so use the building. Mr. Lewis pointed out that the Variance had been previously approved by the Council contingent upon an agreement regarding parking provisions. The Variance would provide that a certain portion of the building would be used for general commercial use and the remainder for warehousing only. Mr. Lewis further stated that if another application for Variance for parking was received the Council would have the choice of pur- suing the remedy under the Zoning Ordinance and under the Building Code. Councilman Taylor did not feel the agreement was a good remedy and this situation should not be encouraged. Problems might arise if a similar situation should come before the Council. Mr. Lewis said he did not feel that this type of situation would occur again, and approval of the agreement would not set a pre- cedent. The Variance appeal was then granted also as outlined in the agreement. CM-24-45 April 5, 1971 Minutes - Beautification Committee Exempt Business License Approval of Consent Calendar CUP RE MORTUARY 3070-76 East Avenue REZONING RE NORTH S IDE OF EAST AVE. (Carl Nelson) The minutes of the Beautification Committee meet- ings of March 4 and March 18 were acknowledged. * * * An application for an exempt business license was made by the Livermore Playschool for various fund raising activities during 1971, and Livermore Cowbelles - sale of sandwiches April 10 to finance youth projects. * * * On motion of Councilman Taylor, seconded by Council- man Pritchard, the items on the Consent Calendar were approved unanimously. * * * An application for a Conditional Use Permit to allow a mortuary in the RG-16 District at 3070-76 East Avenue has been made by Monte Maniz. Since a quorum was not present to act on this request because of Councilman Pritchard's abstension on this applica- tion, the matter was continued until April 12. * * * An application for rezoning of a site located on the north side of East Avenue, 850 feet west of Vasco Road, from RS-5 District to RG-IO District or other districts of the Zoning Ordinance, has been submitted by Carl Nelson/OGO Associates. On motion of Councilman Taylor, seconded by Councilman Pritchard, and by unanimous approval, the matter was set for public hearing on April 26. PUD NO. 15 AMENDMENT (Hofmann) MINUTES REPORT RE PROPOSED ANNEXATION (Las Positas Avenue Annex No.1) * * * Also set for public hearing on April 26 by the above motion was request of Hofmann Company for Amendment of PUD No. 15. * * * The minutes of the Planning Commission meeting of March 23 were noted for filing. * * * In accordance with instructions of the Council, letters have been directed to all known property ownerships in the vicinity of the subject annexation application. Response has been received from four of the eight ownerships, of which three (Pacific Union Conference, 33 acres; Pleasanton Investors, 18 acres; and Mrs. Lena Schenone, 18 acres) are agreeable to annexation of their property. The other ownership, D. J. and M. O'Neil (2 acres) is opposed. It is recommended that a motion authorizing the transmittal and filing of a revised annexation map in accordance with the new property ownership additions to the Local Agency Formation Commission and the Planning Commission be adopted. The City Manager pointed out which properties would be included in the proposed annexation on the map for the Council's information. CM-24-46 April 5, 1971 Councilman Taylor stated that the corner of Livermore and Las Positas Avenues is a poten- tial commercial area which is now in the county, and it would be a good idea if the land around the intersection could be included in the annexation. (Las Positas Ave. Annex No.1) Mr. Parness stated that no reply had been received from the other ownerships so it is assumed that they are not interested in annexation. Councilman Taylor said that it seemed the only feasible way to develop this property is to have access from one or both sides of Las Positas or some other system of streets. If a proposal for development came before the City, could the de- velopment be denied because it is isolated from the normal extension of public services. He felt it was protection for the City to annex property, but did not wish to create a pro- blem in this area. Las Positas Road is not in the City at either end but is a county road; in this situation could de- velopment be denied. The City Manager said the other utilities would be a part of the development of a subdivision; the street access would be the only problem facing the City and he did not know if this would be an overriding reason for denial of development. The City Attorney stated that it seemed doubtful under the present law that a subdivision could be denied merely on the basis that the country roads in the periphery of the subdivision were inadequate. However, under present proposed legislation there may be provisions which would control this situation. Councilman Taylor asked if this land were extended City services where the sewer line would be located. Mr. Lee explained that there is a major sewer line which parallels the freeway on the south side and goes right through this property. Councilman Pritchard made a motion to authorize the transmittal of the revised annexation map for filing with LAFCO and our Planning Commission; motion was seconded by Councilman Taylor and approved unanimously. * * * Mayor Silva requested that his report regard- ing revenue sharing be continued until April 12 so that a full Council could be present for discussion on this issue. REPORT RE REVENUE SHARING * * * The City Manager pointed out that there is a meeting of the East Bay Division League of California Cities to be hosted by Livermore, on April 16 at Sunol Country Club. Secondly, there is a meeting on May 5 for City Council members on labor relations under the auspices of the Mayors' Conference. He urged the Council to attend these meetings. MATTERS INITIATED BY STAFF (Meetings) * * * Councilman Taylor referred to a newspaper article in which sane members of the Air Pollution Con- trol District suggested that they might have power over development and land use planning in regard to pollution. He asked the staff to investigate the details. MATTERS INITIATED BY COUNCIL (Air Pollution) * * * CM-24-47 April 5, 1971 (Volunteer Service) Mayor Silva reported he had been contacted by the Military Wives' Club, who have volunteered their aid for any project in which the City might wish to en- list their support. The Clerk was requested to ex- press the Council's appreciation for their civic interest. * * * ADJOURNMENT There being Council the further business to come before the adjourned at 9:10 p.m. APPROVE * ATTEST * * * Regular Meeting of April 12, 1971 A regular meeting of the City Council was held on April 12, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m., with Mayor Silva pre- siding. * * * ROLL CALL PRESENT: Councilmen Taylor, Beebe, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES Minutes of the regular meeting of April 5, 1971, were approved as submitted, on motion of Councilman Prit- chard, seconded by Councilman Taylor by the following vote: AYES: Councilmen Pritchard, Taylor and Mayor Silva ABSTAIN: Councilmen Beebe and Miller * * * SPECIAL ITEM Mr. Harold Bellon behalf of the Livermore Lodge, No. 219, I.O.O.F. and Mrs. Nora Ross, of the Rebekah Lodge, No. 154, presented a new larger American flag (10ft. x 15 ft.) for the City's flagpole which they had previously offered to donate as a perpetual gift to be flown each day, and they asked for the privi- lege of raising and lowering the flag during the following week, which had been approved by the City Manager and Police Department. (Flag Presentation) Mayor Silva accepted the gift and expressed his appreciation and on behalf of the Council. * * * CM-24-48 April 12, 1971 Mr. E. M. Quarterman, 2284 Evans street, stated people are making a wrong left turn from Holmes street onto Concannon Blvd. and staying on the north side of the divider strip and he has no- ticed several near accidents. He has discussed this with the City Engineer and felt the state should properly mark the street, and Mr. Lee was asked to investigate the matter and make a report. OPEN FORUM (Intersection Holmes st. & Concannon Blvd.) * * * Marion Stelts, 547 Nightingale street, stated (Park Site) that although the park between Murrieta Blvd. and Nightingale street had been discussed at the last meeting, he wished to point out that there might be a mis- understanding on the part of the LARPD as their figure for devel- opment was $160,000 whereas the women in the neighborhood had a minimal development in mind, wherein if the land was purchased, the people would do the work themselves, however the LARPD in- forms them there is a contract involved and the City would not allow this type of development. Mayor Silva stated this was one of the reasons the matter should be postponed until next week when a report from the staff would be forthcoming. * * * Robert Strobel, representing Buena Vista Rabbitry (Animal Ordinance) at 4940 Tesla Road, referred to the animal code prohibiting the sale of rabbits, chicks, and ducks in pet stores. He requested that the code be re- vised or abolished in this regard. The City Attorney advised that he had discussed this matter with Mr. Strobel as well as an owner of a local pet store who had stated that they felt this provision was unfair and unreasonable. Mr. Lewis said this provision was about ten years old and that the state Code has a provision prohibiting the sale of dyed chicks. The basis for these provisions at the time they were made was to prevent mistreatment of animals. After investigation the Council might wish to consider revision of the code. Mr. Strobel said he wished to include in the reV1Slon the provi- sion that if such animal, after sale, is abandoned or cannot be kept by the purchaser, it would be taken back. The City Attorney was directed to investigate this matter for report to the Council in the near future. * * * An application for amendment of PUD No. 22 for the area on the west side of Arroyo Road, north and south of Vancouver Way, has been made by Jupiter Construction, Inc. Also to be considered is tentative map of Tract 3288. PUBLIC HEARING RE PUD NO. 22 AMENDMENT AND TENTATIVE MAP TRACT 3288 (Jupiter) The Planning Director stated that the proposal is to redesign the subdivision with a density transfer to allow tandem houses as the Ivanhoe Villa type of construction. The density had been reviewed by the Planning Commission; the difference in density is 22 lots between the approval of January 2 and 9, 1969, and the amendment of February 23, 1970. The amendment is not clear about the 22 lots; the developer would like these lots put back into the present amendment. The Planning Commission recommended that eleven of the lots be deleted as a compromise and also as a part of the design amendment. The next point discussed by the CM-24-49 April 12, 1971 Planning Commission was land use. Neither the Planning Commission nor Planning Staff could see any problem in regard to the type of land use. The general concept of the design, the relation- ship of the single family on large lots to the couplets on small lots, was discussed and the staff prepared a revised plan which corrected some of the inade- quacies. The FHA had also submitted a similarly revised plan. The Planning Commission did adopt a map similar to the one proposed by the staff. The question of grading was discussed, but the en- gineers indicated there would not be excessive grading necessary. The plan generally conforms to the General Plan and Zoning Ordinance and the developer acknowledges the 50-foot setback requirement on major streets; street width alignment is satisfactory; public fac- ilities in regard to the park are not settled. (Public Hearing PUD NO. 22 & Tentative Map Tr. 3288) The park presented a rather major problem inasmuch as we have already had park land dedicated to serve the southern portion of the develop- ment. The requirement for additional park dedication would have to be at a second park site in the area. The Recreation District has stated that they do not want two parks in the area and given their reasons in a letter. The alternatives considered are a park further along Arroyo Road or one closer to Holmes Street. Another alternative considered was to take the cash dedication rather than the land and buy land adjacent to the present park site which is adjacent to a school site and approved lots. The School District had indicated they might be agreeable to a smaller school site and a larger park, but this would not increase the amount of open space, only change the ownership. Also the alternative had been discussed of abandoning this park site and acquiring a larger park site in the area under discussion, but redevelopment for residential use might be too expensive. All of these alternatives had been discussed but none were agreeable to all parties. The Planning Commission proposed a revised map with a backing lot treatment against Cartier Drive; the rest of the design is similar to that submitted. In the southern portion of the subdivision, a modification of the street design was made to break up the long street parallel to Concannon Blvd. The staff had proposed a plan shifting the park more toward the higher density area. The park could also serve as a buffer be- tween the higher density area and the larger lots in the development. The original park dedication was 2.58 acres and after credit to the developer for the additional units there would be about four acres for the park. Mr. Musso explained that the original development was for 365 units, including apartments. After the plan was approved the developer asked for an amendment to the plan to allow the couplets which caused a reduction in the number of units by 22. The plan was changed, but the Planned Unit Development was not. As a result the plan in- cluded 342 units but the permit allowed 365 units. This point was discussed briefly. The increase in park dedication from that in the original plan is due to the increased requirement from one to two acres per one hun- dred units. The Planning Commission recommendation is for two parks. The obligation would be the City's if the Recreation District does not develop the second park. The City Attorney advised that the agreement with the Park District has nothing to do with this stage of development as this is a part of the subdivision process. When the City gets the park, the Park District is offered the land for maintenance under the terms of the agreement. They do not have to accept but it would have to be an unusual circumstance for them not to accept the land. The Mayor then opened the public hearing. CM-24-50 April 12, 1971 John Newton, 1170 Innsbruck, stated he and his neighbors had protested the previous proposal in this area and the applicant withdrew his re- quest. The second plan avoided, generally, most of the major problems protested by the neighborhood, and no organized protest had been made against the present design. The proposed plan was not de- signed as they had felt it should be and they had hoped the Plan- ning Commission would request the applicant to resubmit the plan, providing more open space and better park access. He suggested that the Council request the applicant to resubmit the plan. (Public Hearing - HID No. 22 and Tentative Map Tr. 3288) Edwin Barsis, 1071 Innsbruck, stated the Council was familiar with the open space plans for Parcel A, circulated by some citizens as well as the present plan for Parcel A which the Planning De- partment called one of the best plans ever proposed in Livermore. He said this was not his opinion. The proposed plan before the Council does not meet the goals of PUD Zoning as stated in Sec. 19.00. The proposed plan is inferior in respect to land use and design and open space, and Mr. Barsis stated his feeling that the open space ideas should be incorporated in the development; if agree- ment cannot be reached on this, the proposed plan should be re- jected in favor of the present plan. Edward Quarterman, 2284 Evans Street, spoke in regard to the proposed location and grading of the extension of Concannon Blvd. adjacent to this area. He requested that the proposed street design be reconsidered in respect to the adjacent properties. The Public Works Director stated that a preliminary study is now underway on Concannon Blvd. in cooperation with the County. The question had come up early in the study as to whether the required width should be split on the property lines, and it was concluded that it would be better to proceed through the area as now planned. The parties involved are reimbursed for the center portion of the street. Only one structure is close to the boun- dary of the proposed street extension, and this is still a com- fortable distance. Mr. Quarterman referred also to the hiking trail, which would require an additional 27 feet, proposed by the Planning Commission. The Planning Director said that consideration had been given to land use planning for the large lots south of Concannon Blvd. and Lomitas street. One of the solutions proposed by the Plan- ning staff is the use of a frontage road to provide development of the Lomitas area, which is not a part of the present proposal and would not necessarily have to be on the same grade as Con- cannon Blvd, and this has not been studied in detail. The hiking or bike trail had been suggested in conjunction with the frontage road. Mr. Lee explained that when the first tract on the west was de- veloped the street width required was 88 feet with 44 feet to be taken from the north side of this PUD with the other 44 feet taken from the other side. Since that time the standards have been changed to 104 feet which requires that 60 feet be taken from the south side in the already developed area. If, at the point where development has not been started, the width were taken evenly from both sides, an "s" curve would be created and the County would object to this design. The Council discussed the street width and extension but it was felt that any discussion of the possibility of a frontage road or trail was premature. Fred DeMoney, 1114 Innsbruck st., directed the Council's atten- tion to open space planning and referred to examples shown in "Architectural Forum". Open space can be handled through a home- owners association which would enhance the adjacent property. He suggested that such a proposal be adopted by the Council. CM-24-51 April 12, 1971 (PH-PUD 22 & Tentative Map Tr. 3288) Clark Sims, 1087 Innsbruck Street, pointed out there is a difference between good house design and good subdivision design. He felt the applicant could design a better proposal. There are several things wrong with the proposed plan; the City should demand a better design. The Planning Director stated that there had been some discussion by the Planning Commission to ask the Council to refer this de- sign back to them for further consideration. No formal motion had been made although two commissioners had indicated they would like a review and a third had indicated that, except for legal reasons, he would be willing to review the matter. Mr. Musso said the majority had felt that since this matter was approved as a result of a public hearing it should not be changed without similar con- sideration. Everett Martin, 1122 Innsbruck st., felt the design should be an asset to the community. The decision on this plan would affect de- sign in this and other areas of the City. Councilman Beebe made a motion, seconded by Councilman Pritchard, to close the public hearing, and it was approved unanimously. Councilman Beebe stated he had seen the proposal indicating open space which had been drawn up by one of the Planning Commissioners, which had lots of appeal. He stated that the applicant had been before the Council three times without obtaining approval, and this time had accepted a patched up design worked out by the Planning Commission. He did not know if it would be fair to request the de- veloper to change the design again. Councilman Miller said the question is whether there is a better plan than exists or not. This is not an RS District zone and there is not a tentative map for approval; this is in fact a PD zone and the map has already been approved for a single family design. The request by the applicant is for a change in the PUD which can be amended provided the change is better than the original plan, which is amatter of Council judgment on the intent of the ordinance. There is an alternate plan which seems to be as good or better than the existing RS-3 type single family already approved. The proposed plan is not as good as the single family design, as it is high den- sity with congestion and no open space for the residences of the duplexes and the park also has difficult access. The area which is now rolling hills will be graded to flat elevation and this plan does not really satisfy, in his opinion, the intent and purpose of the Planned Unit Development ordinance. He suggested that the'de- veloper be encouraged to come back with a plan which would have some 15 to 20 acres of contiguous open space for common usage of the people in the duplexes, with perhaps a homeowners organization or some mechanism for keeping it maintained. This would require asking the applicant to agree to continuance. Councilman Beebe said that he thought some of the reluctance in using a plan with a homeowners organization is due to the fact that the mechanics for such a plan have not been worked out. Some way has to be worked out to guarantee permanent maintenance. Councilman Taylor agreed with much of Councilman Miller's statement. This area has been approved under a PUD for single family. At the time the Ivanhoe Villas were approved, part of the justification was that it was adjacent to Robertson Park. This has been a success- ful unit of development, but there must be a better way for further development of high density areas. This is an opportunity to ask the applicant to design a better way. He felt the plan drawn up by Commissioner Thorsen should be considered by all the members of the Planning Commission as a possible idea for the area. He sug- gested that the applicant be asked to continue the matter and let CM-24-52 April 12, 1971 the Planning Commission take another look at this plan, or perhaps the applicant could take another look at alternate ways to provide open space. (PH-PUD No. 22 & Tentative Map Tr. 3288) Councilman Pritchard agreed that one of the desirable parts of planned developments should be open space; however, in this case the developer has decided on a different type of concept. He personally would like to see open space around this unit of the subdivision. He referred to object~ons voiced by the members of the Sunset East Homeowners Association in the Planning Commis- sion minutes and testimony, but changes have been made to meet these objections. Interpretation of the terms of the ordinance leads to a matter of personal taste. Personally, he would like to see something different designed for this area, but if the developer does not wish to develop a homeowners association or similar means there is nothing the Council can do about it. Previous objections by area homeowners had been based on the location of such a unit of development adjacent to an established area; therefore the unit had been moved to the corner of the de- velopment. In regard to open space, the mistake was made in the overall density granted to the PUD. Control for open space will have to be done by density control rather than PUD requirements unless the ordinance is rewritten to require development as the Council wishes. Mayor Silva stated he felt the developer was requesting change due to change in the market; the new type of development is in greater demand. He was for amending the PUD. If there is a flaw in the ordinance, then it should be amended to reflect the changes desired by the Council, and ground rules would be set down for developers. The applicant in good faith is asking for a change and has accepted the Planning staff's plan over his own. He did not feel the rules should be changed at this time, and thought a motion was in order to either approve this concept and continue details to another evening or a motion not to accept the plan without open space. Councilman Taylor made a motion to refer this application for amendment back to the Planning Commission with the request for a design incorporating more of the space in common open space rather than individual yards; motion was seconded by Councilman Miller. The motion failed to gain a majority by the following vote: AYES: NOES: Councilmen Miller and Taylor Councilmen Beebe, Pritchard and Mayor Silva A motion was then made by Councilman Pritchard to accept the Planning Commission's recommendat ion for approval of the PUD amendment in concept, with details as to streets, park location, etc. to be decided later. After further discussion it was pointed out that the motion really is not the Planning Commission's recommendation as the map is not being approved or disapproved. The motion was changed to approve the concept of the PUD amendment, seconded by Councilman Beebe. The City Attorney concurred that it would be best to withdraw the motion and to continue the matter. Discussion ensued regarding whether the motion should be for approv- al of the plan as presented by the applicant or just the concept. Mayor Silva felt that since the details of the plan, such as the location of the parks and streets have not been discussed in length that the Council should only approve the concept now and continue the details and actual plan. Councilman Pritchard said he had made the motion with the intention of approving the plan as presented, and if this could not be done he would withdraw his motion; Councilman Beebe then withdrew his second. CM-24-53 April 12, 1971 (PH-PUD 22 & Tentative Map Tr. 3288) Mayor Silva made a motion to continue this matter until April 26, seconded by Councilman Beebe. The applicant, Masud Mehran, stated that the first request on this subdivision had been in November, 1970, and it is now April, 1971. Several schemes have been presented and discussed with the Planning Commission during this time. He said he would not be in Livermore on April 26, or the following week as he would be out of town, and for the last twenty years he had represented himself before the Council. He requested that the plan either be rejected or accepted with the usual modifications at thi~tiJ?e. ~ ~>_J~-t..cf~a~'..e.~ r, ~ ",~~ I -h.tt:' Gb.L Mayor Silva said he coul not vot 0 the plan #ithout a con inuance for further discussion. The motion for continuance was withdrawn by Mayor Silva and the second by Councilman Beebe. Mayor Silva then made a motion for denial of the application for amendment to PUD No. 22 due to lack of time for discussion and Tentative Map of Tract 3288 as it is no longer consistent with the PUD; motion was seconded by Councilman Miller and passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Mayor Silva Councilmen Beebe and Pritchard Upon question of Mr. Mehran, it was stated that this action indi- cated that the matter would revert to the previous valid PUD permit with map as indicated, and a new map would have to be submitted. The City Attorney addressed the Council in regard to the plan which had been drawn up by Commissioner Thorsen. For all intents and pur- poses this plan is a presentation of a third person who happens to be a Planning Commissioner. It ordinarily should be presented in that form at the time of the public hearing so that it is considered by the Council and the public is aware of it. This does not prevent a Councilman from obtaining permission from the Chair to present a plan or concept to be presented to the Council and the public. He did not believe it proper to refer to some plan in the hands of only one or more Councilmen. * * * An application has been submitted by William N. and Candy V. Davis to permit a change from RL 5-0 Dis- trict to RM District for property located on the south side of Linden Street, 50 feet east of North "P" Street. The Planning Commission recommendation is for denial based on non-conformance with the General Plan. They also stated the application would be precedent for further multiple zoning in the area. The area is presently single family and duplexes, which were built under the RL 5-0 District zoning as it existed before 1965, which allowed duplexes under a permit. A major area east of this location and a recent change off Chestnut Street, as well as one spot zoning, have been assigned multiple zoning. PUBLIC HEARING RE REZO NING SO. SIDE LINDEN (W.N. Davis) Mayor Silva opened the public hearing. Jack Phillips, 551 No. P Street, said the corner of N and Walnut Streets had been zoned for a triplex rather than a duplex and was rezoned in 1968 by a 3-2 vote. Another request had been denied since that time. He felt the General Plan in this area was poor and said he was in favor of this rezoning. Earl Odell, representing the applicant, referred to past zoning in the area and to the multiple zoning allowed in 1968 only two blocks away from the present area of consideration. The lot being re- quested for rezoning is large enough for multiple and multiple zoning would not change the character of the neighborhood. CM-24-54 On motion of Councilman Taylor, seconded by Mayor Silva, and by unanimous vote, the public hearing was closed. April 12, 1971 (Public Hearing- Rezoning - Davis) The Planning Director pointed out the location of other duplexes in the neighborhood. Mayor Silva stated the vacant lots in this area will probably not develop as single family and was in favor of the application. He was not in favor of allowing single family residences to be replaced with multiple. Councilman Taylor felt there are some stable single family homes on the north side and some single family development should be preserved. If this area is going to be approved for some duplexes, then the whole area should be considered and provision made for a park and school. Councilman Beebe stated the General Plan calls for 4 d.u./acre but it is already 4.82. The General Plan does not recognize what already exists. The staff should be instructed to investigate the possibility of a park location. Councilman Miller felt that the vacant lots could be developed for small custom houses. Further denial of duplexes would halt the deterioration of the north side and preserve it; spot zoning is not good zoning. Councilman Pritchard did not think allowing duplexes made the neghborhood deteriorate; the vacant lots did not add to the neighborhood. He made a motion to rezone the property to RM District, seconded by Councilman Beebe. Councilman Beebe stated he was in favor of rezoning the vacant lots in the area but did not want to see a precedent set for presently developed property. The motion for approval of the rezoning and referral back to the Planning Commission was approved by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller * * * CONSENT CALENDAR A communication has been received from Kenneth W. Buckley stating his resignation from the Beautification Committee. The Council directed that a letter of appreciation be sent to Mr. Buckley for his years of service. * * * Notification has been received from the State Compensation Insurance Fund regarding dividends earned by the City employees due to their safe- ty record. The Council instructed that a letter of commendation be sent to the employees for this safety record. * * * A communication has been received from Senator Bradley in response to the City's telegram ex- pressing opposition to AB 52, which stated Senator Bradley's view of this proposed legis- lation. Also included were his comments on SB Resignation from Beautification Comm. (Buckley) State Compensation Insurance Fund Dividend Communicat ion re Proposed Legislation (AB 52 & SB 333) 333. CM-24-55 April 12, 1971 Agreement for Easement (Oddon) RESOLUTION NO. 46-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Louis D. and Carolyn M. Oddon) The above resolution authorizing execution of an agreement with Louis D. and Carolyn Oddon is for an easement for a portion of the sewer line extension easterly from Wagoner Farms to serve the Research Drive properties. Similar easements will be sought from two other property owners along the route. * * * One hundred sixty-six claims in the amount of $79,028.00 and two hundred forty-four payroll warrants in the amount of $79,470.88, dated March 20, and two hundred fifty-seven payroll warrants in the amount of $80,986.19, dated April 5, 1971, were ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 10272 for the usual reason. Payroll and Claims Approval of Consent Calendar RECESS * * * A motion was made by Councilman Taylor, seconded by Councilman Beebe, to approve the Consent Calen- dar and passed unanimously. * * * AFTER A BRIEF RECESS, THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * The City Manager explained that the Recreation Dis- trict has two possibilities before them - use of California Water or use of City service. It has been found that the extended cost for both of the services is approximately the same, but the dis- cussion centered on the estimated initial capital expense of about $17,000 to bring the main line to the park. The Recreation Dis- trict stated that they had no objections to receiving City water at the park site, but did not feel they could absorb the added expense. Since the City staff feels that the intervening area is important for service by the City system, this would be a prudent expenditure and logical water service extension. Normally, the cost of the extension would be borne by the private developer, with proportionate reimbursement from the properties as they con- nect at a later time. In this instance, since the City would be the one making the capital expense, it would be consistent to re- quire a benefit district for those properties which might later connect to the line. JACKSON AVE. PARK WATER SERVICE The Council discussed the water pressure which would be available and the Public Works Director stated it would be at least equal to that of California Water Service. He did not feel the City should guarantee 45 Ibs. pressure and stated Cal Water would not make such a guarantee. The City Manager explained that the economic study included all available costs and fees projected over a thirty year period, and the total values using these comparative measures were roughly the same, with the Recreation District assuming all the costs. However, the Recreation District does not feel they can sustain the immediate capital outlay for the extension. The question is whether the Council wishes to extend the City service in this direction now to serve future development in this area. The Council discussed the advantages and disadvantages of extend- ing the service as well as such problems involved as alignment of CM-24-56 April 12, 1971 the line, whether the extension is premature, and the manner in which a benefit district could be required of future development. (Jackson Ave. Park Water Service) Councilman Miller made a motion~ seconded by Councilman Taylor~ to adopt the recommendation of the City Manager to extend the water system to the Jackson Avenue park site to be financed by the City from the proceeds of the municipal water system. Marlin Pound, District Board Chairman, indicated they wished to go on record specifying the water pressure of 45 Ibs. as the sprinkler design will require 40 Ibs. They did want a moral obligation from the staff and the Council that the City service can meet this requirement. Also, California Water would only service the park on a permanent basis. There is the advantage in California Water Service that there would be three locations for service which might decrease the cost of the line within the park. The District is proceeding with the development and a decision must be made so that work can be commenced. After discussion regarding costs to the Recreation District over the thirty year period, Mr. Pound said they felt that there are other figures which had not been included in Mr. Parness' report. Other costs and savings have not been calculated by using Cal Water service. Assumptions must be made in both instances for a long period of time. The Recreation District's preference at this time would be to have California Water service. The motion to extend the City service failed by the following vote: AYES: NOES: Councilmen Taylor and Miller Councilmen Beebe, Pritchard and Mayor Silva * * * Due to a citizen's inquiry regarding renovation of the old 1921 Seagraves Pumper used by the City until 1960, the Fire Chief stated the res- toration would be beneficial to posterity but had not been undertaken because of the time and expense involved. He advised that it would take $1500 to $2000 to restore the pumper to first-class running condition. There is also another 1915 truck being renovated by the firemen them- selves at their own expense. REIDRTS FROM FIRE CHIEF (Renovation of Seagraves Pumper) Chief Baird was requested to talk with Mrs. Plechaty and others interested in this project and to draw up a plan for the restora- tion including who will do the work, where it will be done, who will retain ownership, and where it will be kept after restoration. Then this plan can be presented to the Council for further dis- cussion. * * * A report was submitted by Fire Chief Baird, (Fire Station Sites) listing possible future fire station locations. A motion was made by Councilman Pritchard, second- ed by Councilman Beebe, to proceed with the aCqQisition of the fire station sites recommended by Chief Baird as soon as possible with ..i.nclusion in the budget discussion. The motion passed unani- mously. * * * An appeal has been submitted by Harry A. Mosure from Variance denial by the Planning Commission of his request to delay installation of a re- quired masonry wall along the north and west property lines of the site located at 889 Portola APPEAL RE VARIANCE DENIAL (Mosure) Avenue. CM-24-57 April 12, 1971 (Appeal re Variance Denial- Mosure) The Planning Director reported that a CUP had been approved. As a recommendation of the Planning Com- mission, a brick wall on three sides of the property was requested. Two of these walls were required by ordinance and the third was a recommendation of the Planning Commission which was deleted by the Council. The Planning Commission has granted a Variance to the requirement that the construction of a wall adjacent to the single family resi- dental would be required immediately and the wall adjacent to the mobile home park within one year following final building permit approval. There are now wooden fences at the site. The applicant has requested a Variance which would eliminate the brick walls completely. Mr. Musso explained that the brick wall is required by ordinance on the side next to the mobile home park and the Planning Commis- sion recommends that this be delayed one year. On the side adjacent to the single family construction, the brick wall is required by ordinance, and the Planning Commission recommends it be installed immediately. The wall on the side adjacent to the existing com- mercial county property was previously deleted by the Council. Councilman Miller made a motion, seconded by Councilman Taylor, to deny the appeal from the Variance granted by the Planning Commission but the motion failed by the following vote: AYES: NO ES : Councilmen Taylor and Miller Councilmen Beebe, Pritchard and Mayor Silva Councilman Pritchard made a motion amending the Planning Commission's action by delaying the provision of a masonry wall on both sides for a period of two years, seconded by Councilman Beebe. Councilman Miller did not feel there were grounds for granting of the Variance, but the majority of the Council felt that the exist- ing wood fence would provide protection for adjoining properties for the two year period. The motion to delay construction of the masonry walls for two years was passed by the following vote: AYES: NO ES : Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller APPEAL FOR CONTINUANCE RE SITE PLAN (Intermark) * * * An appeal has been submitted by Intermark Investing Co. for an additional 90 days in which to submit a site plan for a mobile home park on a site on the east side of Las Flores Road, north of U.S. 580. The Planning Director reported that approval was granted in concept to Intermark's request for a mobile home park, and a revised plan was to be presented to the Planning Commission within 180 days. Intermark is now requesting an additional 90 days. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, to grant the request for an extension of 90 days, and passed unanimously. CUP TO ALIDW MORTUARY AT 3070 EAST AVE. (Maniz) CM-24-58 * * * Councilman Pritchard abstained from discussion and vote on this matter due to personal involvement with the application. A request for a Conditional Use Permit has been submitted by Monte J. Maniz to allow a mortuary at 3070 East Avenue. The Planning Director stated that the use conforms to the zoning and has been recommended for approval by the Planning Commis s ion. April 12, 1971 (CUP re Mortuary) A motion was made by Councilman Taylor, seconded by Councilman Beebe, to approve the Planning Commission's recommendation for approval of the CUP to allow the use. Councilman Miller wished to make it clear that allowance of this use does not indicate approval of the extension of commercial uses along East Avenue. Mayor Silva indicated that he felt this use was not commercial in nature but a service type facility and Councilman Taylor stated it was always intended that there not be strip commercial along East Avenue. Councilman Beebe said he felt this type of use was separate from any type of commercial use, and that he had favored the "Ell Zoning. Councilman Miller felt additional wording should be added to A.IO to include design review and approval prior to issuance of building permit. The motion for approval of the CUP passed unanimously (Councilman Pritchard abstaining). In order to clarify previous action, a motion was made by Council- man Miller, seconded by Councilman Taylor, to accept the with- drawal of the application for rezoning of the subject property, and passed unanimously (Councilman Pritchard abstaining). * * * A report was submitted regarding electronic data processing services available through Optimum Systems Incorporated. REPORT RE ELECTRONIC DATA PROCESSING SERVICES Dave Morton, representative of OSI, explained that cities of 20,000 population and upward could benefit from use of the ser- vice as the firm no longer planned to charge a minimum fee. Mayor Silva stated he would like to see an actual statement of savings at year-end from use of this service. Also, he inquired if an additional position would be necessary if this system is used, and the Finance Director stated it would not. He referred to the City of Sunnyvale and their experience with the program and indicated our City would be using this information. The Council discussed the system and its utilization by the City, and generally felt even if the savings would not be immediate, there would be in future manhours. Councilman Taylor made a motion, seconded by Councilman Miller, to adopt the recommendation of the City Manager, which passed unanimously. Mr. Parness explained that there is no specific allocation for this program at the present time as it had been deleted in the budget, but there would be by the time it has commenced. * * * Due to the failure of the tax override last November, proceedings on the junior college have been held in abeyance. This has affect- ed the proposed utility assessment district to serve the area. These district proceed- ings are at a mid-stage whereby all engineering and bids can be solicited for the work prior to the public hearing on the district formation. REPORT RE COLLEGE DISTRICT ASSESSMENT DISTRICT has been completed the conduct of CM-24-59 April 12, 1971 (College Assessment District) The City Manager explained that a number of responses have been received from the property owners in the area as the result of contact by one of the property owners, favorably inclined, and indications are that 65% of the area of the district favor proceeding with the formation of the district. Mr. Parness stated he has been in contact with the Bond Attorney and there are three alternates available: 1. By action of the City Council the District proceedings can be rescinded. 2. The District status can remain in its present state for a year or eighteen months assuming that during that period some means may be derived for college construction purposes. 3. The District can proceed. The College District Board formally has stated their intent in pro- ceeding at this time depending upon the attitude of the property ownerships in the area. The Council questioned the cost to the property owners, however ex- act figures are not available at this time. Councilman Miller stated that the District was originally set up to take care of the Junior College and since it is at a standstill, he felt if the assessment district is completed there might be a leapfrog development. It would be premature to continue with the assessment district at this point and favored alternate (2) until the bond issue is passed for the Junior College. Councilman Taylor pointed out that if the owner of a large parcel came in and asked the City to help form an assessment district to extend utilities, it would be denied. The difference is the Junior College is there, and he felt they have an obligation to extend utilities to the College District. As explained by a Board member if they proceeded at this time there would be a savings due to in- flation. They do have a specific general plan for that area and if utilities are extended to the area, they would be hard pressed and he also favored alternate (2). Councilman Beebe expressed his opinion that he had favored alter- nate (2), but if they do not proceed they might lose the college. Mayor Silva suggested they adopt alternate (2) with the stipulation that if there is a successful bond election prior to that time that they proceed. Mr. Parness explained that he had discussed in depth alternate (2) with the Bond Attorney who advised him that no district proceed- ing of this kind has been held as long as is contemplated here; there is no court precedent on it, and he did not know whether or not this would intrude on the validity of the proceedings; it possibly might. In view of this, Mayor Silva inquired of the City Attorney if they would be in a better position if they continued for just six months, to which Mr. Lewis replied if they are going to take the chance and must make a decision regarding time, it would be best to go for the shorter time, and he further explained what could happen. A motion was made by Councilman Miller, seconded by Councilman Taylor to allow the District status to remain in its present state for six months, and passed 4-1 with Councilman Beebe dissenting. * * * CM-24-60 Various names had been suggested by the Plan- ning Department to be assigned to the frontage road northeast of the airport, which matter had been continued, as the previous recommendation of "Kitty Hawkfl had not been accepted. April 12, 1971 REro RT RE NAME - FRONTAGE ROAD After some discussion, a motion was made by Councilman Taylor, seconded by Councilman Pritchard, to approve the name of flKitty Hawkfl, and passed unanimously. * * * Summary of the Planning Commission action of April 6, was noted and filed. * * * Councilman Miller made a motion that the Zoning Ordinance amendment re off-street parking re- gulations be amended under Sec. 21.45 (b) (5) and (6l parking stalls to be 10 ft. rather than 92 ft. The motion was seconded by Coun- cilman Pritchard, and passed by the following vote: AYES: NOES: Councilmen Miller, Pritchard and Taylor Councilman Beebe and Mayor Silva SUMMARY PLANNING COMMISSION ACTION PROroSED ORDINANCE RE OFF-STREET PARKING A motion was then made by Councilman Miller, seconded by Councilman Beebe, and passed unanimously to introduce the ordinance as amend- ed, and waive the first reading (title read only). * * * The City Clerk asked the Council when they would like to hold the public hearing re the RS Ordinance, and the 3rd of May was the date set for the hearing. * * * Councilman Miller stated he had complaints with regard to the speed limit on First Street near Trevarno Road, and felt we should ask the state that this be lowered. * * * MATTERS INITIATED BY STAFF (Public Hearing RS Ordinance) MATTERS INITIATED BY COUNCIL (Speed Limits - First Street) RESOLUTION NO. 47-71 COMMENDATION roLICE CHIEF RESOLUTION COMMENDING roLICE CHIEF JOHN R. MICHELIS FOR FORTY YEARS OF SINCERE AND DEDICATED SERVICE TO THE CITIZENS OF THE CITY OF LIVERMORE A motion was made by Mayor Silva introducing the above resolution, seconded by Councilman Beebe, and passed unanimously. * * * REro RT RE Mayor Silva had prepared a report re Revenue REVENUE SHARING Sharing, which matter was continued to the 26th of April; however, Mayor Silva asked that the Council endorse a letter which had been prepared for his signature to be sent to Senator Cranston regarding the matter and to Congressman Miller, stating the Council's reasons for supporting revenue sharing,.. and inviting Congressman Miller to meet with one or more of tl:e Councilmen. * * * CM-24-61 April 12, 1971 APPO INTMENT OF MAYOR Mayor Silva expressed his gratitude to the Council and the staff and citizens of Livermore for having made the past year a very pleasant one for him as Mayor. He felt that it was a full time job since the City has grown and should be rotated annually until such time as Livermore has an elected Mayor. Due to his business obliga- tions he stated he would find it very difficult to fill this posi- tion, if he were asked, for the coming year and requested that he not be considered for a second term. Mayor Silva stated he felt it was not necessary to adjourn to an executive session and called for nominations to select a Mayor. Councilman Taylor stated his first preference would be that Mayor Silva continue as Mayor for the coming year, but since this was not to be, he nominated Councilman Miller, however there was no second to this nomination. Councilman Miller commented that he was surprised by some of the members of the Council in view of their previous arguments about the role of the Mayor, but the fact there was no second to his nom- ination was not totally unexpected. This event is obviously com- pletely political as no one has ever questioned his ability to handle the gavel fairly. On the other hand, the decision of some of his colleagues ~llows him to present his point of view much more vigorously, without the need to be neutral as would be neces- sary if he were mayor. Councilman Miller nominated Councilman Taylor; seconded by Councilman Pritchard. Councilman Pritchard stated his first preference would be Mayor Silva and felt it regretable he had decided not to continue on as Mayor as opposed to a previous position he had taken, as he felt Mayor Silva had done an excellent job and appreciated it personally. He had seconded Councilman Miller's nomination of Councilman Taylor as Mayor as he had desired to place Councilman Taylor's name into nomination last year. He did not feel that his action this evening was political; his philosophy was known as not to consider the rotation of the chair for the mayor. His position has been, and is, that the man most qualified for the job should have the chair, and for this reason had seconded the nomination of Councilman Taylor. The nominations for Mayor were closed and Councilman Taylor was selected as Mayor for the coming year by acclamation. Mayor Taylor was seated at this time and stated nominations were in order for Vice Mayor. Councilman Beebe nominated Councilman Pritchard for Vice Mayor, seconded by Councilman Silva, who made a motion that the nomina- tions be closed. Motion was seconded by Councilman Beebe and passed by the following vote: AYES: NO ES : Councilmen Beebe, Pritchard,Silva and Mayor Taylor Councilmen Miller * * * ADJOURNMENT There being Council a.m. APPRO VE ATTEST * * * CM-24-62 Regular Meeting of April 19, 1971 A regular meeting of the City Council was held on April 19, 1971 in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor pro tempore Pritchard presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva and Miller ABSENT: Mayor Taylor (excused) RO LL CALL * * * On motion of Councilman Beebe, seconded by Coun- cilman Silva, the minutes of the regular meeting of April 12, 1971, were approved as amended by unanimous vote (Mayor Taylor absent). * * * MINUTES Paul Brown, 731 Wimbleton Lane, related a rumor he had heard concerning Councilman Miller, and suggested that perhaps this was the reason he was not elected Mayor, further stating that Coun- cilman Miller has done a good job and this City needs him. OPEN FO RUM (Comments re Councilman Miller) * * * Larry Wirick, 1139 Innsbruck Street, speaking as an individual referred to an open space con- cept which had been denied the week before based on the rationale that the City ordinances did not provide for or had no jurisdiction involving homeowners' associa- tions for maintenance of open space. He felt this was ambiguous inasmuch as there are presently two homeowners' associations op- erating which maintain two open spaces within Livermore, and he asked for an explanation~ this ambiguity. (Open Space Concept re PUD No. 22) Mayor pro tempore Pritchard stated the Council did not disagree with him regarding open space, as he did favor it, and Councilman Silva added that there is no ordinance which requires homeowners' organizations. In reply to a question as to what would happen if the homeowners' organization should dissolve~ the City Attorney advised that re Springtown there is a provision in the annexation agreement, a general statement, that the facilities intended for public use should not become a pUblic charge. However, there are no provi- sions to require a homeowners' association to be formed or main- tained when it is formed. There are covenants that go into the deeds under which people receive their property and it is binding on those people. These covenants can be enforced by the home- owners' association or any individual owning another lot or parcel within that area. Councilman Miller commented that the issue was qot whether the Council could force the developer to provide a homeowners' asso- ciation but rather on a PUD on which a tract map already existed and whether or not they should replace one map for another, and the City has the option of accepting or rejecting an amendment. If the Council accepts the amendment, and the majority want a homeowners' association and the developer wants his plan or plan change, he would have to provide the association. If not, and the City is satisfied with the existing map, then the existing map remains as approved. The PUD is like a contract and they cannot force something on the developer, neither can the developer force a change on the City. CM-24-63 April 19, 1971 (Open Space Concept) The City Attorney explained that the courts are more inclined to treat a PUD like zoning, and he cited a case of the City of Sausalito vs. Marin County in which Marin County was made to go through a zoning process for the adoption of a Planned Unit Development permit, and further explained the City's position in such matters. Councilman Miller stated essentially his point was they did not have to force the developer; if he is not satisfied with the con- ditions he does not have to adopt the City's program. Councilman Beebe stated since the Planning Commission approved the PUD on the basis of existing law, when it came before the Council there were other conditions over and above those the Planning Com- mission considered, asked what position that placed the Council in, legally. Mr. Lewis advised that the Council has the right to make a judgment on its own. Last week there was no real evidence of any open space plan before them as it had not been brought up and for that reason he felt it should not be considered. * * * Mrs. Lois Hill, member of the Valley Ecology Cente~ introduced Mr. Craig Norleen, spokesman for the YMCA Ecology Club who advised that the club must regret- ably terminate its recycling efforts as the business has been too good and the volume exceeded their ability to handle; therefore, they are endorsing the Community Ecology Cen- ter and will assist them and this summer will devote their time to the pollution problem at the Del Valle Reservoir. They will also attempt to increase membership of the club and will be in contact with the BAAPC Board Center sampling air station on Railroad Ave. to keep informed on the levels of pollution in the Valley. SPECIAL ITEM (Recycling) Mrs. Hill congratulated the club on being the first in the City to begin recycling operations and thanked the club members for their various efforts in this connection and their future endeavors. Mrs. Hill further spoke of the recycling program and the Center's plans for the future and explained how participation can grow as more items are collected for recycling. Mrs. Hill stated that they have learned the reason no compensation is offered for tin is be- cause all profits are turned over to the Anti-litter League. The Ecology Center has solicited the help of Continental Can Company in making it possible to collect cans in Livermore without losing money. She suggested that a letter be directed to John Gallagher, Continental Can Company, 155 Bovet Rd., San Mateo 94402, which might enhance the possibility of their cooperation in recycling tin. Mrs. Hill thanked the City for providing the location for the re- cycling operation and the Livermore Disposal Company for providing bins and transportation and invited suggestions from the Council and the citizens in general. Inasmuch as this is "Earth Week!! Mrs. Hill felt it would be appropriate for the Council to pass a resolu- tion urging increased citizen participation in community recycling and other positive endeavors to help solve our environmental problems. A motion was made by Councilman Miller, seconded by Councilman Beebe, and approved unanimously to direct a letter to the Continental Can Company, and to adopt the following resolution: RESOLUTION NO. 48-71 RESOLUTION URGING INCREASED CITIZEN PARTICIPATION IN COMMUNITY RECYCLING. CM-24-64 April 19, 1971 CO NSENT CALENDAR Communication re Request for Funds - Sister City Visit A communication has been received from the Sister City Committee Chairman with a report of the past year and request for funds and designation of a Council representative to make a visit to our Sister City Quezaltenango. Councilman Silva requested that this item be removed from the Consent Calendar for discussion at a later time. * * * A summary of activities of the Police Department indicated that Officer William E. Bankert had completed a nine week course at Chabot COllege/ Alameda County Police Academy and finished first in a class of thirty-three men. Councilman Silva suggested that he be sent a letter of commendation for this achievement. Letter of Commendation * * * Departmental Reports were received from the following: Departmental Reports Airport - financial and activity - March Building Department - March Civil Defense - quarterly - January/March Finance Department - quarterly - January/March revenues and expenditures Fire Department - March Golf Course - March Justice Court - February Library - quarterly - January/March Planning- Zoning Activity - March Police Department, Pound - March Water Reclamation Plant - March * * * Notification has been received from the Depart- ment of Transportation, Federal Aviation Admin- istration re control tower for our municipal airport and that construction would commence approximately January 1972. Also a request is made to make soil borings and to locate equipment at the Report re Airport Control Tower for consent new site. * * * A report has been received from the Alameda County Mosquito Abatement District for the fiscal years 1968-69 and 1969-70. Report re Mosquito Abatement District * * * A status report was submitted re the water reclamation plant expansion. Report re Water Reclamation Plant * * * A status report was received re the Valley Water Management Study. Report re Valley Water Management Study * * * CM-24-65 April 19, 1971 Exempt Business Licenses Claims Approval of Consent Calendar REFORT RE AMENDMENT 0 F RESOLUTION (Beautification Committee) Applications for exempt business licenses were re- ceived from the following: Livermore Y Mens' Club - rummage sale on April 24 Livermore Babe Ruth League - various fund raising activities during the year. * * * One hundred and four claims in the amount of $62,934.89, dated April 15, 1971, were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrant No. 10383 for his usual reason. * * * A motion was made by Councilman Beebe, seconded by Councilman Miller, and approved unanimously to adopt the items on the Consent Calendar with the exception of the one item which was removed for later discussion. * * * A report was received from the Beautification Com- mittee regarding amendment of the Resolution Es- tablishing Duties and Responsibilities of the Committee. A motion was made by Councilman Silva, seconded by Councilman Miller, that the amendment be adopted and it was approved by the following vote: AYES: Councilmen Beebe, Pritchard, Silva and Miller ABSENT: Mayor Taylor REFORT RE EMPID YMENT o PFO RTUNITY DRUG ABUSE PRO GRAM RESOLUTION NO. 49-71 RESOLUTION AMENDING RESOLUTION NO. 95-70 BEAUTIFICATION COMMITTEE STATEMENT OF STRUCTURE, DUTIES AND RESFONSI- BILITY * * * A communication was received from Rev. William Charlton, director of the Inter-Church Counseling Service, ap- pealing to the City for participation in a work oppor- tunity program for young persons formerly involved with the drug problem. Mr. Parness reported that funds for the City's parti- cipation in this program for the two month term would be about $300. He felt it to be an extremely worthwhile program not only for its therapeutic value for the persons formerly under the drug influence but an opportunity to learn a job skill and be- come economically productive, and recommended that the City Council authorize participation in the program. Councilman Beebe felt it would be a very good program and made a motion that it be adopted, seconded by Councilman Miller; motion passed unanimously (Mayor Taylor absent). REFO RT RE PUD NO. 22 AMENDMENT CM-24-66 * * * The City Manager reported that the owner of Jupiter Construction Company has filed an appeal with the City on the rejection of the amendment of PUD No. 22 which transpired last meeting. April 19, 1971 Councilman Miller stated they have been admon- (PUD No. 22) ished by the City Attorney in the past that once a final action is taken, the matter cannot be re- opened, and he felt this to be the same situation and it would seem only right that the lawful procedures provided for by ordinance should be followed for an amendment to the PUD. Unfortunately that meant starting over, but no matter what plan they looked at which they had not seen before they would refer it back to the Planning Commission. The application should pro- ceed through standard administrative procedures to bring back a different plan. Councilman Beebe asked the City Attorney for confirmation of this point and Mr. Lewis stated he had reviewed the tape and researched the matter and he has advised the Council in the past that in re- zonings or other applications for permits that once a decision is made denying a permit, it is final. He has examined Mr. Mehran's letter and realized the time spent on this project, but felt he must affirm the advice previously given that the matter was ended at that point. Mayor pro tempore Pritchard pointed out that from the minutes it would indicate the reason given was there was not enough time on the part of the Council to study the amendment and asked the City Attorney if this could be a legal problem. Mr. Lewis replied that it could be as it was apparent from his examination of the tape that at least three Councilmen were some- what basically in favor of the general plan, but wished to discuss details more, and a motion made for continuance was rejected by the developer saying he could not be present; however, he did not feel he could change his advice on that basis. There followed a discussion of the action taken at the last meet- ing concerning this matter and the reason for the denial of the amendment, and it was pointed out that the developer essentially advised the Council to either accept the amendment as it stood or reject it, which they did. Mr. Musso explained there were certain time limits through the ordinance and the state Code in which the Planning Commission and Council must act and beyond that they must have the permis- sion of the applicant to continue. Mr. Lewis stated there is a time limit imposed on the Planning Commission re recommendation for amendment, but not on the Council. David Madis, 1054 Canton Avenue, advised he was not appearing on behalf of the applicant but was present at the last Council meet- ing and felt they should very carefully consider the appeal before them as he did not agree with the City Attorney as he felt he was in error for the reason that this Council held a public hearing and heard testimony and the public hearing was closed. Now the City Council has an opportunity to hear from the party involved and he did not feel anyone could be prejudiced by rehearing at this time. He did agree with Mr. Lewis that the majority of the Council felt a reasonable proposal had been made. There is no requirement that the City Council make a decision at a certain specified time; if they had continued the matter with the con- sent of the applicant there would have been no problem. He felt it would be very salutary from the point of view of the City at this time to reconsider this plan again. Councilman Miller felt this advice would be contrary to that given by the City Attorney, and Councilman Silva added it would set a precedent, and made a motion to deny the appeal to recon- sider the action taken by the Council last week re PUD No. 22; motion was seconded by Councilman Miller. CM-24-67 April 19, 1971 (PUD No. 22) Councilman Silva then asked the City Attorney if he could amend his motion to state that the request for amendment to PUD 22 be referred back to the Planning Commission, not to have a public hearing, but have all people who testified to be notified that it will be coming back again with minor changes or no changes. However, Coun- cilman Miller stated there had been another plan submitted, which they had not considered, and for this reason it should be referred back to the Planning Commission. Mr. Lewis advised that the City Council could request the Planning Commission to expedite the matter, but there would have to be a public hearing as there are different plans. The motion was amended to request the Planning Commission to ex- pedite the matter, and the amendment was seconded by Councilman Miller. Mayor pro tempore Pritchard asked the City Attorney for further clarification as to the legality of their denial, and Mr. Lewis stated that unless there is a time limit, there is a legal basis and quoted Sec. 26.51 re Planned Unit Developments. He further stated that the denial was not due to lack of time, but because the Council wished to consider the matter further on a different day which was not agreeable to the applicant. Councilman Beebe stated the location of the park was the main rea- son for the continuance requested. Mr. Lewis felt this was an opportune time to mention something about alternate plans and stated that it is entirely legal to have a hearing at the Planning Commission level and have them make amendments to that plan; it is like a zoning and in a zoning and PUD you have something before you that is advertised for the public. In this case there is a plan proposed by the developer that has certain things he thinks are desirable from his standpoint. The Planning Commission makes suggestions that do not radically alter the plan, and approve it on that basis or make a recommendation to the Council on that basis. On the plan submitted they can place conditions within their jurisdiction. When it comes before the Council, the Council is considering the plan as it is brought to them and not some entirely different plan. They cannot take an entirely different plan and impose it on the developer. The de- veloper has the right to have his plan or any reasonable modifica- tion heard and decided by the Council. The Council cannot turn it around at any stage and say there is something entirely different and say they would like the developer to do that. If a plan is reasonable and complies with all ordinances and any conditions that you wish to impose because of public health, safety and welfare, such as a certain amount of open space, this can be done, but you cannot impose upon the developer a particular design he does not like. Also, a plan cannot be rejected simply because it is a plan they do not like. ~/~~->L Councilman Silva did not feel this was the issue, butApreferred~ to see another type of plan as they desired more open space. Mayor pro tempore Pritchard felt the issue last week was that they denied the amendment to the PUD simply on the basis they did not have enough time to discuss the matter that evening when they had the option to continue it with or without the developer's permis- sion and felt they were in error in denying the plan simply because they did not have the time to study it, and for that reason wished to reconsider the decision. Jack Phillips, 551 No. P Street, stated he had read that Mr. Mehran "blew his cool after he had won". He felt he had "blown his cool", but differed on the opinion that he had won. He did not think any developer who had spent so much time and submitted several plans had "won" anything when he was turned down. CM-24-68 The vote was taken on the motion to deny the appeal which failed to gain a majority by the following vote: April 19, 1971 (PUD No. 22) AYES: NO ES : ABSENT: Councilmen Silva and Miller Councilmen Beebe and Pritchard Mayor Taylor Councilman Beebe felt they may have acted too hastily, and after some discussion, a motion was made by him to approve the request of the applicant in order to correct a possible previous legal error; the motion was seconded by Mayor pro tempore Pritchard. Councilman Miller commented that for the record the question of legal error was debatable, and the advice of the City Attorney is that this matter not be reopened in this way. Councilman Beebe stated that on the other hand the City Attorney also advised them at the previous denial, not being based on anything according to City law or public health, welfare and safety could be challenged, too. Councilman Miller stated anything could be a point of legal challenge regardless of how ridiculous it might seem. Councilman Silva asked the City Attorney, on the basis of this motion if there might be the possibility that they might be legally incorrect in denying the amendment last week. Mr. Lewis replied that any time a lawyer gives a client advice there is a possibility it is incorrect; it happens he gave the best advice he was able to give. Every time he gives advice it is possible someone could attack it. A vote was taken on the motion which failed to gain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Beebe and Pritchard Councilmen Silva and Miller Mayor Taylor * * * A report was submitted by the Planning Director re park site acquisition in an area at the end of Dogwood and Nightingale Streets. REPORT RE PARK SITE ACQUISITION Mr. Parness advised that the Mayor had called to relay a statement from one of the members of the Recreation District Board who asked that this matter be continued so the LARPD might have an oppor- tunity to consider the matter at their meeting of April 27. A motion was made by Councilman Silva, seconded by Mayor pro tempore Pritchard, and approved unanimously, to continue the matter until May 3. CouncilmanMiller stated there was a Recreation District - City Committee which might discuss this matter between now and the 3rd. Marion Stelts, 537 Nightingale Street, pointed out that the LARPD is of the opinion that the contract calls for a very expen- sive development of any park that is required, and they are think- ing of something much more modest and this may make the difference between whether the City can afford a park at this time or not. Mr. Musso explained that Mr. Stelts was referring to something the LARPD has to know about before they discuss the matter. It was his understanding the park would come out of park dedication funds and under park dedication the park has to be improved within CM-24-69 April 19, 1971 (Park Site) two years. The Park District is not proposing that the park be improved, yet the City is obli- gated to improve the park within two years by the dedication agreement. There was some discussion on this matter and the Council indicated it favored the park in principle, but the matter would have to be worked out with the LARPD. The motion to continue the matter until May 3rd was voted on and passed unanimously (Mayor Taylor absent). * * * With reference to Tentative Map of Tract 3294, the Planning Director stated that the plan reincorpor- ates into the subdivision that piece of land which was proposed for commercial zoning to the north and the application was withdrawn by the applicant. The triangle is now included as part of the site which has not been substantially changed but spread out a bit and two more units added in. The Planning Commission recommends approval. TENTATIVE TRACT MAP NO. 3294 (H.C. Elliott) A motion was made by Councilman Silva, seconded by Councilman Beebe, to accept the recommendation of the Planning Commission for appro- val of the tentative map of Tract 3294. Councilman Miller commented that he did not agree with the first tentative because the design of the open space was very poor. The motion passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Silva Councilman Miller Mayor Taylo r * * * The Planning Director explained that the propdsed change to rename Olivina Avenue to Chestnut Street was to eliminate some of the confusion as to the naming of what is really a through street alignment. The Planning Commission took the request under ad- visement at the request of the Public Works Director and considered the alternative of renaming Chestnut Street or renaming Olivina Avenue; they chose to rename Olivina Avenue, held a public hearing, and had no protests. The point was made that Olivina is an historical name and will be preserved in other areas, possibly around the Olivina Ranch to the south. The Planning Commission recommends that Olivina Avenue be changed to Chestnut Street. RECOMMENDATION STREET NAME CHANGE (Olivina Ave. to Chestnut Street) Councilman Silva suggested that since this was a major change the Council should also have a public hearing. After some discussion as to why it was decided to change the street name to Chestnut Street rather than Olivina Avenue, the fact that there were only two responses made, the possibility that people were waiting for another hearing before the Council and whether or not the hearing should be formal or informal, a motion was made by Councilman Silva, seconded by Councilman Beebe, to renotice the people for an informal hearing and it passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva and Miller Councilman Pritchard Mayor Taylor CM-24-70 The Planning Commission minutes of the meeting of April 6 were noted and filed. April 19, 1971 PLANNING COMMISSION MINUTES * * * In accordance with instructions of the City Council several meetings have been held over the past few months with representatives of the Chamber of Commerce and the commercial community on the subject of business license amendment. In joint attendance have been one or more members of the City Council. REPORT RE BUSINESS LICENSE AMENDMENT The major elemental differences between the draft of the ordinance and the one presently in effect are as follows: 1) new gross in- come brackets and millage rates have been increased; 2) no gross maximum limit applies on gross volume; 3) millage rate on gross income volume applies to both professional classifications and to contractors and builders. The City Manager recommended that due to the importance of this matter and the expectation it will generate much discussion for- mal consideration should be continued until the meeting of April 26. This would also permit the Chamber of Commerce to announce their official view on the subject. A motion was made by Councilman Beebe, seconded by Councilman Silva, and approved unanimously, to continue the matter until April 26. Councilman Silva stated at that meeting he would like to have a list of specific types of businesses affected by this ordinance change, i.e. the fees they are now paying versus the fees they will be paying in the future. Mr. Parness explained they do plan to have graphically displayed some of the variations in the fees but not disclosed as to the particular business for obvious reasons. Mayor pro tempore Pritchard announced that the Chamber of Commerce is planning a general membership meeting on Friday morning at the Holiday Inn and the Council members are invited to attend. Councilman Miller expressed the hope that the newspapers would bring this issue to the attention of the public inasmuch as not only the business community is involved, but everyone else is also. This is a major tax reform issue, the object of which is to reduce property tax, and most of the members of the community would like to see their property tax reduced. Councilman Beebe agreed that it was an important issue as the present ordinance is completely obsolete, but people should not expect "Santa Claus" as the citizens would still have to pay, but rather than on property tax they would be paying more for their purchases locally. Councilman Silva disagreed that it was a major tax reform but rather just another ordinance which is being updated, as this Council has gone on record stating they are in favor of keeping pace with other communities as far as tax pro- ducing ordinances are concerned. * * * Councilman Silva asked to abstain from discus- sion on the emergency ambulance service as one of his clients was directly involved. REPORT RE EMERGENCY AMBULANCE SERVICE The City Manager reported that over the past months the staffs of the cities of Livermore and Pleasanton, working jointly with re- presentatives from Alameda County, have been deeply engaged in this subject. A recommended course of action has been composed, CM-24-71 April 19, 1971 (Ambulance Service) together with all of the preceding history and events in this project which report had been in- cluded in the agenda. The matter is of signifi- cant concern to the entire Valley community and because the report material and supporting documents are so vol- uminous, it is recommended that any discussion be continued to the meeting of April 26, as he felt it was such an important issue that all Council members should be present. David Madis, representing the applicant, stated that the most sig- nificant thing on this subject is the explanation given in the agenda, !lover the past many months!l inasmuch as the discussions have taken place over a year. They first started out with a re- quest that they continue the emergency ambulance service in order that the County, City of Livermore and Pleasonton might get toge- ther and work out a scheme for the service for the entire Valley; they objected at the time, but since the emergency ambulance ser- vice was necessary they negotiated with the City on a temporary basis. Mr. Madis referred to the various phases they have gone through, and now there is a completely new !Iball game!l where Valley Memorial Hospital is supposed to participate in a fantastic pro- posal that has never even been before the hospital board. Mr. Madis stated that Allen's Ambulance Service is prepared to pro- vide the City with an emergency ambulance service. The proposal with the hospital is to give all the power and authority of the county and the cities of Livermore and Pleasanton to the hospital; the hospital had already offered a proposal for this service which was withdrawn. Mr. Madis continued by stating that the new proposal is not realistic and they asked the Council to make a firm proposal tonight. They have been receiving a subsidy of $1000 a month pur- suant to the Council's interim authorization; they are ready to enter into a contract now and would ask that the City not go into all the extended negotiations which will take many more months, but consider their contract now for $800 per month and 100% of the agency initiated calls (uncollectible calls). Their reason is critical - they need an indication at this time in order to pro- ceed to give assurance to employees of Allen's Ambulance Service that they will be operating this service. Mr. Madis urged the Council to direct the City Attorney to proceed with preparation of the contract for signature next Monday night. The contract would be for five years and since they feel there should be some kind of quality control, his client would agree to the establishment of a committee with a representative from the City, Valley Memorial Hos- pital, and persons from the medical community to guide them in the direction of improving the quality. Councilman Beebe questioned the difference in the monthly rate for Pleasanton and Livermore which Mr. Madis explained. Councilman Miller stated they had an obligation to explore the other propos- als and felt the recommendation of the City Manager is a reasonable one for them to follow. Mayor pro tempore Pritchard made reference to the report which in- dicated there are very few cities, if any, that subsidize ambulance service and for the most part the counties are responsible for this activity and he agreed that the county should be responsible. Coun- cilman Beebe mentioned that most accidents happen on highways and wondered if the county could not use gasoline tax funds to provide this service, however Mr. Parness stated the use of gas tax funds was highly restrictive and they can only be used for maintenance and construction purposes; in regard to the in-lieu fee monies they can be used for fire protection and law enforcement on streets and highways. Mr. Parness reiterated that this was an intricate subject which has required a great deal of consideration on the staff's part and he felt the entities involved had composed a very authoritative and reasonable report for consideration by the Council. Mr. Parness CM-24-72 April 19, 1971 stated he was amazed that the representative (Ambulance Service) for Allen's Ambulance Service would insist that some decision be made by the Council at this time since they are being retained on a fee which is considerably higher during the interim period than that which has been proposed for a new contract. The issue is subregional in nature and that philosophy has to be used in considering the issue. Mr. Parness further stated that in his discussions with the Valley Memorial Hospital staff, representatives of their Board of Direc- tors and Administrator they are extremely concerned about the possibility of fragmenting ambulance service for the Valley which would almost be a public health disaster, and he would urge that the matter be continued for the Council's further consideration. The hospital board will meet this week and be able to formally declare their position in regard to the recommendations and it can be fully discussed next week. Councilman Miller made a motion, seconded by Councilman Beebe, to continue the matter until April 26. The terms of the contract offered by the Walnut Creek firm were discussed and Mayor pro tempore Pritchard stated his concern that even though the contract now is for $500 from each of the three entities, later they might ask for more, and Mr. Parness agreed this was a possibility; on the other hand, the same thing could be done by Mr. Madis' client. Mr. Madis stated that if by next Monday they would agree to come back if all the details as to budget, quality control in working with the medical community, Valley Memorial Hospital, the County, the cities of Livermore and Pleasanton could be worked out by that time after all these months. Councilman Miller stated the decision is not his (Madis) but that of the Council and whether or not they wished to proceed with the recommendation of the City Manager. The vote was then taken on the motion and passed by the following: AYES: NOES: ABSTAIN: ABSENT: Councilmen Beebe and Miller Councilman Pritchard Councilman Silva Mayor Taylor * * * ORDINANCE NO. 741 ORDINANCE RE OFF- STREET PARKING AN ORDINANCE AMENDING SUBSECTIONS 21.40 THROUGH 21.46 OF SECTION 21.00, RELATING TO SPECIAL PROVISIONS, OF ORDINANCE NO. 442, AS AMENDED, RELATING TO ZONING. A motion was made by Councilman Miller, seconded by Councilman Beebe, to waive the second reading and adopt the above ordinance, and passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard, Silva and Miller None Mayor Taylor * * * Discussion of the communication received from the Sister City Committee regarding a request for funds and designation of a Council repre- sentative for a visit to Quezaltenango, as has the past three years, was continued until this SISTER CITY REPORT been authorized for time. CM-24-73 April 19, 1971 (Sister City Report) Councilman Silva stated he thought that it had been discussed with the Sister City representatives that a delegation would be sent from Livermore only every other year, with a group from Quezaltenango coming to Livermore on the alternate years. Secondly, he thought the re- presentatives should be chosen before the budget expenditure was approved. Committee Chairman Jose Medeiros stated that Alfred Goldberg, in- coming Vice Chairman of the committee, would be the committee's re- presentative. Mrs. Wilhemina Medeiros of the Sister City Committee reviewed past visitations by the City's representatives and stated she did not recall such discussion relating to visits only on alternate years. Mr. Dan Lee, who is a member of the Sister City Committee, stated he felt that discussion of alternating the visits had only been on an informal basis and that most members felt that this was too long a period between visits to maintain an effective contact. Discussion followed regarding past contacts and visits between the two cities. Mr. Medeiros pointed out that the chairmanship of Que- zaltenango's committee is a political appointment and changes fre- quently. The present group serving on the committee has organized the program and contact has been more frequent recently. Councilman Silva said he would like to see the visits become a two- way exchange and felt the only way to accomplish this was to have Livermore's visits be on alternate years to encourage official visits from Quezaltenango. He made a motion on this basis that the request for funds be denied and that next year the request be made again, but there was not a second. Mr. Medeiros felt denial of the request would hurt the program as each year the program is expanding. A great deal of communication is needed; there were political problems and reasons which were making it difficult for a delegation from Quezaltenango to come to Livermore. '-110...._ ~ A ()./ ~ Councilman Miller said that i~t~~i~ discussion of this request for funds he had ~tles~ieftecr whether the City should provide the subsidy for this visit; it seemed the Sister City Com- mittee should investigate some means of fund raising to carry out this program, and any Councilman should bear his own expense. If he did go this year, he would pay his own way. Councilman Silva did not agree that the Councilman should pay his own way as he would be serving in an official capacity for the City and carrying out City business. Councilman Miller felt that representing the Sister City program was not the same as carrying out other business of the City. He felt the program was an excellent one and should be continued but funds should be provided by some other means. Councilman Beebe made a motion that the request for $700 for travel expenses for the two Sister City representatives be approved, se- conded by Councilman Miller. The motion approving the request for funds passed by the following vote: AYES: NO ES : ABSENT: Councilmen Beebe, Pritchard, and Miller Councilman Silva Mayor Taylor Mrs. Medeiros explained to the Council that other than this request for travel expenses the program had been entirely self-supporting. CM-24-74 April 19, 1971 Councilman Miller spoke in regard to the Valley Planning Committee's Symposium on April 24. Public officials will be attending from all over the County. Problems facing the Valley will be discussed. Data will be collected regarding the problems of the Valley so that a general view regard to the general plan for the Valley. MATTERS INITIATED BY COUNCIL (VPC Symposium) can be seen in Councilman Miller explained that there will be panels of mixed interests which will discuss the various topics, and there will be some time for public response and participation. * * * Councilman Miller felt it would be reasonable to adopt a resolution expressing the Council's view that the Junior College is desired and supported and that Livermore intends to provide the utilities at the time they are needed. (Proposed Junior College) Mayor pro tempore Pritchard felt a statement of the Council's views should be in writing and presented to Mrs. Dorothy Hudgins, re- presentative to the Junior College District, before the board meeting. He then read a statement which outlined past Council action and the reasons for the recent action extending the pro- posed assessment district to provide utilities for the junior college site. The Council affirmed its unanimous desire to have the junior college locate at the proposed site and directed that a letter be prepared in this regard for presentation to the Junior College Board. * * * There being no further business to come before the Council, the meeting was adjourned at 10:45 p.m. ADJOURNMENT * * * /'/2 f.? APPROVE ~ Lfi4 Mayor ATTEST ( * * * Regular Meeting of April 26, 1971 A regular meeting of the City Council was held on April 26, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor pre- siding. * * * PRESENT: Councilmen Beebe, Pritchard, Miller, RO LL CALL and Mayor Taylor ABSENT: Councilman Silva * * * CM-24-75 April 26, 1971 MINUTES On motion of Councilman Beebe, seconded by Coun- cilman Pritchard, and by the following vote, the minutes were approved as amended for the meeting of April 19, 1971: AYES: Councilmen Beebe, Pritchard and Miller ABSENT: Councilman Silva ABSTAIN: Mayor Taylor OPEN FORUM (Cultural Arts Subsidy) * * * Katie Richardson voiced her protest of the Cultural Arts Council being subsidized by the taxpayers' money, and Mayor Taylor explained that it was not a subsidy, as such, but for tent rental inasmuch as there were no facilities for that activity. Councilman Miller added that the CAC was originally set up at the request of the City and the Recreation District. Frontage Road Realignment * * * COUNCILMAN SILVA WAS SEATED AT THIS TIME * * * Jack Phillips, 551 No. P Street, questioned why the frontage road near Airway Blvd. was not realigned as had been previously considered, and Mr. Parness explained that there was a gas line intervention on the property and the alignment which was to have been relocated was determined to be too costly. PUBLIC HEARING RE AMENDMENT TO PUD NO. 15 (Hofmann Co.) * * * An application had been received from Hofmann Com- pany for amendment to Planned Unit Development Permit No. 15. In this regard a communication was acknowledged from Mr. and Mrs. Robert L. Wendt. The Planning Director explained that the reason for the requested amendment was due to the necessity to relocate Murdell Lane to match County plans for median strip, left turn lanes, etc., stating that the Planning Commission had approved a similar design. The Planning Commission had also proposed that Albert Way be extended to provide access to Murdell Lane. There is still the problem of density. The developer proposed that they be allowed to take the density of the entire subdivision as originally submitted; they wish to include any density not used from the original allowance added to this last unit of the subdivision. The Planning Commission recommends continuing with the density as originally approved and that any additional density achieved by dedicating lands be included as a part of the density or allowable units. In regard to the proposed trail system along the west bound- ary of the subdivision, the Planning Commission plans to tie in Max Baer Park, the Holmes Well Park, and then north to connect to Isabel Avenue and the airport. In the past, this was proposed for the westerly side of the freeway, but development now indicates the easterly side would be better. In correspondence with the state, it has been ascertained that an existing trailway of this sort would be recognized in freeway construction. The park dedication is in excess of that required which is 6.28 acres. Mr. Musso explained that some of the conditions for approval dis- cussed at previous meetings by the Planning Commission were not in- cluded in the recent discussion. The commercial area is indicated as CO-H (Commercial Office with highway uses to be allowed). Any- thing other than a restaurant-motel, such as a gas station, would CM-24-76 April 26, 1971 require a Conditional Use Permit. The shopping (PlID No. 15) center is a six-acre center which conforms to re- quirements. Some of the conditions not included in the present permit concerned sprinkler system, existing trees, and construction of a gas station not to be allowed until 50% of the foundations were made. There is a provision for preserving the school site for a period of time. The Planning Commission recommends approval subject to the site plan and permit approval. The City Manager stated that in working with the developer and his staff on this permit he had experienced a great deal of cooperative spirit on their part in regard to the increased park dedication, the guaranteed reservation of the school acreage, and assumed the burden of the relocation of Murdell Lane. Mayor Taylor asked Mr. Musso to outline the differences in the request of the developer and the recommendation of the Planning Commission. Mr. Musso explained that it is proposed that Albert Way be extend- ed through to Murdell Lane rather than left as a stub street; total units would be 173 residential units, including the IS parkway units. He also pointed out the setbacks which would be required for the townhouse development. The Council discussed the original density assigned to the PUD and also the possible purchase of the parkway land by the State. Councilman Silva asked about the present commercial area and Mr. Musso said that originally a ten acre commercial neighborhood shopping center was approved for the site. With the relocation of Murdell Lane this was no longer a good integrated neighborhood center site. The developer then had the choice of putting more homes on this site or using part of this for highway oriented commercial. Councilman Miller referred to those conditions which had been dis- cussed previously but which were not included in the Planning Commission's present recommended permit. Mr. Musso indicated he felt they would have been included by the Planning Commission but he had not reminded them to include these conditions. Councilman Miller stated he believed the Council had agreed on these items, but the matter was continued due to the relocation of Murdell Lane. Mayor Taylor opened the public hearing. Barry Scherman, representing the Hofmann Company, stated the type of project which is being proposed differs from the tentative map which was filed due to the relocation of Murdell Lane. The cluster- type of housing is springing up over the Bay Area and they felt this type of housing was needed in Livermore. He showed some slides of similar projects which had been designed by the same architect. Each unit will be owned by the occupant, and he will have title to the ground beneath the unit and share in the common area. The unique fact is that there is a homeowners I association to be form- ed which will perpetually maintain the common areas from a fund supported by the homeowners. He defined density as being a stand- ard which is set to prevent overpopulation of any given area, thus crowding schools, creating traffic problems, etc. Density is really people and in single family homes developed at four to the acre, there will be 16 people to the acre with 3.9 people to the unit. In the proposed project of 230 units of varying size, there will be an average of 2.65 people per unit. This would work out to be approximately the same number of people in the 230 units as would be living in 155 single family units, but the single family units would have to sell for $26,000 or more, and the sale price of the proposed project will run from about $18,500 to $21,000. It is simple economics and land facts that the increased number of CM-24-77 April 26, 1971 (PUD No. 15) uni ts will allow development at the lower price. He felt all the details and problems could be worked out with the staff, but was concerned about the parkway land as this is now under negotiation with the state. Perhaps a common walkway easement dedicated for this purpose might be worked out by setback of the units; he would pre- fer that it not be on the freeway property. Additional open space requirement would place too heavy a burden on the homeowners and make the cost of maintenance too high per unit. Councilman Beebe inquired about the unused density from the remain- der of the PUD. Mr. Scherman felt it would amount to about 15 or 20 units to be transferred. They were requesting more units than this as they felt increased density was necessary to get the pro- ject off the ground. Mr. Scherman stated that based on land costs and estimated construc- tion costs they estimate a cost of $18,500 for the two bedroom unit and $21,000 for a three bedroom unit. The homeowners' association costs would be about $25 per month. Mr. Scherman also explained that the parking area will be a part of the common area in the pro- posed project. Councilman Pritchard questioned Mr. Scherman regarding the number of bedrooms in their other single family units. He computed fewer bedrooms in the proposed 230 units than in 155 single family units. Robert Wendt, 319 Elvira street, said his background was in archi- tectural planning and design and he had been asked to be spokesman for a group of residents of the area. Their ideas on the proposed PUD were contained in the petition presented to the Planning Com- mission. They felt that two items should be included to make this a compatible community. First, screened storage for boats, trailers, etc. should be provided within the development itself. Second, the size of the buildings at the perimeter of the site should be limited. He presented a sketch illustrating this point, and discussed their relationship with adjacent single family units. The group did sup- port the Planning Commission findings in other respects. Gene Trasti, 160 Amber Way, said he and his neighbors are concerned about the school situation, and asked the Council to consider the acute problems in this area regarding density and balance of the community. Larry Peppmeier, 182 Amber Way, asked about the school property and what would happen to it if the School District does not have the money to buy the land. Councilman Miller said that the reser- vation clause requires that the property be held for two years until after the last house is built. Mr. Scherman said he felt the suggestion for screened storage of boats and campers was a good one and agreed. He said that in re- gard to the school problem, the school site will be reserved for three to three and a half years and it is hoped that a bond issue will be passed by that time enabling the school district to pur- chase the site. He stated again that the project will not generate as many school children as single family homes. Councilman Pritchard made a motion, seconded by Councilman Beebe, to close the public hearing and it was approved unanimously. Mayor Taylor suggested that the number of units to be permitted be discussed first. The number of units originally indicated for this area was 155; the Planning Commission has recommended 190, with credit for the parkway units, and the applicant requests 230. Councilman Miller pointed out that the present bounds of the PUD do not include the area to be acquired by the State. If area is added to the PUD, then more units would be allowed. Councilman CM-24-78 Miller stated he felt that the Council's policy has been, for some time, that density transfers and increase in General Plan densities would not be allowed. He stated that the map which had been for 66 single family and 90 apartment units, which for fewer bedrooms. April 26, 1971 (PUD No. 15) approved called would provide Councilman Silva said he felt the applicant was requesting a major change in philosophy as he was basing density on the number of bedrooms rather than units per acre. Perhaps the method of com- puting holding capacity should be changed but this would involve long debate. He felt basing it on the units per acre was working out close to actual number of people. Mayor Taylor said that requests to include all remaining density in the last unit of a large development had come before the Coun- cil before, but they had been denied. Councilman Pritchard felt that some changes in policy should be studied, and the way density is computed was one of the changes he would suggest. He referred to a previous approval of a town- house development which has now been occupied and there are only two pre-school children. Councilman Beebe felt the Council should be cognizant of changes in building trends and development such as townhouses, and these matters should be studied again. He felt allowing transfer of density to provide open space was a different matter than gather- ing up credit for units in the whole PUD. Mayor Taylor stated that there must be some justification for an increase in density other than the idea that the site is more valuable if density is higher. Councilman Miller said they did not have the right to regulate the number of the bedrooms, but rather they can regulate lot size, number of units, and number of streets. There is no practical, reasonable way to regulate the number of bedrooms without inter- ferring with the builder's business. Councilman Pritchard said that in this case the number of bedrooms is known. The Council must have guidelines but they must also be flexible to serve the public. He stated his feeling that the Coun- cil table is not the place to control the number of people. Councilman Miller stated that equal treatment under the law does not mean that one developer can persuade the Council to give him 300 units and the next one can persuade the Council to give him 200. Variances have been discouraged because they give one spec- ial privilege over another, and an attempt is made to apply rules about density and policies in a uniform way. Councilman Miller made a motion to adopt the Planning Commission recommendation for 155 units, plus any additional credit for units justified by either the dedication of the proposed parkway ease- ment along the western boundary or by the transformation of the highway commercial to residential, all to be based on 4 d.u./acre. Councilman Silva felt that if the developer has other lands which he would dedicate to open space in order to increase the density in this PUD this should be included in the motion. Councilman Miller amended his motion to include this provision and the motion was then seconded by Councilman Silva; however, after further dis- cussion Councilman Miller said he could not agree to inclusion of this provision unless the land were within the same planning unit. He felt this could be done through amendment to the PUD. Mayor Taylor pleaded with the Council that before they accept this suggestion they should have a specific proposal, see the land and decide what they will do with the dedicated land and if the park district can support it. CM-24-79 ~ w ~ '~~APril 26, 1971 '~ (PUD No. 15) Councilman Silva stated his proposed motion would be to consider the proposal. ~'f ~ ~ J ~J iu "I:..~ <, ~ ,~ 'I;> '+-~ it ~j ~ ~'i After some discussion, it was decided there was no motion, and Councilman Silva made a motion to accept the Planning Commission recommendation amended as follows: to increase the density based on dedication of parkway; change the highway commercial to resi- dential; also, they would consider increasing the density if lands within the general plan area are dedicated to the City for open space. There was no second to the motion and Councilman Miller remade his original motion with the option they could always consider this type of proposal. Councilman Silva clarified his motion by stating that if the appli- cant wished to increase his density he could dedicate the parkway; change the highway commercial to residential or purchase land some- where in the general plan area and dedicate it to the City for open space; however the reservation on the last item is that the -Council would strongly consider this proposal. The motion was se- conded by Councilman Beebe, and passed by the following called vote: AYES: NO ES : Councilmen Beebe, Silva ani Mayor Taylor Councilmen Pritchard and Miller Councilman Pritchard stated for the record he did not vote against the motion for the same reason as Councilman Miller. Councilman Miller made a motion to accept the Planning Commission recommendation to extend Albert Way and special setbacks. He also wished to add several other conditions: Under General, add Item 8, "All existing living trees shall be saved unless they conflict with necessary construction. Removal of any living tree shall be subject to approval of the Planning Director.'! Add the landscaping conditions that were in the previous draft under commercial; under D. add No.3, that no gas station building permit be approved until 50% of the foundations of the shopping center are poured. Councilman Miller further stated there are 6.2 acres shown as dedicated park, but if there is going to be other park land dedicated there should be some- thing in the permit to indicate there will be another dedication which would be legally required; there should be something specific about the difference in the two types of parks and this should be in the permit as well as on the map. Councilman Miller commented on Mr. Wendt's presentation and stated as suggested by him the boat and trailer storage should not be adjacent to existing single family; screened from all residential units. Also, Mr. Wendt asked and the applicant agreed to restrict the size of the units near the single family which should also be included. Councilman Miller also felt they should resolve the number of gas stations in the PUD and a condition D.4 should be added that there be not more than one gas station in the PUD. The motion was rephrased as follows: to adopt the Planning Commis- sion recommendation regarding Albert Way and special setbacks; the question of the trees; the landscaping conditions in the original permit in the commercial area; no gas stations permitted until 50% of the foundations are poured for the remaining commercial which has been required in recent applications; to clarify in the PUD the legal requirements for park dedication. Mr. Musso stated that Item G should be deleted as there will be all townhouses. The motion was seconded by Councilman Silva and passed unanimously. Councilman Miller made a motion to adopt a statement on the screen- ing of boats and trailers, i.e., "Boat and trailer storage shall not be adjacent to existing single family and shall be screened from all residential units existing in the PUD." The other condition CM-24-80 April 26, 1971 is that the applicant agreed to not more than a (PUD No. 15) four unit construction adjacent to single family. The motion was seconded by Councilman Silva and approved unanimously. A motion was made by Councilman Miller that they not allow more than one gas station in this PUD; the motion was seconded by Mayor Taylo r . Councilman Silva agreed that there should be only one gas station in a neighborhood shopping center, however there is commercial highway, which requires service stations, so he saw no reason why they should not allow at least one in the commercial highway area. The motion failed by the following called vote: AYES: Councilman Miller and Mayor Taylor NOES: Councilmen Beebe, Pritchard and Silva Councilman Silva made a motion to allow one service station in the neighborhood commercial and one in the highway commercial, seconded by Councilman Beebe, and passed by the following vote: AYES: NO ES : Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor The City Attorney made the recommendation that because of the conditions attached to this amendment varying from those made by the Planning Commission, that the matter be referred to them and brought back to the Council for approval at a later date. In view of a recent case ruled on by the District Court of Appeal the permit should be adopted by ordinance. A motion was made by Councilman Silva, seconded by Councilman Miller to refer the application for amendment to PUD No. 15 back to the Planning Commission for review and comment. Jack Phillips stated he felt two hours had been wasted in dis- cussing the amendments and suggested they have the applicant dedicate the park land, reserve the school site for a five-year period, and keep the rest for a reasonable shopping center and have the PUD termed for five years with no minimum requirements. The motion to approve the PUD and refer it back to the Planning Commission because of substantial changes then passed 4 to 1 with Councilman Pritchard dissenting. Mr. Scherman questioned exactly what was meant by the action and Mr. Musso advised that the permit was good until May 1, 1974; it can be extended after that and amended at any time during that period. * * * AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT. RECESS * * * An application for rezoning had been submitted by Carl Nelson/OGO Associates on a site located on the north side of East Avenue, west of Vasco Road, from RS-5 District to RG-IO District. The Planning Director explained that the Planning Commission recommendation was for denial based on nonconformance of the General Plan and the fact that there was no density transfer or anything to justify an increased density in this area nor would any be possible with the present property ownerships. Mr. Musso said there was a history of various proposals PUBLIC HEARING RE REZO NING NO RTH SIDE EAST AVE. WEST OF VASCO RD (Carl Nelson) CM-24-81 April 26, 1971 (PH Rezoning No. Side East Ave. West of Vasco Rd.- Nelson) for this area, and he explained these in more de- tail; there is multiple on one side and industrial on the other. In a sense, the Planning Commission initiated a reversal of what has been done in the past, by proposing that the rezoning be denied and remain in the RS-5 District. Councilman Beebe stated it was his understanding at the time other property in that area was rezoned to RG-IO, that they would con- sider the same for this parcel and asked on what basis it was de- nied by the Planning Commission, and Mr. Musso stated it was be- cause there could be no density transfer from one property to the other. The Council discussed density transfers in general and the zoning in the surrounding area. Mayor Taylor then opened the public hearing. Barnard Adams of Castro Valley, representing the applicant Mr. Nelson, asked the Council's consideration in rezoning the property as re- quested. In representing his client he has found it somewhat con- fusing trying to decide what the property could be used for. They have met with the staff, made a field survey, and subsequent to that had FHA make a feasibility study. When they appeared before the Planning Commission it was found that some of the facts which were brought out in the beginning, which they felt would have rea- sonable weight in the decision for a location of this type, were given very little consideration. Mr. Adams listed the conditions as being the existence of commercial area now under development; the series of applications which set the opportunities available for the land and perhaps the trend; the application for industrial zoning which never was developed and the consensus of those with whom they spoke that this would be reasonable for multiple dwelling use. He felt this was a reasonable area for multiple as it would not disrupt the single family development; and the owner was being required to make improvements not normally required and these re- quirements could only be met if the area could be used and devel- oped so it would economically pay for the improvements, which are widening of East Avenue, further widening and work to be done on the flood control creek in the rear, the dedication and extension of Susan Lane through the property and a 15-foot bicycle path de- dication along the front of the property. Other FHA projects of this type are being developed in adjacent areas at 16 to 20 d.u./acre. He felt this was a logical area for RG-IO zoning as the property adjacent is already zoned RG-IO, and he felt this would be a good rezoning. Mr. Carl Nelson recalled that this property at one time was zoned residential but then changed to RS-5 to allow apartments in a planned unit development. He had brought in clients who received rejections for their plans. Mr. Nelson said he then talked to Mr. Barnard Adams, president of the California Real Estate Association, and asked him for help. Mr. Adams located the present client who is a responsible builder, and the proposed plan should be accept- able since it will not be the type of project that will attract large families and be a burden on the schools. Councilman Pritchard made a motion, seconded by Councilman Silva, to close the public hearing, and it was approved unanimously. Councilman Pritchard personally welcomed Mr. Adams to Livermore. Councilman Beebe said he recalled discussing the rezoning of this property to RG-IO when the adjacent property was rezoned. Mr. Musso said that the last time this property was discussed in re- gard to rezoning the matter was dropped because the City did not, at that time, have the authority to obtain the improvements they wished on this property, such as the channel work and extension of Susan Lane. Since that time it has become possible to impose requirements for public works improvements through zoning. CM-24-82 ) jJ r/: II I,';; >- C"x. L 1/ -r.l' .-p_//j__;,L-~"--~-'~~ I!_ .f'.... . ,.J,", I'f,' ilK: i' I-",j I, " ,. '(-f' Councilman S,ilva felt that although he had turned down previous application5i:b:ftI'Ba he now thought that due to the many required improve- ments it would be impossible to develop this land as single family. Also the property was between RG-IO and ID zoning, and he did not feel this was compatible with single family development. April 26, 1971 (PH Rezoning No. Side East Ave., West of Vasco Rd) Councilman Miller stated he agreed with the Planning Commission that the density not be increased. He felt most of the problems in this area were caused by the rezoning of the Oddon property to industrial, and recalled discussion at the time this property was rezoned that if it was not developed within two years or so that the rezoning should revert. He thought the Planning Commission is apparently considering rezoning the industrial property, and until the best plan for this area is determined this rezoning should not be approved. Councilman Silva pointed out that the staff had recommended approv- al, and did not think action should be contingent on possible con- sideration by the Planning Commission some time in the future, and Councilman Miller replied there were other reasons than Plan- ning Commission consideration to deny the application. Councilman Pritchard stated he concurred with the staff's recom- mendation, and Councilman Beebe stated this was a good location for multiple because it would allow people working at the labs to live close to their work and cut down on traffic. Councilman Silva made a motion to rezone the property from RS-5 to RG-IO with the conditions listed by the Planning staff, se- conded by Councilman Beebe. The City Attorney advised that the City Engineer's oplnlon as to whether or not this area will generate additional traffic to re- quire widening East Avenue and whether improvement of the channel is required because of proper drainage of the site and improvement for upstream runoff. The City Engineer Mr. Lee, stated he did feel the widening of East Avenue to 104 ft. width and the installation of the improve- ments is made necessary by this development and should be included as part of the conditions. Also, he felt the runoff from the pro- perty will augment the flow in the channel and to properly protect the development it will be necessary to improve the channel. Mayor Taylor stated he was against the rezoning to RG-IO as he did not feel multiple should be extended in this area. RS-5 would allow higher density than single family, and this zoning was assigned in recognition of the added cost of improvements. Councilman Miller said that this RS-5 zoning was given previously to encourage cluster type housing, not single family. The motion to rezone the property RG-IO was approved by the follow- ing vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor This matter will be referred back to the Planning Commission for comment prior to introduction of the ordinance. * * * As a part of the annual weed abatement program, a public hearing is held to receive any protests to the City's weed abatement notices. PUBLIC HEARING- WEED ABATEMENT Mayor Taylor opened the public hearing, but there were no protests, CM-24-83 April 26, 1971 (PH - Weed Abatement) either verbal or written. On motion of Councilman Silva, seconded by Councilman Miller, the public hearing was closed by unanimous vote. A motion was made by Councilman Silva, seconded by Councilman Beebe, and approved unanimously to adopt the following resolution: RESOLUTION NO. 50-71 A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING THE SUPERINTENDENT OF STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED. Report re Jaycees Air Show * * * CONSENT CALENDAR Mr. Parness reported that the second annual Jaycee Air Show is planned for Sunday, May 2. The insur- ance problem for this event has been resolved to the satisfaction of our City's general liability agency and our City Attorney. It is recommended that the Council authorize this event, subject to the following conditions: 1. Adequate insurance coverage, with the cost borne by the Jaycees, as a rider on the City's policy 2. Necessary crowd control and safety precautions satisfactory to federal, state and local requirements be provided. 3. Payment made to the City to cover necessary material and personnel cost 4. Return grounds to former condition insofar as cleanup and maintenance 5. Any other requirements considered necessary by the Airport Superintendent 6. Authorization for the City Manager to execute any waiver required by the FAA re the temporary tower Communication re BART Advertising Po licy Request re Veterans Day Commission Communication re Railroad Crossings Resignation from Beauti- fication Comm. CM-24-84 * * * A communication from Bay Area Rapid Transit District re their advertising policy was removed from the Consent Calendar. * * * A request was received from the County of Alameda Veterans Day Commission for a contribution, and it is recommended that this matter be referred to the Chamber of Commerce. * * * A communication received from W. G. Funk regarding railroad crossings was removed from the Consent Calendar. * * * A letter of resignation from the Beautification Committee was submitted by Robert F. Schaefer. * * * April 26, 1971 Minutes of the Beautification Committee meeting (Minutes-Various) of April 1, and minutes of the Housing Authority meeting of March 16, were acknowledged and filed. * * * On motion of Councilman Beebe, seconded by Coun- cilman Pritchard, and by unanimous vote, the items on the Consent Calendar were approved. Approval of Consent Calendar * * * The City Manager reported that one of the rea- sons the present business license fee ordinance has been in effect for so long has been the staff's reluctance to change it as it has always and will probably always cause a stir in the community. BUSINESS LICENSE FEE ORDINANCE AMENDMENT He stated the present ordinance was adopted in 1960; the revenues generated have slowly climbed so that this year about $60,000 will be received from this source of revenue. About one year ago the redraft was undertaken by the staff, and other ordinances in effect in close proximity to Livermore have been studied and the recently completed survey prepared by the League of California Cities has been reviewed in detail. The goals of the redraft were to: 1) correct illogical bracket structure or categories, 2) regressive rates indicated, 3) maximum tax limit regardless of gross, 4) professional classification only had flat rate, 5) public utilities not assessed any fee, and 6) drastic need for revenue. He pointed out the percent ratio of the license fee in relation to the total City revenue, the sales tax revenue, based on per capita amount, and per $1,000 of taxable scales, and cited figures which showed that the percent of the total had declined in these relationships. In the survey of other cities, it was found that the majority, or 51% of the cities received between 2% and 3.9% of their total revenue from license fees. This indicates our rate was excessively low in comparison, and several defective parts existed in the existing ordinance. The proposed amendment was presented to the Council about two months ago, at which time the staff was directed to meet with interested civic groups and indi- viduals for discussion of this amendment. The Chamber of Commerce formed a committee which had met with the City staff and some members of the Council during this time to study this proposed amendment and the proposed ordinance amendment now being presented was redrafted and changed as a result of these discussions. Two schedules had been prepared, based on the percentage of return or margin of profit. Another modification had been inclusion of a declining scale for the millage rate for each of the gross brackets. A change has also been made to indicate a more gradual and more numerous incline in the gross sales brackets. Several proposals were distributed to the Council in regard to the general scales which showed modification in the general level of rates. Mr. Parness presented charts indicating comparisons of business classes, and discussed each of these comparisons in detail. In answer to Mayor Taylor's question, the City Attorney stated that under the Business and Professions Code, a specific statute allows cities alone to license for revenue. Milt Codiroli, president of the Chamber of Commerce, felt there were two areas which needed further consideration. One is the fee charged contractors; the cost under the proposed ordinance is prohibitive; second, the fee for professional people is on a flat fee basis, not on a sliding scale. The Chamber had tried to be reasonable and fair in their consideration of the proposed increase in the fees and their proposal is a substantial increase, which they felt was proper. He stated that the comparison in fee CM-24-85 April 26, 1971 (Business License Fees) structures should not be made with Modesto and Fresno, but rather with Pleasanton, Hayward, Fre- mont, Walnut Creek and Concord. He did not feel the business license fee should be higher than these cities. Mr. Codiroli reported that of the 230 who attended a meeting of the Chamber in this regard, 156 said they would accept the Chamber's proposal and 6 who said they would not. It is well agreed among the business community that not all businesses pay the licnese fee. The City has no system of audit or way of de- termining collections, and this is grossly unfair to those who do pay the fee each year. The Chamber's proposal would increase the small businessman's fee but the greater burden would be placed on the higher brackets. Consideration should be given to the work of the Chamber in studying this matter. James J. McFarlane, 1915 Fourth street, felt that a business li- cense fee is discriminatory in that only one segment of the community is called upon to pay the tax, and the revenue is dissem- inated to the community at large. He thought this was a form of exploitation of the business community and asked the Council to ask themselves to consider if this is a fair way to obtain revenue. He wished to go on record as being opposed in concept to raising revenue from one segment of the community. Robert S. Allen, 223 Donner Avenue, felt the revenue gained from the business license tax would not be a significant part of total City revenue and the bookkeeping burden on the City and individual businesses would be far greater than benefit gained. He urged the Council to reject the increase and, further, to repeal the exist- ing license tax. In answer to Councilman Miller's question, Mr. Allen said he would rather see the revenue raised by increased pro- perty tax. Donald T. Rocco, a dentist located at 1018 Murrieta Blvd., felt the scale for professionals should be the same as other businesses. He was opposed to the increase proposed by the City and felt the Chamber's program was more equitable. Leon Dillenburg, Bay Area Grocers Association in Oakland, said statistics show that the profit in supermarkets has been decreas- ing. He would rather pay the revenue through property tax than pay this fee as property tax would be deductible on state and fed- eral income tax and some benefit could be derived. Katie Richardson, 510 Junction Avenue, was opposed to the increase in the business license tax. She felt taxes should be leveling off rather than increasing, and the increase in this tax will affect all consumers as well as the business community. Clifford Marcussen, 1063 Via Madrid, felt more business should be encouraged to locate in Livermore to broaden the tax base. The local businessman's investment should not be jeopardized by add- ing more tax. Mr. Dalrymple of A & A Auto said he had located in Livermore two and a half years ago after living in a community where the taxes were excessively high. He would endorse the Chamber's proposal rather than the City's. The whole tax structure must be kept in mind. Harold Kamp, 1980 Locust Street, stated it seems that the atmos- phere and attitude of some of the community is not in favor of industry. The community needs more balance and something should be done to keep the people here. David Greiner, a stockbroker in Livermore, said the margin of in- come in his business was very low, and the license tax borders on being confiscatory. This tends to influence the way he runs his business and is unacceptable in the American system. He suggested that the Council consider the manner of assessing the fee. CM-24-86 April 26, 1971 The Council discussed the category under which Mr. Greiner's fee would be assessed and pointed out his fee would be based on his commissions only under the professional scale. (Business License Fees) Charles Brown, a real estate broker, asked about fees which would leave the City, for instance a business with only a branch office in Livermore. Mr. Parness said the intent of the proposed ordinance is to assess anyone conducting business in the City. The City Attorney said this would have to be determined under guidelines of the law which would require substantial contact or business generated within the City. The Council discussed the manner and method of collecting the fee on an equitable basis from everyone doing business in the City, whether based here or out of town. Ralph Laughlin, real estate broker, spoke to the problem of collect- ing the fee for all business conducted, and felt it would be diffi- cult to collect. He felt it penalized the individual working on his own and not the salaried person. Bud Ellis, a dentist, asked the reason professional people are not being treated as other businesses. He referred to the flat rate of 2 mils per thousand rather than 1.5 mils or a sliding scale. Mr. Parness explained that there are reasons for assessing on a flat rate basis and many cities do this. In discussions with the business representatives, he and members of the Council had been told businesses differ as to margin of profit and overhead costs attached to the volume of business. Some businesses make a good return on their investment due to the very large volume of businesses conducted. Mr. Ellis said his business is different because if for some reason he cannot function his business cannot carryon. He asked for further consideration of the fee on professional people. Mrs. Prudhon spoke as a purchaser and customer in Livermore. She would refuse to pass on her purchasing power to businesses who would pass on their increase in fee to their customers with- out having the chance to speak. Mr. Codiroli pointed out in clarification of his previous remarks that the business community was not entirely happy about the in- crease, but felt that the Chamber's proposal was more fair than the City's. A motion was made by Councilman Silva, seconded by Councilman Miller, to continue discussion regarding the business license fee ordinance amendment until the meeting of May 3. * * * AFTER A BRIEF RECESS, THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * Councilman Silva abstained from discussion and vote on this matter due to business connections with one of the firms. REFD RT RE AMBULANCE SERVICE The City Manager explained that this matter had been continued from the previous meeting in order that the Mayor might be pre- sent for discussion and to receive a letter in this regard from the Valley Memorial Hospital Board. It is the staff's recommen- dation that the proposal contained in the report distributed to the Council be followed, i.e., that the step plan be followed CM-24-87 April 26, 1971 (Ambulance Service) with the first step being to refer the entire matter to the Valley Memorial Hospital, who have indicated formally by action of their Board of Directors that they will assume responsibilities to serve as the technical appraisal agency for provision of the emergency ambulance service for the Valley and serve eventually in a coordinating administrative role for this service, subject to the provisions of the joint powers agreement to be entered into by the three subject agencies. William Struthers, chairman of the Board of Directors of Valley Memorial Hospital, reported that the Board has voted to accept this responsibility. He and the hospital administrator, Tom Andrews, were present to answer questions. David Madis, attorney representing Allen's Ambulance, said that his client had also prepared a proposal for this service. The hospital had originally worked out a proposal with a budget of $44,000 to provide two ambulance locations within the Valley. They had then decided not to follow this plan and now proposed to become administrator of Allen's service. The $44,000 represents a subsidy of about $4,000 per month. He questioned if it is de- cided to service the area of Dublin, which is further from the hospital than Livermore or Pleasanton, would the cost be charged equally. He said Allen's could provide the ambulance service for $800 per month under a regular contract. What is the hospital going to provide - in-service training or tell Allen's whom to hire or fire or how to treat employees. In the Hospital's propo- sal, they requested that the ambulances be located on existing or future governmental facilities, yet under the present proposal the hospital says they will provide the space. Mr. Madis asked if the City of Livermore is willing to delegate its responsibility and authority. Allen's would be willing to work with a committee in regard to service. But is the City going to delegate its authority as to standard of service and care and will the type of service be stated without regard to cost of such service. Allen's Ambulance did not wish to participate in a proposal whereby the Hospital would administer their ambulance service. Mayor Taylor said the Hospital would advise only from a medical point of view. The proposal did not commit the Councilor City to a blank check as the agencies will have final review. In re- gard to the Hospital's proposal to operate the ambulance service, the Council is not considering this proposal at all but is con- sidering their proposal to administer the service. Mr. Parness said the essence of the recommendation is that this is a highly technical type of service and the ambulance service is an arm of the service of the hospital; the logical thing is to have the people who administer the hospital take part in the ap- praisal of the ambulance service. Further, a decision was needed regarding delegation of authority to the hospital for formation of a committee of people within their organization to appraise, qualitatively, the emergency ambulance service in whatever final form it may be. Secondly, ask the hospital committee to recommend to the Council which contractee should be accepted, and in the event that recommendation is accepted, to allow the staffs of the three governmental agencies involved, working in conjunction with the hospital staff, to draft a joint exercise of powers agreement which would implement this system subject to further formal con- sideration and approval. Councilman Pritchard inquired about the $1500 which was mentioned in the report, and Mr. Parness explained that this was the amount inserted by one of the applicant agencies which is proposing am- bulance service. Councilman Pritchard asked Mr. Andrews if the hospital was prepared to put on paper the manner in which the services will be graded qualitatively and what method would be used in obtaining a figure to present to the study committee and what services the hospital will give to the contractee. CM-24-88 April 26, 1971 Mr. Andrews said he had talked to the executive committee which consists of the Board of Direc- tors with the medical staff in this regard, but no commitment has been made by the committee as to which operator should be recommended. Mr. Andrews said the Board of Directors, nor he himself, would be able to make a re- commendation, but the medical staff committee may. The services the hospital can provide have been listed, and he would be glad to discuss any additional requests for services with an operator. The operators would be evaluated from a medical, qualitative standpoint, not in regard to fees or bids, etc. (Ambulance Service) Councilman Pritchard said he personally would need more informa- tion as to how they would accomplish these things before making a commitment to them. Mayor Taylor stated that the only group capable of making a medical judgment is the medical profession. Mr. Parness pointed out that joint powers agreement will be form- alized later and will give specific duties to each agency and to a singular one, hopefully the hospital, which will be an overall contracting agency for evaluation and administration purposes. This first step will give the hospital the chance to make a state- ment as to the service and perhaps a recommendation as to a con- tractee. If they reject making such a recommendation, then the City will have to decide how it will be done. Councilman Miller made a motion to adopt the City Manager's re- commendation. Councilman Beebe felt this matter should be continued for a week in order to get some answers from the hospital in writing. He asked the City Manager about County participation and Mr. Parness replied that they have been led to believe the County will parti- cipate financially in this arrangement on a one-third basis. Mr. Andrews stated the Board met on Wednesday, and he hoped that it would be possible to get a statement at that meeting. Councilman Miller then withdrew his motion, and the Council con- curred in continuing this matter until May 3. * * * The public hearing on the application submitted by Associated Professions, Inc. for rezoning to PD District pro~erty located on the south side of Interstate 580, east of Airway Blvd. was held on November 16. At the meeting of November 23, as the Council's action was contrary to the re- commendation of the Planning Commission, it was referred back to them for review and comment. The Commission's comments were pre- sented to the Council on February 22, but further action postponed until such time as pending engineering studies by ABAG could be completed in accordance with a new state law regulating noise em- issions in and about public airports. These engineering studies have not been completed. REZONING TO PD DISTRICT SO. SIDE OF U.S. 580 (Assoc. Professions) Mr. Musso explained that the Planning Commission had recommended denial, but the Council assigned ID District zoning with the option of the use for a mobile home park under a conditional use permit. The Planning Commission concurred in the ID zoning but reaffirmed their original stand on the mobile home park. Mayor Taylor mentioned that this item would entail a long dis- cussion, and asked if there was anyone thing in particular the applicant would like resolved other than whether or not he could have the trailer park. CM-24-89 April 26, 1971 (Rezoning to PD Dist. So. Side 580 - Associated Professions) Dan Spruiell stated he would like an explanation of the map and asked if Mr. Lee would explain to the Council the noize zone, and then the applicant would be agreeable to continue the matter until May 3. Public Works Director Daniel Lee explained a map of the area, including the end of the runway and the portion to the east, with the noise impact areas superimposed on the map. The noise impact areas are indicated by the NEF scale (Noise Exposure Forecast). This scale is based on such factors as magnitude of noise of each fly-by, duration and number of fly-bys, and distribu- tion of theseoocurrences three times a day. The State has adopted noise levels for future planning around airports. Mr. Lee also ex- plained a projection of operations at the airport for 1985 and the type of aircraft using the airport at that time. Mr. Lee pointed out the area under consideration and the NEF con- tours based on projections for 1985. According to the standards established by the federal agency using NEF scales there should not be any residential development within the "30" contour, and the area between 30 and 25 is a borderline area since any increase in traffic would raise the noise level in this particular area. Mobile homes would probably be more susceptible to noise since the residents might be older and the size and type of construction of the units could be a factor. He stated that he did not feel residential should be allowed in the 25 contour. There are other considerations beside noise such as exposure to aircraft. Mayor Taylor asked the City Attorney whether use of this map and report and its recommendations would indemnify the City in a future suit against the City for noise. The City Attorney explained that the study was to give guidance to the County committee which will be setting up zones around airports and also to cities in allowing zoning. The state law sets a standard, and within the areaof the 30 contour there are restrictions such as which uses are permitted in that zone. In the 25 contour there would not be a limitation in the use in the area. None of this study will indemnify the City. Councilman Miller asked what would happen if in five years the State changes its standards; it is probable that upgrading will occur. Councilman Pritchard said he had decided when the matter was continued in order to have ABAG's report he would abide by the results of the report. The City Attorney said it would be desirable to have an air easement if this development is allowed as a matter of protection for the City. Mayor Taylor felt it would be best to ask the Airport Advisory Com- mittee for comments on the ABAG noise report, and the majority of the Council agreed. Mr. Spruiell said his client is agreeable to working out a noise or air easement with the City if this development is allowed. Mr. Lee said he had checked with the State about purchase of the right-of-way. There are funds for purchase of such property, but they require a plan and must be convinced that the builder is ready to proceed before they will act. He was requested to contact the state again in this regard. * * * REPORT RE LEASE OF CITY PROPERTY ALONG AIRPORT BLVD. The City Manager reported that negotiations have been completed for lease of three acres along Air- port Blvd. just east of the airport on land formerly occupied by the water treatment plant oxidation ponds. There are three one-acre parcels. Construc- tion on one parcel is to be a 21,000 sq. ft. building CM-24-90 April 26, 1971 with a market value in excess of $100,000. When (Lease Property this building is occupied, comparable units will Along Airport Blvd) be constructed on the other two parcels. The re- turn to the City from the ground lease will be about $4,320 per year plus possessory interest taxes. Frontage improvements will have to be installed by the City at an estimated cost of $29,000. After discussion the Council felt it would be best to obtain al- ternate bids which would allow further widening of the street beyond that portion fronting on the subject property. The City Attorney stated the lease has provisions for construction of the first unit to be completed within eighteen months of com- mencement of term of lease and a second and like unit to be com- pleted within expiration of five years. Councilman Miller did not feel that the return is large enough as it will take a number of years to pay back the cost of im- provements. Councilman Pritchard made a motion to authorize the lease and authorize bids for utility and frontage improvements to the site, with alternate bids for extension of improvements, and designa- tion of this property as surplus property resulting from the ex- pansion of the sewer plant and elimination of the ponds and the City has not immediate or foreseeable use for the land. The motion was seconded by Councilman Beebe, and approved unanimously. RESOLUTION NO. 51-71 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Hilde, Lange, Findleton and Hilde) * * * The Public Works Director reported that bids had been received for various capital improvement projects as listed below: REPORT RE CAPITAL IMPROVEMENTS BID SOLICITATION 1. 2. 3. 4. 5. 6. 7. 8. Oliver de Silva, Inc. Gallagher & Burk, Inc. Silva Brothers Independent Construction Piombo Co. Teichert, Inc. McGuire & Hester Pellegrini Construction $ 296,433.14 301,522.47 309)089.45 317,748.74 320,141.84 326,905.64 335,960.50 428,821.28 $311,745.50 Engineer's Estimate The Public Works Director recommended that the bid be awarded to the low bidder, Oliver de Silva, Inc. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to accept the recommendation and award the bid to Oliver de Silva, Inc., and it was approved unanimously. * * * Discussion of a communication from the Bay Area Rapid Transit District regarding their advertis- ing policy and also a communication from W.G. Funk regarding use of certain type of railroad crossing devices were removed from the Consent Calendar, but due to the lateness of the hour these matters were continued. BART ADVERTISING POLICY & COMMUNI- CATION RE RR CROSSINGS CM-24-91 April 26, 1971 MATTERS INITIATED BY STAFF (Park Dedication) although it has The use of fees will be made to MATTERS INITIATED BY COUNCIL (Police Week) (Sister City Visit) (BART Extension) ADJOURNMENT CM-24-92 The City Attorney advised that the Supreme Court has upheld the constitutionality of the park dedi- cation statute and all provisions of the Walnut Creek ordinance, sustained the decision of the trial court and threw out the decision of the District Court of Appeals. The main points, as he understood the decision, is that the City has the right to have a park dedication ordinance and need not give credit for private improvements, a broad range of leeway in use of those credits. to improve the park was upheld. A further report the Council in writing. * * * Councilman Pritchard felt it would be appropriate to designate the week of May 9 through 15 as Police Week and May 15 as Police Memorial Day. This re- quest had been made by the Police Association. A resolution will be prepared. * * * Councilman Miller reported that he would be unable to act as the Council's representative for the visitation to the Sister City this year. * * * Mayor Taylor reported on the hearing held by the Senate Committee on Public utilities and stated he had testified on behalf of the Valley Planning Committee regarding BART extension. The bill did not get out of the committee. * * * There being no further business to come before the Council, the meeting was adjourned at 1:45 a.m. * * * APPROVE ATTEST * * * Regular Meeting of May 3, 1971 A regular meeting of the City Council was held on May 3, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:12 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor ABSENT: None * * * Mayor Taylor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * On motion of Councilman Beebe, seconded by Councilman Silva, the minutes of the regular meeting of April 26, 1971, were approved as amended by unanimous vote. * * * RO LL CALL PLEDGE OF ALLEGIANCE MINUTES Robert Allen, 223 Donner Ave., referred to a OPEN FORUM letter written to the Council regarding the pro- posed business license fee ordinance amendment. He stated the paragraph in reference to California Water was incorrect and wished the Council to note this. * * * Proposed amendments to the Zoning Ordinance - Residential District include Section 5.00 re- garding accessory uses, minimum lot width, minimum yards, maximum developable floor area, and addition of Section 5.59, computation for purposes of determining density, and Section 20.00 - General Provisions and Accessory Buildings. PUBLIC HEARING RE ZONING ORDINANCE AMENDMENT RS DIST. The public hearing was opened by Mayor Taylor, but no oral comments were made and no written comments were received. Councilman Miller made a motion, seconded by Councilman Silva, to continue the public hearing until May 17, and it was approved unanimously. * * * The City Council heard a report from the City Manager and testimony from various individuals at the previous meeting regarding business li- cense fee revisions, but discussion by the Coun- cil was continued until this time. BUSINESS LICENSE FEE REVISIONS Jack Phillips referred to previous comment that Modesto and Fresno should not be considered in the comparison of fees charged and stated he agreed. Carolyn Oddon, 5846 East Avenue, protested the new fees proposed by the City. The Chamber of Commerce proposal, she felt, is much more satisfactory. Even with this proposal, the consumer will have to absorb the additional cost. She objected to this forced taxa- tion, and felt it was a factor in businesses moving from Livermore. William Turner, 6246 Mines Road, said he had been in business in Livermore for two years. He stated there were some inequities CM-24-93 May 3, 1971 (Business Licensee Fee Revisions) which, if they were not structured differently, he would refuse to pay. Life insurance and casualty insurance agencies are state regulated and, there- fore, apparently pay no fees. He has paid taxes on the mutual fund sales in his business, however, for the past two years. There needs to be some clarification as to what is taxed and what is not. The City Attorney advised there is no license fee on the insur- ance company itself, but under the proposed ordinance a life in- surance broker would be taxed on his commissions. Ebert Lounsbury stated he resided just outside the City limits. It seems that the ordinance is a tax on all business and profes- sional people to increase income of the City. He suggested that all professional people, including those employed at the Lawrence Radiation Laboratory, be taxed on the basis of their professional standing. The City Attorney stated that these persons are not doing business within the City, per see The only way they can be taxed on income is through income tax, and the City is prohibited from assessing an income tax. Ralph Laughlin, real estate broker, inquired if the City staff would have to be increased to administer the proposed fees. The City Manager advised that it is not the intention to ask for increase in staff, but it might be necessary to ask for a slight increase in funds to cover the cost of spot auditing, which would probably amount to one man-month for an employee of an outside firm. Councilman Miller said it is usually the case that auditing brings in as much or more than the cost of the audit. This would carry out the intention that all be taxed equally and equitably. Dan Graham, 276 Hillcrest, felt that the sales tax should be in- creased which would tax everyone, not just the businessman. He did not feel the increase could be passed on to the customer as this would just increase the volume and sales tax. Mr. Parness pointed out that the City cannot increase the sales tax as this is under the jurisdiction of the State. Mr. Lewis stated that a business license fee is not deemed to be an income tax by the legislature or court. This tax is deducti- ble from the gross income as are other taxes. Lloyd Jansen, 516 Adelle street, felt large businesses such as those locating in Dublin should be the ones that we would want to locate in Livermore. He wondered how much they considered the business fee in deciding where to locate. This should be considered by the Council. Mr. Parness stated that in his numerous contacts with potential business clients the question of business license fees had never been discussed. Dr. James McFarlane said he thought that fees levied against pro- fessional people is indeed an income tax which discriminates against the self employed person. Councilman Miller spoke in regard to references made to this bus- iness license fee, in fact, being an income tax. It has been pointed out by the Chamber and others that businesses with the same gross do not necessarily have the same net income. For this reason the gross receipts tax schedule had been divided into two parts according to net profits on sales. The license fee is not based on personal net income but on gross receipt; the law pro- hibits basing the fee on net income. CM-24-94 May 3, 1971 Milt Codiroli, president of the Chamber of Com- merce, said that in his business his profession- al employees' pay is based on their production, just as a businessman. He did feel the business license fee would be a factor in location of a firm, other factors being equal. (Business License Fee Revisions) Aubry Greer, local businessman, asked just what the money raised by the fees would be used for. If the revenue is for all the people, then why should the business man pay. The cost should be shared by all and not just a few. Robert Allen, 223 Donner, referred to a letter which he had ad- dressed to the Council in which he pointed out the property tax accounted for 28% and the sales tax for about 26% of the total tax revenue. The present license fees account for about 3.3%; the proposed fees would be 5.7%. He was opposed to this means of raising revenue. Enforcement would be difficult and impose a large bookkeeping task on merchants. Such tax methods might drive business away from the City and thus lose property and school taxes. Lorraine Raison, 5244 Kathy Way, felt people would be willing to pay slightly higher prices to shop locally if the service and merchandise available warrant. Mayor Taylor closed the discussion at this time in order for the Council members to debate this matter. Councilman Silva said he had a few questions in regard to the proposed ordinance. He questioned how the fees would be assessed for contractors and subcontractors. The contractor would sub- tract his subcontractor costs and pay on that basis and the sub- contractors would pay their portion. He was concerned about collecting fees from outside persons. The issue was discussed and the staff pointed out that audit would be one means and a physical check of trucks and places of business would aid in determining who is and is not paying the fee. Councilman Beebe said he did not know how it would be possible to collect the fee from everyone doing business wholesale in Livermore. Councilman Pritchard inquired about the classification of real estate brokers. The Finance Director stated real estate brokers are in the professional classification; only the agency or broker would be taxed and not the salesmen. Mayor Taylor stated that this license fee has been in effect for a number of years; the matter to be considered is an increase in this fee because the business community is paying a progressive- ly smaller portion of the cost of running the City. The City provides many special services to the business community not pro- vided for the general taxpayer;certain items are included in the City budget which benefit the business district. For example, the upgrading of the fire department enables the business community to enjoy lower fire rates. Twenty percent of the police patrol is for the business community. Streets in the business community are maintained on a greater frequency. One full time police de- tective is hired to work with the business community through semi- nars and help on bad checks. There is no charge for connection to the burglar alarm system. The citizens at large will object to spending large sums of money to benefit the business district from their tax dollars unless the business community supports their benefits. The benefit from reduced fire rates and service makes for far greater savings than the cost of business license fees. It is difficult to spread this license tax equitably just as it is for other taxes. There is justification for levying this license fee other than just raising revenue. CM-24-95 May 3, 1971 (Business License Fee Revisions) Mayor Taylor discussed the reason for assessing pro- fessionals on a flat fee rather than a sliding scale. A professional cannot increase the margin of profit by increasing volume; he can increase volume only by better service. Mayor Taylor felt the amounts to be assessed were fairly reason- able. It would be about $1.50 per $1,000 on the upper limit. Councilman Miller felt the effect of the amount on the sale of a car, for instance, would be negligible as far as the customer is concerned. Councilman Silva discussed references made by several people that this is an income tax, and he thought it did border on being such a tax. He asked why business license fees are not based on number of employees and/or vehicles. Mr. Parness said basing the fee on number of employees would lose the equity of the tax as there might be a large gross volume bus- iness with no employees. Mayor Taylor indicated this involved philosophy of taxation. It is usually based on services received and ability to pay. There has to be some relation between ability to pay and the tax. Councilman Miller stated that the City Attorney had reported that gross receipts are defined by statute not to be an income tax. Second, taxation on gross receipts was recommended by the League of California Cities and is being adopted by many cities as fees are upgraded. Gross receipts is the method for having the busi- nesses pay for economic growth and services provided. Councilman Beebe said the main points concern the fee schedule and the classification for professional people. Councilman Miller stated that fundamentally this increase in li- cense fees is a tax reform issue to shift the burden from the pro- perty tax and to eliminate some of the inequities. The proposed increases for the majority of the businesses are relatively small. The increase will amount to no more than approximately $60 for a gross of $150,000 or less, and for a gross of $250,000 the increase will be a little more than $100. Most of the burden in the past has been carried by the smaller businesses, and this will still be the case if the compromises suggested are adopted. The elimi- nation of the upper limit will place a greater share on the bigger businesses. Not all of the fees will be passed on to the customer. Changes in the license fee schedules might account for enough re- v~nue to be ~quivalent to lOt', on(Jhh'prop~rt~c~/.rat4e.... w<){~?,i~en- tlal propertles pay 90% of tl{~ui{Ierr; :w.hid:l a..LsJ" (f-:!€,c6UY$ges --iR- dustry. A business license fee which ke~s pace with the sales ~~ dollar and sales tax is favorable to the tax structure for the?X(~'~ residents. Councilman Miller also expressed his appreciation for\~ the spirit of cooperation evidenced by the committee from the Cham- ber of Commerce who had worked with the City committee on this draft and proposal. Councilman Pritchard did not agree that this was a major tax re- form issue. Hopefully, the business license fee revenue will be brought more into line with other communities and be made more equitable. The present ordinance will be revised to bring it up to date. Councilman Silva agreed that this is not a major tax reform but a revision of an ordinance as has been done with other ordinances. He felt the fees should be increased in line with fees of other communities. A motion was made by Councilman Silva, seconded by Councilman Pritchard, to adopt the proposal of the Chamber of Commerce as the fee structure for revision of the ordinance. CM-24-96 May 3, 1971 Councilman Miller did not feel the Chamber's fee structure was adequate and that the fourth pro- posal drawn up by the City was reasonable. (Business License Fee Revision) Councilman Pritchard stated he had seconded Councilman Silva's motion for the sake of discussion, however, he, together with Councilmen Beebe and Miller, did discuss another fee schedule - not quite as low as the Chamber's proposal, but not as high as No.4, and asked if either Mr. Kennedy or Mr. Parness could take these figures and explain where they would be on the chart. Mayor Taylor commented that after hearing the discussion and look- ing at the curve felt that the City staff's proposal was too high and wished to consider something lower, and also asked that this line be drawn on the chart. Mayor Taylor further stated that he felt the Chamber's proposal was honest and straightforward and reasonable; Livermore is as revenue poor as any city in the Bay area as we are a commuter community. He agreed with the state- ments made that Modesto and Fresno are out of our area, but felt it reasonable to consider them for comparison purposes. Councilman Beebe felt we should concern ourselves with our com- peting shopping center areas - Concord, Walnut Creek and Hayward. Milt Codiroli of the Chamber of Commerce discussed the inclusion of doctors, dentists, etc. under professional classification in the City's proposal. This might be unreasonable in the future in the event a group of doctors formed a clinic which would con- stitute one business with much higher gross income. Also, he felt the contractors should be under Schedule B because of the high price item they sell. He was critical of the City's pro- posals as being too high and not made in good faith, and said the proposal made by the Chamber was one the business community could live with. If the Council feels it must raise the rates again in the future, it can always do so. The adoption of the Chamber's proposal would be more fair and reasonable to the busi- nessmen in competing with other communities and would improve the relationship between the City and the Chamber. Mayor Taylor pointed out the meetings between the City and the Chamber had not been an attempt to negotiate a rate as tax rates are not set in this manner. Councilman Miller stated that when the meetings had first started the Chamber had considered a zero tax increase; for the most part the increase will be small. He personally felt the straight rate is the only fair way to assess the fees, and graduated fees penalize the small businessman. The various proposals by the City were efforts to take into account the objections made by the Chamber. He felt the Chamber's pro- posal was too low and the only real difference in the City's proposal was in the high gross businesses. William Dalrymple, 781 Meadowlark Street, asked if there were enough large businesses in Livermore to account for the antici- pated revenue under the City's proposal without a large part of the increase coming from the smaller businesses. Mayor Taylor pointed out that 7% of the businesses were considered large busi- nesses. Councilman Beebe said that the major portion of the fee will come from the businesses with gross of $500,000 and more. Councilman Pritchard asked if the difference in the two proposals of $75 on a gross of $250,000 would be unfair and why. Mr. Codi- roli replied that a large gross does not necessarily mean a high net income and costs are escalating. He wanted the City to try the Chamber's proposal for a year and see how much revenue is collected, and then to see how much revenue is increased by strict enforcement. The question was called for and the motion to adopt the Chamber's fee structure failed to pass by the following vote: AYES: Councilmen Pritchard and Silva NOES: Councilmen Beebe, Miller and Mayor Taylor CM-24-97 May 3, 1971 (Business License Fee Revisions) AYES: NOES: A motion was made by Councilman Miller to adopt the 5th Proposal made by the City and presented at the meeting, which was seconded by Councilman Pritchard, but the motion failed by the following called vote: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman Beebe made a motion that the Chamber of Commerce's fee schedule, amended to place contractors under Schedule B and pro- fessional people in Schedule A, be adopted, seconded by Councilman Silva. Councilman Miller felt that contractors should be in Schedule A as they do not belong in the same classification as car dealers and grocery stores since they have higher profit. The motion was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor RECESS REPORT RE EMERGENCY AMBULANCE SERVICE * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * Discussion regarding the emergency ambulance service was continued from April 26 in order to obtain a written statement from Valley Memorial Hospital re- garding the process to be used in a qualitative appraisal. Councilman Silva abstained from discus- sion and vote on this matter. Councilman Pritchard made a motion to refer the matter to the assigned Valley Memorial Hospital committee to establish the cri- teria for the services and to select the qualified company with a plea to expedite this matter as much as possible, and the motion was seconded by Councilman Beebe, and approved unanimously. REZONING TO PD DISTRICT SO. SIDE OF U.S. 580 (Associated Professions) * * * Discussion regarding the application submitted by Associated Professions for rezoning to PD District (Planned Development) property located on the south side of Interstate 580, east of Airway Blvd. was continued from the meeting of April 26. The Public Works Director explained that the noise contour standards which were adopted by the State will go into effect in December. The legislation establishes a noise level scale. He explained the pattern created at the air- port based on 1985 volumes of air traffic, but felt the estimate was very conservative. Mr. Lee discussed various factors to be considered in regard to estimates of air traffic and types of aircraft. His report indicates that residential development should not be allowed in the 25 contour. The Airport Advisory Committee had discussed this matter and had made a recommendation. In an- swer to Councilman Pritchard's question, Mr. Lee explained that if in the future the 30 contour does encroach on development, then the residential owners could have some claim against the airport. Councilman Pritchard suggested that the Council go on record as not being in favor of the airport becoming a regional airport. Mr. Lee discussed what areas of control the City had over the airport usage. CM-24-98 May 3, 1971 The Planning Director explained that the orlgl- nal application before the Planning Commission was for rezoning to PD District and an applica- tion for a PUD. The Planning Commission recom- mended denial of the Planned Unit Development permit which included the industrial-mobile home park, but in the event it was approved by the Council, PD District zoning should be allowed. The Council rejected the plan and concluded that ID (Industrial Development and Administration) District zoning would be proper, allowing the applicant to come in with a Conditional Use Permit application for mobile home park or industrial use. The zoning was referred back to the Planning Commission, which concurred with ID zoning. The matter is now before the Council to approve the ID zoning; the next step will be to file a CUP for a possible plan including a mobile home park, industrial complex located at the intersection of Isabel Avenue and Highway 580. About half of the property is proposed to be developed as a mobile home park of 350 spaces. The remainder will be an in- dustrial tract. (Rezoning to PD Dist.-Associated Professions) Mayor Taylor stated the Council's consideration at this time should be on the ID zoning, and to give the applicant an indica- tion whether any type of residential will be considered. The Council may zone the area "ID", "PD" or leave it as agricultural. Mr. Musso pointed out that if the Council should decide to zone it "PD" District, it would be necessary to have a precise plan to be adopted by ordinance. Councilman Silva inquired if "ID" zoning is assigned the area and a CUP is then requested, could the parkway be required. The City Attorney advised that certain conditions that are necessary for the actual operation of the use can be included as conditions of the CUP. He would need more time to study whether the park- way could be so considered. John Barker, Associated Professions, said the applicant's goal is to achieve the land use indicated on the proposed map. During previous discussions various numbers of mobile home spaces had been discussed but indicated as less than the 800 included on their original proposal. They had agreed to the establishment of a trailway through the property, and proceeded according to what they felt had been the previous direction of the Council. Mayor Taylor felt the first issue to discuss was whether or not residential would be allowed in the area. The Planning staff had felt that the best use of the area was industrial due to the location of the airport. Sue Walker, 1257 Higuera ct., referred to previous rezoning of land east of the old Livermore airport which had allowed two- story development. She had bought a home there with the under- standing that the airport would be moved shortly, but it was ten years before it took place. During this time they had experienced noise and problems from the airplanes landing at the old airport. She felt a large agricultural buffer should be kept around the airport to protect residential development and urged the City Council not to make the same error twice. Mr. Lee said that from a noise standpoint, industrial would be compatible for the area around the airport, however Councilman Miller felt the Council should consider a zero number of mobile home units in this area. Councilman Silva stated that the only reason for increasing his approval from 178 units to 350 would be the improved industrial park included on the plan. This improved 50-acre industrial park would aid in attracting industry to the area. He would overlook CM-24=-99 May 3, 1971 (Rezoning to PD District- Associated Professions) the 350 mobile home sites in order to have the in- dustrial park area. Further, he would like to see the state purchase the right-of-way for the inter- change before development. Improvements should be completed on both the mobile home park site and the industrial park at the same time. Mr. Musso stated that approximately 206 mobile home spaces would be deleted when the interchange is constructed. Councilman Beebe said he was in favor of the industrial park, and thought the street work improvements should be done simultaneously. units will be decreased upon construction of felt they would really be approving only 144 development of the and other public works Since the number of the interchange, he units. Mayor Taylor discussed a residential development so widely separated from the rest of the City which might present problems. In gen- eral, he opposed the residential use in the area as bad planning. Councilman Miller commented that the prospect of this mobile home park being used in the future as an industrial area is slight due to the high return on the mObil,e ~e park'~Tk . i7,3sofC/ Oy(/ ~ ~'CL-Je . Councilman Silva made a motipn that the conc~~~ of the plan which contains a minimum of 52.8 a'fres for industrial, 21 acres for pub- lic park, and the balance of 44.8 acres for mobile home park at 8 d.u./acre, including the channel of 8.4 acres be approved; and approval include the conditions that public works improvements for the industrial park must be done before the mobile home park is occupied; prior to development the state shall be requested to pur- chase the interchange, which portion would be deducted from the mobile home site; that an air easement be obtained and that if a CUP is granted that it be limited to fifteen years. The motion was seconded by Councilman Pritchard. Bill Bennett of the Airport Advisory Committee reported they had concurred in the industrial use in this area but were concerned about the mobile home park development due to proximity to the airport. He stressed the future contribution of the airport not only to Livermore but to the whole Valley. In this regard, Mayor Taylor asked if the owner of the land could grant an air easement to the City, indemnifying the City in the future, which would hold the City harmless to complaints by the homeowners. Mr. Lewis explained it would not indemnify the City in that sense, and explained the traditional terms of an air easement. Dave Killiany, 888 Curlew Road, representative of' the Livermore Civic Improvement Association, asked what became of the mobile home ordinance, and Mr. Musso advised that it was to be set for a public hearing before the City Council. Mr. Killiany then asked how they could approve a mobile home park before the ordi- nance is adopted, and Mayor Taylor advised that the motion is a general one and the map would not be acted upon until later; it was further indicated that the ordinance would not refer in any way to the specific areas where they may be allowed. Jim Day, 745 Cardinal Drive, cautioned the Council that the School District cannot service any children in that area and that is an official statement from the administrative staff at the School District. Personally, he did not understand how residential de- velopment could be considered in that type remote location for all the services; also why should there be residential develop- ment as a condition of obtaining industrial park land. Clarence Hoenig, 588 Tyler Ave., recalled prior hearings and the concern of the Council that there were no industrial plans for CM-24-100 May 3, 1971 this area; it was his understanding the Council had directed the staff to develop a plan. He felt the Council was considering the proposal solely on the basis of the industrial park, which he agreed was tempting, and thought this would set a precedent for an industrial park in the future. It would be deceiving to allow people to move into this area if, indeed, the State will be acquiring this land at some point in time for a freeway. He felt this was the wrong place for a mobile home park, and if there are to be mobile homes in the community, they should be better located. (Rezoning to PD District - Assoc. Professions) Ken Johnson, 556 Bristol Court, agreed with the previous two speakers and felt that the industrial park was merely a bribe. Also, he was reading of developers purchasing land near freeways, developing it as cheaply as possible and selling it back to the state at a highly inflated value and asked the developer if their company had purchased freeway property elsewhere in the state and resold it to the state. Mayor Taylor did not feel that question was pertinent to the application and suggested Mr. Johnson question the developer after the meeting. Lorraine Raiason, 5244 Kathy Way, commented on the air show which had been held the day before, and stated there were people from allover who commented very favorably about the airport, and asked that the Council not crowd the airport. Thomas Raiason, 5244 Kathy Way, stated his opposition to mobile homes in this area and questioned the need for more mobile homes, especially in this area because of the noise, plus no school facilities and the distance from public utilities. Mrs. Demetra Wilson, 737 So. M Street, as a future School Board member, stated she was very opposed to the idea of more mobile homes in Livermore, as they do not provide proper taxes for the schools and felt this was leapfrog development and was certainly not proper adjacent to an industrial park area. Fred DeMoney, 1114 Innsbruck st., speaking as a member of the Sunset East Home Owners' Association, stated that on this issue they would have to take the position of opposing the mobile home park. The staff reports point to ID without mobile homes. He, personally, viewed a mobile home as a form of housing and felt they should be given same degree of treatment and preference of location as normal conventional residential. The question should be, then, if residential should be located in that area, and the Council should look at it from that point of view and not approve the motion. Robert Allen, 223 Donner Avenue, stated there would be consider- able tax revenue from industrial land even before industry lo- cated in the area, to more than support the few children who might be in the area. He favored a property owner deciding what he wants done with his property. John Barker appealed personally with regard to action that might be taken this evening rather than delay decision on the map, plan and PD application before them. He stated they found no quarrel with the 15-year limitation, the mobile home ordinance draft of December 29; there are good, sound engineering consider- ations covering the project, and if the Council felt free to approve the application, in concept, his request was that they also approve the map so they could proceed as they have been many months in this process and time is expensive. CM-24-101 May 3, 1971 (Rezoning to PD District- Associated Professions) Mayor Taylor stated the Council has never voted on whether or not to have mobile homes in the area, and considering the public interest, felt they should take that much time. However, he did feel the Council needed more time to study the details of the application. Councilman Miller stated he would like to review the comments already made and began by saying the City has opposed for many years the mixture of industrial and residential uses as most in- dustrial developers do not like residences adjacent to them - each is a detriment to the other. With regard to the airport, the present standards do not specifically prohibit residential, but indications are that the standards on noise will become more restrictive, which to him would rule out residential of any kind in that area. Most important, they cannot locate a school there and even the School District has opposed the use of residential; another thing it would be a leapfrog development; also, it would be irresponsible of the Council to create high value zoning the taxpayers would have to pay for when the state builds the freeway. He felt any of the above points was sufficient to turn down any application for residential in this area, and this is also the reason the Council rezoned this property from residential to A-20 several years ago as residential zoning had been designated for the area before the airport was moved. He felt the real push was for the trailer court and the real theory is that one zones for the public interest and not for the highest profit to the land- owner. In a democracy the public should have some voice in what happens to their City, and there has been almost total public op- position to this proposal and it has been opposed by the staff. In his opinion, this action of the Council is a callous disregard of the taxpayers because of the tax inequities having to do with mobile homes. Councilman Beebe asked Mr. Barker if this was a 5-star adult park to which he replied that it was. He also questioned the accusa- tion with regard to the value of the land, however Mr. Barker stated he was not qualified to answer that question. Councilman Silva asked if a letter could be directed to the State in this re- gard requesting that the state proceed to purchase the intended right-of-way. Mayor Taylor stated that they had debated all sides of the issue and he had no doubt that however each man acted here, in his judgment, is to the best interest of the City, and asked for a roll call vote on the motion before the Council, which passed by the following: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor Mayor Taylor stated this was only an approval in principle and felt they had several items to discuss with regard to the map before it can be approved. A motion was made by Councilman Silva, seconded by Councilman Pritchard to continue the matter to May 17, and refer the plan to the Planning Commission for their comments, and passed un- animously. REZONING NE CORNER EAST & HILLCREST AVE. (Belz,Lincoln, Seligson & Newport Co.) * * * A rezoning application has been submitted by Arthur Belz, Lincoln Lumber Company, Robert Selig- son and Newport Company to rezone the northeast corner of East and Hillcrest Avenues from RL-6 District to Districts provided by the Zoning Ordinance. On motion of Councilman Silva, seconded by Councilman Pritchard, and by unanimous vote, this matter was set for hearing on May 24. CM-24-102 May 3, 1971 The City Council previously passed a motion de- claring their intent to allow a mobile home park on the subject property subject to ap- proval of a site plan. The Planning Director explained that the Planning Commission recom- mended approval of the subject site plan sub- ject to the conditions indicated on the staff report. The issue which the Planning Commission did not resolve centers around the dedication of park land. Mr. Musso indicated on the site plan the proposed location, which would be a continuation of a parkway ex- tending from the proposed park near Scenic Avenue south along the PG&E right-of-way and then along the freeway right-of-way to serve as a buffer and to connect to the neighborhood shopping center. This is a part of the proposed parkway system. The de- veloper has proposed, in conformance with this parkway plan, in- clusion of this land as a part of the parkway; the issue is whether or not it should be accepted as a part of the park dedication. In order to establish this procedure the Planning Commission has recommended that the matter be referred to LARPD to see if this would qualify as a neighborhood park. SITE PLAN FOR CUP- BLUEBELL DRIVE & US 580 (Associated Professions) Mayor Taylor felt this matter should be continued in order to receive a decision from LARPD as to whether they would accept this area as a park and Councilman Silva said that the easement for access to Las Flores should be on record before proceeding with the plan. Councilman Beebe stated he would want to add conditions regarding the type of park which would be allowed. He wished to see strict requirements included such as those for a "five-star" park, and referred to Mission Bay Mobilehome Park in San Leandro. San Leandro had asked the operators for an operating code, including conditions that no one under eighteen will be accepted, which was a part of the permit. The City Attorney was asked to review the code. David Madis, attorney representing the applicant, said there is a ten-foot utility easement along the back edge of the property. He would ask the Council, upon approval of the map, to condmen the access including the end of the park trail system so that it connects through to Las Flores, and that the Council also approve the condemnation of the proposed collector street in the event problems with the present land owner cannot be resolved. The City Attorney stated it has been the policy, and in fact may be a part of the annexation agreement for this area, that ease- ments and rights-of-way needed for proper access to property are to be provided and the City's power of condemnation may be exer- cised by the developer. Ron Countryman of Intermark Investing said that due to the access problem they were trying to get enough specifics so that they might proceed with easements. Councilman Miller made a motion, seconded by Councilman Silva, to continue this matter until May 24 and it was approved unanimously. * * * The Planning Director explained that the re- zoning of the property on the south side of Linden Street, 50 feet east of North PSt., was approved by the Council and referred back to the Planning Commission for review and comment. The Commission reaffirmed their original recommendation, and the Council may now adopt an ordinance. REVIEW OF REZONING APHLICATION SO. SIDE LINDEN ST. (Davis) (Ordinance Introduction) Councilman Silva referred to some statements in the report from the Planning Director to the Commission in regard to definition CM-24-103 May 3, 1971 (Rezoning Application- Davis) of llnew" duplexes and "spot zoning", and his dis- cussion regarding difficulty in denying similar rezonings on adjacent properties. The City Attorney said it would be difficult to deny a rezoning application on either side of the subject proper- ty for a duplex. The Council discussed the problem of setting precedent. Mr. Lewis said if the general pattern of the neighborhood is fixed at residential and the Council desired to hold it for res- idential, there would be merit in this position; but in a case where this had not occurred and the property was developing on all sides as RM or RG it would be difficult to say a property in the middle could not be rezoned. There would have to be some geographical boundary indicating reasonable lines for develop~ent. Mayor Taylor felt there should be a geographical line which would indicate zoning boundaries, and this was a problem they should be aware of. Councilman Silva made a motion, seconded by Councilman Pritchard, to introduce a zoning ordinance amendment to reflect the rezoning of the subject property from RL-5-0 to RM District, and to waive the first reading (title read only). Councilman Miller stated he had received a call from a resident of this area of town who was quite concerned over approval of this application for duplexes. The resident said many of the property owners in this area had been fighting multiple zoning for fifteen years and felt continued rezoning would eventually drive the single family owners out of the area. The Council discussed rezoning in the area with particular refer- ence to the vacant lots. Councilman Miller stated "spot zoning" for duplexes in this area had been stopped in 1967 but this would reopen this problem and each rezoning would serve as justifica- tion for the next. Mayor Taylor agreed this was a clear possibility. If the Council is going to allow rezoning, a survey should be made of the area and the number of people determined so that possible park and school provisions can be made. The motion for rezoning and introduction of the ordinance was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * REPORT RE POLICE MEMORIAL DAY Councilman Pritchard made a motion, seconded by Councilman Miller, and approved unanimously, to modify the City flag policy to permit an annual observance of Police Memorial Day on May 15. * * * REPORT RE IN- SERVICE TRAINING PAYMENT A claim has been made by the Police Department for time spent by personnel for in-service training prior to assigned shift duty between April 1 and December 7, 1970. On this date the present in-service training procedure was put into effect. It is recommended that the claim be rejected as the former process could be considered as a part of their job performance. A motion was made by Councilman Miller, seconded by Councilman Silva, to reject this claim, and approved unanimously. CM-24-104 Councilman Miller said he had requested dis- cussion of the communication from BART be included on the agenda in hope that the Council would adopt a resolution similar to the City of Lafayette in opposition to BART's advertising policy. After discussion the Council decided to take no action on this matter. * * * CONSENT CALENDAR A communication has been received from W. G. Funk suggesting the possible use of rubber rail crossings which have been developed. The staff was requested to explore this possi- bility with the railroads and the PUC. * * * A communication addressed to the District Attor- ney by Roscoe I. Brown and Mr. Musso's reply in regard to the City's sign ordinance were noted by the Council. * * * A communication was received from the Housing Authority regarding the Annual Contributions Contract and stating the amount of in-lieu taxes and probable taxes if property were privately owned. * * * Application for exempt business licenses were received from the following: May 3, 1971 COMMUNICATION RE BART ADVERTISING POLICY Communication re RR Crossings Communication re Sign Ordinance Communication - Housing Authority Exempt Business Licenses Livermore Barbarees - various fund raising activities during the year Livermore Aquacowboys - Aquathon on May 26 and solicitation of funds for swim team Kiwanis Club - pancake breakfast June 12 * * * One hundred twenty-two claims in the amount of Payroll & Claims $52)846.99 and two hundred thirty payroll war- rants in the amount of $79,561!57, dated April 28, 1971, were ordered paid as approved by the City Manager. Councilman Silva abstained from voting on Warrant No. 10460 for his usual reason. * * * On motion of Councilman Miller, seconded by Councilman Silva, the Consent Calendar was approved unanimously. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, the ordinance to adopt the Municipal Code amendment regarding the Busi- ness License sections was introduced and the Approval of Consent Calendar PROPOSED ORDINANCE RE BUSINESS LICENSE SECTIONS CM-24-105 May 3, 1971 (Business License Ordinance) MATTERS INITIATED BY STAFF (BART) AB 1032 MATTERS INITIATED BY COUNCILMEN (Policy re Appointments) (Mobilehome Connection Fee) ( Police Department) first reading waived (title read only), by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * The City Manager advised that the Senate Com- mittee on Public Utilities voted 6-1 to pass the BART bill regarding extension of service to the Valley. * * * The City Attorney advised that AB 1032 re school land dedication would be heard on May 11 in com- mittee. * * * Councilman Pritchard referred to policy regarding appointments, and felt the Council should discuss whether they want to consider people outside the City for appointments. The Council decided to include this on the agenda for the 17th. * * * Councilman Pritchard restated his opposition to the City airport becoming a regional one. Also, he felt that the staff could investigate the feas- ibility of a mobile home connection fee. Some method for assessing fees should be determined. * * * Mayor Taylor referred to the article in the news- paper regarding harrassment by members of the Police Department. He wished to make it clear that any abuses will not be tolerated, but he was satisfied that the cases which are called to attention of the City are investigated diligently by the City Manager and Police Chi ef . Mr. Parness stated that in the instances where he had investigated a complaint he had found the uniformed officer had acted in the right. (Presentation) ADJOURNMENT CM-24-106 * * * Mayor Taylor presented a plaque to former Mayor Silva and expressed the Council's appreciation for the work he had done on behalf of the City and Council. * * * There being no further business to come before the Council, the meeting was adjourned at 1:25 a.m. * * ,~ S APPROVE ATTEST Regular Meeting of May 10, 1971 A regular meeting of the City Council was held on May 10, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Silva, Miller and Mayor ROLL CALL Taylor ABSENT: Councilmen Beebe and Pritchard (excused to attend Mayors' and Councilmens' Legislative Institute) * * * On motion of Councilman Silva, seconded by Councilman Miller, the minutes of the meeting of May 3 were approved unanimously as amended. * * * MINUTES Val Yoakum,3832 Dartmouth Street, requested again that the City appoint a citizens' com- mittee to study the financial aspect of taxa- tion on mobile homes. According to the Planning staff, applications will be made for 3,000 units and there are already 6.2% mobile home units of the total units in the City now. The tax burden is increasing and this matter should be studied soon. OPEN FORUM (Taxation on Mobile Homes) Mayor Taylor said that action in this regard would have to be con- tinued until a full Council was present for discussion. Councilman Miller advised that a study of taxation of mobile homes and their effect on communities is presently being undertaken by the League of California Cities and the County Supervisors Association. * * * An informal public hearing was set to consider the Planning Commission's proposal to change the name of Olivina Avenue to Chestnut Street in order to provide a continuous street name. The street is presently named Chestnut to the east and Olivina Avenue to the west of "p" Street. PUBLIC HEARING RE STREET NAME CHANGE (Olivina Ave. to Chestnut Street) A petition with signatures representing 58 of the 73 residences protesting the name change has been filed, and letters were re- ceived from James G. and Helen B. Moore, 1212 Olivina, Bethany Baptist Church and Blanche Dunaway. Robert Allen, 223 Donner Avenue, stated he would like to see the street names remain as they are at present and could see no rea- son to make the change. Councilman Silva made a motion, seconded by Councilman Miller, to close the public hearing, and it was approved unanimously. Councilman Silva made a motion to leave the names of Chestnut Street and Olivina Avenue as they are at present; motion seconded by Councilman Miller and approved unanimously. * * * CONSENT CALENDAR A report was submitted by the Public Works Di- rector in regard to the Water Reclamation Plant expansion. The design has been completed by the engineering firm and application has been Report re Water Reclamation Plant Expansion CM-24-107 May 10, 1971 (Water Reclamation Plant) Report re Traffic Complaints Report re Claim for Damages (Jennings) Communication Fraternal Order of Eagles Minutes of Beautification Committee Approval of Consent Calendar REQUEST FOR CITY PARTICI- PATION IN ADVERTISEMENT ( CAPE) made for inclusion on the project list for the Fiscal Year 1971-72 for Federal Grants and state Grants from the 1970 Clean Water Bond Fund. * * * A report has been prepared by the Public Works Director regarding traffic problems and complaints. The Division of Highways has indicated the speed on East First Street near Trevarno Road will be reduced to 50 miles per hour. Pavement markers are also to be installed by the State on Holmes st. at Concannon Blvd. and the intersection of Holmes St. and Catalina Drive. * * * The City Attorney submitted a report advising that a claim for damages in the amount of $13,000 has been filed alleging assault and battery, false arrest, etc. by Patrick V. Jennings. It is re- commended that the claim be denied and referred to the appropriate insurance company. * * * A communication was received from the Livermore Aerie of the Fraternal Order of Eagles expressing appreciation for the exempt business license granted for their Spring Festival. * * * The minutes of the Beautification Committee meeting of April 15 were acknowledged. * * * On motion of Councilman Miller, seconded by Coun- cilman Silva, and by unanimous approval, the items on the Consent Calendar were approved. * * * The Community Association for Preschool Education is joining with other head-start schools in Southern Alameda County in the preparation of a yearbook. The local school has requested that the City of Livermore participate in this project by purchase of a full page advertisement for a cost of $50.00. Councilman Silva made a motion to deny this request for funds; he stated that CAPE is a very worthwhile project but that the City can- not participate in requests from all other organizations and grant- ing of this request would set a precedent. Councilman Miller se- conded the motion and expressed his feeling that although this is an outstanding program, taxpayers' money cannot be used in this way. The motion was passed unanimously, and the staff was requested to address a letter to CAPE expressing the fact that the Council does endorse their organization but explaining that the City cannot par- ticipate. REPORT RE BUS DEPOT STATUS * * * The City Manager explained that he had been in contact with the Greyhound Bus Lines and the PUC in regard to the status of the local bus depot and its lack of facilities. Greyhound has expressed their position that it is not economically feasible to provide the facilities CM-24-108 requested due to the low carrier operation. They would be willing to move if other facil- ities were available and if the City did not place heavy requirements upon them. May 10, 1971 (Bus Depot Status) The staff was requested to advise the bus lines if a suitable location becomes available. Councilman Silva also inquired about the possible installation of a pay phone at the present bus depot location, and asked that the staff contact the telephone company in this regard. * * * The Chief of Police has recommended that Offi- cer Wicksten be granted permission to accept an appointment as the Northern California re- presentative to the Association of Credit Card Investigators and to attend the 1971 Training Conference to be held in Denver, Colorado, and that $347.00 be allocated to cover his expenses. REPORT RE POLICE PARTICIPATION IN NATL. ASSOC. OF CREDIT CARD INVESTIGATORS Councilman Silva made a motion, seconded by Mayor Taylor, to approve the recommendation and it was approved unanimously. * * * The City Manager stated he was pleased to re- port that a proposed lease has been prepared and negotiated with an intended tenant for the restaurant and lounge at the Las Positas Club- house. At the time the clubhouse was built, provision was made only for "shellfl quarters. During the last four years meetings have been held with about four dozen pros- pective tenants representing the full spectrum of types of food service; most had expressed a hesitancy due to the cost of out- fitting the structure. REPORT RE RESTAURANT LEASE-LAS POSITAS CLUBHOUSE The prospective tenant is the Berkeley Science Capital Corporation, which is an investment oriented organization. They have retained management for the venture who are well qualified. The lease which has been prepared is attractive to both the City and restau- rant operator; it does provide an incentive during the early years of operation, and as business increases the rent will increase, as it is based on a percentage of the gross. Mr. Parness stated he felt the proposed operation would be a quality one, and the installation would be a prideful addition to private enterprise in the City. Mr. Michael Casey, representing the prospective tenant, was present at the meeting and would answer any questions. Councilman Silva inquired about the estimated cost of $30,000 for capital improvements as he thought previous estimates had been much higher. Mr. Parness stated that other estimates had ranged up to as much as $250,000. However, due to the type of operation proposed the cost of the capital improvements has been estimated at this cost. Mayor Taylor inquired about the return to the City. Mr. Parness explained that the minimum rental to the City would be $850 per month. The $30,000 will be expended to provide a main entrance, service entry, air conditioning and permanent internal fixtures. The City Attorney advised that the existing snack bar operator has a five-year lease for approximately 2,000 sq. ft. of space on the lower floor. In the lease is a provision that if the City re- ceives an offer for leasing the second floor, which includes an offer to operate the snack bar location, then the present operation has the opportunity to make a like offer. The present operator CM-24-109 May 10, 1971 (Restaurant- Clubhouse) then has thirty days in which to make such an offer; if he does not make an offer, he has six months from the time of the second tenant's occupancy to terminate his business. The second operator would then have the opportunity to acquire the present operator's equip- ment. If the Council approves this lease for the second floor op- eration, the operator of the snack bar will be given formal notice. Councilman Silva asked how the City would be protected if the pro- posed operation is not satisfactory. Mr. Lewis stated that the City can insist that the operation be first class and the food and beverages be of the same high standard of other comparable businesses in the community. There would be recourse through Court procedures to insure satisfactory operation. Mr. Casey, president of Berkeley Science Capital Corporation, re- lated some background regarding his company and their decision to back this operation in Livermore. He generally explained the pro- posed method of operation and stated that this was hopefully only the first of several such ventures. The motif will be built around the theme of the airport, and the architect for this operation is well qualified and capable of creating an exciting, unusual atmos- phere. Upon question from Councilman Miller, Mr. Casey estimated that the operation will gross $250,000 at a minimum with $500,000 by the third year. The rate of return will run from a low of 10% to 15% or more on sales. Mr. Casey introduced Mr. Dave Kamrar, the prospective operator of the restaurant. Mr. Kamrar stated he planned to employ college age help, which seemed to fit into this type of operation. Councilman Silva made a motion, seconded by Councilman Miller, ex- pressing the intention to enter into this proposed lease and to provide for such execution after the expiration of thirty days, but no more than 45 days; and to authorize the City Attorney to give notice to the present snack bar operator in accordance with his lease provisions; and to authorize the expenditure of the funds ($30,000) for capital improvements necessary for the proposed lease agreement. Robert Allen, 223 Donner Avenue, inquired about the signing for the venture. Mayor Taylor stated that the lease provides that any signing will be in accordance with the City's ordinance. Mr. Casey said they were aware of the stringent provisions of the sign ordi- nance, and hopefully, they would be able to place a sign to attract highway traffic. Jack Douglas, 1610 De Soto Way, present operator of the snack bar, felt the prospective operators should be required to present plans and specifications before the lease is considered in order that he would be able to see what he was bidding against. The City Attorney advised that the procedure involves a descrip- tion by the prospective operator of the proposed decor; the lease provides as a condition that before construction starts the oper- ator will provide plans and specifications for any improvements which will be installed, subject to the approval of the City. They will have to put in plumbing cases and wiring and a number of things necessary for the building to serve as a restaurant. The City has these items listed to the extent of its commitment of $30,000; if after the entrance way, service entry and air con- ditioning, there is anything left over, the City will put in the cases and some of the wiring to the extent of $30,000, which is our only commitment. Mr. Parness explained that Mr. Douglas' suggestion is not practicable at all; this company has negotiated a lease in its proposed form CM-24-110 May 10, 1971 and they have in mind a certain type of designed (Restaurant- theme. It is conceivable that their plans might Clubhouse) differ from what Mr. Douglas has in mind. The only thing before the Council for approval is the minimal capital expenditure they must make; that is all that can be laid before the present holder of the lease, Mr. Douglas, and Mr. Douglas has thirty days to answer with a proposal of his own. Mr. Douglas said he did not see how the City could proceed until they have some plans as Mr. Parness had always stated it should be a first class dinner house. He did not feel a first class dinner house would go, and that is the reason he has not come in with a proposal. Mayor Taylor mentioned that the terms of the lease with Mr. Douglas are very clear, and that he has thirty days time in which to come up with a counter proposal. In answer to a question Mr. Lewis explained that the lease they have is one that has been worked out over the years by the public lessors of land to people who are operating restaurants, speci- fically Jack London Square, Berkeley and San Leandro, and these public agencies have had some experience in this sort of lessor's public area and have found this type lease acceptable. Mr. Lewis further commented that the terms of the City's lease with Mr. Douglas are that we do not make an offer to him until we have a proposal that is acceptable to the City, which is deemed to mean the City Council. Then notice will be given to him to put into effect the 30-day notice period as stated in his lease. The terms of the lease state Mr. Douglas has 30 days to accept or reject the proposal, and if it is not accepted within 30 days, it is deemed as being rejected. Tom Murphy, owner of Don Pepe's Broiler in Livermore, said it is common in the food industry to furnish renderings and drawings showing what is planned for decor and furnishings. He stated he did not feel the City should become involved in a restaurant at the golf course as the City is not ready to support a first class restaurant there. Mayor Taylor felt the City could not afford to pass up this offer with a return for five years and the risk almost entirely taken by the operator. Councilman Miller said the City had been critized for some time for not obtaining a lessee for the second floor of the golf course building. The cost of adding the second floor was very small in_. ; compariso:;,~-t:o . th.c..e,!<?tal cost of th~ bUi,lding ....'~ ,.no/'Yo"~~WI'-,,/-~f~~/' '11IfT'" 1....:-1...,;...r;...-....fIY'./' ,">..-t'-'-.~_...v~ //" .'/"'.? i/t.tt(',I', (I" ,( l''(J:,;;,I~* ';;)/Ik., t The motion expressing the intention to ~nter into the proposed ~z;0J~ lease was passed by the following vote: ~ AYES: NOES: ABSENT: Councilmen Silva, Miller and Mayor Taylor None Councilmen Beebe and Pritchard * * * //~-- A rezoning application has been submitted by H.J. Callaghan to rezone a site located south- easterly of the intersection of Maple Street, East Avenue and Seventh Street from RL-5-0 to RM District. Councilman Silva made a motion, seconded by Councilman Miller, and approved unanimously, to set this matter for public hearing on Jure 7. REZONING SE CORNER MAPLE ST., EAST AVE. & 7th ST. (Callaghan) * * * CM-24-111 May 10, 1971 COUNCIL REFERRAL RE RESTRICTIONS FOR CLOCKS, THERMOMETERS, The Planning Commission considered the City Council referral regarding possible revised regulations in the Zoning Ordinance concerning clocks, thermome- ters, etc. It is the recommendation of the Planning Commission that these structures be regulated through Design Review procedure rather than adopting an ordinance. Councilman Miller stated that clocks, thermometers, etc. are, in fact, signs and should be so considered; if they are freestanding structures with the shapes and appearance of signs, they should be handled through a CUP. He requested that this matter be con- tinued until a full Council was present to discuss this matter. The Planning Director stated the Commission also discussed a maxi- mum size beyond which they would be considered a sign. In most ordinances these structures are not considered signs. Mayor Taylor felt this item should be continued until a specific proposal is made for handling the matter. Councilman Silva made a motion to accept the Planning Commission's recommendation, but the motion failed due to lack of a second. Councilman Miller made a motion to table this matter until a full Council is present, seconded by Mayor Taylor. The motion passed by the following vote: AYES: NOES: ABSENT: Councilman Miller and Mayor Taylor Councilman Silva Councilmen Beebe and Pritchard PLANNING COMMISSION SUMMARY PC Minutes MATTERS INITIATED BY STAFF (Council Agenda) * * * The summary of action taken at the May 4th meet- ing of the Planning Commission was noted. * * * The full minutes of the Planning Commission meet- ing of April 20 were noted. * * * The Planning Director stated it had been discussed with the City Clerk that she be allowed to set dates for rezoning application hearings without it being included on the Council's agenda for such action. Councilman Miller said he wished to see the material such as the staff report and minutes before time for the public hearing so that he might be advised of the content of the application. Mayor Taylor suggested that this be placed on the agenda for reso- lution at a later date. * * * (Lawsuit) The City Attorney advised that a pending lawsuit involving Pacific Mechanical Corporation for extra work involved in the construction of the secondary sedimentation tank at the sewer plant had been resolved as the City has received notification of a judgment in favor of the City. (Authorize Use of Seal) CM-24-112 * * * The City Manager stated that a letter had been re- ceived from the Livermore Valley School of Voca- tional Nursing which will have its first graduation May 10, 1971 in June. The graduates will be presented with (Use of Seal) a commemorative pin, and the students have ex- pressed a desire to adopt the Livermore City seal as the design of the pin. They have requested authority to use the seal. Councilman Miller made a motion, seconded by Councilman Silva, to authorize the use of the seal by this group, and it was approved unanimously. * * * The City Manager stated that the groups using the structure on the Civic Center site have ex- pended all of their available funds on the im- provement of the structure, but they must have sanitary facilities provided. Sewer Line Extension (Civic Center Barn Renovation) It has been proposed that the present sewer line be extended to the edge of the property. This extension will be necessitated at some time in the future for development of the area, and will cost approximately $1200 to $1300. Councilman Silva felt this should be included on next week's agenda as a formal request, and he requested that the report include who would normally be required to pay for this exten- sion if development did proceed. * * * Councilman Miller wished to have it verified that Mr. Struthers had met the conditions re- quiring him to plant 2-inch caliber trees at his offices within the time limit imposed. MATTERS INITIATED BY COUNCIL (Street Trees) * * * Councilman Miller stated that LARPD has discussed (LARPD Master Plan) their Master Plan and since it is related to our General Plan, he felt the staff should review it and comment to the Planning Commission and the Council. In parti- cular, he felt such things as park standards should be reviewed. Mr. Musso said he had checked and it had not been typed as yet, but would be included on the Commission agenda as soon as possible. Councilman Miller made a motion to refer LARPD's Master Plan to the Planning Commission as soon as it is received from the Re- creation District; motion was seconded by Councilman Silva, and approved unanimously. * * * Councilman Miller stated that approximately (Police Reserve) 1100 hours in the past quarter had been contri- buted to the City by our Police Reserves without pay. He felt their effort on their part should be recognized by the City and a letter of commendation should be sent to these officers. Councilman Miller made a motion to this effect, se- conded by Councilman Silva, and approved unanimously. * * * Mayor Taylor read a letter from the Mayor of Walnut Creek expressing appreciation for the help and services given by Mr. Lewis, the City Attorney, and the City of Livermore in their case regarding the parkland dedication ordinance. (Parkland Dedication) Mr. Lewis advised that it is possible that the case will be appealed to the Supreme Court, however not probable. CM-24-113 May 10, 1971 (AB 1301) Mayor Taylor stated that AB 1301 will be heard by the Committee on Zoning and Land Use Planning. This bill provides that county and city govern- ments can approve subdivisions only if they meet certain conditions. One of the findings is that the subdivision is not in the public interest or would cause environmental damage. After discussion, the Council agreed to put this item on the agenda for further consideration. The general feeling of the Council is that this bill should be supported by the City. * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. APPROVE ATTEST * * * Regular Meeting of May 17, 1971 A regular meeting of the City Council was held on May 17, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presiding. * * * ROLL CALL ABSENT: PRESENT: Councilmen Beebe, Pritchard, Miller and Mayor Taylor Councilman Silva * * * MINUTES On motion of Councilman Miller, seconded by Council- man Beebe, the minutes of the meeting of May 11, 1971, were approved unanimously as amended. * * * Kay Parra, 819 Brennan Way, stated that from her contact with low income people in Livermore she felt they would rather withdraw from SACEOA and start their own Community Action Program. She stated she had discussed this matter with Assemblyman Brown and the head of the State OEO, who had stated that if a separate pro- gram is initiated he would send a representative from the State to help in organization. Mrs. Parra requested that the Council consider withdrawing from SACEOA and establishment of a local program. OPEN FORUM (SACEOA) (Complaint re Police Dept) Mrs. Parra cited an instance on September 24, 1970, stating she and her family had experienced police brutality. Further, she said she was requesting an electric fence around her property as there had instances of theft from her automobiles and she felt not have police protection either. been several that she did CM-24-114 May 17, 1971 Mayor Taylor stated that the matter regarding the police action would be investigated. He also referred to participation in SACEOA and stated he did not know the particular proce- dure for withdrawing from the program, but suggested that Mrs. Parra circulate a petition or list of people interested in form- d ing a separate program.nnn thnnr 1'1hn h'1"(! '1 nn~pl 'Ii nt ne;ni nnt.,. ~-r.!>', 8..8r.r->:nA_; then this matter could be investigated further. After O<fil,'.:.It; further discussion Mayor Taylor asked that a report on the mechan- ics of withdrawing be submitted by the City Attorney. (Complaint re Police Dept.) Mayor Taylor said a report would be requested from the Police De- partment in regard to her charges and they would be discussed by the Council. The City Attorney advised that there is nothing to prohibit an electric fence so long as it is constructed in conformance with the zoning laws. It cannot be constructed in such a manner so that it becomes a public nuisance to a passerby or neighbor who might come into contact with it without intending to cause damage or harm to the property. * * * COUNCILMAN SILVA WAS SEATED AT THIS TIME. * * * Thomas Condran, news director at KYTE Stero, suggested that the Council meetings start earlier in the evening, and he wished to put this issue before the Council that the meeting begin one-half to one hour earlier. (Council Meeting Time) * * * The public hearing regarding Zoning Ordinance Amendments proposed for Section 5.00, Residen- tial District, relating to Accessory Uses, Min- imum Average Lot Width, Minimum Yards, Maximum Developable Floor Area, Floor Area, Computation re Density; and Section 20.00 General Provisions, was continued from the meeting of May 3 for fur- ther discussion. PUBLIC HEARING RE ZONING ORDINANCE AMENDMENT S EC. 5. 00 and 20.00 Mr. Musso, Planning Director, indicated the major issue is whether or not the floor area ratio in the RS District zone should be in- creased. It also involves regulations regarding accessory build- ings and structures; certain terms have been defined also. The Planning Commission considered several alternatives as to the allowance and computation of floor area ratio (ratio of floor area to lot area). One point considered was to give credit for a de- tached garage in order to encourage detached garages. The amend- ment would allow 25% first development, with 10% additional or a total of 35% ultimate development. Jack Phillips, 551 No. P Street, said he objected to Item 5.43 (b), which states 25% floor area. He requested this be changed to 25% coverage. A motion was made by Councilman Silva, seconded by Councilman Beebe, to close the public hearing, and approved unanimously. Mayor Taylor asked about the provision in 5.42 C, requiring that one sideyard be graded and maintained in a manner that will not preclude vehicular access to the rear yard. After discussion Mayor Taylor felt that the word "permanent" should be inserted before vehicular as trees, etc. should be permitted but not per- manent structures. It was decided not to change the wording. CM-24-ll5 May 17, 1971 Councilman Silva referred to Item 5.32 - Average Width; he questioned why long narrow lots should be prohibited. It was pointed out that a problem such as the one on Buena Vista might arise and variances would be requested for construction and subdivision of the very long narrow lots. Councilman Silva felt this would prevent a property owner from buying an adjoining lot for addition to his property and adding to his open space, as he had done at his residence recently. Mayor Taylor felt this pro- vision would affect new subdivisions 90% of the time, and any un- usual cases could be taken care of through variance. (Public Hearing-ZO Amendment) Councilman Beebe asked for clarification of Item 5.43 - Maximum Developable Floor Area. Councilman Silva pointed out that several years before the Planning Commission was divided as to whether the provision should be for 30% of site coverage or 25% floor area. The Council at that time accepted the 25% floor area coverage, how- ever he felt the main consideration should be in regard to side yards, front yards and rear yards; the percentage of coverage is immaterial as long as these setbacks are maintained. Councilman Silva cited the reasons he felt the 30% site coverage should be adopted; but in this connection he would increase the rear yard setbacks and make the front and rear yard setbacks flexible. Councilman Miller said the result of changing the 25% floor area coverage would be to have two-story houses on smaller lots than one-story houses with the same floor area; in effect, it would en- courage the building of two-story houses. He stated one of the arguments for having relatively small backyard setbacks was to allow developers flexibility in placing their houses. He felt open space could be maintained only by keeping the 25% floor area provisions. The present RS District zoning ordinance was adopted due to public pressure and testimony. The whole idea was to create usable open space according to the size of the house. Councilman Silva said the 25% floor area limit did not affect RS-3 District zoning as it does Rs-4. Twenty-five percent coverage on a 7,000 sq. ft. lot is a small home with 1450 sq. ft. of living space. Councilman Miller said the argument that small lots were necessary to have lower priced homes has not been the case; in fact, expen- sive houses have been built on the smaller lots. The only way to have a cheaper single family house is to decrease the square foot- age. The size of the house and property available should be pro- portioned. Councilman Silva said that the more moderately priced homes are built in the RL zones which allow more footage. Councilman Miller said that Kaufman & Broad homes are under RS zoning. Mayor Taylor felt a change to 30% site coverage was too large a change, but some credit should be given for the second story. He proposed that at least half the second story be credited in Rs-4; otherwise it was too much of a penalty for two-story homes. Councilman Pritchard said he was not prepared to make a decision, but felt Mayor Taylor's proposal sounded reasonable. He felt Councilman Silva's proposal regarding flexible yards might be sensible, too. Councilman Miller said he had computed many existing plans in this regard and felt that the floor area limit was better than site coverage as it did not discriminate but also did not favor two-story houses. Councilman Silva illustrated his proposal on the blackboard. CM-24-1l6 Mayor Taylor requested that the Planning Direc- tor furnish the new Councilmen with background material on the previous decisions and adoption of the RS ordinance. May 17, 1971 (Public Hearing- ZO Amendment) Councilman Miller made a motion to reopen the public hearing and to continue it until June 21;-the motion was seconded by Council- man Pritchard and approved by the following vote: AYES: NOES: Councilmen Pritchard, Miller and Mayor Taylor Councilmen Beebe and Silva * * * CONSENT CALENDAR The City Manager reported that the Department of Justice, Immigration and Naturalization Ser- vice wished to renew their annual lease for occupancy of aircraft parking space at our air- port for the 1971 fiscal year, and recommended that authorizing the execution of the lease be adopted. RESOLUTION NO. 52-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Department of Justice, Immigra- tion and Naturalization Service) * * * A communication was received from Senator Alan Cranston re federal revenue sharing and removed from the Consent Calendar for later discussion. * * * A letter of appreciation to our Landscape Design- er from Mr. Edwin Rundstrom, Superintendent of the Livermore School District was received, ad- vising that the landscaping plans for Granada High School have been approved by the School District Trustees. * * * Departmental reports were received from the following: Report re Lease (Border Patrol) a resolution COMMUNICATIONS (Revenue Sharing) (Landscaping Planning Services) Departmental Reports Airport - activity and financial - April Building Inspection - April Fire Department - April Fire Service Analysis Program - January through March Golf Course - April Municipal Court - March Police and Pound Departments - April Water Reclamation Plant - April * * * Exempt business license applications were ap- proved for the following: Livermore National Little League - various fund raising activities during the 1971 season Exempt Business Licenses Society of American Indians - fund raising activities and food and clothing collection CM-24-117 May 17, 1971 (Exempt Licenses) Livermore Independent Soccer Club - various fund raising activities during the season Latin Organization for Betterment - fund raising and solicitation to assist needy family * * * Payroll and Claims One hundred forty-eight claims in the amount of $83,969.40 and two hundred sixty-three payroll warrants in the amount of $81,291.31, dated May 13, 1971 were ordered paid as approved by the Director. Councilman Beebe abstained from voting on 10651 for his usual reason. Finance Warrant * * * Approval of Consent Calendar On motion of Councilman Beebe, seconded by Coun- cilman Miller, and by unanimous vote, the items on the Consent Calendar were approved. * * * APPEAL RE ZONING USE PERMIT FOR HOME OCCUPATION (Robt. Taylor) An appeal has been submitted by Robert Taylor, 4350 Cornell Way, regarding the denial by the Planning Director of a zoning use permit to operate a paint contracting business as a home occupation. The Planning Director stated that before approval of a home occupation notices are sent to residents and property owners within 300 feet of the subject property. In this case an unusual number of complaints were received and the request had been denied as he did not feel it qualified as a home occupation. Robert Taylor, the applicant, advised that he had obtained storage for his equipment in a building outside the City and all he was re- questing was the use of a telephone and to do book work in his home; the other items of complaint had been taken care of. Mr. Musso explained that if a legal place of business can be es- tablished other than the home, a home occupation permit is not re- quired. As far as the parking of a commercial vehicle, or truck, on the street or premises, he is able to do so as long as he has another place of business. If there is a permit issued for a home occupation, then certain rights are precluded such as parking of employees' cars and storage of trucks on the premises. Councilman Silva made a motion to table this matter, but there was no second. Mr. Taylor said that he had obtained the storage shed for his equip- ment, but wished to establish his home as his legal place of business. Councilman Pritchard made a motion to grant the Zoning Use Permit for this home occupation at 4350 Cornell Way, conditioned upon items 1 through 5 in the letter of denial from the Director of Planning, for a period of one year. Motion was seconded by Coun- cilman Silva. Councilman Miller questioned what procedure could be followed if the conditions of this permit are violated. Mr. Musso said this would require the filing of a complaint and then the Planning Com- mission would hold a hearing and investigation as to whether the permit should be revoked. The City Attorney said this would re- quire the presence of the complaining persons so the complaint would not be based on hearsay. The motion to approve the permit was approved unanimously. CM-24-118 May 17, 1971 Councilman Miller suggested that the staff send a letter to the residents who had complained, in- forming them of the conditions of the permit. (Home Occupation- Robt. Taylor) * * * An appeal has been submitted by Holiday Inn re- garding denial of a request for variance for allowance of sign not in conformance with the ordinance in respect to size, height, and text, and application for a Conditional Use Permit to allow a freestanding sign on a site located west of Las Flores, north of Interstate 580. PLANNING COMMISSION REPORTS (CUP and Variance Appeal re Sign, Holiday Inn) The Planning Director explained that the ordinance restricts the sign to 64 sq. ft. and the applicant desires to construct a larger sign. The County adopted a fairly restrictive sign ordinance which is now in effect regarding scenic highway located signs. The City's ordinance is not as strict as the County's; for instance, the County does not allow freestanding signs in proximity to the freeway, not over 50 sq. ft. in area and 100 sq. ft. in aggregate. It is the attitude of the Planning Commission at this time that the ordinance not be amended. Commissioner Nelson will be reporting to the Com- mission in this regard at the forthcoming meeting. The Commission has recommended in this case that the ordinance not be amended and the variance not be permitted. The applicant has a CUP for a sign, but the size is the issue in this instance. Mayor Taylor said he recalled that when this was before the Coun- cil previously, the Council discussed the possibility of a variance and then directed the Planning staff to restudy the ordinance in regard to highway oriented signs. The Commission had reconsidered the ordinance but did not wish to consider a change that would permit this particular sign; they did wish to continue the matter to consider Commissioner Nelson's proposal that the sign area be increased as distance from the freeway increases. Mayor Taylor said he personally believed that granting of a variance on grounds of economic hardship could not be Bone; however he sug- gested that this be continued until the Planning Commission has finished its study. It might be that the members of the Council should initiate and recommend some changes in the ordinance to be submitted to the Planning Commission. Mr. Musso stated that the Planning Commission's recommendation regarding possible change would be before the Council at the next meeting and then the Council could proceed. Councilman Pritchard asked if this would require a public hearing, and the City Attorney advised it would. Councilman Pritchard con- tinued that people identify with the Holiday Inn sign as it can be seen allover the country. He, personally, had seen these signs up to 2500 sq. ft. They are usually large enough to be able to see the sign in time to turn off a freeway and stated his feeling that the Holiday Inn should have a sign large enough to be seen. Councilman Pritchard made a motion, seconded by Councilman Beebe, to grant the variance to allow a sign 216 sq. ft. in area. Mayor Taylor pointed out that to grant this variance certain find- ings must be made such as: 1) the ordinance deprives the appli- cant of privileges enjoyed by other properties; 2) granting of the variance does not constitute the granting of special privilege; 3) not be detrimental to adjoining property. This means that the findings must be legally substantiated, and the variance would be, in effect, changing the ordinance. In his opinion, this would CM-24-119 May 17, 1971 (Sign Variance Holiday Inn) chan~e the mlnlmum on signs under the ordinance, and this was perhaps too drastic a change in size allowed. The ordinance should be changed in a systematic way rather than by granting this variance. The City Attorney advised that granting of this variance would not change the ordinance by definition, but it would vary from the strict terms of the ordinance. If a variance is granted in one situation and a comparable situation arises, this would be a con- sideration in a similar application. This would apply to any business which depends on attracting the public, or which might use identifiable signs or logos, and not just to a three-story motel like Holiday Inn. Councilman Beebe said he had had many comments about the size of the sign from people who felt a larger sign should be allowed. The Commission had been requested to review the ordinance some months ago but no recommendation had been made. Councilman Silva asked Keith Fraser, attorney representing the ap- plicant, if they would be agreeable to a continuance. Mr. Fraser said they would be willing in hope of getting a better size sign. He said he had planned to submit this request for variance some months ago, but had been requested to wait until the review of the ordinance was completed. He reviewed past action by the Planning Commission, and said he did not feel that the Commission intended to make any change. Mr. Fraser said the purpose of a variance is for an exceptional situation. He referred to Dublin where variances have been granted for larger signs in the County. There will not be another industry the size of Holiday Inn locating in Livermore in the next few years. Therefore, he felt it would be justified to grant the variance. It seemed logical to him that a "sign transfer" could be worked out for the unused signing on the building just as a density trans- fer is worked out. He did not feel a gas station compared to Holiday Inn due to size of building, etc. Councilman Pritchard pointed out that, in fact, a sign transfer had been made from unused signing on the building to arrive at the size of the present freestanding sign. Councilman Miller stated that the ordinance does provide for this but places an upper limit on the allowable sign to prevent large, oversized signing in the City. Councilman Silva suggested that the Planning Commission be urged to make a recommendation regarding the sign ordinance within thirty days, then it could be determined if a variance might be granted in accordance with proposed ordinance changes. Mr. Fraser stated he felt it was fairly clear that the Planning Commission did not intend to make an ordinance change in regard to this issue. Councilman Silva pointed out that if the Planning Commission takes action and makes a recommendation, either for a change or denying a change, the matter would then come before the Council which may then initiate some action on its own. Silia Baker, 541 Bell Avenue, noted that she had observed Holiday Inns at other locations without highway signs. She said that at the Planning Commission meeting reference had been made to beauti- fication of highways. Kay Parra, 819 Brennan Way, felt a change in the ordinance might be instrumental in bringing other large businesses to Livermore. She felt the sign should be allowed as the motel is built and em- ploys a number of people and pays taxes to support the City. CM-24-120 May 17, 1971 Robert Freis, 3041 Kennedy Street, referred to signing in Fresno and felt this should not be allowed. (Sign Variance - Ho liday Inn) Lee Canterbury, 3181 East Avenue, felt the Holiday Inn sign is attractive and would not detract from the City. She felt the Council was being bogged down by the Planning Commission. Milt Codiroli, president of the Chamber of Commerce, stated that the decision on Holiday Inn should be made separately from a de- cision on any gas station or other application, without worrying about setting precedent. Donald Rocco, 1130 Batavia Avenue, agreed with Mr. Codiroli and added that he felt it was unfair for a business to be bound by a method which would decrease their income. He urged the Council to make a decision now. Mayor Taylor stated that setting a precedent was a legal matter and could not be just stated, but must be determined by legal means. Councilman Miller said the real issue is what the City looks like to the rest of the world. An industrial prospect was lost a num- ber of years ago because of the appearance of the City. When the ordinance was considered and drawn up, testimony of professional developers and builders indicated that sign control is important and appearance is a factor. Councilman Silva felt the ordinance should be changed rather than taking the Council's time to hear all the variances, however he was not sure that a 216 sq. ft. sign should be allowed. The motion to approve the application for variance failed by the following vote: AYES: NOES: Councilmen Beebe and Pritchard Councilmen Silva, Miller and Mayor Taylor Councilman Silva made a motion to continue the matter for thirty days, at which time, hopefully, a recommendation re highway oriented signs will be made by the Planning Commission. The motion was seconded by Councilman Beebe, and passed by unanimous vote. * * * AFTER A SHORT RECESS THE MEETING WAS RESUMED WITH ALL MEMBERS PRESENT. RECESS * * * The Planning Director reported that Jupiter Con- struction Company had requested a minor amend- ment to the PUD and approval of the Tentative Map for Tract 3324. The change in the PUD is to change the number of dwelling units shown on the present tentative map from 364 to 342; the Planning Com- mission felt that the last action of the Commission and Council was proper and the change should not be allowed. The present map is in conformance with the map submitted with the original PUD, with respect to streets, etc., but with the additional lots. In regard to the park fees, it is felt the fees should be accepted in lieu of land. TENTATIVE MAP TRACT 3324 (Jupiter Constr.) In regard to the approved number of dwelling units, Mr. Musso explained that the original permit was approved in 1969 with a list of conditions and an approved map which was the former sub- division map. The subdivision map and permit both listed 364 allowable dwelling units. In February, 1970, the permit was CM-24-121 May 17, 1971 (Tract 3324 amended to 342 dwelling units but the number was Jupiter Constr.)not changed on the map. This change in 1970 was to go from the apartments to the Ivanhoe Villa units. The developer asked for the reduction due to the change in type of construction for this particular tract. At the time no density transfer was approved within the PUD; this matter was not resolved as some thought the units would be removed and some thought they would be transferred. Councilman Miller stated that at the time one of the arguments for approval of the Ivanhoe Villas was the reduction in density. Councilman Silva asked the City Attorney which had precedent: the PUD with the higher number of units or the number indicated on the map and Mr. Lewis replied that he thought the PUD would govern. Mayor Taylor stated that it seemed that the previous Council had failed to resolve this matter and the present Council would have to do so. Councilman Silva stated he felt the previous Council made a mistake; the PUD permit should have been amended; he must accept the City Attorney's opinion. Mr. Lewis explained his reason for indicating the PUD would govern. The PUD is in the nature of zoning and provides a classification of land in essentially the number of units which can be built. The subdivision agreement incorporates a tentative map to show street layout and type of construction, etc. On the tentative the number shown differs from that in the PUD. A different tentative map would still be governed by the zoning on the land even if it is through a PUD. Mr. Musso read from the PUD which stated that the number of allow- able dwelling units shall not exceed 364. Councilman Miller said the change had been requested by the devel- oper for the Ivanhoe Villas and made a motion to adopt the Planning Commission's recommendation, subject to the conditions that the number of units be 236 in this tract and further subject to park fees in lieu of land, conformance to Exhibit "B" and recommendations of Planning, Engineering and Fire Department; the motion was se- conded by Mayor Taylor. Mr. Masud Mehran addressed the Council and advised he would be happy to state facts indicating why there is confusion in the num- ber of dwelling units. On June 9, 1969, Sunset Homes' application for PUD No. 22 was approved authorizing 364 units, including 132 multiple units; on December 16, 1969, said PUD was amended deleting multiple residences and allowing attached dwellings. This was to be built in two separate phases - one, which called for 106 lots has already been completed, leaving the balance of 258 units in phase two. A staff report dated February 23, 1971 on Tract 3288 states the total allowable dwellings is 364 units; it also deter- mined that the parksite should be 2.58 acres based on calculation of one acre of additional land for each 100 dwelling units. There- fore, there is unquestionable justification for 258 units as phase two in PUD No. 22. Unfortunately, the Planning Commission has for some reason ordered a reduction in the number of units, cutting off 22, and allowing only 236 instead of the authorized 258. They achieved this reduction by a whittling process, slicing off 10 units in February and further cutting off 12 units on May 4, and in neither case was there rational reason given, leading one to believe that their actions were arbitrary and whimsical. Mr. Mehran stated further the units are not the matter in question; they are discussing the matter of faith; the community has the right to ex- pect the elected leaders will keep faith; the citizens are entitled to believe that once a decision is made, it will be adhered to. Mr. Mehran presented the Council with two maps to help clarify CM-23-122 May 17, 1971 some of the confusion, explaining that at all times there were 364 units indicated; the units were not actually counted, but the PUD document indicated 364. In recent months he has presented plans for tandem houses in different locations, but learned that this is not what the City wants him to build irrespective of how good they are and how people want to buy them. They have come back to a design which has been pointed out by the Planning Director to be identical with that originally presented on the balance of the PUD; he could not understand how the number of units allowed them for this parcel of land could be reduced. In conclusion, Mr. Mehran stated that any number the Council would select, even less than 236, he would accept, and let their conscience be their guide. (Tract 3324 - Jupiter Constr.) Mr. Musso indicated that on one of the maps before the Council, there were not 364 units -- the number change did occur; however Mr. Mehran stressed that the PUD document which he felt was a contract did indicate 364 units. Mr. Musso stated that in the amendment to the PUD on February 1970 there was a specific action reducing the number of units which is in the minutes at that time; it was not reduced this week as Mr. Mehran had stated. Councilman Silva felt that he must abide by the City Attorney's opinion, and made an amendment to the motion that the total number of dwelling units in the subject tract be 258, which goes along with the PUD. This would increase the total to 364; this motion for amendment was seconded by Councilman Pritchard. Councilman Miller stated that this would change the whole motion as the purpose of the motion was to adopt the Planning Commission's recommendation, that the total number be 342. If this amendment is in order, Councilman Miller felt he could not vote for his own motion. Mayor Taylor felt that the amendment to the motion was in order inasmuch as there were many items in the recommendation, and ruled that the motion to amend was in order, and the amendment passed by the following called vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller Before the vote was taken on the main motion, Park Sims, 1087 Innsbruck Way, stated that the residents of the homeowners asso- ciation have appeared to discuss the applicant's proposal and were opposed previously as they felt they were poorly planned. Tonight they would like to go on record as saying they are not opposed to this plan, and would like the Council to approve the Planning Commission's recommendation. They also felt that perhaps in the future the Council should study a PUD more carefully. Councilman Miller questioned Mr. Mehran with regard to the ex- tensive grading of the hills, stating he would like to see the rolling hills remain, and Mr. Mehran replied it was not his intent to do any unnecessary grading; also, they are controlled by the grading standards of the City and the Federal Housing Ad- ministration and all plans must be approved by them; in addition, the new ordinance indicates there should be ten feet on one side of the house for vehicular access. Councilman Miller also mentioned that there were various lots on Concannon Blvd. and Arroyo Rd. which are fairly shallow and pointed out that the RS ordinance requires an extra setback for people who live close to major streets. The extra setback applies to the houses above the ordinary rear yard setback and there will have to be some special house design on the shallow lots. He felt the records should indicate this problem of the setbacks had been called to Mr. Mehran's attention. Mr. Mehran replied it was not his intention to ask for a variance. CM-24-l23 May 17, 1971 (Tract 3324 Jupiter Construction) AYES: NOES: A vote was then taken on the main motion to approve the Planning Commission's recommendation, as amend- ed, allowing 364 total dwelling units in the PUD instead of 342; specifically in this subject tract, 258 units, and passed by the following called vote: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller Mr. Mehran asked that the time limit be set for 18 months, which is customary, on the map which had just been approved. Mr. Musso indicated that the State Law does require 18 months, however the PUD expires within a year, so there will be an overlap, and Councilman Miller questioned if the PUD has the wording that if the permit expires, the Tract Map expires and asked what the underlying zoning was, and Mr. Musso stated it was PD zoning. This point was discussed, and Mr. Mehran stated he was asking for extension of the PUD to match the expiration date of the map. Mr. Lewis stated there were minor amendment provisions in the PUD where the Planning Commission can make minor change, and this would not be considered major. Mr. Lewis stated further it has been the policy of the Council in the past few years to take such action as is necessary to make the actions come out concurrently, and in view of that policy, he felt the Planning Commission would take whatever steps were necessary. Mayor Taylor stated this would be left on that basis and he asked that Mr. Mehran submit a written request to the Planning Commission for the extension of the PUD to coincide with the expiration date of the tract map. REZONING AND PUD APPLICATION (Ensign Bickford Co.) * * * An application has been submitted by Ensign Bickford Company (Associated Professions, Inc.) for rezoning from RS-3 and Rs-4 Districts to PD District and an application for PUD, property located on the north and south sides of Portola Avenue at its intersec- tion with First street. This property is in the Portola Avenue Annex recently annexed to the City. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to set the application for public hearing on June 14, and passed 4 to 1 with Councilman Miller abstaining due to conflict of interest. REPORT RE PROPOSED ANNEXATION NE CORNER VASCO RD & EAST AVE. * * * A report was submitted by the Planning Commission and the Local Agency Formation Commission re pro- posed annexation of property located at the north- east corner of Vasco Road and East Avenue, known as "East Avenue Annex No. 10", approximately 61 acres. The staff recommendation is for the adoption of a resolution initiating proceedings for annexation and setting the date for public hearing on the proposed annexation. A motion was made by Councilmah Miller, seconded by Councilman Silva, and approved unanimously, to adopt the resolution initiating the proceedings and setting the date for hearing. RESOLUTION NO. 55-71 A RESOLUTION GIVING NOTICE OF THE CITY OF LIVERMORE'S INITIATION ON CITY'S MOTION OF ANNEXATION UNDER THE UNINHABITED ANNEXATION ACT OF APPROXIMATELY 61 ACRES OF LAND, REFERRED TO HEREINAFTER AS THE "EAST AVENUE ANNEX NO. 10", TO THE CITY OF LIVERMORE. CM-24-124 * * * May 17, 1971 The City Council referral re possible revised regulations concerning clocks, thermometers, etc. was postponed from the meeting of May 10 at the request of Councilman Miller. The Plan- ning Commission had recommended that no action be taken at this time as it would not come up very REFERRAL RE REGULATIONS (Clocks, Thermometers, Etc.) often. Councilman Miller proposed that the wording in the sign ordinance be changed to read that "any clock, thermometer or similar device which is not freestanding, nor exceernsix square feet, shall not be deemed to be a sign". In other words, it would have to be on a building and not bigger than 6 sq. ft~ otherwise it would be a sign and covered by sign regulations. He felt this would give us some regulations. Councilman Silva stated his argument last week was that the Plan- ning Commission's recommendation was acceptable as they stated there would not be many, and it would be before Design Review Committee, and did not feel this should be added to the sign ordinance. Councilman Beebe questioned what happened in the instance of the existing clock and thermometer since there was no design review and felt the ordinance would require this. Mr. Musso explained based on the ordinance it was not a sign and no permit was issued for it as a sign, but a building permit was issued for a structure; and should have gone pefore the Design Review Committee, but did not; it was an error on the part of the staff. It was the consensus of the Council that such structures would be subject to review by the Design Review Committee. * * * The Public Works Director reported that sanitary sewer service could be obtained for the building on the Civic Center site by extension of the line southerly on Dolores Street and easterly on Pacific Avenue. He explained two alternates for this extension and recommended the one he felt would be best (Alternate "B"); later that line would be necessary to provide sewer service to all the buildings constructed along Pacific Ave. REPORT RE SEWER LINE EXTENSION - (Civic Center Site) Councilman Silva stated when the Council approved the use of the structure by the Cultural Arts Council, it was done with the under- standing they would not spend any money on the remodeling of this structure, and he felt they would be expending $320 for the sewer extension. Councilman Silva then proposed that the Cultural Arts Council absorb the $320 cost, and if at a future time the line is not abandoned, the City would reimburse them the sum of $320. He would approve Alternate B, less the $320; this motion was seconded by Councilman Pritchard, and passed unanimously. * * * A report was submitted by the Public Works Di- rector re hillside public works standards. HILLSIDE PUBLIC WORKS STANDARDS Councilman Silva made a motion that this matter be referred to the Planning Commission for their review; this motion was seconded by Councilman Beebe and approved unanimously. Mayor Taylor brought up the fact that with a new hillside annexa- tion, it was urgent that an ordinance be adopted in this regard. * * * CM-24-125 May 17, 1971 A report was submitted by the City Manager regard- ing a Management Institute Training Program. Our City had participated in a joint study session with the Alameda County administrative staff and other cities for the purpose of appraising the need and participating intent of County and City govern- ments in formalizing in-service training programs for prospective management and mid-management level personnel. Mr. Kennedy, Finance,Director, explained that only at the time the City participates in the program would a request come before the Council for an allocation of funds. A contract has been prepared between the County, the City of San Leandro, City of Fremont and the State Personnel Board for participation in the program, and the staff recommendation is for approval by resolution for execu- tion of the agreement. REPORT RE MANAGEMENT INSTITUTE TRAINING PROGRAM On motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote the following resolution was adopted. REPORT RE POPULATION ESTIMATE RESOLUTION NO. 53-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Joint Powers Agreement on Management Institute) * * * Each year an agreement is made with the Department of Finance for a population estimate which affects all funds allocated to our City on the basis of population. The staff recommends that a resolution be adopted authorizing the execution of the agreement. On motion of Councilman Miller, seconded by Councilman Silva, and by unanimous approval, the following resolution was adopted. PROPOSED ORDINANCE RE SOLICITOR REGULATIONS RESOLUTION NO. 54-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Department of Finance of the State of California) * * * An ordinance draft has been prepared amending the Municipal Code to require a provision for removing solicitor regulations from the business license to a separate place in the Code. The City Attorney explained there are two things that are slightly different than the previous solicitor's ordinance; first, it would increase the amount of the bond from $1,000 to $5,000; second, there is a provision which would require persons who solicit to be identified and to post a bond. The Council discussed the proposed ordinance which also provides for collection of a fee to offset the work necessary by the Police Department to issue a permit as this is not a business license, but aside from a business license. Mr. Lewis explained this would not preclude charitable organizations. Councilman Miller commented that there should be a higher fee to discourage as much as possible solicitation, however Mayor Taylor pointed out that the fee is not designed to regulate people, but to cover the City's cost. Councilman Miller also asked how an aggrieved citizen would collect from a bond without going to court which was an expensive procedure, and Mr. Lewis stated the best procedure would be to go through the small claims court in which case the cost is minimal. CM-24-126 May 17, 1971 A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to introduce and file the ordinance and waive the first reading (title read only) for the addition of a new section, Sec. 14.24, to require that canvassors and solicitors carry tificate of identification and post a bond. (Proposed Ordinance- Solicitors) a cer- Aubrey Greer, a local businessman, asked if this would mean that a person could come in and obtain a permit without obtaining a business license, and asked how they could control solicitors who come into the town and do not have a local business. Mr. Lewis explained that this ordinance was one of the most success- ful ways of controlling solicitors because when a solicitor comes into town, it is only a matter of a few hours before the Police Department receives a telephone call questioning solicitors and expressing concern about the identity of the person. A vote was taken on the motion for introduction of the ordinance and it passed unanimously. * * * The first reading of the proposed amendment of the Livermore City Code relating to business license taxes was held on May 3. Councilman Beebe stated that when he had made the motion to approve the proposed schedule of fees he had included contractors in Schedule B. He now felt that since contractors may deduct amounts paid their subcontractors they should be in Schedule A. Council- man Beebe made a motion to make this change, seconded by Councilman Pritchard. PROPOSED AMENDMENT RE BUSINESS LICENSE FEES Milt Codiroli of the Chamber of Commerce said the difference in fees would be approximately $250 if the categories are changes and felt it was an insignificant dollar amount of revenue to the City. All contractors have many requirements such as planning to meet the City's requirements and land dedication. He did not feel the fees should be changed again as the schedule accepted two weeks ago had been accepted by the business community. Councilman Pritchard explained that the Council was trying to achieve equity and parity. Mr. Codiroli stated this is one business where the added expense can be passed on to the buyer, and again, the revenue was not enough to have too large an effect on the City one way or the other and he urged the Council to leave the fees as previously set and not to make additional changes. Councilman Beebe said that the Council had accepted the philosophy of the Chamber in general regarding high volume businesses, and he felt the contractors were just in the wrong category. Councilman Silva said he viewed this not from the standpoint of the cost to the homebuilder but the home buyer who would have to pay it. The Council discussed what the increased charge would be per home and at the close of discussion the motion to change the contractors from Schedule B to Schedule A was approved by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor None Mr. Codiroli reported that the Chamber was working on the school bond issue which takes money, and that the contractors were the ones who usually came through with financial help when needed. He felt this was a slap in the face to the contractors. Some $7,000 was needed to put this bond issue across and most of the CM-24-127 May 17, 1971 (Business License Fee Ordinance) money would come from the high income people. He was embarrassed to face these people now. Dr.' Rocco, who has offices in Livermore, agreed with Mr. Codiroli and felt this was not fair to the businessmen of Livermore. Councilman Beebe said that he had studied the matter since the issue was voted on two weeks ago and felt that contractors did not fall in the same category of high volume businesses such as car dealers, grocery stores, and chain stores; he felt the honest approach was to put this classification, contractors, into the right category. Dr. Rocco stated he felt that the Council should not make a deci- sion before they were sure of their action, even if there is a deadline; they had the power to change the deadline and time was wasted by continual changing of the Council's actions. Robert Freis, 3041 Kennedy, felt the Council had acted in the pro- per spirit by trying to make the fees equitable. Councilman Silva said a question regarding professional men such as dentists had been brought to his attention. Some dentists sub- contract some of the work such as dentures; would this be deducted from their gross receipts. The City Attorney advised that he did not believe they were en- titled to this specific deduction. If a manufacturer makes a pro- duct in Livermore he pays business license tax; he in turn sells that to a businessman in Livermore who pays the tax. This is a factor in most of the classifications in one degree or another. It was concluded that this was a part of the cost of doing business. Councilman Pritchard made a motion to waive the fir~ reading (title read only) of the amendment to the City Code relating to business license fees, and by the following vote the ordinance was intro- duced and ordered filed: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller ORDINANCE RE ZONING CHANGE LINDEN ST. (Davis) AYES: NOES: * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, the second reading of the ordi- nance was waived, and by the following vote the ordinance rezoning from RL 5-0 to RM District, property located on the south side of Linden St., 50 feet easterly of North P Street was passed: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor ORDINANCE NO. 742 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 COUNCIL (Revenue Sharing Report) CM-24-128 * * * Councilman Silva brought up the matter of his re- port on revenue sharing which had previously been continued. It was the decision of the Council to hear this early in the evening at the next meeting, and to discuss what action might be taken along this line. * * * May 17, 1971 Councilman Miller referred to a comment in the newspaper from the President of the Apartment Council of the Greater East Bay, which is a div- ision of Associated Homebuilders, citing Liver- more as a typical city which is squeezing out the majority of citizens through denial of multiple units which would be available to lower income families. Councilman Miller suggested that the Planning Director be directed to write a letter to the papers and the organization pointing out the true situation as he objected to misrepresentation regarding the City. The article stated that only 3% of the land in Livermore is zoned for multiple family use, and Councilman Miller stated that 25% of dwelling units, built or approved, are in fact apartments. (Multiple Units Zoning) Mr. Lewis suggested that the letter be prepared for the signature of the Council. * * * Mayor Taylor felt that attention must be given (Zoning Plan) to adoption of a specific plan for the area north of the present City Limits and Highway 580 and between First Street and North Livermore Avenue. Councilman Beebe said that a policy must be adopted in regard to dedication of perpetual open space. Councilman Silva wished to include some planning toward working out the density transfer plan which he has proposed. Mayor Taylor stated that he wanted to see a suggested plan from the staff and the Planning Commission; this would be a starting point. He said he had talked to one of the owners of a piece of the property, who had suggested something like a density transfer within his ownership, but before this could be done general plan- ning as to streets and adjoining property would need to be made. After discussion, it was decided that the plan would go through the Planning Commission and come before the Council as a specific plan; Councilman Silva will also work with the staff in regard to a density transfer proposal. * * * There being no further business to come before the Council, the meeting was adjourned at 12:45 a.m. ADJOURNMENT ATTEST [~~ MaYOr'f} ~ exld QlZeL ~i fy'Clerk 've more, Callfornla APPROVE * * * CM-24-l29 Regular Meeting of May 24, 1971 A regular meeting of the City Council was held on May 24, 1971, in the Municipal Court ChambersA 39 South Livermore Avenue. The meeting was called to order at ~:08 p.m. with Mayor Taylor presi~ing. * * * ROLL CALL PRESENT: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor ABSENT: None * * * MINUTES The minutes of the meeting of May 17, 1971, were approved as amended on motion of Councilman Beebe, seconded by Councilman Pritchard, by unanimous vote. * * * The Alpha team of the Livermore Atomic Soccer Club has won the State championship and has been invited to Seattle, Washington, to participate in the re- gional contests. The Coach and Manager of the team, Mike Thompson, reviewed the growth of the Club and explained how the funds are raised for the teams and the need for additional funds for travel expenses. The team will be representing the City and the State, and Mr. Thompson asked for any financial aid the City would be willing to extend. The cost would be about $2,000, and the team has already raised approximately one half of this amount. SPECIAL ITEM (Atomic Soccer Club) Councilman Pritchard felt the team should be supported as they will be serving as ambassadors for the City. Mr. Thompson stated that in two or three years the Club will be self-supporting, even for additional expenses such as this, but due to heavy capital outlay at this time because of growth of the sport they were short of funds. Councilman Silva felt this was a fine program and suggested appro- priating funds up to $500 to match any funds raised from this date on. Mayor Taylor stated he felt that this team served as inspiration to others; this request was not in support of recreation as such but to enable this team to represent the area. The motion to appropriate the funds as stated was seconded by Coun- cilman Pritchard. The City Attorney said that the justification for this appropriation is that this trip will advertise the City, and this was included as a part of the motion. The motion was approved unanimously. Councilman Silva made a motion to adopt the following resolution commending all the teams who have participated in the Club; motion was seconded by Councilman Miller and approved unanimously. RESOLUTION NO. 56-71 A RESOLUTION COMMENDING THE LIVERMORE ATOMIC ALPHAS AND ALL TEAMS COMPETING IN THE VARIOUS SOCCER LEAGUE COMPETITIONS. * * * CM-24-130 May 24, 1971 Bob Taylor, 585 So. L street, representing the OPEN FORUM California Roadside Council, stated that recent- (Scenic Highways) ly Highways 580 and 680 had been indicated as po- tential scenic roadways by the Governor's com- mittee. This is the first in several steps to guarantee parts of these highways as scenic corridors and he requested that the City act now, in conjunction with the County, requesting the State to work with our City to outline the corridors and facilities for U.S. 580 through Livermore. The State will then work with the City in regard to zoning to preserve the vistas, historic sites, etc. along the highway. Mayor Taylor asked for a report from the staff regarding this matter, and in particular, the effect on zoning and financial status. * * * Lorraine Raison, 5244 Kathy Way, spoke in regard (Signs) to the sign ordinance and said she supported it, as did many other residents of Livermore. * * * Birdie Meyer Bianchi informed the Council that she had sent for a copy of CAP memo No. 71-A, dated February 26, 1971 which tells about CAP eligibility and establishment; when it is re- ceived she will meet with the City Attorney regarding this matter. (SACEOA) * * * A rezoning application has been submitted by Lincoln Lumber Co., et al, for rezoning of pro- perty located on the NE corner of East Avenue and Hillcrest Ave. from RL-6 District to dis- tricts provided by the Zoning Ordinance includ- ing CN, RG Districts. PUBLIC HEARING re REZONING FROM RL-6 (Lincoln Lumber Co.) The Planning Director explained that this application is for a shopping center which was originally approved about fifteen years ago. It was first approved by zoning, but since development did not occur the zoning was withdrawn and a Planned Unit Development permit issued. Since that time some development has occurred but there is potential for additional building and storage. Several extensions have been granted, and at the time the last one was made it was conditioned upon filing of rezoning applications by each of the property owners. Applications have been filed, and the Planning Commission recommends rezoning of the property from RL-6 in conformance with the approved plan for a neighborhood shopping center, apartments, gas station and then zoning of old Hayes Court area to RS-5 to allow cluster development. The Lincoln interest would like to have its property rezoned from commercial to multiple, but the Planning Commission did not feel this was desirable. Parcel 4 was added to the commercial zoning by the Planning Commission. Mayor Taylor opened the public hearing. Letters of protest were noted from Floyd Mathes, 4238 East Avenue, Mr. and Mrs. O. L. Van Arkel, 4218 East Avenue, and Interfaith Housing, Inc. expressed their concern regarding rezoning of the property on their southern border so that the area would remain in single family, one-story development, the same approximate size of the surrounding homes as they had tried to do in planning their development. Mr. Richard Callaghan, representing Arthur and Lorraine Belz, said his clients own that property directly east of the Louis Stores; they were acceptable to the CN zoning recommended by the Planning Commission. CM-24-l3l May 24, 1971 (Public Hearing Rezoning re Lincoln Lumber) Harry West, 1126 Tulane Court, felt the density in the area is going up more than is desirable in the area and suggested breaking up the development with small parks, especially that property desig- nated as Lincoln I and Lincoln IV. Mr. Musso commented that this was considered at one time, but due to the assessment for public works in the area against the property the cost was too high. Jean Dupsyk, 4179 Stanford Way, said he would like to see the shop- ping center finished and could not see any reason for an increase in density in the area. A condition of the approval of the shopping center was that single family homes would be built on the Lincoln II property but this has not been done. He urged that the staff report be adopted with the addition of the recommendation that more access be allowed for commercial development. Milton Custer, 620 Milton Avenue, concurred with the staff recom- mendation and was opposed to higher density. Keith Fraser, representing the applicant, said that in regard to the property behind the shopping center which they had requested for RG-16 zoning, he would not argue that point at this time. He hoped the RS-5 would not be changed as this was a hard parcel to develop for single family. They would agree with the staff report regarding the two parcels behind the shopping center. George Larsen, 761 Hayes Court, requested that the applicant make known their plans for the two parcels behind the shopping center. Mayor Taylor pointed out that the action before the Council is to give this property zoning. The zoning would be as permanent as any action can be; it can be changed only by request before the Council. Mr. Fraser said his client would like to sell the property; he has had offers based on multiple zoning, but if it is zoned CN, he will try to sell it on that basis. A motion made by Councilman Beebe, seconded by Councilman Pritchard, to close the public hearing, was approved unanimously. Councilman Miller made a motion to adopt the Planning Commission's recommendation for rezonings as indicated in their letter dated April 28, 1971, seconded by Councilman Pritchard, as follows: Lincoln I: Lincoln II: Lincoln III: Lincoln IV: Seligson: Belz: Newport: CN (Neighborhood Commercial) District RS-5 (Residential) District CN Neighborhood commerCialj District CN Neighborhood Commercial District CN Neighborhood Commercial District CN Neighborhood Commercial) District RG-16 (Suburban Multiple Residential) District In answer to Councilman Silva's question, Mr. Musso said the pur- pose of the proposed commercial zoning on Lincoln IV was to provide access to Lincoln I. Councilman Silva asked Mr. Musso to explain why he recommended RL-6 be maintained rather than commercial for Lincoln IV and Mr. Musso replied there are single family homes ad- jacent. If it is commercial it could provide access to the back property as well as parking. The motion to adopt the Planning Commission recommendation for re- zoning was approved unanimously. * * * CM-24-132 May 24, 1971 The public hearing is to consider possible amendment to the Zoning Ordinance of Section 31.00 (Trailer, Trailer Park); Section 21.40 (Off-street Parking - Mobilehome Park); Sec- tion 21.00 (Special Provisions), possible re- peal of Section 21.20 as it pertains to Per- formance Standards and possible addition of Sections 21.20 through 21.29 as they pertain to regulation of Mobilehome Parks; and Section 21.50 (Trailer Parks). PUBLIC HEARING RE PROPOSED ZONING ORDINANCE AMENDMENT (Sec. 31.00 & 21.00 Trailer Parks) Mr. Musso explained that the State Mobilehome Code was used as a basis for the proposed zoning ordinance amendment; input was re- ceived from various interested parties such as other cities, organizations in the mobilehome industry, engineers, etc. Mayor Taylor inquired about provisions for setting a percent limit to total development for mobilehomes. Mr. Musso stated the Commis- sion had studied the possibility of setting a limit and where mobile- homes could be located, and this was considered separately and not as a part of the proposed ordinance. Mayor Taylor felt that this was a separate question to be resolved by resolution and eventually included in the General Plan. Mr. Musso said that if certain properties were indicated for mobile- home development this would affect the price of the property; cri- teria has been set out in the ordinance. The Mayor opened the public hearing and invited those present to comment at this time. Harry Wilson, representing the Livermore Civic Improvement Associa- tion, 926 Curlew Road, stated they would like to go on record as being in favor of the Planning Commission's recommendation as they felt it showed a definite response to the community's desires as well as good planning. They are opposed to the amendment offered by the Chamber of Commerce. When questioned if he had read the amend- ment, Mr. Wilson stated he had not seen the final copy, but knew the synopsis of it. Mr. Steve Killiany, 888 Curlew Road, stated the letter from the Chamber of Commerce was at the library together with the agenda, and the Chamber recommends deletion of a paragraph of the pro- posed ordinance whereby mobilehomes should not be dependent upon school sites, recreational parks and shopping facilities and the association feels this should be oneof the criteria for establish- ing the location of the mobilehome site. Mr. Killiany continued that the school system needs help and felt the Council was in a position to give it some help; in adopting the ordinance the mobilehomes should be placed in an area with available schools and school space. Mr. Killiany quoted a March 1970 issue of Fortune with regard to the number of children in mobile homes; the article also discussed cost, manufacture, type of people who live in them, and stated one out of two mobilehome families are of childbearing age - under 35. Also, in view of the fact this ordinance will regulate zoning for real property, and since Councilman Pritchard's livelihood is in the real estate industry, asked that his comments be limited to his capacity as a citizen and to abstain from voting as a member of the Council because his actions cannot be unbiased by virtue of his livelihood. Councilman Pritchard stated that although he did deal in real estate property he did not deal in mobilehomes or property for mobilehomes, but would adhere to the City Attorney's decision. Mr. Lewis explained that if Councilman Pritchard was handling a piece of property and there was a request for rezoning or a permit which would include mobilehomes he would be legally wise to declare that interest and not vote on the matter. However, there is CM-24-l33 May 24, 1971 (Public Hearing re Mobilehome Parks) nothing in the law which requires him to not vote on a matter in which he has no interest merely be- cause he may be involved in real estate. Paul Brown, 731 Wimbleton Lane, stated mobilehomes have been the subject of many recent discussions before the Council, and he was sure they were aware of the many arguments raised by the citizens because of their tax structure. He felt this ordinance would be a good place to put a restriction limiting the number of mobilehomes, and urged the Council to con- sider this as part of the ordinance. Harold Enos, 484 Colusa Way, asked that the Council locate mobile- homes in the residential areas and accord them the same rights and consideration as any other residents; however, keeping in mind the petition against mobilehomes and the inequitable system by which they are presently taxed. Mr. Enos quoted a report to the Wisconsin Dept. of Natural Resources by the Frank Lloyd Wright Foundation wherein it was pointed out that mobilehomes are dehumanizing, a major source of urban blight and that they stifle the growth by undermining the bax base of a city. It is also reported that less than one of six is moved from its original site until it is junk. He did feel Livermore could live with a certain number of mobile- homes and would ask that the Council limit the number of mobile- homes to 5% or 6% of the total permanent residences. Thomas Raison, 5244 Kathy Way, as a concerned citizen stated his feeling that it would be to the best interest of the city to adopt the ordinance without the amendment suggested by the Chamber and suggested that a limit of 2~% be entertained for mobilehomes. Jack Phillips, 551 No. P Street, stated it had been mentioned that people who live in mobilehomes are second class citizens and resent- ed this as he would be considered a second class citizen in some people's eyes. As far as the developers being the blame for growth, he did not feel this was true. As far as inequities are concerned, it has also been mentioned that people who live in less than $40,000 homes are on a "free ride" as they are not paying their fair share either. John Fitzgerald, 746 Grace street, stated his sentiments had been expressed by many this evening as he is concerned about the number of mobilehomes being considered by the community. He suggested that the staff report be adopted as it stands with 2~% limit placed on the number of mobilehomes. Everett Martin, 1122 Innsbruck, stated he had studied the staff re- commendation in detail on this subject and would concur with it, and was impressed with the fact that the staff has taken into con- sideration their three point argument to determine where these mobilehomes should be located rather than specify a mandatory or desirable area. He felt there should be a percentage set for limiting mobile homes. Joseph Lee, 622 Bentley Place, stated it was his understanding mobilehomes were not taxed in the same way that conventional hous- ing is and they are neither appraised nor assessed in an equal way and suggested that the Council adopt an ordinance which would ban all mobilehomes from the City until such time that the assessments are equal and evaluations are equal, and felt if this was done by this and other cities perhaps mobilehome lobby will fight for equal taxation. Earl Mason, representing the Chamber of Commerce, stated he had worked on the report submitted by the Chamber, and would like to clarify some points. The Chamber has not made a stand for or against the mobilehomes per se; this is an ordinance proposed by someone other than developers, written to cover the development of mobilehomes when they are allowed. The Chamber felt it should be CM-24-134 May 24, 1971 reviewed to make it as workable as possible both from the City's and developer's stand- points and that it should be equally fair for mobilehomes as it is for any residential growth; the same criteria should be used. First the development comes and the facilities come later, so he did not feel that this should be placed as a prerequisite for mobilehomes. The same thing applies to the last part of the Chamber's letter with re- ference to the park dedication; in the ordinance it requires that the developer include 250 square feet for each mobilehome site, at least 25% of which shall be open turf; and it requires swimming pools, recreational areas for the use of the people in the park. In this regard the Chamber says that the developer must provide two acres of parkland for each 100 mobilehomes in addition to the 250 square feet, which is about six tenths of an acre per hundred homes. In most developments the City would be pleased if a devel- oper would put in a swimming pool and recreational building and be glad to count that land as park dedication. Mr. Mason felt that the developer should be credited for the recreational area which he is required to furnish for mobilehome parks. (Public Hearing re Mobilehome Parks) steve Killiany stated it was time that the City required the development of schools with the development of homes; not after the development of homes as now occurs. Mayor Taylor stated that it is part of the general plan that when a residential area is planned the schools, parks and shopping areas are also considered. Also, it was his interpretation of the com- ments made that this is not a special thing applied only to mobile- home parks; you would not have a subdivision where there is no school planned. Mr. Musso explained that this ordinance goes beyond that; one of the concerns of the Planning Commission is that a normal develop- ment of a subdivision takes a matter of years from the time of first zoning, submittal and filing of maps, etc. which gives the school district time to react to the development and they can start counting students. In a mobilehome park they cannot be counted until the children are actually there. It may lag, as they know there are less children and it may lag for a period of years before it builds up a demonstrated need and by then it may be too late to provide school facilities. The time element makes it different and is one reason it has been treated differently. Councilman Pritchard advised that the Council is on record as supporting the Bill Assemblyman Bee is carrying that would cause school dedication to be made upon filing of tract maps. Mr. Killiany stated he was aware of this legislation, but was indicating that they have a chance now with relation to mobile homes and schools. On motion of Councilman Silva, seconded by Councilman Beebe, and by unanimous vote the public hearing was closed. Mayor Taylor stated this was a complex ordinance and suggested that the Council question the staff; then they could get down to a matter of philosophy, and suggested that the matter of per- centage not be discussed at this time; he felt a percentage should be set, and it could be discussed either later this even- ing or next week. Mr. Musso explained the subject of percent of mobile homes was considered, but he did not feel that the ordinance was a proper place for it as it was not related to the development of a mobile home park. The City Attorney stated he would consider the matter of limita- tion to be appropriate in the General Plan where it could be spelled out as to the general intent. CM-24-l35 May 24, 1971 (Public Hearing re Mobilehome Parks) It was suggested that the percentage limitation be placed on the agenda for the next meeting to be held on June 7th. Councilman Miller stated it had been suggested that the stiffest conditions be placed in the ordinance and that San Leandro's ordinance be used as a guide. Before any final decision is made, he suggested that they be given copies of the San Leandro ordinance. Councilman Beebe stated he had a copy of an agreement approved by the San Leandro City Council and accepted by the developer; this agreement was over and above the requirements of the ordinance on trailer parks - additional protection. Copies of the agreement will be sent to the Councilmen for review. Mayor Taylor, after some discussion of the bearing this ordinance would have on the one now before the Council, stated the public hearing had been advertised, any changes should be made by the Coun- cil, to refer it back to the Planning Commission would be unneces- sary delay. It was decided they would discuss the items as listed and which they wished to have changed. Item A under 21.22 - Location, reads that the site is in an area having schools, public parks, shopping facilities, and other fac- ilities deemed necessary to serve the needs of the people living in the park. This could be interpreted many ways and this section was discussed in detail by the Council, just how they could change the wording, after which it was decided after the words "other facilities" it should read, "either existing or planned for con- struction in the immediate future"... Councilman Silva stated as far as location, under this same section, he felt that mobilehomes could be permitted in zones other than the RG and RM Zoning Districts as set forth and suggested that rather than specifying only these two zones, the wording should be "permitted in any residential zone allowing 8 d.u./acre or greater density". Councilman Silva stated that in a commercial area, density is not a factor and they should not be allowed in an area where density is restricted. Councilman Pritchard stated if mobilehomes are treated like resi- dential uses, as most people suggest, the recommendation should be to allow them in residential areas. His point was that they do not normally allow a residential use in a commercial district. Be- cause of this the Council discussed the use in the RS District, specifically the RS-S District, and Mr. Musso thought it might be allowed in the RS District with a Conditional Use Permit rather than a Planned Unit Development permit. Councilman Beebe pointed out they could argue about trailer parks being residential in nature; however, the person purchasing and developing the property and making the profit from it, is a com- mercial operation and he felt it could be allowed in most any other zone rather than the RS; in fact, in some cases it could be a buffer to Industrial Zoning. Mayor Taylor pointed out that any place you want to have a higher density use for buffer, it is already zoned RG or RM. Councilman Miller stated they are no more second class citizens than apartment dwellers who are restricted to certain zones; one other point, apartment houses are commercial operations also, in the same sense a mobilehome park is. Councilman Silva asked about Item D, which reads- The design of the park is in a manner that its existence in the area proposed will not be detrimental to adjacent property and the use or future anticipated use thereof. He felt this section should be deleted. Mr. Musso explained that this provision is in the CUP and zoning CM-24-l36 May 24, 1971 ordinance wherever a different use is introduced in an area. Councilmen Beebe and Pritchard a- greed that it was not necessary since such find- ings could be handled through the CUP and PUD permits. The item was deleted by a 3-2 vote. (Public Hearing re Mobilehome Parks) Item 21.23 - Site Area Restrictions Mr. Musso explained that the fifty acre limit was set as a larger park would probably not be built and the Commission did not feel a minimum limit was necessary due to economics. Item 21.24 - Driveways and Access The Council discussed the effect of traffic generated by a mobile home park and felt that commercial (CB, CG, CN Districts) should be added to Item A.l. In Item 21.24 D, the Chamber had recommended a lower Roadway Design Standard for Traffic Index than the 4.5 in the proposed ordinance. Mr. Lee explained that the 4.5 index is used for cul-de-sacs and is considered a minimum according to the volume of traffic and conditions. Item 21.25 - Landscaping, Screening, Open Space, Recreation Councilman Miller did feel that a six foot high solid board fence should not be allowed on street frontages as it does not look as well as other types. Mr. Lee said that generally board fences have not been satisfactory due to maintenance and Mayor Taylor suggested that board fences be allowed only with staff approval. After further discussion Mayor Taylor made a motion, seconded by Councilman Silva, to add the wording "any board fence facing a public street shall be approved by the Public Works Department." In Item B - Landscaping, the question was raised about enforcing the maintenance of the required landscaping. Mr. Lee pointed out that requiring underground automatic sprinkler system had helped to solve this problem. This was discupsed but no change was made at this time. (JI~ftif00J: . Councilman Miller felt 1000sq. ft. of open space should be re- quired in Item C - Recreational Facilities. This is the same as required for townhouses. He made a motion to adopt 1000 square feet for recreational open area rather than the 250 sq. ft. in the proposal; there was no second to the motion. Item 21.26 - Lot Regulations The lot width requirements were discussed briefly. Councilman Miller made a motion, seconded by Councilman Pritchard, to continue this matter for the first reading for two weeks, and it was approved unanimously. * * * CONSENT CALENDAR A communication has been received from the Cal- ifornia Chapter, International Conference of Building Officials regarding an award presented to the Chief Building Inspector Herbert Street. The verbal appreciation of the Council was added in recognition of this award. Award - Building Inspector * * * Comments from Charles Prudhon, President of the American Taxpayers Union, Local 115, regarding the forthcoming Council budget hearings were acknowledged. Budget Hearings * * * CM-24-137 May 24, 1971 Airport Land Use Committee A communication has been received from the Airport Land Use Committee of Alameda County re land use proposal in the vicinity of the Livermore Municipal Airport. This matter refers to the rezoning and PUD application adjacent to the airport on the east which was recently the subject of a public hearing before the Council. This committee will review and re- commend to the appropriate governmental agency a course of action on any proposed land use in the vicinity of public airports. In accordance with their responsibility, the Committee has requested copies of documents, mapping and minutes relative to the Council's review on this application. Mr. Musso will be the City's personal representative at the hearing of the committee. Reports From Public Works Director * * * Reports from the Public Works Director were received on the following projects: Traffic signal maintenance - East and Hillcrest Avenues; So. Livermore Avenue and Fourth Street modification Railroad Avenue widening. No parking zone - East Stanley Blvd. Airway Blvd. extension to Kitty Hawk Street - It is recommended that a motion be adopted approving the recommend- ations contained within the reports, with the exception of Airway Boulevard, which will be discussed later. LARPD Master Plan * * * A report has been received from the Livermore Area Recreation and Park District regarding their Master Plan. It is recommended that this report be re- ferred to the Planning Commission. Councilman Miller noted that the standards set forth in this Plan are lower than those previously adopted by LARPD. Minutes Exempt Busi- ness Licenses * * * The minutes of the Beautification Committee meeting of May 4 and the Housing Authority meeting of April 20 were acknowledged. * * * An application for an exempt business license was received from Boy Scout Troop 906 for the sale of flag kits and sno cones during rodeo week. * * * Seventy claims in the amount of $24,258.93 and two hundred forty-three payroll warrants in the amount of $81,265.22, dated May 21, 1971, were ordered paid as approved by the Finance Director. Council- abstained from voting on Warrant No. 10715 for his usual Payroll and Claims man Silva reason. Approval of Consent Calendar CM-24-l38 * * * On motion of Councilman Miller, seconded by Council- man Silva, the items on the Consent Calendar were approved by unanimous vote. * * * AFTER A SHORT RECESS THE MEETING WAS RESUMED WITH ALL MEMBERS PRESENT. * * * Councilman Silva requested that his report and discussion re Revenue Sharing be referred to later in the meeting. * * * Mr. Viktor Hampel, a local resident, has con- tacted the City Manager regarding the subject of sidewalk disrepair and wishes to personally discuss the matter with the City Council. May 24, 1971 RECESS REPORT RE REVENUE SHARING REPORT RE SIDEWALK REPAIR The City Attorney pointed out that the public notice dated May 24, 1971, prepared by Mr. Hampel refers to sections of the Street and Highway Code relating to proceedings under the Improvement Act of 1911 which deal to responsibility of certain public offi- cials. For instance, if someone should trip and fall, he assumed that the City would have actual or constructive knowledge of the condition of the sidewalk if that were, in fact, the cause of the accident. If Mr. Hampel files the slides he wishes to present with the City it would have the same effect as putting the City on notice regarding existence of cracked or raised sidewalks. Mr. Lewis said he did not feel that the City is liable to the public or an individual member of the public due to the document presented by Mr. Hampel unless there is injury due to the sidewalks. Mr. Hampel presented some slides which he had taken illustrating the condition of sidewalks on various streets in the City of Livermore. He stated that damage had occured in the newer parts of town where trees were planted incorrectly by developers - too close to water and sewer lines and along the street between the curb and sidewalk without enough allowance for growth. If more than one-half inch upset occurs, an assessment is levied against the homeowner for correction of the sidewalk if the owner does not take care of the situation on his own. He discussed methods which could be used to correct this situation and his belief that the law stated the homeowner is responsible to maintain the side- walk in the condition received, but is not responsible for paying for the ignorance of the City. In compliance with the law, he has served notice on the City in this regard in the event of legal action. He had talked with several members of the staff, including Mr. Parness, Mr. Lewis and Mr. Lee about this problem, and now appealed to the Council to establish a program between the City and the residents. Mayor Taylor requested that the staff prepare reports in this regard, preferably before the budget hearings. * * * Mayor Taylor read a letter from LARPD regarding their position relative to a proposed park site acquisition adjacent to Dogwood and Nightingale Streets. LARPD has advised that they do not wish to be responsible for development or main- tenance. PARK SITE (Dogwood and Nightingale St.) Councilman Silva said that there are in lieu park dedication fees which must be spent in the area and Mr. Musso advised there is another possible site which has been considered. Mr. Lewis also advised that an appeal on the park dedication case will probably be made within the 90-day period. Councilman Silva felt that action should be delayed for 90 days to see what the result of the appeal would be; Councilman Miller suggested that in the meantime an appraisal of the properties CM-24-139 May 24, 1971 (Park Site) be obtained to assess the cost, including develop- ment and future maintenance, before action is taken. Councilman Miller made a motion that the financial situation be de- termined with an appraisal of the cost of acquisition, development and maintenance and operation be made for these locations, seconded by Councilman Silva. Councilman Miller also included the sugges- tion that the staff work with the residents in the area regarding development and maintenance of the proposed site. The motion was approved unanimously. * * * CUP & SITE APPROVAL (Intermark) Consideration of the CUP for a mobilehome park and site plan approval submitted by Intermark Investing Company was continued from the meeting of May 3, pending review of park design and clarification re- garding park dedication. Mr. Musso reported that the mobilehome park is in general conformance with our proposed new ordinance. It is in a multiple residential zone and is allowed under a Conditional Use Permit presently. The main issue is ~he access to Las Flores Road and the status of the area indicated for parkland. The General Plan indicates a parkway which is the PG&E right-of-way south to U.S. 580. A parkway has been suggested to connect with the shopping center and Las Flores Road. The developer has proposed that the portion indicated public park be part of his park dedication. On the assumption that park dedication means neighborhood park, the matter was referred to LARPD for their opinion. LARPD replied that the area is not acceptable for a neighborhood park. As far as the Planning Commission is con- cerned, the plan is still valid whether it is a neighborhood park or not. The developer does receive density credit although he is not allowed park dedication credit. In regard to the access it would be extended in conjunction with the emergency access to Las Flores Road, which might have to be condemned. Essentially, the matter before the Council is for approval subject to conformance with the new ordinance with the addition of some special conditions regarding access and park dedication. Mr. Musso further stated that LARPD recognizes this area as open space on their master plan but does not choose to participate in a parkway. The City would be re- quired to maintain this parkway. The Council discussed the parkway issue, is it the setback required by the City which is proposed as a parkway, and is this more desir- able than having a setback maintained in a weed and dust free con- dition; the cost of maintenance should also be considered in rela- tion to its use; will the developer maintain the area if given credit as park dedication requirements. Also suggested was the possibility of dedication in perpetuity, with the land made part of the parkway system, however, concern was expressed that the area was too small, and not readily availble for use by the public. The Council discussed the possibility of accepting part of the acreage as park dedication under the condition it will be landscaped to some acceptable extent and the public trailway guaranteed. The City Attorney indicated that a condition could be included that if credit is allowed for this buffer to be part of the park dedica- tion requirement the land could be owned by the developer without conveyance of title, but the public allowed to use it, similar to an open space easement, the agreement established by the CUP. Mr. Barker, representing the developer, stated that they would like to offer the property to the City for parkway, have it count toward park dedication and be devoid of any responsibility beyond that point. Mayor Taylor stated he did not feel it would be in the best interest of the City to accept the property for City ownership and dedication if the park district says it does not look enough like a park for CM-24-l40 May 24, 1971 them to develop it as a park, and it would ben- efit the residents of the mobilehome park much more than anyone else because they are adjacent to it. He felt it would be reasonable to accept part of that acreage as park dedication under the condition it will be landscaped to some acceptable extent and the public trailway be guaranteed. (CUP & SITE APPROVAL - Intermark) Councilman Silva said if it is part of our parkway system, he did not think it was reasonable to place an undue burden on any de- veloper to develop the parkway system for us, and asked if it could be accepted for parkway dedication and not develop it. Mr. Lewis explained we have a duty to ultimately develop it and make it usable; he felt a reasonable time should be set with an understanding with the developer. If it is accepted for open space, it should be understood by the developer. Councilman Pritchard made a motion to accept the tract map and accept the space as open space for the City, and the motion was seconded by Councilman Silva. Mayor Taylor questioned if he meant this to be part of the park dedication, and Councilman Pritchard replied that according to the City Attorney they should designate it as open space. Councilman Miller pointed out that if they take it as park dedica- tion, not only would the City have to maintain it, but the would lose $330 per unit for other park space; open space need not al- ways be public open space, it could be agricultural or otherwise, and it doesn't cost any money. This strip is required because the developer is required to have a setback, and if the Council specifies it should be landscaped and is a required setback, it does not have to be dedicated to the public; there is no public access. Councilman Silva stated his reason is they may, at some future time, wish to extend this strip to Las Flores Road as part of the parkway system and would not be able to do this if the developer were allowed to landscape and maintain it. Mayor Taylor stated he was willing to accept the strip as a part of the park dedication requirements if it is going to be maintained, and allowed as a public access, as there is advantage to the park in having that strip and asked Mr. Barker if this would be agree- able to them. Mr. Barker replied they would like to offer it to the City for parkway, have it count toward park dedication and be devoid be- yond that point of any responsibility for it. Mayor Taylor asked the Council if they were willing to accept this parkway without any utilities; he felt it would be more logical to . have a watering system built with the original development, and Mr. Barker stated they would be happy to stub out utilities to the strip from the mobilehome park and make them available. Councilman Miller stated if they would accept the strip as public parkway there would have to be twenty feet setback. Mr. David Madis, Attorney at Law, referred to the Northeastern Annex No.2 agreement, dated June 7, 1962, between the City and Marnel Development Company, with reference to the paragraph that in the event the owner is unable to acquire the necessary rights- of-way or easements the City agrees to institute condemnation proceedings to acquire the same with all cost, expenses and at- torney fees to be paid by the owner. It also provides that the owner may recommend an attorney to proceed with the condemnation; and further provides that this is binding upon the heirs, successors CM-24-l41 May 24, 1971 (CUP & SITE APPROVAL - Intermark) and assigns which would include the subsequent property owners. Mr. Madis stated they would re- quest that the City pass a resolution as to the descriptions and necessary requirements to provide for the emergency vehicular access and including the extension of the parkway to Las Flores which must cross over another owners property; they would also ask the City in that resolution, of necessity and convenience, to allow the development of the 36 foot wide portion of the 72-foot wide street proposed for the other side of the property. The property as it is presently constituted, is without access because when the highway was widened that access was taken. Mr. Madis asked that the Council pass such a resolution and further stated his applicant would pay for any condemnation proceedings to provide for the access over to Las Flores, includ- ing the parkway. The City Attorney agreed that this was in the annexation agreement and the City has always taken the position that it is binding on the City and all the successive owners and recommended that the Council pass the resolution which he would prepare for the next meeting. Mr. Countryman stated the only reason they are requesting the con- demnation is because they have been unable to obtain any response from the owner although they have made several offers and attempted to make some arrangements. Councilman Silva questioned whether or not it was the right thing to do, to condemn another person's property, and after some dis- cussion along this line the City Attorney advised it is up to the court, and it is the responsibility of the developer to carryon the proceedings and he will abide by the court whatever the judg- ment might be. The City is obligated by the annexation agreement to provide the authority of the City. Mr. Musso stated there was one other thing - with reference to a path or walkway system through the park itself and recommended that if it is required, it should be made subject to staff approval, . as a mobilehome park does not lend itself too well to the system. Councilman Miller pointed out that when the CUP was originally ap- proved Councilman Beebe had voted with the condition that this park would have five-star requirements and strict standards, but none of these have been included in the ordinance or conditions. The Council has not seen the standards for San Leandro as has been discussed or these other requirements and he felt they should not take action before reviewing them. Mr. Musso said that the five-star requirements had been reviewed but they were not items which could be included in an ordinance. Councilman Beebe said he would like to see a provision included that this be an adult trailer park, and if for some reason it is changed in the future, the applicant would have to come back before the Council to show reason for the change. Councilman Silva said he would not be able to vote for such a pro- vision. Councilman Miller said he wanted to see those conditions included which had been discussed to insure high standards for this park as had been expressed by some Councilmen. He wanted to see the conditions in writing before approval. The plan before them was unacceptable to him the way it stands. Councilman Pritchard felt that the Council had delayed long enough and the conditions recommended by the Planning Commission were sufficient. Discussion followed concerning inclusion of a condi- tion that this be a five-star park. CM-24-142 May 24, 1971 Councilman Beebe made a motion to amend the main (CUP & SITE APPROVAL motion that the approval be conditioned upon a -Intermark) review of the specific conditions within two weeks; motion seconded by Councilman Silva and passed 4 to 1 with Councilman Pritchard dissenting. The main motion, as amended,to approve the map subject to review of the specific conditions was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * Action and discussion on the proposed zoning ordinance amendments re Residential Townhouse Development, Section 21.90, was continued for one week. * * * PROPOSED ZONING ORDINANCE AMENDMENT (Townhouse Develop- ment) Mr. Musso explained that the Planning Commission COUNCIL REFERRAL is considering the Council's request to review HIGHWAY SIGNS the sign ordinance in regard to highway oriented signs and continued their discussion until their meeting of June 1. A public hearing will be required by the Plan- ning Commission and the Council if the ordinance is to be amended. Councilman Silva made a motion, seconded by Councilman Pritchard, to direct the Planning Commission to set a date for the public hearing, and it was approved unanimously. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, the first reading of the or- dinance to rezone a site located on the north side of East Avenue, west of Vasco Road from RS-5 to RG-IO District was waived (title read only) and the ordinance was introduced by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * A summary of action taken by the Planning Com- mission at its meeting of May 18, 1971, was noted for filing. * * * Councilman Silva's report regarding revenue sharing was continued to a future meeting. * * * A request from the City of Pleasanton has been received regarding smog control planning for the Livermore-Amador Valley. This item was continued until the meeting of June 7. * * * Councilman Pritchard requested that discussion of his reports regarding City Council policy re residential requirements for Commission/Commit- tee appointments and mobile home fee listing be continued due to the lateness of the hour. REZONING SITE EAST AVENUE WEST OF VASCO (Nelson-OGO) SUMMARY OF ACTION (Planning Comm.) REVENUE SHARING SMOG CONTROL PLAN- NING FOR VALLEY REPORTS RE APPOINT- MENTS-MOBILE HOME FEES CM-24-143 May 24, 1971 (Council Meeting Hours) Councilman Pritchard suggested that the Council consider meeting earlier in the evening so that the meetings would not run so late into the night, or perhaps having part of the meeting from 4:00 to 6:00 p.m. Councilman Beebe suggested that the Council consider a cutoff time at perhaps midnight. Councilman Silva thought that the only way to cut down on the amount of time was to change the town hall type of meeting before the Coun- cil. Often several members of the audience speak on the same item which takes a great deal of time; this could be limited to the open forum. Mayor Taylor stated that the Council members themselves take up a great deal of time in repeating their points. He felt it would be a mistake to cut off the public. After further discussion, Mayor Taylor felt that he would just call for the question whenever he thought the debate was becoming re- petitious. Councilman Beebe felt public hearings should be limited to one hour and then continued. The Council decided it would be best to continue starting the meet- ings at 8:00 p.m. as an earlier hour would be a hardship on some members of the Council. * * * ORDINANCE AMENDMENT RE SOLICITORS ORDINANCE NO. 743 AN ORDINANCE AMENDING CHAPTER 14, RELATING TO MISCELLANEOUS OFFENSES, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION OF A NEW SECTION, SECTION 14.24, TO REQUIRE THAT CANVASSORS AND SOLICITORS CARRY A CERTIFICATE OF IDENTIFICA- TION AND POST A BOND: PROVIDING FOR THE PRO- CEDURE FOR THE ISSUANCE OF SUCH IDENTIFICATION AND THE POSTING OF SUCH BOND On motion of Councilman Beebe, seconded by Councilman Miller, the second reading of the above ordinance was waived, and the ordinance was passed by unanimous vote. * * * ORDINANCE RE MUNICIPAL CODE AMENDMENT RE BUSINESS LICENSE TAXES The City Attorney stated that contractors are in Classification "All on the theory that a contractor is not a technical or professional category, and are in "A" as a general person doing business. On motion of Councilman Silva, seconded by Councilman Pritchard, the second reading of the ordinance was waived and the ordinance shown below was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller ORDINANCE NO. 744 AN ORDINANCE AMENDING CHAPTER 12 OF THE LIVERMORE CITY CODE, 1959, RELATING TO BUSINESS LICENSE TAXES. CM-24-144 The Planning Director informed the Council that recently the Planning Commission on items not the subject of a public hearing has been making a motion; then opening up the matter for dis- cussion which eliminates a certain amount of time. May 24, 1971 MATTERS INITIATED BY STAFF (Council Policy) * * * Councilman Miller referred to past considera- tion regarding converting City vehicles to propane and asked for a report on the status of this matter. MATTERS INITIATED BY COUNCIL (City Vehicles) * * * Councilman Miller referred to the railroad cross- ing at Walnut and 111" Streets which does not have signals or lights, and asked that the staff check into this for report as to what should be done. (RR Crossing Walnut and I Sts.) * * * Councilman Miller referred to the item under (Airway Blvd. the reports from the Public Works Director Extension) regarding Airway Blvd. extension to Kitty Hawk Street. He noted that the cost was $63,000 c,,:k>;J-;~t{~L rather than $30, em as estimated earlier. l-"X':JL * <- The City Manager explained $33,000 was to extend the road all the way to the intersection as discussed by the Council rather than just part of the way for the proposed industrial development. Councilman Silva made a motion, seconded by Councilman Pritchard, to approve the expenditure for the extension, and it was approved unanimously. * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 1: 10 a.m. to an executive session to consider appoint- ments to the Industrial Advisory Board.~ * * * APPROVE ~ r:/L May'" ;' /' I ATTEST -*~ ClIlsoc ~~ J;:<' CM-24-145 Regular Meeting of June 7, 1971 A regular meeting of the City Council was held on June 7, 1971, in the Municipal Court ChambersA 39 South Livermore Avenue. The meeting was called to order at ~:07 p.m., with Mayor Taylor presiding. * * * RO LL CALL PRESENT: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor ABSENT: None * * * PLEDGE OF ALLEGIANCE Mayor Taylor led the members of the City Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES The minutes of the meeting of May 24, 1971, were approved as amended on motion of Councilman Silva, seconded by Councilman Miller and by unanimous vote. OPEN FORUM (Repair of Sidewalks) < ,.. * ?t1~ ~ Samuel A. Telles, 4279 Amherst Way, wished to speak about safety in the streets and referred to three aspects - legal, mechanical and human - of this subject. He felt the City was approaching the mat- ter of sidewalks which need repair in the wrong manner. His understanding is that all of the bad sidewalks could be fixed for approximately $50,000, and submitted that the City was the proper agency to repair these sidewalks. He referred to personal experience regarding repair of sidewalks in the Cities of Hayward and Berkeley. Mr. Telles felt tha~f the sidewalks are not repaired someone will be seriously hur~ killed; the City would not be able to say they did not know the sidewalks were unsafe. He urged that the City focus their attention on this problem. ~,~~' c7~~"~~!~{ ..~ ~~, /~-L//~~ ;ktL.;!f-1-,-CaU'iar~:'I~' (J;,tf d:v4L.... -- L. -* (/ (/ / J ~ Ct.O_D Earl Kerr, 1654 Hollyhock Street, spoke in regard to an article in the newspaper concerning the pro- posed park dedication and comments made by the LARPD. He hoped that the Council would prevail upon Intermark Investing to dedicate that portion adjacent to the 9th tee, including the fountain, for a recreation area. * * (Park Dedication) * * * (Soccer Clubs) Kay Parra, 819 Brennan Way, questioned the recent appropriation to the Atomic Soccer Club and felt this club could not represent Livermore. * * * (Donation- YMCA Lloyd Jansen, 516 Adelle st., stated that the YMCA for Trees) Ecology Club wished to express their appreciation for the cooperation of the City during the term of the operation of their recycling center. He presented a check in the amoung of $65, on behalf of the Ecology Club, which is the estimated cost of trees for planting in the Madeira Way park behind Livermore High School. Mayor Taylor ex- pressed the appreciation of the City and said this was an excell- ent example for the youth of the community. * * * CM-24-146 June 7, 1971 Ray McClure, 5721 Crestmont Avenue, requested (CUP-Intermark ) that the item regarding Intermark's Conditional Use Permit provisions be discussed earlier in the meeting. The Council agreed to removal of this item from the Consent Calendar for discussion prior to the reports. * * * Gilbert Leppelmeier, 748 Wimbleton Drive, spoke in regard to the establishment of a percent li- mitation on the number of mobilehome units to be permitted in the City in respect to the total number of residential units. (Limitation on Number of Mobile Homes) Mr. Leppelmeier stated that at the public hearings on this subject before the Planning Commission and the Council it had been made clear that allowing mobilehome parks constituted a subsidy through higher density and fees. Unless the Council wishes to change the character of Livermore, the amount paid by every resident of Liver- more must be considered. The cost to the taxpayers for the proposed industrial park, which was allowed in conjunction with the mobile home park near the airport, over the next fifteen years is between $2 and $3 million. The Council must decide whether or not to make the subsidy, and he asserted that it is not in the interest of the community to allow mobilehomes until present conditions are changed. He requested that no mobilehomes be allowed. * * * The Planning Director explained that the rezon- ing application is for property on the south side of Seventh street between McLeod Street and East Avenue, from RL-5-0 to RM District, submitted by H. J. Callaghan. The property backs the subdivision on Brennan Way with two single family homes to the north and residences to the south on McLeod Street. The area is indicated on the General Plan at 8 d.u./acre with the intention for some duplexes and some single family residences. The Planning Commission had considered the alternatives of the RG and RM zoning districts; it was generally considered that higher density would be allowed but there was some concern from the neighbors to the east as to building heights. The Commission concluded that the RG zone would be best as it would provide setbacks to protect the adjacent property owners and a density of RG-12 which would allow a two-story unit with rear yard setbacks of 50 feet. PUBLIC HEARING RE REZONING SO. SIDE 7th STREET (Callaghan) Councilman Pritchard abstained from discussion and vote on this matter as he declared a financial interest in property within 300 feet of the subject property. Mr. Musso stated that this particular General Plan area is bounded by East Avenue, Livermore Avenue, Tesla Road and the PG&E right of way. The area which is indicated as 8 d.u./acre is located along Livermore Avenue to the highway and also property north and south of the downtown area. Mayor Taylor opened the public hearing. Kay Parra, 819 Brennan Way, objected to a two-story building ad- jacent to her single family home. R. M. Callaghan, representing the applicant, said that under RM zoning a two-story single family home with a smaller setback would be built on the property. The application for RM zoning is appro- priate under the General Plan. With the exception of the two resi- dents to the east, the neighborhood is agreeable to the two-story multiple proposed. He felt the request for the RM zoning is a better use than the RG-12 due to the triangular shape of the property. CM-24-147 June 7, 1971 (Public Hearing re Rezoning - Callaghan) On motion of Councilman Silva, seconded by Council- man Beebe, the public hearing was closed by unan- imous vote (Councilman Pritchard abstaining). RG-16, and or nineteen each story. zoning. Mr. Musso explained that the setback for one-story building is 20 feet for RG-12 and 10 feet for 20 feet in RG-IO. Under the RM zoning, about eighteen units would be allowed; 5 ft. setback is required for Only a 5 ft. setback would be required under RL-5-0 Councilman Miller felt RG-IO would be another alternative, as this would allow eight units rather than ten units under RG-12. Mr. Musso stated that RM zoning has been allowed in the area, but the Commission recommended RG to require the additional setback. Councilman Miller made a motion to adopt the Planning Commission's recommendation with the exception that the density be RG-IO rather than RG-12; the motion failed for lack of a second. Councilman Silva made a motion, seconded by Councilman Beebe, to adopt the Planning Commission's recommendation for rezoning to RG-12, which passed by the following vote: AYES: Councilmen Beebe, Silva and Mayor Taylor NOES: Councilman Miller ABSTAIN: Councilman Pritchard * * * CONSENT CALENDAR Smog Control Plan - City of Pleasanton A communication has been received regarding Resolu- tion No. 71-71 of the City of Pleasanton concerning a smog control plan for the valley communities. This item was removed from the Consent Calendar for discussion later in the meeting. * * * Park Dedication A communication has been received from James Fales, City Manager of Pleasanton, regarding the recent park dedication case and its conclusion and commend- ing the City Attorneys who prepared the case. Councilman Miller requested that a resolution similar to the one prepared by Pleasanton be prepared by the staff for adoption by the Council. RESOLUTION NO. 57-71 A RESOLUTION THANKING THE CITY OF WALNUT CREEK, ITS CITY ATTORNEY, AND OTHER PARTICIPANTS IN THE SUCCESSFUL DEFENSE OF THE PARK DEDICATION CASE. * * * SACEOA Reports from the City Attorney and the City Manager were submitted to the Council regarding SACEOA. The City Attorney reports that the City may withdraw from SACEOA by giving notice of this intention, however if such should be the case the formation of a Community Action Agency would re- quire certain population densities, 100,OOOfor a City, which is far above our population count. * * * LARPD re A report from the Livermore Area Recreation and Park Park Sites District regarding park site acquisitions recommenda- tions has been received by the Council. It is recom- mended that this matter be referred to the Planning Commission. This item was removed from the Consent Calendar for dis- cussion later in the meeting. CM-24-148 June 7, 1971 A report has been submitted by the Public Works Report re Power Director regarding high voltage power line stand- Line Standards ards. It is recommended that the present policy requiring steel power line standards be repealed to permit use of stained grey poles. This item was removed from the Consent Calendar for discussion later. * * * A report from the Public Works Director has been prepared regarding sidewalk repairs. This issue was raised at the last meeting by a concerned citizen, Viktor Hampel. Since the repair of the sidewalks constituted a public volving expenditure of public funds, the program in the forthcoming budget sessions. * * * A report has been prepared by the Beautification Committee regarding the purchase of additional litter containers. This matter was removed from the Consent Calendar for discussion later in the meeting. * * * Report re Sidewalk Repairs works project in- should be considered Report re Litter Containers All the required documents are in order and the Public Works Director recommends that Tract 3239, containing 43 lots and located in the Wagoner Farms area, north of Katrina Street and Charlotte Way, be processed. The following resolutions were adopted authorizing execution of subdivision agreement and accept- ance of bonds and map of Tract 3239 (Christopher Land Co.) RESOLUTION NO. 58-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3239 RESOLUTION NO. 59-71 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3239 * * * The County requires passage of a resolution es- tablishing a no-parking zone on East Stanley Blvd. from Isabel Avenue to the Arroyo Mocho bridge in accordance with previous action by the Council. RESOLUTION NO. 60-71 A RESOLUTION PROHIBITING PARKING ON A PORTION OF THE SOUTH SIDE OF EAST STANLEY BOULEVARD BEGIN- NING 375 FEET WEST OF NANCY STREET AND ENDING 250 FEET EAST OF WALL STREET. * * * Resolutions authorizing the Mayor's signature on checks issued by the City from the Crocker- Citizens National Bank, Livermore Branch and the Bank of America National Trust and Savings Association, Livermore Branch, are necessitated by the recent change in the office of Mayor. Agreement and Map Tract 3239 - Christopher Land Co. No-Parking Zone - East Stanley Blvd. Resolution Author- izing Mayor's Signature CM-24-149 June 7, 1971 (Mayor's RESOLUTION NO. 61-71 Signature) RESOLUTION ADOPTING A MECHANICAL METHOD FOR SIGNING OF CHECKS, SELECTING A DEPOSITARY AND PROVIDING FOR THE NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS AND THE METHOD OF THE SIGNING THEREOF RESOLUTION NO. 62-71 RESOLUTION ADOPTING A MECHANICAL METHOD FOR SIGNING OF CHECKS, SELECTING A DEPOSITARY AND PROVIDING FOR THE NAMES OF THE OFFICERS AUTHORIZED TO SIGN CHECKS AND THE METHOD OF THE SIGNING THEREOF Appointments to Industrial Advisory Bd. (Tlecke, Uthe, Nordyke,Bozzini and Hampton A RESOLUTION APPOINTING MEMBERS ADVISORY BOARD. Resolution re Easement Condemnation * * * The following resolution was adopted regarding the appointment of five members to the Industrial Advisory Board. RESOLUTION NO. 63-71 TO THE INDUSTRIAL * * * In connection with the design of the site plan for the proposed Intermark mobilehome park development, condemnation of the portion required for public easement is required. All costs associated with this condemnation will be borne by the developer. RESOLUTION NO. 64-71 RESOLUTION AUTHORIZING AND DIRECTING CONDEMNATION IN FEE SIMPLE ESTATE, FOR PUBLIC STREET AND RELATED PURPOSES, OF A STRIP OF LAND 36 FT. IN WIDTH BEGINNING AT A POINT ON THE EASTERLY LINE OF BLUEBELL DRIVE, APPROXIMATELY 800 FT. EAST OF THE INTERSECTION OF BLUEBELL DRIVE AND LAS FLORES STREET, IN THE CITY OF LIVERMORE, SAID STRIP OF LAND RUNNING THENCE APPROXIMATELY 500 FT. SOUTHEASTERLY; AUTHORIZING AND DIRECT- ING CONDEMNATION OF AN EASEMENT, FOR EMERGENCY VEHICLES, OF A STRIP OF LAND 50 FT. WIDE, BEING A PORTION OF LOT 299, TRACT 2370, LIVERMORE, CALIFORNIA. * * * Communication re Mobile Home Park Taxation (Senator Bradley) Beautification Committee Minutes Exempt Business Licenses CM-24-150 A communication has been received from Senator Bradley regarding mobile home parks and associated taxes. Senator Bradley does not agree with the pro- posal to tax mobile homes in the same ratio as single family residences. * * * The minutes of the meeting of May 18 of the Beauti- fication Committee were acknowledged and filed. * * * Applications for exempt business licenses were approved for the following: Livermore Valley Post 7265 - VFW-sale of food and beverages during rodeo, June 12 and 13 Livermore Rodeo Association - conduct of rodeo on June 12 and 13 Livermore Junior Women's Club - various fund raising activities during the year June 7, 1971 Amador Valley Chapter - Order of DeMolay- (Exempt Licenses) sale of food and beverages during parade on June 12. * * * On motion of Councilman Pritchard, seconded by Councilman Silva, and by unanimous vote, the items on the Consent Calendar were approved with the exception of those items which were removed for later discussion. Approval of Consent Calendar * * * Mrs. Lee Canterbury, 3181 East Avenue, questioned (Exempt Business the Council as to who or what entity was in Licenses) charge of the sale of food and beverages during the rodeo performances. It was stated that the Rodeo Association would probably be the entity, with the possibility that the Recreation District would have some say since the park is owned by the District. * * * The Planning Director explained that the matter of the Conditional Use Permit for Intermark In,.. vesting was continued in order that the members of the Council might review the written condi- tions. Last week he advised the permit would be in conformance with the items listed in the Planning Commission's recommendation and also the proposed City ordinance. He has re- viewed the conditions of the Planning Commission - the standard conditions that are used on a permit, and extracted the conditions from the ordinance which are particularly pertinent to this appli- cation and eliminated everything that was irrelevant and every- thing that was not on the map. Mr. Musso further stated the per- mit covers all the points brought up; they did indicate a pathway system, but it is only suggested, and would be up to the final approval as the design of fences, walls and exterior landscaping. CUP - Intermark Investing (Mobile Home Park) Councilman Miller asked about the width of the pathways, and felt a standard should be set, and Mr. Musso stated there has been no discussion on the width - the idea is to have a sidewalk yet allow it to be interior rather than adjacent to the street. Mr. John Barker, Associated Professions, representing the applicant, stated they had been informed sidewalks adjacent to the curb for the purpose of allowing pedestrians to walk down one side or the other of roadways would be adequate to which they were agreeable and he felt that a width of three to four feet would be fine, and they assumed the landscaping would be done in the front yard areas in back of the sidewalk. Councilman Beebe suggested a 4-foot width; Councilman Miller agreed this would be adequate for the walkway, but wondered about the width of the landscaping, inasmuch as this would be the responsi- bility of the developer rather than the tenants of the trailer park as they would not be able to impose the condition of landscaping upon the renters. The Council discussed the landscaping and what requirements should be imposed inasmuch as the permit states that open areas shall be landscaped or otherwise maintained in a dust free and fire safe condition. Mr. Barker stated it was their intention to have the normal treat- ment of a five-star mobilehome park, which is that the individual front yards would be landscaped by the tenants very similar to a single family residential development; the developer will require in the conditions that the tenant landscape the areas nicely. CM-24-151 June 7, 1971 (CUP-Intermark) The Council agreed that the walk should be four feet wide with the requirement that it be land- scaped for at least four feet on each side, ex- cept in the case where the sidewalk is next to the street; then it can only be landscaped on one side. Mayor Taylor added that this is not to be misinterpreted that the City wants a specially set aside landscaped strip to parallel the walkway as that would detract from the development. Councilman Miller stated there were other conditions which he wished to have imposed on the CUP which are included in the Wood- all Five star Park regulations and some are set forth in the con- ditions for mobilehome parks by the San Leandro Planning Commission, as follows: 5 c 5 f 5 h 5 i ~ ~~) ~ ~~) 4. 5. 6. 7. 11. 16. 18. 22. 25. There shall be a sidewalk from the trailer to the street Patios shall be at least 8 x 30 ft. All Trailers shall have skirts There shall be awnings, cabanas and porches on all trailers Hitches shall not be visible There shall be a recreation hall that has a kitchen and tiled bathrooms There shall be late models Play space for kids and pets All utility service should be underground in the interior There shall be no exterior TV antennas Garbage cans shall be enclosed Water faucets shall be on each lot Landscaping should be with living plants Landscaping plus wall around the whole park Boat and trailer storage area screened Utility connection screened from public view No children allowed Councilman Miller indicated that these were generally listed as the items are actually more detailed. Mayor Taylor asked if the Council wished to discuss each item; however Councilman Beebe stated these were all good conditions and should be included. Mr. Barker was asked if there were any objec- tions to these conditions to which he replied there was only one, with regard to the 8 x 30 ft. patio; they would like the option of a raised deck. It was pointed out that there is that option. Councilman Beebe made a motion, seconded by Councilman Pritchard, that the above list of conditiorobe added to the other conditions of the permit. Mayor Taylor referred to the condition that no children be allowed; he pointed out that the park management can require this but the City cannot enforce such a requirement as part of the ordinance. Councilman Beebe said that in San Leandro a permit was applied for in accordance with the Woodall Five-Star provisions and granted on this basis with the condition that if or when the policy was changed the owner must come back to the Planning Commission and Council to show that the necessary amenities had been provided for the children. Councilman Silva stated that he would not support granting a permit with the "no children" clause as he felt it was discriminatory against families with children. Mayor Taylor pointed out that there would be a long period before a school could be provided in this area. The City Attorney advised that the City can neither require or deny the park to have children; however, if children are permitted, whatever the age may be, it is a function of the Council to require that adequate play area be provided. CM-24-l52 Mr. Barker stated that the operator intends to make this a five-star park for adults only. June 7, 1971 (CUP-Intermark) Councilman Miller read from the Woodall list of requirements which state that if pets and children are allowed there must be a place for them to run and play without cluttering the streets and yards, and further state that most five-star parks are for adults only. The motion to add these provisions to the other conditions of approval as stated in the draft permit was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Miller and Mayor Taylor Councilman Silva Mr. Musso asked whether the Council would like to state its position in regard to the park dedication. Mayor Taylor stated he felt the question of the strip of parkway being accepted for public park, to be improved and maintained in perpetuity by the City, should be discussed further. Councilman Silva said this is proposed for a parkway; the money can be accepted for park dedication and then this strip purchased for the parkway, or the money can be used for parkland in the area. Mayor Taylor stated his major concern was about the cost of main- tenance; if the property owner developed this strip, it would serve his development. Councilman Silva said that it must be decided whether the parkway will be completed all the way or if part might be eliminated due to cost. If it cannot be completed, then the in-lieu fees should be accepted. Any parkway north of this property cannot be required under a subdivision development. Councilman Pritchard felt it should be decided whether the parkway is desirable as it has been shown on maps, with the concurrence of LARPD. It should be decided if the City wants this parkway and the means for obtaining the land. Councilman Miller suggested that a bicycle path with a five to seven foot easement along the south as a condition of this CUP be required; the maintenance would be low and the developer has to landscape anyway. It would not have to be counted as a part of park deducation. Mr. Lewis said there is a permanent fence along the back so the trailer park would not have access to this path; he did not see that the trailer park development could require dedication of the property to the public; there would be difficulty in justify- ing this requirement. Mr. Musso felt the justification would be a density transfer to provide open space. The Council's action of the previous week had given the developer credit for density transfer and park dedication. Mr. Lewis said that for clarification, density transfer is justi- fication in a CUP or subdivision for a condition for open space but it cannot be taken further and used for dedication of land for public use. Mr. Barker pointed out that the applicant was not asking for density transfer for the public park area indicated. The units allowed had been calculated at 133 or 137 units. The Council discussed the use of park dedication land and in lieu fees. Councilman Miller felt the money should be used to provide CM-24-l53 June 7, 1971 (CUP-Intermark) for park in the area, not other parts of the City, as this was the purpose of the park dedication re- quirement. Councilman Silva felt that if the park is accepted as designated then the parkway would be necessary to connect with the shopping center; however, the triangle could be eliminated and in lieu money accepted. Mayor Taylor stated that a ten foot easement should be required along the bottom next to the property line, and the rest should be used for park dedication somewhere else. Mr. Lewis said that heretofore the courts have required that dedi- cation of the property must be justified by the burden that this particular development creates. If testimony reveals that this development creates pedestrian traffic then it might be justified to dedicate this parkway or easement. Mr. Barker said the applicant was offering simply what had been shown by the City for many years as open space for the trailway. Joe Urban, 1758 Broadmoor Street, said the PG&E easement is lim- ited in use. The park dedication money could be used in other areas to better advantage. Councilman Pritchard made a motion that this parkway strip along U.S. 580 be eliminated from this plan and City maps and that the City accept in lieu park fees as an amendment to the conditions; the motion was seconded by Councilman Miller. Mr. Musso explained that the original concept was to use the PG&E right of way to tie the area together; elimination of this parkway would not change the original idea. Councilman Silva said if this part of the parkway is eliminated, then he did not see how the rest of it could be worked out. Ray McClure, 5721 Crestmont Avenue, said there is a good deal of concern by the residents of Greenville North about the park situa- tion. Negotiations will be made to turn the present swim club over to the LARPD for operation. In general, people in the area favor the use of the strip under the power lines as a connecting link. The motion to eliminate the parkway strip along U.S. 580 and accept in lieu fees as an amendment to the conditions of the CUP passed 4 to 1 with Councilman Silva dissenting. Councilman Pritchard made a motion, seconded by Councilman Beebe, to approve the Conditional Use Permit with the conditions as amended. After further discussion, Councilman Pritchard amended the motion to eliminate the condition that the park be limited to adults on the grounds that it is illegal. The amendment to the main motion passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor The main motion to approve the CUP was then passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor Mayor Taylor said the map would have to be redrawn to meet these conditions and approved by the staff so long as it is in conform- ance with the conditions. * * * CM-24-154 June 7, 1971 Mrs. Trudeau stated she had additional informa- SACEOA tion regarding SACEOA and felt a locally based program would be helpful. Mayor Taylor request- ed that she pass this information on to the City Attorney. Kay Parra, 819 Brennan, remarked about the organization of SACEOA and gave several complaints about SACEOA. She felt the Council should investigate this matter seriously. Mayor Taylor pointed out that the matter before the Council is consideration of withdrawal from SACEOA and forming our own CAP. The City Attorney has been requested to look into this matter of withdrawal, and will report further. Councilman Silva requested that ways of forming a district of 100,000 people to qualify according to the provisions of the law be further investigated as he favored a local organization if it can be done. * * * A report has been received from the Public Works Director regarding planted median strips along the major City streets and the cost of construction and maintenance of these areas. REPORT RE MEDIAN STRIPS It is recommended that this matter be referred to a study session, and Councilman Miller suggested that a copy of the report be sent to the Beautification Committee for their review. After further discussion, it was decided to include this item on the agenda at one of the shorter meetings in July for about a one-hour discussion. Councilman Silva thought that this might be discussed in connec- tion with the budget session, but Mayor Taylor stated that during the budget session a decision for the coming year could be made but a long range policy should be set after more careful consider- ation. Mayor Taylor pointed out that the report calculated a $.50 rate for maintenance for the parks, and this was the same as the total for the park district. * * * The Planning Commission has considered rezoning of property located on the northeast corner of North Livermore Avenue and Portola Avenue from RL-7 and RL-10 Districts to residential districts provided by Zoning Ordinance and PD District. REZONING NE CORNER NO. LIVERMORE AND PORTOLA AVENUES On motion of Councilman Silva, seconded by Councilman Miller, and by unanimous vote, the public hearing was set for June 21. * * * Mayor Taylor explained that the provlslons of this section regarding townhouse development had been drawn up by members of a joint com- mittee, including Councilman Beebe and himself; then it had been considered by the Planning Com- mission which had accepted all of the provisions except one involving setbacks. AMENDMENT ZO - SEC. 21.90 TOWNHOUSE DEV. The Planning Director explained the discussion involving the setbacks, and stated the Planning Commission had concluded that there is a necessity to have some landscaping in front. The setback, in regard to the front and rear building line, would have to have at least one 10-foot setback which would probably be in front. An enclosed garage fronting a driveway would have to be set back 20 feet. CM-24-155 June 7, 1971 (Amendment Sec. 21.90) Mr. Musso referred to the mlnlmum driveway im- provement (Item 21.93 B) and suggested that additionally a concrete curb be required. Councilman Miller suggested that the Planning Commission, City Attorney and staff should be directed to add provisions to define and separate townhouses and condominiums, so that they could not be developed in evasion of the townhouse ordinance~ After dis- cussion Councilman Miller made a motion to this effect, seconded by Councilman Pritchard, and p<;l-ssep unanimously. '~fh<.-L(t-?1f~'r T ,7-1 . -d<~c...;'~ 7' ~ 4~~~~' ~~7)(... '7t'~;I",I'Z.' .' . t# {).JJ,z;f, (Jl;j'.:A:.R.A~ The staff was directed to prepare an ordinance fo;1lntroduction at the next meeting with the noted change. PLANNING COMMISSION SUMMARY REPORTS ( Council Policy re Appointments) * * * The summary of action taken at the Planning Com- mission meeting of June 1 was acknowledged and filed. * * * Councilman Pritchard stated he would like to re- commend that Council policy be changed to allow appointments to all the committees/commissions, with the exception of the Planning Commission, not be limited to just residents of the City. Councilman Miller did not feel that those who do not pay taxes to the City should serve on the committees. There should be enough qualified residents to fill the appointments. After discussion, Councilman Silva made a motion, seconded by Councilman Miller, to adopt the policy that appointments to the City's Committees/Commissions would be filled by City residents only. The motion was passed by the following vote: AYES: NOES: Councilmen Silva, Miller and Mayor Taylor Councilmen Beebe and Pritchard (Mobilehome Fees) * * * Councilman Pritchard said his intent in requesting the staff to report on mobilehome fees was to in- vestigate the possibility of collecting fees from mobilehomes to compensate for taxes paid by single family houses. He questioned whether a mobilehome connection fee could be collected, but the City Attorney advised that a special fee cannot be levied on one class of users. Councilman Silva asked if the sewer service fee could be increased as the mobilehomes do not pay the entire cost of the water reclama- tion plant which is borne by ad valorem taxes. The City Attorney was asked to investigate this possibility and other means of collect- ing additional fees from mobilehomes. Councilman Miller asked the City Attorney if it was true that a special business license tax classification for mobilehomes cannot be made, and Mr. Lewis replied that this is true as the classifi- cations cannot be discriminatory. PRO POSED ZONING ORD. AMENDMENT (Sec. 2l. 00 MObilehomes, Trailer Parks) CM-24-156 * * * A proposed zoning ordinance amendment has been pre- pared regarding mobilehomes, trailers, travel tra~l- ers, and recreation trailer parks (Sec. 21.00). The Council agreed to postpone introduction of this or- dinance amendment so that the provisions adopted as discussed and in the CUP application for a trailer park by Intermark Investing could be incorporated into the amendment. June 7, 1971 (ZO Amendment- Sec. 2l. 00) In regard to the establishment of a percent limitation for the number of mobilehome parks, the City Attorney advised that this should be made a part of the General Plan rather than a part of the ordinance; also the City Council should discuss whether certain areas would be designated as being suitable for mobile- home park use. Discussion of these items was set for the meeting of June 14. Mr. Lee, 622 Bentley Place, addressed the Council regarding mobile- home fees, and stated the logical way to approach equal taxation would be to ban mobilehomes until the method of taxation is changed. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, the first reading of the pro- posed ordinance rezoning the northeast corner of Hillcrest Avenue and East Avenue to CN, RS-5 and RG-16 Districts was waived (title read only) and by unanimous vote the ordinance was introduced. * * * On motion of Councilman Silva, seconded by Coun- cilman Miller, the first reading of the proposed ordinance regarding Municipal Code amendment of Section 6.18 to delete reference to the 1958 Uniform Building Code was waived (title read only) and by unanimous vote the ordinance was introduced. * * * A motion was made by Councilman Silva, seconded by Councilman Pritchard, to waive the second reading and by the following vote, the follow- ing ordinance was passed: AYES: Councilmen Beebe, Pritchard and Silva NOES: Councilman Miller and Mayor Taylor ORDINANCE NO. 745 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMEND- ING SECTION 3.00 THEREOF, RELATING TO ZONING. * * * PROPOSED ORDINANCE RE NE CORNER HILLCREST & EAST AVE (Lincoln et al) MUNICIPAL CODE AMENDMENT (Sec. 6.18 to Delete Reference to 1958 Uniform Bldg. Code) ZONING ORDINANCE AMENDMENT-REZONING NO. SIDE EAST AVE. (Nelson/OGO) Resolution No. 71-71 from the City of Pleasanton SMOG CONTROL regarding a smog control plan was removed from PLAN TO VPC the Consent Calendar for discussion concerning action to request the Valley Planning Committee to investigate air quality control standards for the Valley. Councilman Silva suggested deletion of Item 2, regarding setting of ceilings for industrial and commercial development consistent with air quality standards. Mayor Taylor felt the VPC should not back away from this problem but should take a look at the problem; we could not just look at Livermore and set limits, and this was a chance to work this out for the Valley. Councilman Silva felt that the City should request this information directly from the BAACPD rather than refer it to the Valley Plan- ning Committee. CM-24-157 June 7, 1971 (Smog Control Plan to VPC) gain a majority Councilman Miller made a motion, seconded by Mayor Taylor to adopt a resolution similar to the City of Pleasanton referring these questions to the Valley Planning Committee; the motion failed to by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman Silva made a motion that the Council contact the BAAPCD regarding questions on the desired holding capacity of our General Plan area and a letter written requesting the City of Pleasanton to write a joint letter for their planning area and also the County, with a copy to the VCSD, seconded by Councilman Beebe. The motion passed four to one with Mayor Taylor dissenting. REPORT RE POWER LINE STANDARDS (60,000 KV) * * * Discussion of the report submitted by the Public Works Director regarding a change in the policy requiring steel poles for high voltage (60,000 Volt) power line standards was removed from the Consent Calendar. The Public Works Director said that he felt the Council should re- view the cost of the steel as compared with grey stained poles and the advantages of both. Councilman Silva made a motion, seconded by Councilman Pritchard, to allow modification of the standards to allow stained grey wood poles for high voltage (60,000 Volt) power lines, and passed un- animously. REPORT RE LITTER CON- TAINERS MATTERS INITIATED BY STAFF (Budget Session) MATTERS INITIATED BY COUNCIL (Tax Relief) * * * The Beautification Committee submitted a report regarding purchase of additional litter containers. The Council discussed whether this item had been approved and budgeted; the City Manager was re- quested to check and report the status on the agenda for the next meeting. * * * The City Manager requested that the date be set for the bud~et session and the Council decided upon June loth at 9:00 a.m. at the Rincon Fire Station. * * * Councilman Beebe suggested that a resolution be adopted and telegrams sent to our representatives, Speaker of the House and Speaker of the Assembly asking that meaningful tax relief measures be passed to aid homeowners and the elderly taxpayers of the State of California. Councilman Beebe made a motion, seconded by Councilman Pritchard, to send these telegrams urging action, and passed unanimously. (Elected Mayor) * * * Councilman Pritchard referred to the issue of an elected mayor and pointed out that the cities of Alameda and Newark have elected mayor form of government. He felt the residents of Livermore should have an opportunity to decide on this issue, and wished to see a resolu- tion adopted to put this issue on the ballot for the next election. Mayor Taylor suggested that this item be included on a future agenda for discussion and that the report which had been prepared be reviewed. CM-24-158 * * * June 7, 1971 Councilman Pritchard stated a major property (Parking-South I St.) owner at the South I and 3rd Street intersec- tion would like to have diagonal parking on South I street between Third and Fourth streets. Mr. Lee advised that a study has just been completed on that intersection, and the survey reveals that the traffic there is very heavy and because of this diagonal parking would be disruptive and would be a step backwards; also there are one or two stalls open at all times. The area is becoming more commercial which makes the need for good traffic flow more important. * * * Councilman Silva felt a letter received from LARPD indicated they had misunderstood the ac- tion of the Council with regard to the parkway strip in the mobilehome park. (Communication re Parkway-LARPD Mr. Musso explained they were responding to his letter, as the original proposal by the developer was that they be given credit for their park dedication. In the park dedication policy, it has always been neighborhood or community park; there has never been a thought, with one exception, of crediting park dedication to parkway as it was supposed to be density transfer or other means. Councilman Silva stated a letter should be directed to LARPD advising them that the majority of the Council indicated last week they did not wish that to be used as a neighborhood park but as a parkway and he did not think the Recreation District maintained the parkway system. Councilman Miller stated that the point LARPD wanted to make is they did not believe this was the proper use for park dedication; however, Councilman Silva did not feel this was improper use of park dedication monies, and he wished a letter directed to LARPD to clarify the Council's intent that this not be used as a park but as a parkway requiring minimal development which the City would maintain and improve. * * * Councilman Silva stated he had noticed several (Street Trees) homes which did not have trees, probably because of problems with the sidewalk they had been cut down and not replaced. He wished to point out that he did not feel we should require anyone, after initial development which requires one tree, to replace a tree that for any reason is down; he felt if a property owner did not desire a tree, this should be his right and he would like to have the policy changed, that after five years if the tree comes down it does not have to be replaced, and after considerable discussion, made a motion that this sugges- tion be adopted, however the motion failed for lack of a second. * * * Councilman Miller stated there is a bill before (Legislative Bills) the legislature about a tippler's tax and liquor license fee and these are sources of revenue for the City. He suggested that alctter be addressed to the appropriate legislative committee asking for their adoption; however, Council- man Pritchard stated that the hearing was today, and it was too late. Councilman Miller stated there is also a bill (AB 2294) to eliminate the cities option to prohibit trailer parks, and they should oppose this bill if they want to set a percentage for trailer parks. The League of California Cities is opposed to this bill as it takes away some of the power from the counties and cities. CM-24-159 June 7, 1971 (Legislative Bills) (Junkyard) Mr. Lewis advised he would be in Sacramento the next day and would direct a letter to the chair- man of the committee. * * * Councilman Miller asked when Mr. Lounsbury will be required to conform to the court's judgment that the junkyard be terminated. Mr. Lewis stated there had been no reply from the District Attor- ney's office, but his attorney feels he has complied with the specific terms of the judgment. Councilman Miller asked Mr. Lewis if he would check into the matter. (Water Rationing) * * * Councilman Miller inquired about a report regard- ing water rationing and what the situation would be should this occur. Mr. Parness advised that the City had appealed to Zone 7 as the agency would amass this data and had asked the Zone 7 staff to give our City some guidance. They are gathering the information, but it has been delayed due to the illness of one of their princi- pal staff members. (Non-Returnable Councilman Miller asked about the report concerning Bottles) the ban on non-returnable bottles and mentioned that the state of Oregon has adopted such a bill, and Mr. Lewis advised he would have a report soon. (Trees- Struthers) Councilman Miller inquired about the trees in front of Mr. Struther's property as the Council had speci- fied 2-inch caliper trees. Mr. Lee advised that there was evidently some misunderstanding; the trees were checked in the nursery, but the trees which have been planted are not 2-inch caliper and he was checking into this. (Smog) ADJOURNMENT CM-24-160 Councilman Miller stated that the Air Pollution Control District points out that Livermore has the highest smog level in the Bay area, with very high oxident levels. * * * There being no further business to come before the Council, the meeting was adjourned at 12:40 a.m. to discuss litigation. ATTEST ~ Liver~' e,~rnia * * * Regular Meeting of June 14, 1971 A regular meeting of the City Council was held on June 14, 1971, in the Municipal Court ChambersA 39 South Livermore Avenue. The meeting was called to order at ~:10 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Miller and Mayor Taylor ABSENT: Councilman Silva RO LL CALL * * * The minutes of the meeting of June 7, 1971, were approved as amended on motion of Council- man Beebe, seconded by Councilman Pritchard, by unanimous vote. MINUTES * * * Mayor Taylor read a letter which was being sent SPECIAL ITEM to the Mayor of our Sister City Quezaltenango and introduced Mr. Gabriel Rodriguez from Guate- mala. Mr. Rodriguez addressed the Council and expressed his appreciation for the hospitality shown him during his visit. * * * COUNCILMAN SILVA WAS SEATED AT THIS TIME. * * * Katie Richardson, 510 Junction Avenue, stated she felt that the Council should open the meet- ings with prayer for divine guidance and the Pledge of Allegiance. OPEN FORUM (Taxes) Mrs. Richardson referred to the problem of rising taxes, in particular the rate to be set for the City at the budget hear- ings. She expressed her objection to the City subsidizing private organizations with taxpayers money, and said she hoped that the Council would open the budget session with prayer for guidance. * * * Don Watson, 987 Via Seville, requested the Coun- (Valley Planning cil to reconsider designating the Valley Plan- Committee) ning Committee as the agency to study air pollu- tion and the holding capacity for the Valley, as suggested by the City of Pleasanton. This issue had been brought before the Pleasanton Council by Mr. Gerton who, as a member of the BAAPCD, had studied the problem first-hand. The Pleasanton City Council had acted upon this issue after considerable study. Mr. Watson expressed his reasons for urging that the Valley Com- mittee be assigned this responsibility and said comprehensive environmental planning must be implemented. All of the govern- ments of the Valley, when acting jointly, have an excellent chance to be asked to participate in the planning decisions which will be made by regional or state authorities. For this reason he asked that the Council reconsider action in this regard. Mayor Taylor proposed that the BAAPCD be asked to send a repre- sentative to talk to the Council and present technic~information. * * * CM-24-161 June 14, 1971 Mr. Viktor Hampel, 1143 Canton Avenue, presented a request signed by Perry C. Norman, 1091 Madison Avenue, and himself, for disclosure of all de- fective sidewalk locations identified by the City and other pertinent records not later than June 16, notarized by the Superintendent of streets and/or Director of Public works, in legally valid form. This request also referred specifically to injury of a resident on June 5, 1971, and subsequent discussion at the Council meeting of June 7, and a letter written by Mrs. Perry C. Norman on June 9. Further, it was requested that all magnetic tapes from the meetings of May 24, June 7, June 14, and future meetings or sessions dealing with the City sidewalk disre- pair be kept until the legal and financial obligations of the City and residents in this regard are decided. (Sidewalk Repair) * * * (Penalty for Defacement of Property) Robert Allen, 223 Donner Ave., spoke in regard to defacement of public property, and asked for con- sideration of increasing the penalty for such action or perhaps paying for information regard- ing this action. * * * ~udget) Mr. Allen also asked that the enterprise funds, which total about $1 million be examined, and the rental or leasing of such facilities (golf course, airport and water reclamation plant) to private enterprise be considered. * * * PUBLIC HEARING RE REZONING PORTOLA AVENUE (Ensign Bickford Company) , A rezoning application submitted by Ensign Bick- ford Company (Associated Professions, Inc.) for property located on the north and south sides of Portola Avenue and the north side of First Street at its intersection with Portola Avenue from RS-3 and Rs-4 Districts to PD District was set for public hearing at this time. Councilman Miller abstained from discussion and vote on this rezon- ing application due to the fact that his residence is within 300 feet of the subject property. John Barker, Associated Professions, introduced Mr. George Stubble- bine, Vice President of Ensign Bickford Company. Mr. Stubblebine said it has been the policy of his company to be acceptable neighbors and due to the controversy in the community over mobilehome parks, he wished to withdraw the rezoning applica- tion of his company for the subject property. He was advised by the City Attorney that zoning could be reinitiated at any time, even on the same subject, if the applicant desired. Councilman Silva made a motion, seconded by Councilman Beebe, to accept the withdrawal of the application by the applicant; motion was approved unanimously (Councilman Miller abstaining). * * * CONSENT CALENDAR Sales Tax Distribution A communication has been received from the City of Woodlake regarding legislative changes to re- distribute the sales tax on population basis. This item was removed from the Consent Calendar for discussion later in the evening. * * * CM-24-l62 June 14, 1971 A communication was received from Viktor Hampel (Sidewalk Damage) regarding damage to the curb and sidewalk from street trees. The Council directed that this item be removed from the Consent Calendar and referred to the City Attorney. The City Attorney was also requested to present his report on this matter and Mr. Hampel's other request to the Council. * * * Departmental reports were submitted as follows: Airport - financial and activity - May Building Department - May Fire Department - May Justice Court - April Golf Course - May Planning-Zoning activity - April Water Reclamation Plant - May Departmental Reports Councilman Silva noted that the Golf Course report indicated a profit of $1200 for the month of May. * * * A report was prepared by the City Attorney re- garding the sewer service charges for mobile- homes, as requested by the Council. The City Attorney advised that, in his opinion, higher sewer service charges cannot be made for mobile- homes and trailers on the basis of the fact that mobilehomes do not pay ad valorem taxes to the City. * * * Exempt business licenses have been applied for by the following: Report re Sewer Service Charge for Mobilehomes Exempt Business Licenses Alameda County Deputy Sheriff's Association - telephone solicitation for circus to be held at County Fairgrounds. * Livermore Art Association - annual outdoor art show on June 19 * * One hundred thirty-one claims in the amount of Payroll and Claims $160,252.65 and three hundred fifty-seven pay- roll warrants in the amount of $112,958.89, dated June 9, 1971 were ordered paid as authorized by the City Manager. Councilman Silva abstained from voting on Warrants No. 10872 and No. 10812 and Councilman Beebe abstained on Warrant No. 10861 for their usual reasons. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vot~ the items on the Consent Calendar were approved with the exception of the item that was removed. * * * An appeal was submitted by Rev. Charles A. Hill from the denial by the Planning Commission of a Conditional Use Permit to allow the construction and use of religious facilities on the property located at the end of Nightingale Street. The applicant requested a continuance for thirty days, and the Council was agreeable. Approval of Consent Calendar APPEAL RE DENIAL OF CUP TO ALLOW CHURCH ON NIGHTINGALE (Hill) CM-24-163 June 14, 1971 REPORT RE FOWL AND RABBITS The City Attorney said the Council had received a request to amend the local ordinance which pro- hibits the sale of chicks and rabbits as dyed animals and novelties and prizes to provide for the sale of these animals with the provision that any persons selling these animals retail would be required to accept the return of the animal if the buyer wishes to return it for any reason. The ordinance was adopted some years ago to pre- vent the misuse of these animals. A letter had been received from Glad Sargent, President-Founder of Pets and Pals, regarding the reason for such legislation as is now in force. Mr. Lewis said that he had failed, through oversight, to notify Mrs. Sargent that this matter would be before the Coun- cil, but felt his report would explain the situation. Robert Strobel, 4940 Tesla Road, representing Buena Vista Rabbitry, spoke in regard to comments made by the Poundmaster in his letter addressed to the City Attorney. He was offering to take any rabbit that was unwanted and advertise for new homes for them and care for them until a home was located. He wished to amend the ordinance so that these animals can be sold as pets with the requirement that the seller take the animals back if they are unwanted at a later date. The animals would not be sold or given away as novelty items. Bill Howell, owner of the Pet Palace, said he was interested in the welfare of the pets sold by his store and concurred that rabbits, chicks and ducks are not overly susceptible to disease and can be cared for by a child in an acceptable manner. He would be agree- able to the provision that a retailer accept the animal back if the owner so desired. Councilman Miller felt that these ordinance amendments could be tried for a period of time to see how it works out. Councilman Pritchard asked Mr. Lewis whether the California Penal Code provisions would preempt a local ordinance. Mr. Lewis said the State law specifically prohibits the sale of dyed animals whereas the local ordinance does not state this specifically. The State law states the type of conditions which have to be main- tained in order not to violate the law and our ordinance concerns the general sale as novelties. Councilman Miller made a motion to direct the staff to prepare an ordinance which contains the general provisions as proposed, second- ed by Councilman Pritchard. The motion was amended to include a provision that a report be made by the Poundmaster in one year as to the result of the ordinance and the amended motion was passed by unanimous vote. * * * REPORT RE PUD NO. 15 (Hofmann Co.) The City Council held a public hearing regarding PUD No. 15 (Hofmann Co.) amendment and extension on April 26. At that time the permit was referred back to the Planning Commission for review and comment due to the many changes and amendments made by the City Council of the Planning Commission's recommendation. The Planning Director explained that the biggest change in this submittal is the proposal to use an ordinance rather than a PUD permit which had a time period; on the advice of the City and County the Commission is now proposing an ordinance be adopted. The enabling ordinance, under the provision of Sec. 19.00 - Planned Unit Development Districts, is to come before the Planning Commis- sion on Tuesday, and hopefully, be before the Council next week. Mr. Musso further explained that this ordinance establishes a basic Planned Development District and then a division into Planned Devel- opments, so that in this case the Hofmann Company will be a special zone; it will have its own regulations; it will have its own land CM-24-164 June 14, 1971 use map that will be adopted as a part of the land use plan. Mr. Musso continued that the item before the Council is Section 19.15 which is the Planned Development No. 15, the Hofmann Company Planned Development District. Conditions to approval are as re- commended to the Planning Commission; there is reference to a map which was approved by the Council, and there is a neighborhood commercial area and, very simply, the uses that are allowed and the regulations to the uses are specified by reference to the CN Zoning District. In the Highway Commercial District the uses are as specified; CO Zone the regulations are as specified in the CN Zone - a combination of the two zones was used because of the CO uses and CN regulations because of the greater setbacks, more parking, etc. The Multiple is noted more specifically; the elemen- tary school is noted; also parks A,B,C and D - one required from PUD No. 12; the other from the subject Planned Unit Development permit, to provide recreation area or a volunteer dedication of some open space along Stanley Blvd.-Isabel Avenue, if possible. There are some conditions as to hOlding the elementary school for a period of time; the townhouse residential would conform to the new townhouse ordinance with some special setbacks from single family residences that the Commission requested and as approved by the City Council. There are conditions relative to performance, conditional approval for certain uses, site plan approval for all new uses, some landscaping requirements, analysis of land use, residential density calculations and last there is the time schedule for development which begins by requiring the tentative map of the entire development to be filed by July 1, 1972 with the entire development to be completed by January 1, 1974. (PUD NO. 15) Councilman Silva questioned if the permit spelled out that there is to be only one service station in the highway commercial, and Mr. Musso stated the permit allows one automobile service station subject to approval of CUP; in the neighborhood commercial the ordinance already specifies only one. Councilman Silva pointed out that the permit indicated "only one" service station on one page of the permit, but felt this should be repeated again, and Mr. Musso suggested perhaps it should be stated that "the other service station shall not be permitted until 50% of the foundations of the remaining commercial development are poured". Councilman Miller added that this should mean 50% in the highway commercial before that station is built and 50% in the neighborhood commercial before that station is built so that 1 (c) and 2 (c) would read the same. Councilman Miller stated that in 4 (b) he did not feel that "resi- dential development" is clear to mean construction of dwelling units, which was the intent of the Council as this could mean just development of lots; he intended that all houses be built and then make the count of two years. He suggested that the wording be changed to read, II all residential dwelling units, the land use shall revert..." Mr. Musso stated that 5 (a) should read "Shall be developed..." and 5 (b) read "Park dedicated... II Councilman Miller stated he would like the PUD permit to say what they are, essentially, doing in the annexation policy and which is sort of an agreement with the Rec District; namely, dedicate the park within two years or until all houses in the PUD are constructed, whichever comes later. This would give the City an option so that if they dedicate the land at the time of the final map and then no houses are built for five years, the City would not be committed to develop the park, and asked if this could be added, explaining his reasons, and suggested that in 5 (b) after the words Iltwo years ff! dedication" to add the words, "or completion of construction of all the dwelling units in the PUD, whichever is later". He felt this could be part of the subdivision agreement or written in on the final map when the park is to be developed, but thought it ; safer to put it in the permit now. \ "~ tt:i?1- .,dJ.,. i (' k'. r. tl I CLvt~- \.' l v;J CM-24-165 June 14, 1971 (PUD NO. 15) Mayor Taylor stated the reasoning behind this is that LARPD is in a bind for budgeting for developing parks, and this would allow two years after the last house is built for development of the park. The City Attorney stated that the Court in the Walnut Creek case, even though it related strictly to subdivision law - the State law and local ordinances adopted by Walnut Creek - probably broad enough to encompass the kinds of constitutional issues that are involved here. He stated that the Court said that a condition which requires dedication with a corresponding duty to develop at a reasonable time related to that development is proper. They did not say it had to be at a certain time, but reasonably related to the development of that subdivision; although the City might be running on the fringe to say two years after the last development, he assumed the Court would give some prerogative. He did agree with Councilman Miller the City had that obligation that if the Park District does not develop, the City has an obligation to see that it is done. Mr. Lewis suggested that they specify "not later than two years after the completion". Councilman Silva stated he appreciated our position, but asked about the developments that are only about 75% complete and some- thing happens and the remaining 25% is not completed. If Council- man Miller's suggestion is adopted, these people may never have a park as has happened in Greenville North and suggested a two year limit after 75% of the dwellings are completed. The ensuing discussion indicated that there was understanding as far as Councilman Silva's suggestion, but since there is a fixed amount of money for park development, the two year time limit would protect the City; there is nothing to indicate that the development could not be sooner. Mr. Musso asked if it might be better to state that the "City will not accept dedication until public works improvements are accepted", as dedication has been accepted at times with the acceptance of the final map. Mr. Lewis advised that it should be in the final map as there is no difficulty with title insurance and deeds, and it is a matter of record at that time. Councilman Beebe questioned Item 2 (c) under Residential Density Calculations as the Council had discussed the "general plan area" and the wording shown in the permit indicates "immediate area". After considerable discussion the majority of the Council agreed that the wording should remain as shown. Mr. Lewis suggested with regard to density transfer, this is a general policy the City may want to consider, talking to the City of Pleasanton and the County; to establish some agreement as to the long range planning goals of each and have a clear understand- ing of what the County, City of Pleasanton and the City of Livermore intend to do and what is to be annexed. Perhaps the Council would want to consider whether they would want a density transfer, assum- ing there are no problems, in an area that the County is going to maintain in an agricultural preserve, so zoned, hereafter. A motion was made by Councilman Beebe, seconded by Councilman Miller, to approve the permit as amended, and passed by a 4 to 1 vote with Councilman Pritchard dissenting. Councilman Pritchard stated his reason for voting negatively is that there are more bedrooms in this plan. Councilman Miller stated his reason for voting for approval is that there are less dwelling units than proposed by Councilman Pritchard. * * * CM-24-166 June 14, 1971 An application for zoning to PD District was submitted by Associated Professions (Dumas) and a hearing held on November 16, 1970 with.dis- cussion continued to November 23, 1970. A de- cision was made to rezone the entire area to ID District and the matter referred back to the Planning Commission; on May 3 the Council approved, in concept, the land use proposed and again referred the matter to the Plan- ning Commission for review and comment. The plan submitted for the area was considered at the Planning Commission meeting of June 1, 1971; this matter has also been referred to the Alameda County Airport Land Use Commission. PROPOSED PUD ZONING FOR LAND ADJACENT TO AIRPORT (Dumas - Associated Prof.) The Planning Director explained that the issue before the Council is a plan designed for development of this property for a mobile home park, industrial park and some public park. The Planning Commission reaffirmed their original recommendation for denial; however, if the Council approves the plan, the plan submitted is acceptable with some changes or modifications, with several con- ditions to be included in the approval. Mayor Taylor stated that this proposal had been considered by the Alameda County Airport Land Use Commission and Dr. John Shirley, chairman of the Commissio~was asked to comment on their hearing and decision. Dr. Shirley stated that Commissions have been established in every County to look at development and institute master plans for the area around airports. Once the master planning and land use is established, plans for land adjacent to airports will be approved on this basis; until that time however the Commission is advisory. In this particular case the Commission has recommended against the development. The present runway is now used almost to capacity, and planes taking off would be very close to the proposed develop- ment and there would be problems. A second runway will be needed in five to ten years, which will increase the traffic and proximity to the proposed development, and other airports in the area are experiencing trouble now with mobile home development near their airports. The sound or noise level standards which have now been determined are rather preliminary and more detailed studies will be made. Councilman Pritchard said he did not wish to be in the position of circumventing a law which will go into effect soon, and per- haps this matter should be continued until such time as the Com- mission makes specific planning recommendation for the area. Councilman Silva indicated he thought that the City would plan the area and the Commission would agree or not agree. Dr. Shirley said they would work together to make the plans. Mayor Taylor stated it seemed the Commission had clearly rejected the proposed plan; they might approve another plan. Rather than go against the testimony of the Commission, the alternative is to reject the plan and let the applicant submit a new plan when the Commission had indicated approved uses. The Council could recon- sider whether to allow the mobile home use before discussing the details. Councilman Pritchard said if this plan is approved now, could the Commission preempt the Council's decision if development has not been begun by the time the Commission formulates its master plan. The City Attorney stated he did not think the Commission could preempt the Council's decision, and also advised that Dr. Shirley's comments should not be taken as testimony as the hearing is already closed; the vote of the Commission could be considered however. CM-24-l67 June 14, 1971 Dan Spruiell, representing the developer, asked what period of time they were discussing if the matter is continued. Mayor Taylor said that would be until the Commission has drawn up its master plan, which is indefinite. Mr. Spruiell said his client could not wait indefinitely; further, their proposal meets the requirements of the ABAG study and their proposal is outside the high noise level determined by the ABAG report. (Proposed PUD Zoning - Airport, Associated Prof.) Councilman Silva made a motion not to accept the recommendation of the Airport Land Use Commission, but the motion failed for lack of a second. Councilman Silva made a motion to accept the recommendation of the Land Use Commission, which is that the proposed mobile home park use should be disapproved; the motion was seconded by Councilman Miller. Mayor Taylor urged that the Council reject the mobile home park as it would cause many problems for the City and the land around the airport would someday be valuable industrial land. Councilman Beebe said he felt he must listen to the report made by the Land Use Commission as he thought the take-offs and landings over the proposed use would create serious problems. Councilman Silva said he hated to lose the proposed park land and industrial park, and did not see that new evidence had been introduced. Earl Mason, Associated Professions, referred to the ABAG study which was based on 1985 air use and on power take-offs and asked what factors the Land Use Commission would use for their master plan if not this study made by ABAG's consultants. He pointed out the bene- fits from the proposed development such as more taxes, more jobs, etc. from the improved industrial park. Designating all the land around the airport as industrial would be penalizing the owners as it just will not develop for many, many years; there is presently no improved industrial land available in Livermore, and the applicant is willing to finance these improvements so that land will be available for industrial development. He stated that the County Counsel emphasized that this Commission, in its work, must state the fact in their de- cisions; Mr. Mason also said a statement was made by the Chairman of the Commission that they would make their decision and then find the facts to fit it, and he did not think this was the way to run the Commission. Mr. Musso said this statement was out of context and the intent was to determine the position of the Commission and then develop the reasons and the intent was not to avoid giving reasons. Dr. Shir- ley said the reasons had been given orally but not written down. Mr. Mason said that the Commission was advised that it was to be advisory, and that their reasons were not included in the resolu- tion sent to the City. Mr. Musso further stated he wanted to clarify the fact that the Commission, of which John Shirley is Chairman, did not reject the report of the ABAG consultants; the Commission did, in fact, accept the report without question, and he recalled that the Commission agreed with the ABAG report but that outside of the noise curve (25 NEF) the land use was still incompatible with the airport. The Public Works Director said that the ABAG report was preliminary as it was submitted to us prior to inclusion in the official report to ABAG; however, he was satisfied as to the correctness of the data included, but there seemed to be some misunderstanding as to interpretation of the report. The noise curves have been developed to correct existing deficiencies and to some extent they establish areas of liability for cities. A curve to establish areas of pro- tection for the airport would be extended further out. Projection of airport use in 1985 could be lower than actual use; other factors than noise alone must be considered. CM-24-l68 June 14, 1971 Mayor Taylor pointed out that with reference to technical standards, if noise standards and pub- lic tolerance were an exact science, they could write into the State laws the boundaries estab- lished and all the facts and figures, and a Commission would be unnecessary. But as is the case with many technical subjects, a committee of technical men is necessary to use judgment, and if a risk is involved it has to be taken into account; in this case there is a matter of risk that must be considered. The fact that the Council does have a report and allows this report to influence one way rather than another does not mean the report has been ignored, but rather that judgment is used in taking the recommendations into account. (Proposed PUD Zoning - Airport) Councilman Silva asked if a confidential report had been submitted of which he was not aware inasmuch as it was not his intent to place the City in jeopardy of possible law suits and felt he had been placed in an embarrassing position. Mayor Taylor stated there was no confidential report; the point he was trying to make is that standards people will tolerate change through the years; also the noise produced by planes, and he would have to admit it is always a matter of risk when you try to guess what is going to happen. A committee can look at a technical re- port and not agree with it, but still accept it; he agreed with the Public Works Director that there is nothing wrong with the survey and the instruments are probably right, but it is too early to commit the City on the basis of a few readings. Councilman Silva stated this should have all been taken into con- sideration when the Elliott tract was approved; he reasoned his problem might be that after years of trying to locate industry in Livermore to help the tax situation, we now have someone willing to spend the money to improve 50 acres of industrial park, and to him the mobile homes faded away when that proposal was made. For many years he has defended the reputation that the City Councils of Livermore have had in being anti-industry due to many rumors circulated, but did not feel he could do so any longer when it is known that the City of Livermore turned down 50 acres of improved industrial park; no one will say they turned down 50 acres of mobile homes also. Mayor Taylor stated that the item under discussion is whether or not they will allow mobile home parks; not whether the Council is for or against industry. We must keep in mind we have, without this development, three plots of land under contract now for building speculative industrial buildings in this immediate area, and no mobile homes are involved. Councilman Miller stated that with regard to the rumors, the City has never turned down a bona fide industrial applicant; every member of every Council the last fifteen years has done his utmost to get industry to come to this community. He felt the people who spread the rumors are the residential land developers because the members of this community will not let them run roughshod over us. If false rumors are spread, it is not the fault of the Council or the citizens of this community; the public should be aware of who it is that tries to ruin our reputation on industrial acquisi- tion. Councilman Beebe stated that, as a layman, he has listened to various sides on this matter and all he can do is base his vote on a technical statement as to the airport. On the one side he could see the Airport Land Use Commission making the decision and also agreeing with decibel noise level presented by ABAG; on the other hand he felt he must be influenced by the report from the Public Works Director who reports that perhaps the area of pro- tection should be expanded, and would like to see the matter con- tinued until determination is made exactly what should be protected. CM-24-169 June 14, 1971 (Proposed PUD Councilman Beebe asked if it would be possible Zoning - Airport) to obtain an unbiased technical report to govern them. He, too, was interested in obtaining the 50-acre industrial park and the 21 acres of open space dedicated, but other factors must be weighed. He agreed that the mobile home park misses the 25 decibel level which is the allowable maximum, but would like to see a report that goes fur- ther to determine if there is any compatible use for this area. If the developer would agree to a thirty or sixty day continuance to allow time to obtain a technical study, that he as a layman could accept, he would vote "no" on this motion and change it to ask for a thirty or sixty day extension as he is not convinced what is right. Mayor Taylor stated that whatever the study revealed there would have to be a committee of people to interpret it, and the Airport Land Use Commission was picked because of their knowledge in matters of airport use and because they represent the interest of the County as a whole, and an airport is a regional asset. Mayor Taylor asked if the staff had any comment to make with regard to such a study. Mr. Lee replied he would assume this information should be made available to the Airport Land Use Commission as they plan the area in the vicinity of the airport. They will have available to them the advice from the ABAG representative Mr. Walter Gillfillan, who is well informed on this subject and from that they should be able to arrive at a good zoning proposal that will protect the future residents in the area and also the airport. Councilman Pritchard asked if Mr. Gillfillan had taken part in the ABAG study which the Council had been given, to which Mr. Lee re- plied in the affirmative, adding that he had taken part in the retention of the engineers who did the study and would be in a position to interpret what is meant and give advice to this Commis- sion. Mayor Taylor felt that what Mr. Lee was saying is that the ABAG representative should make this information available to the Air- port Land Use Commission when they form their plan, but that is not what Councilman Beebe had in mind - he wanted another study; either this plan is good or bad and ~e reject it now and if the study shows that some area may be pushed back and is compatible, then the matter can be reopened. Councilman Pritchard stated it was his intent to vote "nofl on the motion for two reasons: first, they have the ABAG study and there is some conflict as to what it means because Mr. Lee has said that outside of the lines drawn the City is free of any liability and the Airport Land Use Commission made their recommendations to the Council without the expertise of this study, or any study, and this was why he had originally brought up the subject of having the Airport Land Use Commission do studies which were apparently not done, but just a matter of public testimony at the one meet- ing; then coming up with this resolution. He would still like to see expert testimony given to the Commission and then have them make their decision. Mr. Musso explained that the Commission had read and accepted the ABAG report with the 25 NEF line; but the Commission said that even though the proposed mobile home park is outside this contour, they still feel it is an incompatible use. Mr. Lee said the 25 NEF is a federal factor for noise level; he also stated that the noise level study was done mainly to correct existing deficiencies where houses already exist and encroach on the approaches to a runway. The area of protecting an airport is a different matter; it probably would be better not to have houses right up to the 25 NEF line in this case. The Land Use Commission will take this all into consideration in drawing up their master plan, and it might be possible for them to complete their plan in six months. CM-24-170 June 14, 1971 Councilman Pritchard asked if the federal factors (Proposed PUD will be the same as the FAA standards. Mr. Lee Zoning-Airport) said these are minimum standards to be used in correcting a bad situation of encroachment and are a guide for planning around an airport, but noise is not the only consideration - there is exposure, types of construction and many other factors. Dr. Shirley said that Mr. Lee's comments were correct. The data in the ABAG study is good, but it is not the whole story; a more comprehensive study to be made will give more answers. Cities may be liable and be forced to buy residential areas; if the stand- ards are too restrictive it would be very hard on the cities. Standards for protection may be much more restrictive. Councilman Silva asked the City Attorney if the City would be liable for these mobile home units if an air easement is obtained. Mr. Lewis stated that under existing court cases and law, we would not, as these units would be personal property moved onto the site. A valid air easement would protect us against inverse condemnation. The easement would have to cover us against future noise, vibration, etc. A further comment is that the issue is consideration of stand- ards adopted in California law in the administrative code that say what must be done when property is within the 25 NEF line: The use can be abated which means condemning houses or other use, or discontinue or abate the airport to whatever degree is necessary to accommodate the surrounding use. There is still the basic law that if a City creates a disturbance, without an easement, then the City is liable to suit. Dan Spruiell asked about possible condemnation of the land due to the 25 NEF line. The City Attorney stated there is a general statement in the law that no findings of this Commission in and of themselves shall constitute making a City liable. Steve Killiany, 888 Curlew Road, encouraged the Council to accept the Commission's recommendation. He pointed out that the ABAG study is actually a forecast and could be wrong. A resident of 492 Colusa Way stated that noise in this part of town is bearable, but in the future this may change due to in- creased use. It is proposed that the runway will be extended and a second one constructed, and a control tower is to be built which will increase the noise level. There is the probability of accidents on take-off which would be over the proposed mobile homes. Robert Allen, 223 Donner Avenue, said that so far the discussion has been centered around noise and he did not believe that noise was too objectionable as there are homes along major streets and railroads which experience noise too. Jack Phillips, 551 No. P Street, said that the Council should take action - either approve or disapprove this issue which has been before the Council several times. Gilbert Leppelmeier, 748 Wimbleton Lane, said he wished to speak on behalf of those people who were supposed to move into the pro- posed mobile home park. These people would be asked to sign away their rights and then move in fifteen years. The 25 NEF line is a guideline which can be changed by future developments. The pro- posed mobile home park will cost the City in taxes with no real benefits to be gained. Don Watson pointed out that when an individual buys land for an investment he is not guaranteed that he will make money on his investment. The City should not have to guarantee return and be concerned about taxes assessed on the land. Councilman Silva said that no one is forcing anyone to move into the proposed mobile home units, and that this would be the indi- vidual's choice. CM-24-171 June 14, 1971 (Proposed PUD- Airport) Earl Mason, Associated Professions, asked if the Council would be willing to postpone a decision on this matter in order to hear the expertise of Mr. Gillfillan, ABAG project coordinator. Mr. Lee said he felt Mr. Gillfillan would be reluctant to make specific planning recommendations; he could give expert advice on noise factors, but this is not the whole story. Mr. Mason said his firm would be agreeable to continuing this mat- ter for two weeks to get someone from ABAG, or the consultants, to come before the Council to explain their report. Mayor Taylor wished to point out they were talking about getting someone to come in to explain the curves, but not to say such de- velopment will be okay. Councilman Silva urged the Council members to make a decision and not to continue the discussion any longer. Clarence Hoenig, 588 Tyler, felt the planning for the airport should be considered more in regard to the noise level; also the Council was overestimating the advantages of the proposed industrial area, and suggested that this issue be submitted to the Industrial Ad- visory Board. He did not feel industry would locate next to a mobile home park which might become second class. Thomas Raison, 5224 Kathy Way, said the City has a good investment in the airport and this should be considered; a mobile home park might lower this investment. Joseph Lee, 622 Bentley, recommended the Council take advantage of the Land Use Commission and its work. He supported Councilman Silva's recommendation to let the mobile home park fade away. Mayor Taylor restated the motion that the Land Use Commission's recommendation that the proposed development would be incompatible with the airport and a detriment to both the mobile home develop- ment and the function of the airport and that the Council disapprove the use be approved. The motion was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Miller and Mayor Taylor Councilman Silva Mr. Musso said the matter of rezoning must be resolved. The Plan- ning Commission had recommended ID Zoning or PD Zoning if a Planned Development Permit for the mobile home park is approved. The zoning was considered for ID zone by the Council on November 23. John Barker, Associated Professions, said the property owner was not present but in consideration of his interest, asked that the zoning be left as agricultural. Councilman Miller made a motion, seconded by Councilman Pritchard, to leave the zoning on this property as A-20 (Agricultural), and it was approved unanimously. * * * RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * PARCEL MAP SURVEY NO.5254 (Malloni) The Planning Director reported that this matter con- cerns a parcel map for property located at the north- west corner of Chestnut Street and Junction Avenue, proposed for multiple residential use and the sub- divider had asked for a resubdivision of this land CM-24-172 June 14, 1971 into four parcels as a parcel map. Everything is in conformance except that Parcel A is not conforming to the Zoning Ordinance which re- quires a 50 ft. average width rather than the 45 ft. width proposed. The Planning Commission has recommended approval with the 50 ft. wide lot. (Parcel Map Survey No. 5254) Councilman Silva made a motion, seconded by Councilman Miller, to accept the recommendation of the Planning Commission for approval; motion passed unanimously. * * * The Planning Commission minutes of the June 1 meeting were noted for filing. PLANNING COMMISSION MINUTES * * * The Council discussed mobile home park regula- tions pertaining to percentage limitation and designation of site locations. Councilman Pritchard said he felt the mobile home units should be to 5% of the existing dwelling units, with designation fic locations. MOBILE HOME PARK REGULATIONS limited of speci- Councilman Beebe said he agreed with the 5% but did not feel that the matter of site designation should be discussed now. Councilman Silva said he was not in favor of percentage but favored site location designation. Councilman Miller agreed with the Planning Commission's recommen- dation for 2~%, but did not feel sites should be designated. ~~ ~ (~ Mayor Taylor agreed it would be poor planning to designate par- ticular sites, but felt 4% limitation would be alright and stated his reason for not designating sites is that these lands would be removed from present development and would be picked up by land speculators. This is not done on any other land and our ordinance now states that mobile homes can be located in residential areas in RM and RG zones. i ~ Councilman Silva said his reason for wanting designation of site is to save time in discussion as on the previous issue. There will be a number of applications in RM and RG zones, which will require additional Council time with little chance of approval. Mr. Musso reported there are 188 mobile homes existing, plus 137 approved, for a total of 325 units. Councilman Beebe made a motion to establish 5% as the maximum per- centage of mobile homes to be allowed based on existing dwelling units, seconded by Councilman Pritchard. ,\ -<::, \,,~ tf ~ i } ." Mr. Musso explained that existing dwelling units refers to the number of poured foundations. Councilman Miller stated that the Planning Commission recommends a maximum percentage of 2~, which is approximately the number now tl existing in Livermore. This percentage should not be increased ~ until mobile homes count for schools and they pay their fair share ~~ of taxes. The deficit between a mobile home and equivalent l).ous- _ . '>: ing would amount to about 10,i on the tax raterrtl..e ,i1t/<J~-<2ji,-dv'.A'2?,6[ f- In answer to Councilman Silva's question regarding legality of this limit, the City Attorney advised that the answer is the same as that referred to regarding the inclusion of a limit in the General Plan. It can be stated there will not be any and attach the conditions, thus establishing policy. CM-24-l73 June 14, 1971 (Mobile Home Parks) Discussion followed regarding the amount of subsidy which mobile home units generate. Mr. Leppelmeier, 748 Wimbleton Drive, commented on his reasons for opposition to mobile home units, in general: 1) they are not low cost housing; 2) land assessment is essentially the same per square foot, but taxes on the units are different as single family assess- ments escalate while mobile home unit values decline each year. He cited figures for like value mobile home units and single family residential showing taxes paid by each, and requested that the Coun- cil not approve these units until tax methods change. steve Killiany, 888 Curlew Road, said residents of mobile homes use the same facilities and services as other residents but do not pay the same taxes. He was against more mobile home units in Livermore. Joseph Lee, 622 Bentley, supported the previous statements. He suggested that the tax issue be treated separately from the setting of the percentage to be allowed. Tax methods will not be changed until enough City Councils voice their opposition by banning these units. Alyce Watson, 743 Wimbleton Way, felt that 5% was too high, especially because of the school situation. The motion that the percentage be limited to not more than 5% of the total dwelling units failed to gain a majority by the following vote: AYES: NOES: Councilmen Beebe and Pritchard Councilmen Silva, Miller and Mayor Taylor Councilman Silva made a motion, seconded by Mayor Taylor, to set the limit at 4% of existing dwelling units, and the motion passed by the following vote: AYES: NOES: Councilmen Pritchard, Silva and Mayor Taylor Councilmen Beebe and Miller * * * REPORT RE RESTAURANT LEASE The present lessee of the golf course snack bar has appealed for additional time to prepare an applica- tion for the tenancy of the restaurant. The City Manager recommends denial of the request. Burke Critchfield, representing Mr. and Mrs. Douglas, the present lessee, stated the reason for the request was that Mr. Douglas had not learned until last week that he was not being considered for continued operation of the snack bar and, therefore, has not had sufficient time to prepare an offer. His client had been contacted previously by the proposed operator and asked if he wished to con- tinue operating the snack bar. Since that time the proposed oper- ator has changed this offer and expressed the intention to operate both the upstairs and snack bar. Mr. Critchfield said that his client was asking for modification under Section 34 of his lease to have time to exercise his right of refusal. The City Manager stated there was an obvious misunderstanding or misinterpretation of what was said. Mr. Douglas has had ample oppor- tunity to contact the City for additional information and clarifi- cation during the thirty day term, and the request for an additional 45 days is unjustified. The City Attorney explained that under the previous lease with Mr. Douglas, there was a 30-day option if an offer was received which the City intended to accept for the premises including the snack bar. So, if an offer was received for the upstairs, not including CM-24-l74 June 14, 1971 the snack bar, the City did not have to make (Restaurant Lease) this kind of offer to Mr. Douglas. An offer must be made within the time expressed. The hearing was on May 10; Mr. Douglas was contacted on the previous Friday that a copy of the lease and proposal was available for him to examine. This was, in fact, sent to Mr. Douglas by certified mail on Friday evening, but Mr. Douglas was not home and a notice was left by the post office and the package returned to the post office. After a ten day period the package was returned to the City Attorney's office by the post office; Mr. Douglas had been into his office since that time to discuss this matter. The last possible date under this option was Saturday, June 11. Mr. Dave Kamrar, representing Berkeley Science Capital Corporation, proposed applicant for the restaurant, stated there was no offer made to Mr. Douglas; they were willing to listen to a proposal from him which took place a week to ten days after the Council meeting of May 10. Some period after he talked to Mr. Douglas, a contact was made through Mr. Critchfield, his attorney, in a phone call to Palo Alto and a meeting set for Monday, June 7. On Monday Mr. Critchfield's office called and cancelled that appointment and suggested they meet June 8; on June 8 he called Mr. Critchfield's office and informed him their group would like to continue on the original proposal to operate the restaurant Gompletely and to have his client either exercise his option or not. Mr. Critchfield stated his complete agreement with Mr. Kamrar1s comments; all he was asking was for equitable, reasonable and fair treatment as far as his client is concerned. After Mr. Kamrar called his office on Tuesday, he attempted to contact Mr. Parness and advised him his client was unable to work something out with the applicant to operate the upstairs and downstairs, and wished to see all the material and the renderings to be able to make a fair evaluation. All he was asking for is additional time to analyze the plans and the proposal and give them an answer. Mayor Taylor stated that at the Council meeting it was made very clear that they wanted a proposal to operate a restaurant if the present operator was serious. Councilman Silva felt that the present operator should be given an additional thirty days to come up with a proposal, and asked Mr. Douglas if it was his intent at the meeting to make a proposal. Mr. Douglas stated he had not started to get a set of plans for the inside because the drawings the City is required to have and the renderings before anything can be built by the City has a definite bearing on anything he would want to do. If there is only an artist's sketch, and he does not know what materialw to be used, it would be physically impossible for him to make a deter- mination until he has the plans and specifications which is what he had said earlier. Councilman Silva stated that the other com- pany is able to do what is required. Mr. Critchfield stated that Mr. Douglas' lease carefully spells out he has the first right of refusal; all they are asking is for the same opportunity to examine the facts and figures which would be required of anyone. He does not have to come in with a counter proposal; all he has to do is meet or match any proposal by any applicant. Mr. Parness has mentioned that Mr. Douglas has had three or four years, however there has been no concrete proposal. His client is interested in doing something, but they must have something to work on; frankly, they did not begin working on it until last week when he found out he was not being considered to operate the snack bar. Mr. Lewis stated he did not wish to argue, but at the meeting of May 10, they advised that according to the lease with Mr. Douglas they had to submit the lease they had received, for execution or non-execution, to Mr. Douglas and his wife within 30 days. At CM-24-175 June 14, 1971 that time Mr. Parness advised him that the $30,000 would be expended for the design and construction of the ramp leading to the upstairs from the main entrance; secondly, it would be expended for a rear entrance to the kitchen which is required by the building code; thirdly, by air conditioning and any money remaining after that would be contributed toward plumbing, etc. At that point there were no drawings or plans available to either party and in the lease it specifically said the plans and specifications would be drawn up by Ratcliff-Slama-Cadwalader and would be subject solely to the City's approval. It was not the approval and is not the approval now of the restaurateur as to what that looks like; the City's obligation is to spend $30,000 which will be done. (Restaurant Lease) Councilman Miller pointed out that Mr. Douglas had delayed a week before doing anything if he was interested in presenting a proposal, and his delay was certainly not the fault of the City. Michael Casey, with Berkeley Science Capital, stated it was his understanding, and certainly was never intended by either him or his board or even brought to a vote that they would operate only the upper and Mr. Douglas the bottom part of the restaurant. Mr. Douglas was contacted to explore the possibility; there was never anything said that he would operate the bottom and they the top; it was to have a meeting to explore the possibility. As far as the entrance, he did not know what it would be like, either, but felt that was a businessman's decision and risk; he felt it would be as attractively done as the rest of the building is. Another point is the claim that they are not prepared to make an offer because they were delayed ten days; however they are asking for a forty-five day extension. He did wish to put one rumor to rest - that is that Mayor Taylor is one of the shareholders - he wished to assure every- one that Mayor Taylor is not and never has been a shareholder and felt that this innuendo and hint of conflict of interest was un- fair both to Mr. Taylor and their investment group and hoped this statement would put the rumor to rest forever. A called vote was then taken on the motion to accept the City Manager's recommendation for denial of the extension and passed unanimously. * * * REPORT RE GARBAGE AND RUBBISH RATE MODIFICATION tions were 1969 for a commencing The City Manager reported that in the spring of 1969 considerable negotiations were conducted with the Oakland Scavenger Company due to their appli- cation for a rate increase. Their contract per- mitted an adjustment as of January 1, 1969, provided economic conditions so warranted. Final negotia- concluded and new rates were approved effective July 1, 2-year term with adjustments pledged by the City Council, July 1, 1971 until December 31, 1973. Mr. Parness explained that it was regrettable, but after examina- tion of their books and operational and revenue statements which were found to be in order, they are committed to the increase in rates. In this regard, he has the rates of all agencies served by the company and there are increases pending for all of them which are higher than those that would be in effect for our City. He has met with these other agencies on this subject and discussed the dilemma faced by governmental jurisdictions in discussing the sub- ject of utility rate increases and their lack of expertise. The State PUC has a technical staff who do nothing but this and perhaps this should 1:::>e the way such a matter ought to be appraised. The agencies were in accord that perhaps what is needed is a consultant firm, retained by all the cities jointly, and after proper investi- gation of the accounting methods used by this public utility enter- prise, compose for us an accounting format that could be used annually in appraising what their expenditures and revenue experience is per jurisdiction so that a formula could be adopted that can have some reliability or validity in trying to make a decision. The CM-24-176 June 14, 1971 recommendation is that the Council adopt a motion (Rate Modification approving the adjustment in accordance with the Garbage-Rubbish) previous resolution. Motion was made by Councilman Silva, seconded by Mayor Taylor, to accept the recommendation of the City Manager authorizing the adjustment of rates. Councilman Miller commented that the percent of increase was higher for residential than for commercial. Councilman Beebe questioned whether or not, by dropping the twice weekly pickup, the rate might remain the same and Mr. Parness stated it was possible and the representatives of the company are agreeable to discussing this. Mr. Parness added that he felt the rate already committed is fair, but thought the twice a week pickup would be the subject of some discussion at the time a new contract is negotiated. Robert Allen, 223 Donner Avenue, stated the City Manager refers to this service as a public utility, however he felt the only reason it is such is that there is a restriction on the right of other people to enter into the business. He felt if this restric- tion were removed, providing competition, the actual market value of the services, there would be no need for regulation and audit- ing of books. Mayor Taylor stated by terms of the contract they are required to negotiate this rate increase. Jack Phillips, 551 No. P Street, commented he never works for a contractor who doesn't lose money, and they take the job on a competitive bid knowing their costs; they don't care if they lose money, but expect the workers to make money for them. Joseph Day, 622 Bentley Place, commented that when the new rates became effective, they became more efficient and came earlier in the morning and had called them requesting that they come into the residential neighborhoods after 7 a.m. and pick up the com- mercial trash earlier, but was refused. Mayor Taylor explained that before the new contract was negotiated they had picked up at 5 a.m., and were asked not to start until 5:30 a.m. Mr. Alberti explained they have two different types of trucks for commercial and residential. He also referred to the twice-a-week summer pickup and mentioned that he did not feel the increase was enough to cover it, but since it had been established, it would be handled. If the City wished, they could work out something and rather than have the twice-a-week pickup, pass the savings on to the customer rather than put it out on labor costs. Councilman Miller felt they should leave well enough alone, and Councilman Pritchard asked what rate they would propose without the twice-a-week pickup. Mr. Alberti replied the amount they would collect on the increase is $45,000 and 75% of that goes just for the labor cost. What he would do is set the rates for no increase for one-can customers and 251 rather than 51 increase for two cans on a once a week basis. If a customer wants twice a week service the $2.00 customer would pay 75% more, which would be $3.50 for the three months, or a total of $4.50 more for the three month period; at $2.35 the cost will be $4.20 for the one-can customer. Councilman Pritchard asked how the City was involved in setting the rates and why it was not a free enterprise. Mr. Parness ex- plained that this method was used at the outset of the contract term; there has to be a reasonable contract period to attract a firm such as this one, who is willing to invest in equipment and CM-24-177 June 14, 1971 (Rate Modifica- have the personnel to do the job. At one time tion - Garbage) they operated under a 5-year contract when the City was much smaller; the present contract is for ten years and will expire in January 1974. But once the rate is set at the outset, there has to be an adjustment process throughout its term wherein there can be substantial eco- nomic variations that occur. This is why so much difficulty is occasioned by other types of utility services and that is why most of them are subject to the State PUC in making rulings on this very point. Mayor Taylor asked for a roll call vote on the question, and the motion passed unanimously. PROPOSED ORDINANCE RE TRAILER, MOBILE HOME PARKS PRO POSED ORDINANCE REZONING SOUTH SIDE 7TH ST. (Callaghan) RESOLUTION NO. 65-71 A RESOLUTION DESIGNATING FEES FOR THE COLLECTION OF GARBAGE, COMBUSTIBLE AND NONCOMBUSTIBLE HOUSE- HOLD REFUSE. * * * The introduction and vote re Zoning Ordinance amendment - Trailer, Mobile Home and Travel Trailer Parks; other related items; regulations for Town house Development and other related regulations was set for this time; however Councilman Miller asked that this item be continued for one week inasmuch as there were a few minor items which had not been inserted in the ordinance. * * * On motion of Councilman Beebe, seconded by Coun- cilman Silva, and by the following vote, the reading of the ordinance was waived (title read only) and the ordinance rezoning the parcel lo- cated southeasterly of the intersection of Maple Street, East Avenue and Seventh Street from RL 5-0 to RM District was introduced: AYES: Councilmen Beebe, Silva and Mayor Taylor NOES: Councilman Miller ABSTAIN: Councilman Pritchard ORDINANCE RE Sec. 6.18 (Obsolete Bldg Code) * * * ORDINANCE NO. 746 AN ORDINANCE AMENDING ARTICLE IV, RELATING TO BUILDINGS UNFIT FOR HUMAN HABITATION, OF CHAPTER 6, RELATING TO BUILDINGS, OF THE LIVERMORE CITY CODE, 1959, BY AMENDING SECTION 6.18 THEREOF, RE- LATING TO INTENT OF ARTICLE. On motion of Councilman Miller, seconded by Councilman Silva, and by the unanimous vote of the Council, the second reading of the ordinance was waived, and the above ordinance was passed. ORDINANCE RE REZONING NE CORNER HILLCREST & EAST AVE. (Lincoln Lumber) * * * ORDINANCE NO. 747 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMEND- ING SECTION 3.00 THEREOF RELATING TO ZONING. On motion of Councilman Beebe, seconded by Mayor Taylor, and by unanimous vote of the Council, the second reading of the ordinance was waived, and the above ordinance was passed. CM-24-178 * * * June 14, 1971 A communication from the City of Woodlake re sales tax distribution and a suggestion for change in method of allocation was removed from the Consent Calendar for discussion at this time. Councilman Beebe suggested that a similar method of collecting sales tax be endorsed for this area, support the City of Woodlake and urge the State Legislature to re- form the Bradley-Burns Uniform Local Sales and Use Tax Law of 1955. Communication re Sales Tax Distribution A motion was made by Councilman Miller, seconded by Councilman Silva, to adopt a resolution endorsing the position of the City of Woodlake and passed unanimously. RESOLUTION NO. 66-71 A RESOLUTION URGING THE STATE LEGISLATURE TO INSTITUTE REFORM IN THE DISTRIBUTION OF SALES TAX REVENUE BY UTILIZING A PER CAPITA FORMULA. * * * The Public Works Director advised the Council that with reference to the Granada storm drain channel, the City originally accepted an ease- ment for the channel rather than title to the right-of-way; the ownership remained with the developer for some reason. In the meantime, there have been taxes accumulating on it since 1965. The developer will dedicate it to the City and give us a Quitclaim Deed on it, and he would like to have the Council accept the right-of-way and petition the Board of Super- visors to waive the taxes from 1965 to present. MATTERS INITIATED BY STAFF (Granada Channel Easement) A motion was made by Councilman Silva, seconded by Councilman Beebe, to adopt the recommendation of the Public Works Director, and passed 4 to 1 with Councilman Miller dissenting. * * * The City Attorney advised that with reference (AB ]032) to the school land dedication Bill 1032, it went through the Assembly with a vote of 54 to 3 in favor of passage, and is now in the Senate. Councilman Pritchard suggested that a letter to Assemblyman Bee would be in order. * * * The City Manager stated that the billing for parking lot assessment must be forwarded and he explained the formula by which the busi- nesses are assessed. He stated that in order to have the stores on the north side of First Street pay the same percentage formula as they did for previous years, it would mean a $560 annual subsidy and asked if the Council would wish to con- sider assuming that or, if a ratio is applied to the stores on the north side to reduce their percentage by the same ratio as the stores on the south side have enjoyed, it would be $1400. (Parking Lot Assessment) Councilman Miller stated he would offer no subsidies and suggested that the staff do whatever is necessary to make it come out right. Mayor Taylor stated that failure of the business community to form an assessment district to build two parking lots was the reason, and he felt it would be out of order for the City to subsidize a lot formerly supported completely by the merchants. Councilman Beebe questioned if the County had been requested to pay more due to the Municipal Court activity and Mr. Parness CM-24-179 June 14, 1971 (Parking Lot) MATTERS INITIATED BY COUNCIL (Flag Salute) (Sidewalk Repair) reduce the cost ing bids, etc. advised they had simply refused. Mayor Taylor stated since there was no support of a subsidy by the Council that the staff take what- ever action necessary. * * * Councilman Pritchard suggested that the Council salute the flag weekly as he felt it was a nice custom, and after some discussion a motion was made by Councilman Pritchard, seconded by Councilman Beebe, to salute the flag weekly, and passed 4 to 1 with Councilman Miller dissenting, stating that symbolic gestures are less important than deeds. * * * Councilman Miller referred to the repair of side- walks and stated we should consider the suggestion of Mr. Tilles and contract, by seeking bidders, to have all the sidewalks fixed at the same time to and relieve the homeowners of the trouble of obtain- When it is all completed then assess each homeowner. Mr. Parness explained that sidewalks are repaired through a bidding process, however we must give the property owner the right to do the work himself. Mayor Taylor stated he felt the budget session would be the time to discuss this and asked that the staff furnish the Council with a report on the cost at that time. (Bicycle Licensing) (Community Affairs Committee) ADJOURNMENT CM-24-180 * * * Councilman Miller suggested bicycle licensing and the use of license plates which might reduce the problem of theft of bicycles, and asked that this be explored and a report made to the Council. * * * Mayor Taylor stated that the Community Affairs Committee has been quite active, and the flag con- test they have been conducting, which was approved by the Council, will be held next Wednesday, June 23, at the Livermore National Bank, and they wished the Council to attend. * * * There being no further business to come before the Council the meeting was adjourned at 1:20 a.m. *.. * ~ APPROVE C~ z: 1 /~ , Mayo r ATTEST~~LL t C'l-exk Livermore, California * * * Regular Meeting of June 21, 1971 A regular meeting of the City Council was held on June 21, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Silva, Miller and Mayor Taylor ABSENT: Councilman Pritchard * * * Mayor Taylor led the members of the City Coun- cil and those present in the audience in the Pledge of Allegiance * * * ROLL CALL PLEDGE OF ALLEGIANCE Katie Richardson, 510 Junction Avenue, requested OPEN FORUM that representatives of the American Taxpayers (BUdget) Union be recognized and allowed to speak at the budget session to be held on Wednesday night as other organizations have been allowed to do in conjunction with their requests for funds. ATU wished to present its resolution and give their objections to items in the budget. Mayor Taylor explained that the Council only hears from depart- ment heads concerning the budget and also the Chamber of Commerce representatives as the City has a contract with them. The Council does not carryon dialogue at the budget session with private cit- izens. Comments will be heard at the public hearing to be held later; written statements could be distributed to the Council. * * * Paul Tull, 2243 Linden Street, stated he felt that(Budget Hearings) the ATU should be allowed a chance to express opposition to budget items, such as the subsidy to the Cultural Arts Council and the Chamber, which had asked for more than the amount called for under its contract. Councilman Miller clarified the fact that he is the delegate appoint- ed to represent the City Council on the LCAC, not an elected officer of that organization as suggested by Mr. Tull. * * * Roy Faltings, 1018 Via Granada, said he hoped the members of the Council will have an open mind at the hearings on the budget and listen to what members of the community have to say about items on the budget. (BUdget Suggestions) Mayor Taylor advised Mr. Faltings that if someone has data or information regarding the budget that it would aid the Council if it is presented in writing before the next meeting so that the members of the Council might consider it. * * * An application has been submitted for rezoning the northeast corner of Portola Avenue and North Livermore Avenue from RL-7 and RL-IO to residen- tial districts provided by the Zoning Ordinance and PD District. PUBLIC HEARING RE REZONING NE CORNER NO. LIVERMORE & PORTOLA AVE. (Feeney et al) CM-24-181 June 21, 1971 Mr. Musso explained that this rezoning had been requested by the Planning Commission; the proper- ty was annexed to the City some years ago and zoned RL-7 and RL-IO and a Planned Unit Develop- ment permit was granted. The development of the property was, in effect, a density transfer type of development so the developer could utilize the terrain to the best advantage. The Planned Unit Development permit was about one-third completed and has now expired and the Commission then undertook rezoning. The PD zone was considered, however, it was concluded that a PUD permit was not necessary and that straight zoning was best. The second type of zoning considered was RS District, and the Commis- sion's intention was to rezone comparable to the development com- pleted. The density proposed is comparable to the density indicated by the General Plan and to the density previously approved for the development; there is no indication or plan for commercial. Another question concerned setbacks; present restrictions have provisions which were not formerly set forth and are much more detailed than previously given. The Commission recommends rezoning to RS-3 and Rs-4 in the same configuration previously existing (RS-4 in the flat area and RS-3 in the hill area). (Public Hearing - Feeney et al) Councilman Beebe asked if the streets proposed are in conformance with the hillside standards in the proposed ordinance. The Public Works Director stated that the engineering considerations include provisions regarding the grading ordinance as the hillside ordinance does not apply in this case. Letters received regarding this rezoning were noted from the follow- ing: Mr. and Mrs. John F. Yates, Mr. and Mrs. LeRoy Green, Mr. and Mrs. Ralph Sharp, Mr. and Mrs. Paul S. Brown, S. G. Roberts, David M. Buchla, Mr. and Mrs. John F. Miller, Mr. and Mrs. Roger A. Ma- roody, Dr. and Mrs. James C. Watson, and Mr. and Mrs. Roland S. Noack. Mayor Taylor opened the public hearing. David Madis, representing the landowner, said his client concurs in the recommendation of the Planning Commission and requests appro- val of this recommendation and also the tentative map submitted for this area. Barry Scherman, representing Hofmann Company, said the density, if the map is approved, would be about 3.2 d.u./acre and agreed with the Planning Commission's recommendation for RS-3 and Rs-4. Councilman Silva made a motion, seconded by Councilman Beebe, to close the public hearing, which was approved unanimously. Mr. Musso explained that the PD Zone had been included in the hear- ing at the Planning Commission meeting because they were not sure about the plan to be presented. After seeing the proposed plan it was unnecessary to consider PD zoning. It had been brought out at the Commission's hearing that a mix of the two zonings was not possible originally as can be done now. Councilman Miller pointed out that originally the General Plan in- dicated a 2.5 density for this whole area, but the density was later increased at the request of the developer. He felt the whole area could be zoned RS-3. Mr. Musso stated the change in density occurred when the 2.5 den- sity class was eliminated from the General Plan. The existing General Plan density indicates 4 d.u./acre along Livermore Avenue and 3 d.u./acre for the remainder. Councilman Miller stated that often the General Plan density is increased when requested, but it could be decreased also, as in this case. Councilman Beebe made a motion, seconded by Councilman Silva, to accept the recommendation of the Planning Commission. CM-24-182 June 21, 1971 Councilman Miller made a motion to amend the recommendation of the Planning Commission to delete Rs-4, but there was no second for this proposed amendment. (Public Hearing - No. Livermore & Portola Ave.) Mayor Taylor said it was quite natural for people living in the area to wish this property to be developed at as low a density as possible with the development of the area as high class as possible. However, the proposed zoning is in every way compatible, and su- perior in many ways, to the existing zoning of RS-IO. Councilman Miller made a motion to amend the recommendation to re- zone this area to RS-l, but there was no second. Councilman Miller cited as his reason for this amendment the fact that the School District predicts a shortage of schools in this area and the fact there is no elementary school available in the immediate area. He said it was his feeling that the general law says that the City can protect its school children under the public welfare aspect of the State law. The primary responsibility of the State, which includes the City and the School District, should be taken into account. He referred to remarks made by former Mayor Marguth that the City can bankrupt its school system and the school system by its high tax rate can drive away industry. Taking these things into account, the time has come to consider the request for re- zoning back to Agricultural or to RS-l. The motion to approve rezoning to RS-3 and Rs-4 as recommended by the Planning Commission was passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva and Mayor Taylor Councilman Miller Councilman Pritchard * * * Although the public hearing was closed at the meeting of May 17, a subsequent motion was a- dopted to reopen the hearing on the proposed Zoning Ordinance amendment regarding Section 5.00, Residential District re Accessory Uses, Minimum Average Lot Width, Minimum Yards, Maximum Developable Floor Area, Floor Area, Computation re Density, and Section 20.00, General Provisions. PUBLIC HEARING ZO AMENDMENT (RS District) It had been requested that the staff make available to Councilmen Beebe and Pritchard preceding information regarding testimony and presentations made at the time of the adoption of the present ordi- nance. Mr. Musso stated that a search of the files indicated that such information had not been filed with the City by those pre- senting testimony and, therefore, was not available to the new Council members. Councilman Silva suggested that the staff pre- pare some informal sketches illustrating what had been discussed previously. Mayor Taylor suggested that due to Councilman Pritchard's absence this matter be continued for a period sufficient to allow study of material to be prepared by the staff. After discussion, the Council continued resolution of this matter until September 13. The public hearing was then opened for testimony on the proposed amendments to the RS Ordinance. Mike Uthe, 1376 Anza Way, said his estimate of the time involved in the preparation of the original ordinance was from 10 to 15 thousand manhours. There were about 10,000 written pages and graphs illustrating and comparing various proposals. Mr. Uthe stated the final major argument at that time centered around whether or not to use a floor coverage area or side yard and back CM-24-l83 June 21, 1971 yard size as setbacks. He said he was never con- vinced completely one way or another, but wished to find a manner to reduce noise and create a better sense of family in the neighborhoods. The majority of the Council preferred the floor cover- age regulations and the ordinance was so constructed. He stated that if the Council now wished to go to the setback standards, he would suggest going back to a lot size criterion rather than a density criterion. (Public Hearing- RS District) Harry Wilson, 926 Curlew Road, said his house was developed under the present RS ordinance, and compared to those built before adoption of present ordinance, he felt that the ordinance had caused an improvement. H. Leider, 1091 Batavia Way, stated his house was built in 1957 under RL provisions, and he felt his house was very satisfactory as was the neighborhood. However, he believed that there was a lack of privacy which seemed to be somewhat solved by the present RS ordinance. Earl Mason, Associated Professions, said he had been involved in the discussions and consideration when the present RS ordinance was adopted. He asked the Council to look at present development where 30% lot coverage has been allowed rather than the 25%. He felt there can be good development with 30% lot coverage. Councilman Miller said the development referred to had actually been built at 25% coverage with possible expansion to the 30% coverage if the homeowner chose to do so. Barry Scherman, Hofmann Company, pointed out that one of the things 25% coverage practically eliminates is the 3-car garage. It also makes it difficult to design a two-story house under 25% coverage. Discussion followed regarding planning that would allow pleasing two-story construction. Mayor Taylor said that not all builders will design their houses in a manner to get maximum yield as it seems they would also con- sider other factors such as the aesthetics of the design on the lot. Roger Anderson, 4354 Guilford Ave., said he lived in an RS-3 zone. He felt increases in lot coverage and setbacks should be carefully considered. There are lots available under RL zoning for people who wished to have only minimum yards. The RS zoning should be continued in the same manner. Janet Read, 475 Malibu Court, referred to a survey in which she had participated regarding the RS zoning. A committee of four had surveyed various areas of town regarding privacy provided and yard sizes. She gave the results of the survey which indicated the majority felt they lived too close to their neighbors and needed more privacy and more setback between houses. She felt changes should not be made until more time has elapsed to see the results of the present RS ordinance, and that total floor coverage should be counted so that two-story houses would be further away from adjacent houses. Paul Tull, 2243 Linden Street, said the privacy in his house is nil as the house was built some twenty years ago. He felt that another survey might be made to see what people feel now, and be- lieved it would be logical to give extra allowance for second story but limit the percentage of such designs in anyone parti- cular development. James Shaw, 4313 Guilford Way, felt changes should not be made in the present ordinance until the results can be measured. CM-24-184 June 21, 1971 Bob Schaeffer, 785 Wall Street, stated he found a number of two-story houses adjacent to each other was objectionable. (Public Hearing - RS District) Mrs. Lee Heaton, 1392 Kathy Court, felt it was better to have larger yards and requested that the ordinance not be changed. Robert Allen, 223 Donner Avenue, noted that his former neighbor- hood had a playground in the center of the block; he did not feel that yards were necessarily the place for children to play ball. He suggested that perhaps all of the second-story would not count on total coverage and that unheated areas such as garages which cannot be used for residential purposes not be counted in the same way. He felt vehicular access should be provided. David Madis, 1054 Canton Avenue, felt the testimony could be sum- marized by saying that people wished to have varying types of housing and the purpose of the housing ordinance should be to allow freedom of choice. The allowance should be increased to 30% to provide flexibility to meet public need. The market demand determines what is built. Mayor Taylor said that many people buy tract homes and do not realize what side yards will be or that two-story homes will be adjacent. Side yards were not provided until City ordinance re- quired them. Councilman Silva felt it was not the Council's place to inform buyers facts about the homes for sale. The people should have the right to select their home, and if the yard is not wide enough it is not the Council's fault the buyers did not look into this. He said he did not favor changing the side yards required but did wish to change the site coverage to 30%, incorporating a rear or front yard increase. There should be a minimum of fifty feet di- vided between the front and rear yards. Councilman Miller said the people had voiced their oplnlons when the RS ordinance was adopted and gave their objections to the RL ordinance. The RS ordinance had been adopted to overcome these objections as the builders had not provided the choices voiced by the public. Norman Warnow, P.O. Box 575, said that from his experience in the real estate business, he had found the women wanted a large yard but the men want to know the cost. Lot coverage is not usually asked about. The developer is not always the bad man, and there seems to be a conflict with the Council. The important considera- tion is the home buyer rather than the builder or the Council. S. G. Roberts, 2816 Waverley Way, felt it was not the proper attitude for the Council to say lllet the buyer bewarell, but rather the Council's responsibility to protect the interest of the citizens in Livermore. Increasing the lot coverage would degrade the liva- bility of Livermore. Jack Phillips, 551 No. P Street, said that even though his back yard is 200 feet, it still is not big enough to play ball; this should be done in the parks. He did not feel this matter should be continued for such a long period as the Council members should have been aware this was coming up. Also, most of the testimony about the RS ordinance was given by people living in RL zoning. Ray Faltings, 1018 Via Granada, said he lived in an RL zone but wished that he lived in RS zone. He felt developments in the re- maining RL zone should have a time limit placed for such develop- ment and then it should be rezoned to RS or other zoning. David Madis clarified his previous statements by saying he was not advocating a system of laissez-faire homebuilding, but he felt CM-24-185 June 21, 1971 (Public Hearing - RS District) the ordinance should be as flexible as possible. The matter to be considered is the cost; City fees, City requirements, and all the parts of the finished product determine the cost of the house, including the lot size. Not all people can afford the high priced lots and requirements; Livermore can be made into a very ex- clusive suburb through zoning and requirements. There has to be a place for lower income people to buy a home, and workers in in- dustry have difficulty in buying a home. There have to be regula- tions, but the entire City cannot be built according to one high quality segment of the City. Mr. Anderson said variety is not gained by taking away restrictions. A mixture of RL and RS zoning can provide the needed variety. Robert Allen said he would like to see a tract developed without restrictions; the result might be so imaginative that we might want this type of development. Low density not only means high cost lots, but it adds to the need for transportation and results in more smog problems. Mr. Uthe suggested that Councilman Silva's proposal might cause a modification in yard requirements which would create problems. During previous consideration of the RS ordinance, it was calculated that the price increase on a standard house would be about $2,000 from the change in the ordinance. Today, the identical house can be purchased on RL-7 lot and RS-3 lot for only a difference of $500. The difference is due to the service costs along the frontage, not the land per se. Mr. Leider said it is difficult now for lower income people to buy housing at 2~ times their salary as approved by FHA. Councilman Beebe made a motion, seconded by Councilman Silva, to close the public hearing, and it was approved unanimously (Councilman Pritchard absent). Councilman Silva said the reason he was proposing the additional 5% site coverage is to allow the purchase of a little larger home for the same price it would cost to get the little larger yard. Councilman Miller stated one thing that was overlooked was that the cost of the house itself was in proportion to the number of square feet; the only way for the lower income people to get a house is to have a smaller number of square feet. Yet builders do not build low priced houses on the smaller lots but build larger ones. By placing a limit on lot coverage it requires smaller houses on the smaller lots. Councilman Silva made a motion, seconded by Councilman Beebe, to continue this matter until September 13; motion passed unanimously. * * * CONSENT CALENDAR The City Attorney reported that at the Council meeting of May 24, approval was obtained to re- lease some street property owned by the City on the north side of Railroad Avenue, extending east from P Street. This property is no longer necessary for the Railroad Avenue Widening needs. Recommendation was made for adoption of a resolution authorizing execution of the Quitclaim Deed. Quitclaim Deed (Street Property Railroad Ave. & P Street -Zepol, Inc.) RESOLUTION NO. 67-71 A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED * * * CM-24-186 A communication was received from the lOth District-The American Legion, together with a copy of their resolution re the Oath of Allegiance said at City Council meetings. * * * Minutes of the meeting of June 1 for the Beau- tification Committee and minutes of the Housing Authority meeting of May 18 were acknowledged. * * * Applications for exempt business licenses were received from the following: June 21, 1971 Communication re Oath of Allegiance (American Legion) Minutes (Various) Exempt Business Licenses Rainbow Mothers' Club - various fund raising activities for the year Granada Booster's Club - dinner and dance on July 10,17 and 26 * * * At the meeting of June 7, the City Attorney was asked to research the possibility of secession from SACEOA, and presented his report to the Council again reiterating that we can withdraw, but pointing out the hazards to existing programs. * * * Report re Secession from SACEOA An appeal from denial of a Variance for a sign size filed by Holiday Inn was heard by the City Council on May 17. Although the Variance was not issued the City Council instructed that this matter be continued for thirty days to await a proposed ordinance modification for highway signing under study by the Planning Com- mission. Report re Holiday Inn Sign Variance The ordinance change has been set for public hearing the the Plan- ning Commission on July 13 and will be referred to the City Council shortly thereafter. It is recommended that a motion be adopted to continue this matter for an additional thirty days. * * * On motion of Councilman Silva, seconded by Councilman Miller, and by unanimous vote, the items on the Consent Calendar were approved. * * * Approval of Consent Calendar The Planning Director explained that Tract Map No. 3321 is a part of the area considered for rezoning earlier in the evening. It is bounded by Livermore Avenue but excludes a narrow strip at the corner of Livermore Avenue and Portola Avenue. One of the issues involved is park location and access; other points discussed were the zoning line, access in and out of the subdivision, and design of the subdivision according to the terrain. The Planning Commission recommended approval of an access south to Portola Ave. The final map was changed to move Park Glen Drive south of the property line, and the Planning Commission originally made a pro- vision for a major parkway access to connect the loop to the park in the vicinity of Lots 162 and 135, which they referred to as a II parcade IT. The Recreat ion Dis trict did not approve of the II parcade II and advised they would not maintain it. The final recommended map is essentially the same design except the loop was eliminated and the streets extended and connected to the existing subdivision. TRACT MAP NO. 3321 (Hofmann Co.) CM-24-l87 June 21, 1971 Councilman Beebe asked Mr. Musso why one Commis- sioner did not like the proposed plan for the hill area. Mr. Musso said one reason is that the exist- ing Los Altos area does have some excessive cuts which created drainage problems, etc. The ordinance also provides that lots at the boundary of the subdivision cannot be below the minimum size without obtaining a Conditional Use Permit; therefore, the map had to be changed to widen these lots to conform to the or- dinance. The zoning line which cut across the 260 ft. contour was changed to apply to the property line; this did not change the num- ber of allowable lots under the RS-3 and Rs-4 zones, and the only major difference is the minimum lot size. (Tract Map No. 3321) Also discussed was the proposed access to Portola Avenue; the Com- mission felt there should be access from the subdivision to Portola Avenue, however, there was a question as to whether it should be required with the initial tract or when the property not within the subdivision is developed. The Public Works Director reported that the considerations for access are traffic and convenience which are interrelated. He explained the calculations for traffic load projected using the existing Royce street access rather than creating another access to Portola Ave. Traffic volume does not seem to be a consideration for making another access, but in regard to convenience an average maximum of 450 feet would be travelled from anyone lot without the second access. Councilman Miller felt the second access to Portola Avenue would be easier and less dangerous for traffic than entering North Liver- more Avenue which will be the major access to the freeway. Also discussed was that a second access to Portola might cause more pro- blems because of the location of Portola Avenue School on the south side. Councilman Miller said if the entrance was offset from the school entrance this would aid in solving this problem. Mr. Lee said that access to major streets is usually kept to a minimum; the ratio of people served in the tract must be considered in relation to those using the major street. Distance between accesses is usually kept to a minimum of 1320 feet or one-quarter mile. Councilman Miller felt that perhaps the street pattern within the tract is such that it makes another access necessary, and suggested that rather than the access another street pattern might be better. Mayor Taylor pointed out another point to be considered is the strip of property along Portola Avenue which is under another ownership. When the PUD was first considered the present developer was urged to try to get this land included in the tract. Development of this strip later will create a problem due to the cost of public works improvements; the developer might come in when this land is to be developed stating that he could not bear such costs, and might re- quest higher density or commercial to support such costs. Actually, the cost of the improvements on Portola Avenue should be spread over the entire development. He thought that the tract could not be accepted until some mechanism is worked out for development of the street. The Council discussed previous problems on East Avenue and Murrieta Blvd. Mayor Taylor made a motion to direct the staff to propose a mech- anism to assure development of the street (assessment district or equivalent method); motion was seconded by Councilman Miller. Barry Scherman of Hofmann Company stated that this had not been discussed at the Planning Commission meeting other than changing Park Glen Street to the property line. The developer is already responsible for improvements along North Livermore Avenue and the land adjacent to this tract is under four different private owner- ships. He did not feel his company should be burdened with this additional development because of conditions which now exist. CM-24-l88 June 21, 1971 After further discussion Mr. Scherman suggested that if an assessment district is formed, it should include North Livermore Avenue also. (Tract Map 3321) Mr. Lewis stated that one of the alternatives to an assessment dis- trict is to condition zoning. The same thing is achieved by con- ditioning approval of the tract map by the requirement that cash or something in lieu of cash, such as doing the work in the exist- ing right-of-way, be a condition of this subdivision approval. The other method using an assessment district gets the street improved now but the City might have to condemn, with the cost of condemnation borne equally under the assessment district. This would add to the cost due to engineering and other work involved. Possibly the developer should be given the option to: 1) prior to approval of final map an assessment district shall be formed having boundaries (described) or 2) agree to do something else to eliminate that burden prior to the final map. Mr. Scherman said that if the strip along Portola Avenue were to develop first they would have to bear the cost of improvements; it is a matter of who comes in first with a proposal. Mayor Taylor said that past experience shows that small parcels of land do not develop at low density when there is the burden of street improvements. After further discussion a motion was made by Councilman Silva, seconded by Councilman Beebe, for approval of Tract Map No. 3321, as previously discussed, with the condition that the subdivision map be conditioned with the agreement of the property owner to enter into an assessment district for the improvement of North Livermore Avenue and Portola Avenue adjacent to the tract bounda- ries with the standard backing lot treatment, or some other agree- ment approved by the staff and developer, which would provide an equitable agreement for the major street treatment required. Mr. Musso explained that the street shown to the right of the park will extend along the park boundary unless there is a school site adjacent in which case it will go to the right; the street will connect in some way with Waver ley Way eventually. Councilman Miller said he was concerned about the street location in regard to the park as they have tried to assure that half the park perimeter will have access. Mr. Musso said that it may be difficult to do this without having the street climb the hill; the indicated park location had been considered as the best site for the park. Councilman Miller suggested that if the park dedi- cation is extended to the west it might be wise to buy a couple of the lots indicated in this tract for providing park frontage. Mr. Musso pointed out that provision has been made for a pedes- trian access from the center of the tract to the park and this has been agreed upon and would be fifteen feet wide. Mayor Taylor stated that when the street lights are located it should be checked to see that one of the lights is placed in order to illuminate the walkway. It was decided that the setbacks adjacent to the walkway should be fourteen feet and a walkway should come out to the cul-de-sac from the park because of safety. Councilman Silva made a motion to amend the main motion by adding the acceptance of the park site as located on the map, and the pedestrian walkway as discussed, with no additional access to Portola Avenue as conditions of approval; motion was seconded by Councilman Beebe. The question was called for by Councilman Silva, seconded by Mayor Taylor. Mr. Warnow stated he had been included in the Murrieta Assessment District and had property now off North Livermore Avenue and thought it would be included in this proposed district. Discussion followed regarding possible access to the forty acres he owned adjacent to this tract however no decision was made. CM-24-189 June 21, 1971 (Tract Map No. 3321) Mr. Scherman said he preferred not to have an assessment district but suggested that his company would pay anything over and above the costs of a regular subdivision street (36 ft. of paving) or, in other words they would pay the cost of undergrounding and the balance would be assessed against the other property. Mayor Taylor said he felt the motion as worded already included this possibility. Discussion followed concerning a pedestrian walkway to provide access for school children crossing to Portola Avenue School. It was suggested that seven and one-half feet be taken off the pro- perty line to provide this walkway with the remainder to come from adjacent development. Mr. Scherman pointed out there are existing storm drain and sanitary lines, and there is just enough room be- tween the two to put lots. Changing the line 7t feet would place these utilities on a lot rather than the lot line. Mr. Lee said it appeared the walkway would have to be on the adja- cent property because of these lines. A solution would be for the developer to purchase 15 feet adjacent to the present property line, using the City's powers of condemnation if necessary. This condi- tion was added by concensus to the motion for approval. Mr. Lee said that we could also form an assessment district to recover half the cost of this walkway from the adjacent property when it develops. The motion for approval with the listed conditions was passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva and Mayor Taylor Councilman Miller Councilman Pritchard REPORT RE LARPD -Master Plan * * * The LARPD preliminary Master Plan has been distri- buted to the City Council and, in turn, referred to the Planning Commission for their report. Inas- much as it had been suggested that the Council might wish to have a study session meeting for more de- tailed discussion on this item, the chairman of LARPD had advised they would not have a representative present at this meeting. A motion was made by Councilman Miller, seconded by Councilman Silva, and passed unanimously, to continue the matter until the meeting of July 19. Charlene Kehret, 1256 Marguerite Street, President of the League of Women Voters, addressed the Council regarding the proposed change in the park standards as given in the Master Plan. She referred in particular to the need for community parks. PLANNING COMMISSION SUMMARY AMENDED ORDINANCE RE OFF-STREET PARKING LOT * * * The summary of action taken at the Planning CommE- sion meeting of June 15 was noted and filed. * * * The City Attorney stated that the ordinance amend- ing Ordinance No. 623- Central Business District, Off-street Parking Lot, Business License Fee sur- charge, is an urgency ordinance to reestablish the rates to be paid in Zones 1 and 2 to maintain the same amounts as paid previous to the business li- cense fee changes. This proposed ordinance is based on estimated amounts of fees to be collected, and will be effective July 1. CM-24-190 June 21, 1971 On motion of Councilman Miller, seconded by Councilman Silva, the following ordinance was adopted unanimously (Councilman Pritchard absent) : (Ordinance re Off-Street Parking Lot Fees) ORDINANCE NO. 748 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 623, THE ORDINANCE ESTABLISHING A PARKING AND BUSINESS IMPROVE- MENT AREA, TO AMEND SECTION 4 THEREOF, RELATING TO THE ADDITIONAL RATE OF TAX IN ZONES I AND II. * * * PROPOSED ZO AMEND- MENT (Trailer, Mobilehome & Trailer Parks) Councilman Miller referred to some proposed changes in the proposed ordinance which were not incorporated in the draft. Under Item 21.25 (B) 5, the wording "landscaping within the front setback of each mobile home shall consist of living plant material'l should be included; the other Council members agreed. Under the Council decided that the word "tiled" could be ference to the restroom. Item 21.25 (c) 5, deleted in re- A motion was made by Councilman Miller, seconded by Councilman Beebe, to add wording similar to that in San Leandro's ordinance which stated that trailers occupying the park at opening should be new and then in the event of a vacancy replaced by new ones. The motion failed to gain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Beebe and Miller Councilman Silva and Mayor Taylor Councilman Pritchard A motion to approve the ordinance as amended, was made by Council- man Beebe, seconded by Councilman Silva, and passed by the follow- ing vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva, Miller and Mayor Taylor None Councilman Pritchard The Planning Director referred to his memo listing several miscel- laneous amendments which were inadvertently not repealed and de- finitions which are now obsolete; these changes are to be incor- porated into this proposed ordinance. A motion to approve the portion of the proposed ordinance amend- ment pertaining to the Townhouse Development was made by Council- man Miller, seconded by Councilman Silva, and approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva, Miller and Mayor Taylor None Councilman Pritchard On motion of Councilman Miller, seconded by Councilman Silva, the first reading of the proposed ordinance (title read only) was waived and the Zoning Ordinance amendment referring to Trailer, Mobile Home and Travel Trailer Parks; regulations for Townhouse Development, and other miscellaneous items was introduced by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva, Miller and Mayor Taylor None Councilman Pritchar~ * * * CM-24-l91 June 21, 1971 PROPOSED ORDINANCE RE FOWL AND RABBITS ZONING ORDINANCE AMENDMENT REZONE SO. SIDE 7th St. (Callaghan) MATTERS INITIATED BY STAFF (Industrial Brochure & Map Printing) On motion of Councilman Miller, seconded by Coun- cilman Beebe, the first reading of the proposed municipal code amendment regarding fowl and rab- bits, in general (Chapter 4) was waived (title read only) and the ordinance was introduced by unanimous vote. This ordinance is to be reconsidered after one year. * * * A motion was made by Councilman Beebe, seconded by Councilman Silva, to waive the second reading and by the following vote the ordinance indicated below was passed: AYES: NOES: ABSENT: Councilmen Beebe, Silva and Mayor Taylor Councilman Miller Councilman Pritchard ORDINANCE NO. 749 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. * * * The Administrative Assistant, Don Bradley, in the absence of the City Manager, stated the Chamber of Commerce's industrial brochure and map are in the hands of the printer at the present time. The cost had been estimated as $1500 for the brochure and $1100 for the map, a total of $2600. The bid price is $2550 for the brochure and $560 for the map. The brochure which is to be printed has been pre- pared by a public relations firm; the City Manager has reviewed the brochure and is very impressed with its format. It will be done in two colors with some 16 pages and many pictures; the work on the map has been done by our staff. It has been suggested by the City Manager that a pocket be included on the last page of the brochure so that the map may be slipped into it, and the cost of this pocket is about $500. The bid price is for about 2,000 brochures and 3,000 industrial maps. A motion was made by Councilman Silva, seconded by Councilman Beebe, to approve this additional expenditure for the brochures, and passed unanimously. Golf Course Clubhouse Entryway Design * * * Mr. Bradley informed the Council that the architect has begun work on the design for the entryway to the Golf Course clubhouse. Two alternatives have been suggested - one is a mound effect with a ramp type entrance and storage of 800 sq. ft. beneath it, at an estimated cost of $10,000 to $11,500; the second is to have a simple switchback type of stairway at an esti- mated cost of $3,000. It is recommended that the mound type entrance be approved as this would be a part of the $30,000 improvements to be required by the proposed restaurant lease. Mr. Lewis stated that there are existing code sections which re- quire that public facilities be designed so handicapped people may have access, and the mounding effect would satisfy this requirement. It is our option to select the design as the lease provides, with the lessee to be consulted. Councilman Silva made a motion, seconded by Councilman Beebe, to approve the mound type of entryway for the clubhouse, and passed unanimously. CM-24-l92 The Planning Director stated that he had gone through the Kaufman & Broad development on Olivina Avenue; the open space has been util- ized in the front yards rather than the back yards and Mr. Musso suggested that the Council view this project. June 21, 1971 (RS Ordinance Discussion) * * * The City Attorney advised that the original (Restaurant Lease) action of the Council had been to let the thirty-day period expire and then to enter into a lease with the Berkeley Science Capital Corp. for the Golf Course restaurant operation. On motion of Councilman Beebe, seconded by Councilman Miller, the following resolution was adopted by unanimous vote (Councilman Pritchard absent). RESOLUTION NO. 68-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT * * * Mr. Lewis said that in connection with the City's policy regarding industrial growth he had prepared a resolution, which was read by the Mayor. (Supporting Industrial Growth) In the first paragraph Mayor Taylor added the wording "municipal airport" and in the forth paragraph add the wording "Industrial Advisory Committee". The resolution, as amended, was passed unanimously (Councilman Pritchard absent) on motion of Councilman Beebe, seconded by Councilman Miller. RESOLUTION NO. 69-71 RESOLUTION SUPPORTING INDUSTRIAL GROWTH * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 12:20 a.m. until Wednesday evening at 8:00 p.m. at the Rincon Fire Station for budget study session. APPROVE * ~~* (f4~ ~ Ml::; ~ 'l~LJ . t 'J le)I'k mo e, California ATTEST * * * CM-24-l93 Regular Meeting of June 28, 1971 A regular meeting of the City Council was held on June 28, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. with Mayor Taylor presiding. * * * RO LL CALL PRESENT: Councilmen Pritchard, Silva, Miller and Mayor Taylor ABSENT: Councilman Beebe * * * PLEDGE OF: Mayor Taylor led the members of the City Council and ALLEGIANCE those present in the audience in the Pledge of Alle- giance. * * * MINUTES The minutes of the meeting of June 14, 1971, were approved as amended, on motion of Councilman Prit- chard, seconded by Councilman Silva and by unanimous vote, (Councilman Beebe absent). On motion of Councilman Miller, seconded by Councilman Silva, the minutes of the meeting of June 21, 1971, were approved as submitted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmen Silva, Miller and Mayor Taylor None Councilman Beebe Councilman Pritchard * * * (Petition re Green Meadows Development) Robert Patton, 726 Hazel Street (Tract 2694) presented to the Council a petition signed by the residents of Valley East, Wagoner Farms, Park Plaza and Rhonewood, and stated he would like to open the discussion for other residents after he read a petition which had been signed by 314 people. This group was petitioning the Council to prevent Kaufman & Broad from proceed- ing with the development known as Green Meadows until the following topics had been thoroughly reviewed: 1) the probable detrimental effect of the market value of the surrounding homes; 2) the availability of adequate school facilities; 3) distinct possibility that deed restrictions on existing homes would be prohibitive; 4) capac- ity of existing water and sewer facilities; 5) adequacy of accesses for emergency vehicles. OPEN FORUM: Mr. Patton stated he would like to discuss item (3) in which he was particularly interested, and explained that there are 132 lots in Tract 2694, with 94 existing structures; the lots have been on the market on an individual basis and sold to Kaufman & Broad; most of the people had been given assurance by previous developers that com- parable houses would be built on existing lots, and they do not be- lieve the assurances have been carried out. A group of the residents in the area had met and were told by Mr. Musso that the houses meet the building restrictions. The declarations of deed restrictions state that these houses must be approved by an architectural committee; since the committee has not given approval or disapproval, they wished the Council to consider holding up the building permits for these houses until approval is given. He felt that the move to develop has been done in such a hurry they have not had time to act, and a letter had been sent by the architectural control committee to Dennis O~Brien of K & B, asking him to cease and to submit the plans and specifications as required under their declaration of restrictions ~ copy of which he also presented to the Mayor). Mayor Taylor asked if there were other people in the audience who felt the same as Mr. Patton regarding his presentation, that they CM-24-l94 June 28, 1971 (Petition) indicate agreement by a show of hands rather than repeat what has already been stated. He felt at this point it was necessary to obtain an opinion from the City Attorney as to what course of action to follow. City Attorney Al Lewis, explained that this was essentially a dis- agreement between private property owners; the City has zoned the property and approved the final subdivision maps and, as long as the dwellings comply with the zoning and building code restrictions, he could not see where the City would come directly into play. As far as the water and sewer facilities, he assumed they had been considered as part of the final map approval. With regard to access for emergency vehicles, he did not know if this had been considered with approval of the subdivision maps. He stated that if there is a critical problem regarding any of these items, the Council could exercise, under police power, certain rights, he believed, but they would have to check these out. Assuming those facts do not exist, it remains a dispute between private property owners as to deed restrictions and which they have a right to en- force against the owner of the lots. Mayor Taylor stated his feeling that the City should have some way of preventing an entire tract of homes being built, all of which are in violation of deed restrictions. Mr. Lewis stated that if there are widespread problems, as expressed by the speaker, the Council is concerned, but it still remains a problem between private property owners, and if the City were to deny building permits on the basis of private deed restrictions, the City could become liable for damages to the developer and, therefore, felt it is incumbent upon the City to be sure of the facts. Councilman Miller asked what could be done if they could not with- hold building permits; however, Mr. Lewis stated he could think of no remedy, and Councilman Miller suggested that perhaps the repre- sentatives of the homeowners consult with the City Attorney un- officially and perhaps he could advise them what their legal sit- uation is. Councilman Pritchard stated that suppose Mr. Lewis was a private attorney and he, as a private citizen, had property on which there were deed restrictions and he felt there was a violation, and his deed restrictions were valid and could be enforced in court, what would his advice be. Mr. Lewis stated that the first thing would be to pursue a remedy that would give relief at the least expenditure of money, which would mean bringing such pressure to bear against the owner of the property to comply with the restrictions that were felt to be proper, or believed to be proper. Mr. Lewis said in looking at the deed restrictions, one item as of 1967 or 196B, is existence of a committee which is the architectural control committee, con- sisting of three people who have certain duties, one of which is to approve the plans, and if they have not been given plans, they would be contacted and informed of the facts in regard to the plans. If they were unsuccessful it would be necessary to commence action in court by way of injunction to prohibit the violation of the covenants. Mr. Lewis stated that method is available to any group of property owners when someone else is violating a restriction that is applicable to them all. Councilman Miller stated that if the same supposition existed as mentioned above, and the material that had been distributed at the time the people purchased the homes was one set of statements and what was being done now showed a different set of facts, would it be possible to go to the California Real Estate Commission for relief, to which Mr. Lewis replied it was a possible remedy. CM-24-l95 June 28, 1971 (Petition - Councilman Silva asked Mr. Lewis if he could dis- Green Meadows) cuss this matter with the people in the area, and Mr. Lewis replied he would be happy to do so if this was the Council's wish. Councilman Silva also asked if a letter could be sent to Kaufman & Broad by the Council, requesting that they give the citizens their full consideration as the Council assumes something is not just right. Mr. Lewis stated he would be glad to discuss the matter with a re- presentative of K & B, assuming the developer was willing to do that. John Cotcher, who lives in a neighboring tract, stated the people in his area are in full sympathy with the plight of those in Tract 2694, and if there are homes built for $22,400 to $25,400 inter- spersed among th~ existing homes that are valued at $30,00 to approach- ing $50,000, it will have a probable detrimental effect on the market value of those homes. The petition regarding the covenants and deed restrictions may require a test in court, and it should be clear that the covenant makes provision for replacement of the architect- ural control committee by a majority of the landowners in the sub- ject tract. The committee that was set up for that particular tract consisted of three men who were builders or associated with the building industry. No one has passed upon K & B's plans. The people in the tract duly recorded in Alameda County recorder's office, have registered a majority vote for a new architectural control board and K & B must now submit to this board their plans and specifications and await that board's approval before they proceed with construction. Mr. Cotcher named a few of the points of construction of the homes anticipated to be built, which he felt definitely would not be com- parable; he brought up the anticipated water shortage which is being investigated; the access for emergency vehicles which is not adequate for the number of homes. Duncan Tanner, 664 Hazel street, stated the worth of his home to be $35,000 and he would be completely surrounded by the Green Meadows homes, as there are no homes surrounding his home now and was very interested in the action and thanked the Council for their support. Mayor Taylor asked if the architectural review committee had been appointed as set forth in the covenants, and was advised that it had been. Councilman Silva asked if Mr. Lewis could speak with regard to econmic segregation in subdivisions as the City Council has no means to en- force prices on homes. Mr. Lewis felt Councilman Silva had pretty well stated the Council's position, explaining that public agencies are, generally, expected to provide for adequate housing to all types and many communities do this through the so-called " salt and pepper" effect; in subdivisions and especially the RS ordinance is designed to provide lots of dif- ferent sizes for different types of dwellings. The developers, in many instances, try to govern, as in these restrictions, the type of improvements on the lots, and to this extent they are acting pri- vately and the government, therefore, has no say. Councilman Miller stated that there was little the Council could do officially; the only time the City can do anything is at the time of issuance of a PUD or approval of a tentative map; those are the times that the people should come to the Council and be heard. Another point Councilman Miller stated is that whenever there is any sug- gestion of rezoning to lower density, the developers complain that their economic values may be hurt. When the shoe is on the othe~ foot, it is unfortunate for the homeowners who also have property whose value is of some concern to them. The question of water is a matter of discussion on the agenda, and he stated the people could remain for that. Councilman Miller complimented the group for their speed in reconstituting an architectural review committee. * * * CM-24-196 June 28, 1971 Ray Faltings, 1018 Via Granada, stated with re- gard to the repair on Second Street between Q and P streets, there are no laterals being laid to an area that has not as yet been developed. He felt the area has been rezoned, and if no laterals are laid, it would mean reopening the street to insert laterals at that time; also the area adjacent to the 2nd Street shopping center has vacant lots and he felt it would be feasible and advisable for the City to insert the laterals at this time for the same reason. (Construction - Second Street) Mr. Faltings also pointed out a safety hazard (Safety Hazard) on Murrieta Blvd. between Stanley Blvd. and Olivina Avenue, as there are no street lights and a person not familiar with the area would have a tendency to head toward Wall Street, and he suggested the City install some reflectors so the headlights can pick these up. Mr. Lee advised that at the present time all existing inadequate laterals are being replaced, and he felt as far as he knew there would be adequate laterals into all lots, but would check into the matter. With regard to Murrieta Blvd. he stated there were reflectors in the center of the street, but Mr. Faltings felt a white line on the outside of the street at that point would also be helpful. Councilman Silva asked if Mr. Lee would check the possibility of reducing the height of the wall at Murrieta Blvd. and Olivina Ave. as the view at the approach is obstructed. * * * The Community Affairs Committee has conducted a contest for the design of a proposed City flag as their first project for promoting com- munity spirit. SPECIAL ITEM (Flag Design Award) Walter Griffith explained their reason for a City flag contest, stating there were 22 entries, the design was chosen on the basis of Livermore's heritage, and they felt it depicted the Sister City theme with the orange and white background. He presented the winner, Linda Smeley, 289 Wall Street, with the first prize of $50.00. * * * The City Manager explained that the proposed "East Avenue Annex No. lO", is located at the northeast corner of East Avenue and Vasco Rd., and Mayor Taylor opened the public hearing at this time. PUBLIC HEARING RE PROPOSED "EAST AVE. NO. 10 ANNEX" There were no protests made, nor written protests received, and on motion of Councilman Silva, seconded by Councilman Pritchard, and by unanimous vote, the public hearing was closed. A motion was made by Councilman Pritchard, seconded by Councilman Silva, and approved unanimously, that the proceedings be continued awaiting receipt of an annexation agreement, and that the follow- ing resolution be adopted: RESOLUTION NO. 70-71 RESOLUTION FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE AT THE PROTEST HEARING HELD PURSUANT TO SECTION 35120 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA ON "EAST AVENUE ANNEX NO. 10" TO THE CITY OF LIVERMORE. * * * CM-24-197 June 28, 1971 CONSENT CALENDAR Transfer of Funds As a routine matter it is necessary annually to officially authorize the transfer of monies inter- fund as specified in the current fiscal year budget. RESOLUTION NO. 71-71 RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS * * * Planning Commission Minutes The minutes of the Planning Commission meetings of June 8 and June 15, 1971 were acknowledged. * * * Exempt Business License An application for an exempt business license was received from the Livermore Babe Ruth League for a concession stand. * * * Payroll and Claims One hundred sixty-six claims in the amount of $48,045.33 and two hundred sixty-one payroll warrants in the amount of $81,322.70, dated June 22, 1971, were ordered paid as approved by the City Manager. * * * Approval of Consent Calendar On motion of Councilman Silva, seconded by Councilman Pritchard, and by unanimous vote, the items on the Consent Calendar were approved. * * * REPORT RE DOMESTIC WATER The City Manager reported that several months ago following the loss of a proposed bond issue as offered by Zone 7 for expansion of their physical facilities, the City Council asked that information be gathered on the prospects of water use and the critical nature of our water supply. A report has been drafted by the Zone 7 staff, which has been distributed to the Council, with slightly revised figures, but essentially it is about the same as that included in the agenda, and in that connection, he introduced Mr. Mun Mar, staff engineer of Zone 7, to present the report and answer any questions. Mr. Mun Mar stated that, basically, the staff had prepared a more technical report which included the Pleasanton area, but for the Council had prepared a report, primarily for the Livermore area. He felt the main question the Council had was the future demands and the ability to produce the water for the next few years since the Zone was unsuccessful in the bond issue to build to capacity. He explained that the four summer months of 1970 were used as the basis for all determination for the next few years. Mr. Mar explained the plant capacity, advising that during this summer there will be six days, particularly in August, that the demand on the system would exceed the ability to produce; in 1972 there will be 24 days, and in 1973 there will be 74 days. Since there are only 120 days in this four month period, it would mean that in 1973, 61% of the time the demand would exceed their ability to produce. As a result of this, at times there would be a drop in the water pressure in the entire water system of the City, and the more the demand, the lower the pressure. There will be water, but not in the usual quan- tity. There are other things that dictate their ability to deliver water such as outages.; i. e. collapse of the Patterson Pass Reservoir in 1966, power failures in the summertime, repair in the metering system; there could be mechanical failure at the plant with regard to chemical feeders, pumps and various equipment that is part of the operating equipment. CM-24-198 June 28, 1971 In reply to a question from Councilman Silva (Report re water) with regard to growth rate, Mr. Mar stated it is anticipated greater problems will exist, and the earliest greater capacity on the line is possible would be 1973, depending on financing by means to be considered at their next Board meeting. He felt from all indications the Board would proceed with Project 2 again and ask the voters for financing capability. At the last election the voting requirement was one- half and based on the requirement of the Supreme Court ruling they would now need two-thirds authorization, so they feel it will be a big job to demonstrate the necessity for improvements. Mayor Taylor stated that even though Mr. Mar did not seem to think there would be a real problem until 1973, it is here now, and will get worse. He stated he would like to have the opinion of the Public Works Director, considering not only the City water service, but California Water Service Company capacity. Mr. Lee stated that the amount of water anticipated does take into consideration California Water Service Company's ability to pump from the wells. The Zone7 District has projected the community's growth, its need for water after Cal Water has pumped from its wells, and shown the capacity of the plant, and with that in mind, it shows the deficiencies. Mr. Tiecke of California Water Service Company stated that the report was very accurate. Councilman Silva asked, in view of the report, how many more build- ing permits could be approved and asked that the staff report have some indication of how many could be approved before the 1973 !lcut-off!l date. Mr. Lee stated that with the system now it anticipates growth of approximately 10% per year, and with this system 10% could be allowed in the growth. Councilman Miller commented that he did not consider one day in five to be acceptable level (projected for 1972); Mr. Mar has left the impression that if a treatment plant is not built in 1973, there will be water rationing. His understanding is that there are two choices - there can be water rationing or a morator- ium on building permits to avoid that situation. The City Attor- ney was asked if they could withhold issuance of building permits if there is a water shortage. Mr. Lewis felt the answer to be in the affirmative, but the ques- tion was on what facts would the Council make the determination to exercise the police power to prohibit issuance of building permits, subdivisions, etc. They have the police power - the answer is when, and that is established by facts presented to the Council, showing an emergency exists. Councilman Miller felt the people would go along with one day in twenty, but did not feel they would go for one in five, and com- mented that water rationing takes away the right of people to live their lives without oppressive regulations. He suggested that in two weeks there be an item on the agenda for a moratorium on the issuance of building permits for the following reasons: 1) if they continue to issue building permits, there will be water rationing; 2) if they continue to issue residential building permits, there will be no reserve whatsoever for any industrial or commercial development which the City needs; 3) they are not legally required to suffer water rationing. He urged the City Council to consider the issuance of a moratorium until the public decides if it wants to subsidize a new water plant and the plant is actually built and operating. Councilman Miller made a motion to have the above item on the agenda two weeks from now to discuss a moratorium on building permits to avoid an impending shortage in 1972, however the motion failed for lack of a second. CM-24-199 June 28, 1971 (Report on Water) Mayor Taylor felt that Councilman Miller was correct, but his objection was the timing as he felt the legal standing on a moratorium depends on the facts presented and everything being considered and felt to consider this in one week would not be proper, and asked how long it would take to prepare a staff report. Mr. Lee advised he did not know how long that might be until it was determined what the scope would be of such a study; the effect on fire protection; the effect of lower pressure that could be tol- erated for different kinds of domestic use and a number of things, and felt they should at least have a month. Councilman Miller made a motion, seconded by Mayor Taylor, to allow four weeks for a report from the staff and to have a discussion on a moratorium, and it passed unanimously (Councilman Beebe absent). * * * An application has been made on behalf of the Liver- more Lions Club for a waiver of the green fees for a planned Las Positas Golf tournament. Even though this is considered to be a worthwhile local commun- ity benefit, the date selected is during the height of golf course play and on a weekend day, and since no waivers have ever been granted for tournaments of this type, it would establish an improper precedent; therefore, the staff recom- mendation is for denial. REPORT RE GOLF COURSE GREEN FEE WAIVER A motion was made by Councilman Pritchard, seconded by Councilman Miller, and approved unanimously to accept the recommendation. ORDINANCE RE Sec. 4.3 re Fowl & Rabbits * * * ORDINANCE NO. 750 AN ORDINANCE AMENDING SECTION 4.3, RELATING TO FOWL AND RABBITS GENERALLY, OF ARTICLE I, RE- LATING TO GENERAL MATTERS, OF CHAPTER 4, RELAT- ING TO ANIMALS AND FOWL. On motion of Councilman Pritchard, seconded by Councilman Miller, the second reading of the ordinance was waived, and by the following vote, the above ordinance was passed: AYES: NOES: ABSENT: Councilmen Pritchard, Silva, Miller and Mayor Taylor None Councilman Beebe ORDINANCE RE AMEND. SEC. 21.00 RE MOBILE HOMES, TRAILER PARKS, ETC. * * * Councilman Miller felt that an item regarding the provision of new trailers, and that any vacancy be replaced by a new trailer had been deleted from the proposed ordinance, and made a motion to have a first reading of an amended trailer ordinance in this regard. He felt this had been approved and there was a 2-2 vote last week, and asked Councilman Pritchard to indicate his approval, however Councilman Pritchard did not feel this was a fair requirement and the motion was then withdrawn by Councilman Miller. A motion was made by Councilman Silva, seconded by Councilman Pritchard, to waive the second reading, and by the following vote, the ordinance titled below was passed: AYES: NOES: ABSENT: Councilmen Pritchard, Silva, Miller and Mayor Taylor None Councilman Beebe CM-24-200 June 28, 1971 ORDINANCE NO. 751 (ORDINANCE RE MOBILE HOME PARKS) AN ORDINANCE AMENDING SECTION 21.00, RELATING TO SPECIAL PROVISIONS, OF ORDINANCE NO. 442, OF THE CITY OF LIVERMORE, AS AMENDED, RELATING TO ZONING, TO ADD SUBSECTIONS 21.20 THROUGH 21.27, RELATING TO MOBILE HOME, TRAILER, TRAVEL TRAILER, AND RECREATION TRAILER PARKS; TO REPEAL SUBSEC- TIONS 21.49, 21.49.5 and 21.58, RELATING, RESPECTIVELY, TO PARKING AREAS, SHADE TREES IN PARKING LOTS AND TRAILER PARKS; TO AMEND SUBSECTION (b)( RELATING TO MILTIPLE-FAMILY DWELLINGS, OF SUBSECTION 21.44, RELATING TO MINIMUM OFF- STREET PARKING REQUIREMENTS - SPECIFIC, BY THE ADDITION OF SUBSECTION (5), RELATING TO MOBILE HOME PARKS; TO ADD SUB- SECTIONS 21.90 THROUGH 21.97, RELATING TO REGULATIONS FOR TOWNHOUSE DEVELOPMENT; AMENDING SECTION 31.00, RELATING TO DEFINITION, BY REPEALING THE DEFINITIONS OF !!NURSING HOME!!, !! PARKING AREA, PRIVATE!!, II PARKING AREA, OFF-STREET PARKING LOT, PUBLIC OR PRIVATE!!, "PARKING SPACE, OFF-STREET","SIGN", AND !!TRAILER PARK, TRAILER COURT, TRAILER CAMP", CONTAINED THEREIN. * * * A letter was received by Councilman Pritchard with reference to an access road to Hartford Avenue from Springtown, and he asked the Pub- lic Works Director when this was to be scheduled. Councilman Pritchard also mentioned the dust pro- blem in that area due to construction and asked if something could be done. MATTERS INITIATED BY COUNCIL (Access to Hartford Ave. from Springtom: Mr. Lee stated that the dust would be taken care of by surfacing the road, or it would be closed to traffic, and a report will be forthcoming on the access. * * * Councilman Pritchard stated there was a traffic hazard, caused by persons attempting to make a turn onto Larkspur Drive, as there is only one- way traffic from the Gulf Station, and Mr. Lee advised that he would check into the matter as the station owners had been advised of this problem at the time the building permit was issued. (Traffic Hazard - Bluebell Dr. & Larks pur Dr.) * * * A communication was received from ABAG re AB- (AB 1057) 1057, Regional Government, that there be dir- ectly elected regional government rather than regional government consisting of elected County and City officials. The City had opposed this bill before as they were for government by elected representatives, and felt they should direct the staff to indicate that to our Assemblyman. Councilman Miller suggested a half and half, but did oppose all directly elected officials. It was the consensus of the Council that they would prefer, if they must compromise, the half appointed and half elected official body for regional government. * * * There being no further business to come before ADJOURNMENT the Council the meeting was adjourned at 9:45 p.m. to a brief executive session to discuss legal matters. Inasmuch as Councilman Beebe was not present, it was felt that they would not adjourn to the Fire Station for the Budget Session as in- dicated in the Agenda. CM-24-201 APPROVE ATTEST Regular Meeting of July 12, 1971 A regular meeting of the City Council was held on July 12, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:12 p.m. with Mayor Taylor presiding. * * * ROLL CALL PRESENT: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor ABSENT: None * * * PLEDGE OF ALLEGIANCE Mayor Taylor led the members of the City Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES The minutes of the meeting of June 28, 1971, were approved as submitted, on motion of Councilman Silva, seconded by Councilman Pritchard, by unan- imous vote (Councilman Beebe abstaining). * * * o PEN FORUM (Traffic Problem) James McAtee, operator of the service station on the corner of Bluebell Drive and Springtown Blvd., stated that a "No U TurnfT sign had been erected on the corner of Bluebell Drive and Larkspur Dr. which had caused his business to drop 25%. He had proposed to extend a driveway so that a left turn could be made into the station. Daniel Lee, Public Works Director, said there had been previous dis- cussion regarding extension of the driveway beyond the intersection. There is not sufficient room at the corner for a U-turn without back- ing up and this was the reason for the sign. The Gulf Company had proposed extending the driveway to the intersection of Larkspur Dr., which would make it a four-way intersection; this would increase the points of potential conflict at the intersection and might even- tually lead to the necessity for a traffic signal. If the driveway were extended, it should be extended far enough to avoid the con- flict at the intersection. The Gulf Company had been aware that medians would be located there at the time of construction. Mayor Taylor said the problem seems to be between public safety and the convenience of the customer. Councilman Silva suggested that a full report be requested regard- ing this corner and traffic problems. Mr. Lee suggested that he also discuss with Mr. McAtee and and a Gulf Company representative alternatives for this problem before report to the Council. * * * Viktor Hampel, 1143 Canton Avenue, petitioned the Council regarding his letter dated June 7 stating damage has occurred to his property due to a City approved tree. He requested that a reply be di- rected to him from the City Attorney in this regard, as had been instructed by the Council. Mayor Taylor asked that the status of this matter be determined. (Sidewalk Damage) Leo von Gottfied, 3847 Yale Way, referred to notification received regarding repair of sidewalks. He felt it makes no sense to re- pair the sidewalks if the trees are to remain. Neither did he feel the form received could in any way be considered due process. He urged the Council to be receptive to suggestions from the citizenry. CM-24-202 July 12, 1971 Dallas Smith, 194 EstatffiStreet, said he under- (Sidewalks) stood it was his responsibility to repair the sidewalk. He felt the situation was unfair as the problem was caused by trees which the City required. Mayor Taylor asked how many notices had been sent out, and Mr. Lee said approximately 100 in the first and second of five areas to be handled. Mayor Taylor said he felt that the manner of notifi- cation should be reviewed so that the citizens receiving them would understand the situation better. Mr. Parness agreed that the letter which was being mailed could be reworded and more de- tailed information given. Councilman Miller pointed out that the trees in this area of town were not City approved trees, but those required by the FHA. The problem had arisen because of the width of the parkway strip; in recent years the sidewalks have been placed adjacent to the curb and trees planted within the yard area. Councilman Beebe referred to discussion regarding removal of the tree causing damage and allowing another tree planted within the yard area. Councilman Silva felt some of the history and reasons for the trees could be included in the letter sent out to the residents. Mayor Taylor pointed out that the City is in the process of getting bids for all of the repair work, so that the residents may have the choice of doing the work themselves or having it done at the lowest possible price. Mr. Lee said there is uncertainty as to how to proceed; contractors doing this type of work might not be able to handle such a large volume. Perhaps the situation should be reviewed week by week to see how much work will be involved. The Council discussed the manner for obtaining the bids for the sidewalk repair. Mr. Parness restated his suggestion that the notice be redrafted as a public relations gesture, and that after the proper notice and a reasonable time, a report be made to the Council regarding the amount of work to be done; then the Council can decide how to carry out the program. Councilman Miller said he thought that this had been discussed at the budget hearing, and he felt the people should be given an option to have the work done by one master contractor under the direction of the City with the hope of getting the lowest possible price; doing it themselves; or hiring their own private contractor. This should be included in the notice and time given so that a logical choice can be made. The City Attorney advised that the notices sent out by the Public Works Department are statutory in nature - the exact language is specified by the Streets and Highway Code, and cannot be eliminated. Mr. Hampel asked when the policy allowing removal of a street tree was instigated as he had requested removal of a tree and had been denied this option. Mr. Lee said this had been the policy for several years. * * * Mayor Taylor said the tentative budget had been available to the public for some time, and the City Manager reported that after changes decided upon by the Council, the operating budget has been balanced and the capital outlay budget is under preparation and will be available for review in the next few weeks. The Council has elected not to suggest a tax increase or modifications of the sewer service charge. PUBLIC HEARING 1971-72 Fiscal Budget CM-24-203 July 12, 1971 (P.H. - BUdget) Mayor Taylor opened the public hearing. Robert Allen, 223 Donner Ave., said that salaries are one of the major items in the budget. He cited increases over the past two years and computed a median increase of 16.1%, based on the preliminary budget without increases allowed by the Council for the staff. He asked when the final salary ranges would be available, and was handed a copy of the salary resolution for re- view. He was advised that the Council had reviewed his written report on salary increases. Mayor Taylor stated that a dollar limit had been set on certain salaries (no more than $100 per month) while other members of the staff received an increase on the order of 5.5%, with certain se- lected department heads receiving more since a salary survey indi- cated they were out of line. Councilman Pritchard wished to point out that the decision regard- ing salaries was not a unanimous consensus on anyone item. Councilman Silva made a motion, seconded by Councilman Beebe, to close the public hearing, and passed unanimously. Councilman Miller said he would like to reduce the increase allotted to the Chamber of Commerce and made a motion to make the Chamber's allocation in the amount of $6,000 originally budgeted. Councilman Silva objected to detailed discussion of the various items as these had already been discussed during the budget sessions. Mayor Taylor seconded the motion which failed to gain a majority by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman he did not of $30,000 be $60,000 that money Beebe stated he was voting against the budget because feel the deletion of the street repair item in the amount was justified. It was shortsighted to think there would available next year for this item. Mayor Taylor agreed was necessary to fix streets. Councilman Silva made a motion to adopt the 1971-1972 fiscal budget, seconded by Councilman Pritchard. The motion failed by the follow- ing vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Mayor Taylor indicated he did not agree with many items in the budget, but voted for it as he thought they had arrived at the best compro- mise possible, and asked if there was an alternate motion. Councilman Silva stated he had not changed his mind about the pre- liminary budget, but was of the opinion that Councilman Pritchard had, and asked what his motion might be. Councilman Pritchard stated there are things they did not all approve of in the budget, but did not wish to spend the evening debating the budget; if it was not to be approved as they had agreed in the budget hearing,he would exercise the same prerogative, and give a dissenting vote. Councilman Silva made a motion to return to the expenditures in the budget the $30,000 street resurfacing program; these fees to be transferred from the park fund of which there consists something like $160,000. The motion was seconded by Councilman Pritchard. Councilman Beebe made a motion to amend the main motion by a com- promise and suggested $20,000 to keep the street program going, reduce the park fund by that same amount, and restore $10,000 to the park fund. The amendment failed for lack of a second. CM-24-204 The main motion was then voted on and failed by the following vote: July 12, 1971 (Public Hearing- Budget) AYES: NOES: Councilmen Beebe and Silva Councilmen Pritchard, Miller and Mayor Taylor Oouncilman Miller made a motion to adopt the 1971-72 budget which they tentatively agreed upon at the budget session, commenting there were items in the budget he did not approve of such as the one his amendment had tried to correct. Councilman Pritchard se- conded the motion, which failed by the following called vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Silva and Pritchard Councilman Silva spoke to Councilman Pritchard's remark by stating they had voted 3-2 to approve the preliminary budget, with Council- man Beebe and himself dissenting. Councilman Miller added he re- called there were three votes to approve the budget as it stands, with the direction to the staff to put back the money over the next couple of years to take care of the street resurfacing which they all agree needs to be done. Councilman Pritchard stated that perhaps they should have another study session to review the budget, and after some discussion a motion was made by Councilman Miller, seconded by Councilman Beebe, to table the budget until the end of the meeting, and passed unan- imously. * * * CONSENT CALENDAR The City Attorney submitted a report in reply to a request on June 14 by Mr. Hampel and Mr. Norman regarding inspection of public records, specifically with regard to sidewalks. * * * A communication was received from Robert Allen with regard to railroad grade crossings. This matter will be discussed during the capital im- provement study session. * * * A resolution authorizing solicitation of bids for Airway Boulevard construction. This work, formerly auth~rized by the City Council, is to widen Airway Blvd. for its full length along our industrial acreage and to extend the utility lines to service the three acres which have been lease. Report re Sidewalks Communication re RR Grade Crossings Solicitation of Bids - Airway Blvd Improvements RESOLUTION NO. 72-71 RESOLUTION ACCEPTING AND APPROVING PLANS AND SPECIFICATIONS ASCERTAINING WAGE SCALE AND DIRECTING CLERK TO ADVERTISE FOR BIDS. James McElroy, 1345 Wagoner Drive, asked if Airway Blvd. will be straightened, and Mr. Lee advised this change had been incorporated in the design. * * * CM-24-205 July 12, 1971 Acceptance Tr. 3206 (H.C.Elliott) All fees have been oaid and the work installed to City standards, in Tract 3206 and it is now ready for acceptance by the City for maintenance. RESOLUTION NO. 73-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3206 Salary Res olut ion * * * In accordance with the decision of the City Council during the budget process, changes have been made for all employee classifications as to wage rates. RESOLUTION NO. 74-71 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. 5-71. Report re Major Developments Communication re General Plan Studies - League of Women Voters Minutes - Beautification Committee Approval of Consent Calendar REPORT RE FINAL MAP TRACT 3294 (H.C. EIJbtt) * * * A report regarding pending major developments was submitted by the Director of Planning. * * * A communication was received from the League of Women Voters regarding a study of various general plans for the Valley. Mayor Taylor felt this report had some merit and suggested that it also be referred to the Planning Commission. * * * Minutes of the meeting of June 15 of the Beautifi- cation Committee were acknowledged. * * * On motion of Councilman Beebe, seconded by Council- man Silva, and by unanimous vote, the items on the consent calendar were approved as presented. * * * The Public Works Director reported that the improve- ments on Tract 3294, the townhouse development on Murrieta Blvd. near Portola Avenue, have been com- pleted and recommended execution of the subdivision agreement and acceptance of the bonds and approval of the map. Motion was made by Councilman Beebe, seconded by Councilman Silva, and approved unanimously, to authorize execution of the agreement and acceptance of bonds and approval of the map. RESOLUTION NO. 75-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3294 RESOLUTION NO. 76-71 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3294 CM-24-206 * * * A communication was received from David S. Madis re Tract 2745 inasmuch as the owner, Daniel Gillice, had requested permission to discuss this matter with the Council. July 12, 1971 COMMUNICATION RE TR. 2745 and REPORT Mr. David Madis, representing the developer, Daniel Gillice, stated this item was before them on the matter of the final map and asked Mr. Lee to give the Council the background as far as englneering considerations and other problems with regard to the final map. Daniel Lee stated this was a map within a map, actually Tract 3285 is the condominium subdivision of Lot 7 in Tract 2745 and it is recommended that the improvements in Tract 2745 be approved concurrently with the acceptance of the final tract map for the condominium Tract 3285. Most of the improvements are done in the original tract, which is behind the hospital, and the public works improvements that are not completed are minor, consisting of street trees and sidewalks on some undeveloped lots and fence repairs along the Arroyo Mocho. There is a letter from the bonding com- pany stating the bond still on file is sufficient to cover these items up to the amount of $9,000. The City has a cash bond for the balance of credits, minus the $4,700 fees that are due, which is sufficient to complete the improvements that are remaining. It is recommended that concurrently with the acceptance of the new tract the Council accept the improvements in the old tract, exon- erate the original bonds except the $9,000, accept the improvements that are uncompleted and accept the accounting on the credits and fees that are due on the original tract. The City Attorney has approved the covenants in conjunction with the condominium develop- ment and it is recommended that the Council resolve the matter of park fees on the tract. Mr. Lee further explained that the city limits line ran through Lot 7 which is now being subdivided as a condominium development, and that for one-half of the lot, which now comprises about 62 units, the developer is paying fees at the rates which were in effect at the time for Tract 2745 which is reflected in the account- ing of fees. The easterly half which was inside the City when Tract 2745 was developed was not subject to park fees, but at the time the Council accepted the last tentative map (Tract 3285), it was their understanding and interpretation of the Council's dis- cussion that this was new development within the City and the park land dedication or fees in lieu thereof would be charged on the easterly one-half. There are 63 units in this part and the fees would be in the amount of $333.00 per unit for a total of $20,979.00, or land in the amount of approximately 1.2 acres. There was discussion at the time of approval that the developer might dedicate land within the same planning unit. Mr. Lee ex- plained that the developer is now questioning the dedication re- quirement on the 63 units on the easterly half of the property. Mr. Madis.stated that this is a situation where no fees could be collected on Tract 3285 as to the 62 units, for which a charge of $333.00 per unit is now proposed, if a condominium map had not been filed on the property. In other words, no fee would be pay- able if this were retained in a single ownership and used as a rental property. The owner has elected, however, to file a map on the project and to divide it into 124 units, owned separately. There will be no increased duty or responsibility as far as the City is concerned; but now an additional $21,000 in fees is being required merely because the ownership will be divided. This additional cost will have to be passed on to the buyers and the effect will be that the individual homeowner will be taxed, whereas the large landholder would not be taxed this additional amount. The potential homeowners will not receive any additional benefit from the additional charge, when in fact, the City will receive additional tax from the individual units. An additional burden of $21,000 has been placed on this one-half of the property, and they felt this was unfair. Further, it is possible under State CM-24-207 July 12, 1971 (Tract 2745- Gillice) Subdivision Map Act to have a condominium project without ever filing a tentative map or coming be- fore the City of Livermore for approval, thereby avoiding the imposition of additional fees. Mr. Madis explained that this mechanism is now being used extensively for condominium projects allover the state, but that he was unaware of this procedure at the time of the original filing of this appli- cation. In answer to Councilman Pritchard's question, Mr. Madis stated they did not wish to withdraw their application as they felt this would be unfair to the City as they believed in local planning and control by the City. Yet they felt this additional burden was unfair to this development. The City Attorney said he had read the section Mr. Madis referred to, and explained that it had been added to the Map Act in 1965; at the same time as the section on park dedication. The terms of this section are not entirely clear. As Mr. Lewis understood the condominium section, the City is not to collect a fee for map checking, which is permitted by the Subdivision Map Act, based on the number of units in the air, but rather the usual way based on the number of parcels in the condominium subdivision. For example, Lot 7 will have perhaps 125 units, a number of which will be in the air and the lot will be divided in somewhat a three dimensional way; the air space is divided up for the purpose of sale and this is the difference between the condominium subdivision map and the ordinary subdivision map. The legislature intended that the fee not be based on a division of air space and can be controlled only insofar as zoning controls. The state law on park dedication allows the City to adopt a local ordinance using a reasonable fee based on the community burden. Using Mr. Madis' interpretation, a condomin- ium subdivision, whether created now or created as in this case - dividing up an existing building - would escape any fee; he did not feel this was the intention of the Legislature when this sec- tion was written. Therefore, he differed with Mr. Madis and ad- vised the Council that they were entitled to require the payment~ these fees. Further, this section uses an occurrence, i.e. the act of subdividing, as the vehicle for collecting this fee, and he did not see any inequity for collecting this fee now and using it for developing neighborhood parks. There is no question of collect- ing a double fee as park dedication was not required on the eastern part of the project when it was built; these fees can now be im- posed as an event, the subdivision of an existing building, is occurring under the City's jurisdiction. Councilman Pritchard asked if the units which were already sold had been sold at a price including the additional park fees; Mr. Madis said they had not. Councilman Miller said that if the fees were not included in the price, then a business mistake had been made because they were aware that the fees were to be charged at the time of approval. Councilman Beebe made a motion to approve the Public Works Direc- tor's report and specifications including park fees as discussed. The motion was seconded by Councilman Miller. Mr. Madis said when Tract 2745 was originally drawn on the map and accepted by the City a portion, in excess of five acres, indicated now on the map as channel, was taken from the development for dedi- cation to the City for recreation, flood control and other public uses. They did not feel that all of this area was necessary for a flood control channel; a credit should be given for a portion of this five acres which will be used for recreational and park pur- poses to be fair and equitable to the developer. Councilman Silva said he thought some density transfer was allowed for this dedication. Mr. Madis said some density transfer was allowed for development at 16 units per acre but actual development CM-24-208 July 12, 1971 was at thirteen units. There was this additional (Tract 2745 - density to be considered. Councilman Silva asked Daniel Gillice) why these arguments were not presented at the time of approval of the tentative map. Mr. Madis replied he had been optimistic about the Walnut Creek park dedica- tion case and possibly had made an error in this regard. He said he had not been aware of the conditions regarding the five acres dedicated from Tract 2745. If the Council rejects their arguments, Mr. Madis requested that a period of 90 days be given to the developer to work out the park dedication with the City staff for the area to be dedicated for public park between Arroyo Road and Holmes Street. Councilman Beebe said this was a part of his motion as this pro- vision was included in the recommendation from the Public Works Director. Councilman Miller said this should be subject to Coun- cil review. Mayor Taylor stated this proposal is to work out some kind of agreement regarding this additional land. The Planning Director explained that the formula agreed upon for the density transfer included any possible park dedication require- ments; it was the total property, less the channel, less any park dedication, and the remainder was allowed for density transfer. Councilman Beebe restated his motion to condition the approval subject to review of the agreement between the staff and developer, and Councilman Miller agreed. Councilman Miller said if this is to be changed from apartments to a type of single family ownership, since all the fees have not been paid, then the question is open as to which annexation fee should apply. He submitted that the equivalent single family an- nexation fee should apply, which is $75 per unit rather than the $50 now charged. The City Attorney stated that Resolution No. 75-64 specified $75 for single family and $50 for multiple family units. Condominium as defined by the Civil Code has a specific category; it is classed for zoning purposes as single family, but he thought perhaps con- dominium is not typical of the single family unit. The annexation agreement states that where land is partly developed and partly undeveloped, for the purpose of assessing the fees each building shall be given approximately 6,000 sq. ft. of land which indicates the Council had a concept of a house and a lot. Whether a condo- minium is closer to a multi-family unit as contemplated by the resolution or whether it is more like a single-family unit must be determined. If it is decided it is closer to a single-family unit, then it must be decided which fee is to be charged. He did not know why a difference in fee had been designated in the resolu- tion. Councilman Miller did not feel that the Council had intended the difference in fee to be proportional to the area for single family and multiple units. There was a per unit intent in the resolution. Councilman Miller made a motion to amend the motion to set the annexation fee at $75 rather than $50 for the units to be converted, but the motion for amendment failed for lack of a second. Mr. Lee pointed out that for Tract 3285 there is not a subdivision agreement as improvements are being completed in conjunction with Tract 2745. If the park fees are to be delayed, there should be an agreement to protect the City as there will not be a bond. Mr. Madis was agreeable that an agreement be worked out that appro- priate land, subject to staff approval, or in lieu fees would be paid by the signing of the tentative map. CM-24-209 July 12, 1971 (Tract 2745 - Daniel Gillice) Mr. Madis stated one of the engineering considera- tions they wished to discuss concerned the paving. The paving had been completed, but there was a question regarding additional requirements. Mr. Lee said that one of the conditions for approval of the tentative map was that the internal streets be constructed with a section equal to a traffic index of 4.5 for fire and police vehicle access. Mr. Madis requested that the condition be deleted as the paving was adequate now and had met the standards at the time of construc- tion, and should not be inadequate simply because the air space is now being divided. Councilman Pritchard stated that if this is indeed a requirement, then any other apartment units and buildings in town should be required to improve their standards for public safety. Councilman Miller felt that in this case the City does have the option to require the higher standards and should do so. Mr. Lee said several items had been checked, such as lighting, sprinkler system for the common landscaped areas, but the paving had not been determined as being adequate since Mr. Madis had re- quested this item be placed on the agenda for approval before the Public Works Department had checked all of these items. Councilman Silva made a motion to amend the main motion to include the recommendation of the Public Works Director that the internal paving be brought up to the present standards, if necessary. The motion to amend was seconded by Councilman Miller and passed by a four to one vote (Councilman Pritchard dissenting). The amended motion to accept the Public Works Director's recommend- ations and specifications for approval, including the condition that the park agreement worked out by the staff and developer be reviewed by the Council, and that the internal street standards meet the requirements for a traffic index of 4.5 was passed unani- mously. * * * TENTATIVE MAP TRACT 3333 (H.C. Elliott) A tentative map has been submitted for Tract 3333 (H.C. Elliott) for property located southerly of Las Positas Boulevard, northerly of Arroyo Mocho. Councilman Miller made a motion to deny the tenta- tive map on the following grounds: the School Dis- trict has pointed out there are no school facilities to serve this property and existing facilities are fully occupied. This is a public welfare matter covered by the City's police power and, therefore, this subdivision map should be denied. In response to Councilman Silva's question, the City Attorney ad- vised that he did not believe the City could legally take such action. Mayor Taylor agreed with Councilman Miller's concern as there will be no more school buildings built in the foreseeable future unless a bond issue is passed or some other action taken. He seconded Councilman Miller's motion for denial. The motion passed by the following vote: AYES: Councilmen Pritchard, Miller and Mayor Taylor NOES: Councilmen Beebe and Silva. * * * RECESS AFTER A BRIEF RECESS THE MEETING WAS RESUMED WITH ALL COUNCILMEN PRESENT. * * * CM-24-210 A tentative map has been submitted for Tract 3342 by Hofmann Company for property south of Stanley Boulevard, east of Isabel Avenue. July 12, 1971 TENTATIVE MAP TRACT 3342 (Hofmann Co.) The City Attorney stated the issue regarding schools and denial of tentative maps on this solved. Unless there is some distinguishing north side as opposed to this section of the should have the same effect. basis must be re- factor for the City, Council action Mayor Taylor stated that the previous map represents a new exten- sion to the City while Tract 3342 is the last map of an existing PUD, but Councilman Pritchard said ;he could not see that any difference existed in the situation. Mr. Musso pointed out there was no testimony in the referral from the School District regarding this subdivision as was made for the tract previously considered; the matter to be considered re- garding this tract is the redesign caused by the relocation of Murdell Lane. The City Attorney explained that if there are schools to serve one part of town and not others, this is one matter; if the school system as a whole has the capacity to absorb students, this is a point of consideration. If there is a distinction that can be made, this could be established at a later time. He wished to point out to the Council the problem regarding this issue. Councilman Miller made a motion to table the matter for one week to request information from the School District as to the ability to serve residents in this tract. There was no second to the motion. Mr. H. C. Elliott, developer of Tract 3333, which was previously denied, said his map as presented was acceptable and legal and two school sites had been indicated on the map. His feeling was that he would sue for damages, especially if the map of Tract 3342 is discussed and considered, whereas his tentative map was not. Mr. Musso said that the School District had expressed the desire for a continuance in order to study the last draft of the map of Tract 3342. Bruce Jamieson, representing the School District, said he was present to ask for a continuance in regard to this tract map as the map had only been reviewed in the morning and a decision had not been made. Mayor Taylor felt that an executive session should be held to discuss this situation with the City Attorney before proceeding further. At this time the Council Chambers were cleared in order to have an executive session concerning possible legal action regarding Tract 3333 and consideration of Tract 3342. * * * After termination of the executive session, the Council meeting was resumed. TENTATIVE MAP TRACT 3333 (Elliott - Cont'd.) Councilman Miller referred to his previous motion for denial of Tract 3333 (Elliott) tentative map. He stated that when he made his motion he had not believed he would gain Council majority for such action. He conceded that he made the motion to call attention to the school situation and such action as a possible solution to this problem. However, in order to have a proper test case, testimony made by school officials CM-24-211 July 12, 1971 (Tract Map 3333, and board members must be entered into the record H. C. Elliott) to strengthen the case presented. Councilman Miller felt denial on these grounds could be sup- ported and was the correct action to take in such matters for protection of the citizens. Until the record supports the case, the present motion in the circumstances does not provide appropriate record for avoiding a suit or supporting such a posi- tion. Councilman Miller made a motion to rescind previous action denying outright tentative map of Tract 3333 on grounds as stated; seconded by Mayor Taylor. Councilman Pritchard stated the net effect of the motion on the floor is to rescind previous illegal action. Mayor Taylor said that there are times the City has to resort to its police powers, granted by the state, to protect the welfare of the citizens; such action with proper foresight is entirely proper. Councilman Silva felt the motion for denial was illegal and this was his grounds for voting against the motion. Councilman Beebe agreed and stated that the Council should heed the advice of the City Attorney. The motion to rescind previous action, denying Tract 3333 tentative map was approved unanimously. The Planning Director explained several points to be considered re- garding Tentative Map of Tract 3333. He pointed out the property is bounded by the proposed Isabel Freeway, the Arroyo Mocho channel area, existing development on Curle~ Road and the Las Positas Blvd. In regard to the school situation, a plan was developed for the whole area which was submitted to the State. The Alameda School site to the north was approved; the Las Positas High School site was approved only because it is already purchased; objections were given to the Olivina School site; the other two school sites were approved as they were outside the airport approach. Other locations are possible and have been considered. Mr. Musso said the question is whether the subdivision map can be denied because the School District is unable to commit themselves regarding the school sites at this time. Mayor Taylor said a subdivision map has been presented to the Coun- cil indicating houses and possible school sites; it is not known whether the site will be approved. In previous cases a school site has been reserved, but a subdivision map might be filed on the pro- posed site in this case. Mr. Lewis said he did not feel it was proper for a tentative map to indicate a proposed school site as being divided into lots and parcels with a street running through it. It should be left as one lot on the map. The school site is a public facility and relates to the design of the subdivision. As a legal matter, if the Council feels a large lot should be left for possible acquisition as a school site, then this should be included in the design of the subdivision. Mr. Madis, attorney representing the developer, stated the Courts had rejected the argument in one case that a tentative map could be denied because the school district had not replied regarding a school site inasmuch as the School District has the powers of con- demnation for school purposes. Mayor Taylor commented that from a planning point of view the City has the right and power to indicate a school site when the map is designed. Mr. Musso said the School District decides where they want a school; then submit it to the jurisdiction that has authority. The Planning Commission can then give an unfavorable report; however the School District can overrule the Planning Commission and proceed to acquire the site. CM-24-212 July 12~ 1971 Councilman Beebe made a motion to continue this (Tract Map 3333) matter for one week in order to obtain comments from the School District; the motion was seconded by Councilman Silva. John Barker~ Associated Professions, said the applicant did not wish to continue the matter. He said that initially they were told by the Planning staff that no school sites were required; hence the map was filed without provision for school sites. On June 17, 1971, the School District wrote aletter to the Planning Director stating that inadvertently indication for a school site in the subdivision had not been included on their recommendation. Mr. Barker felt sufficient time had elapsed for study and review of this map. Mayor Taylor commented he understood the desire of the applicant to get this matter settled, but felt continuance should be made so that better planning can be done~ especially with regard to school sites. Mr. Madis said the applicant would be agreeable to continuance of this one issue with regard to the school site if the other issues regarding the map could be resolved. The City Attorney advised the Council regarding the time element set forth in the ordinance in regard to this matter, and said the tentative map should be considered at this time. For the benefit of the School District members, Mayor Taylor stated any aspect of the map pertaining to school site and location will be discussed next week. Mr. Musso said the next issue concerned the park site, which is indicated south of Olivina Avenue, backing on to the Arroyo Mocho. The only question concerns the saving of some of the trees by changing the configuration. Mr. Barker said they had agreed to maintain the worthwhile trees and these had been indicated on the map. Mr. Musso stated, hopefully, the City would acquire the Hagemann property some day to expand the park. Mayor Taylor stated that planning in this general area had been discussed once before and it was mentioned that the Hageman property was in some type of trust and asked if this had some bearing on the issue. Burke Critchfield stated that previously there was a problem in that when the Hagemanns sold the surrouncling property in 1962, there was a life estate created for Mrs. Hagemann. Since that time, and very recently, they have been able to acquire that life estate so there is no longer a restriction in that respect. Mr. Musso stated that the freeway alignment has been established. The developer had originally planned to file a subdivision map disregarding the freeway right of way line, but instead at the request of the Planning Department, filed a subdivision map taking the freeway alignment into account. There was a requirement for a major street in the event the State does not build a freeway. Yolo Way would include a turn-around and the stub street would be just a reservation so that ultimately access could be provided in the event the State does not build a freeway. During discus- sion regarding the design of the north-south collector street through this and the adjacent property, three alternatives were considered. One is to cross a bridge and then the railroad tracks to get to Stanley Blvd; this would probably be the most desirable, however the railroads will not agree to another crossing. The alternative, then~ is to curve the street in the direction of of Murrieta Blvd., or turning and staying on the north side of the creek and bisecting the park and school site to connect to Murrieta Blvd. CM-24-213 July 12, 1971 (Tentative Map Tract 3333) The present alignment was decided upon where no commitment will have to be made at this time as to the direction for extension. Access would be through Oli vina and Junco Avenues with future ac.- cess to Las Positas when development so requires. A parkway has been proposed within the freeway right-of-way. This would be a dedication of parkway that would be acquired by the State and replaced in kind and would be a part of the cross-Valley trailway system which would extend from the Wagoner Farms area. Mr. Musso said one of the problems in design was the pipeline which runs through the property. There are some lots indicated which may not conform with the ordinance, but these will be checked on the final map. Councilman Miller felt this should be indicated on the tentative map so that no confusion will arise when final ap- proval is to be made. Mr. Musso said that a check will be made of the tentative map and any non-conforming frontages or sizes will be noted, but the lines will not be redrawn on the tentative. Mr. Musso stated that the other big issue considered by the Plan- ning Commission was the required public works improvements on Oli- vina Avenue. The Public Works Department recommended that the developer improve the frontage on the Hagemann property; the Plan- ning Commission considered widening Olivina Ave. to Murrieta Blvd. but finally concluded that since there were two moving lanes and sidewalk on the north side the developer would not be obligated to improve all the frontage. Mr. Lee discussed some points concerning widening of Olivina Avenue, stating his recommendation that Olivina Avenue be widened through the Hagemann property. At present the street is two-thirds of the travel width and it should be widened including curbs, sidewalks and gutters because of the additional traffic to be generated. Mr. Lee felt this work should be done concurrently with this tract. It might not have to be done immediately; perhaps a cash bond could be made to insure completion of the work and securing of rights-of- way; secondly, he felt that the provision for extension of the collector street to Las Positas should be required after develop- ment of a set number of lots, perhaps 75 to 100 lots. Olivina Ave. will need to be widened to 72 feet which would require 17 ft. of additional pavement, plus 5 ft. of sidewalk; this could be required at development of 250 lots or a limit set by the Council. Mr. Lee recommended that the engineering considerations as written be adopted with the additional provisions that a cash bond be accepted in lieu of the construction on Olivina Ave., that right-of-way be acquired, with construction to be done after 250 homes in the sub- division or such time as the Council deems it necessary. Mayor Taylor felt Mr. Lee's suggestions were reasonable because of the large number of houses without other access. The City Attorney said that a condition requiring improvements of a street outside a tract must be substantiated by a clear showing that it is necessary for the proper design of the subdivision. Mayor Taylor pointed out that this tract could not be developed with the only access being provided by a partially completed street on the south and the other being a connection to a neighborhood street on the north with fur- ther access delayed for perhaps a lengthy period because of lack of development of adjacent property. Approval should be conditioned on some manner of guarantee that these improvements will be installed. He thought perhaps a benefit district could be formed. The City Attorney stated that an assessment district could be formed, and this could be considered. Mr. Lee added that a barrier strip could be retained on either side of the road. Councilman Miller said that design must include improvement of these streets as access without the improvements would be limited and even hazardous. He suggested that the Planning Director's re- commendations be adopted, leaving open the option of forming an assessment district. Perhaps a time period should also be given for the access on the north. Councilman Silva felt that provision should be worked out so that if this developer pays the full cost of development he will be re- imbursed by other developers using the street in the future. CM-24-214 July 12, 1971 Mr. Lee said that creation of a barrier strip as suggested would insure that part of the cost would be borne by abutting properties for the north access. When the developer purchased the property from the original owners, he understood the obligation for streets in the vicinity. The City Attorney said creation of a barrier strip might cause problems for access of the property owners. (Tentative Map - Tract 3333) Mr. Madis protested the suggestion of the City Engineer that the developer can be compelled under the Subdivision Map Act and the City ordinance to construct any public improvements on any pro- perty not on this subdivision. He stated this property has access comparable to other development in the City. In addition, there is the problem of non-ownership of the Hagemann property - with their protest and desire not to develop their property, and his client being powerless to proceed; he considered this to be an illegal and improper condition of the Subdivision Act. The Coun- cil cannot plan roadways on property until it is made available for subdivision. The Council would be asking his client to de- velop roadway on someone else's property without their consent which he felt was an illegal and arbitrary action. The City Attorney advised that the Council cannot force the developer to acquire any streets to serve the subdivision but if the street does not provide adequate access this could be grounds for denial of the map. Mr. Critchfield explained the position of the Hagemanns in re- gard to their property, stating that when this property was to be purchased from the Hagemann estage, an agreement was drawn up including reservation of this 5-acre parcel as a life estate; also, it was agreed that when Olivina Avenue was extended, it would jog so that it would go around the 5-acre parcel rather than cut through the property. If the street is widened as suggested, a number of very old fruit trees, and the fence would have to be removed. Mrs. Hagemann wishes to live on the property for the remainder of her life, and preservation of the site as a park has been considered. They protested any part of the five acres being taken for the widening of the street. Perhaps later some arrange- ment can be worked out. Councilman Miller said it seemed that the Hagemann property is protected, and the developer will have to work out some way to acquire property on the north side to provide for the street widening. Mr. Critchfield said he had not yet examined whether the agreement referred to would be binding on the successors of the purchaser Mr. Condor. Mayor Taylor said that the Council probably would not force de- velopment immediately, at least not until the park and school site is developed. Mr. Lewis asked that the record show that the Council believes it is an absolute necessity for adequate access to be provided, and this access must be extended to the other ownership. This is not a landlocked subdivision but needs to improve the access and make it less hazardous, and and it is the City's policy to allow its power of condemnation to be exercised to obtain the necessary right-of-way. The Council has the right to approve, disapprove, or conditionally approve a tentative tract map. The map can be disapproved because it is not designed properly to provide adequate access to existing public streets. Approval can be conditioned in effect upon design providing better access; unless better access is provided this would be an improper sub- division, which should be disapproved. Mayor Taylor felt approval of the map should include a solution for the access problem. CM-24-215 July 12, 1971 (Tentative Map A motion was made by Councilman Silva, seconded Tr. 3333) by Councilman Pritchard, to approve the tentative map of Tract 3333, subject to the provision of adequate access, which does not presently exist; such access on Olivina Avenue is to be provided within two years of the approval of the final map, but subject to review and poss- ible extension at that time by the Council; a cash bond and right- of-way to be provided as recommended by the Public Works Director, and the widening of Olivina Avenue past the Hagemann property assured by some vehicle; and the upper access and extension to Las Positas will be required with development of the first unit. Mr. Madis asked if it was agreeable then to work with the staff to form a benefit district to bear the cost of providing the two accesses. Mr. Lee felt this should not be done on Olivina Avenue as this was the responsibility of the developer as he knew the advantages and disadvantages inherent with the property. The north side is already developed. Councilman Silva said his motion was stated to mean that if anyone benefited from this widening of Olivina they should participate. If the Hagemanns are not determined to benefit, then they would not participate. Councilman Miller asked if the problem of blocks which are too long has been solved in the design. Mr. Musso pointed out that some changes have been made but not all of the blocks have been corrected. Councilman Miller stated the City has had a policy for some years that no block shall exceed 1500 feet without provision of a pedestrian ~alk or a street. Councilman Miller made a motion to amend the main motion to require that this provision be met, seconded by Councilman Silva. The motion to amend was passed unan- imously. Councilman Miller referred to the requirement that park dedication should be at the time of the first final map. Mr. Musso said that in lieu fees are accepted at the time of permit and land is accepted or a deposit made at that time. The Council discussed whether park dedication can be required at the time of the first map if only a small portion of the total units are included. Mr. Lewis said this was not a matter of concern in approval of the tentative map as approval is pursuant to the provisions of the ordinance. The motion to approve the tentative map of Tract 3333, as amended and conditioned with nothing implied or approved regarding the school site, was passed unanimously. The tract map is not approved pending a decision on the school site. Mr. Critchfield asked then about the position of his client, the Hagemanns. He asked if the City intended to exercise its power of condemnation. Mayor Taylor replied that eventually the street would have to be widened; the developer will have to guarantee to the City that the street can be widened whenever it is necessary. * * * TENTATIVE MAP TRACT 3342 (Hofmann Co.) Councilman Miller inquired why the tentative map of Tract 3342 (Hofmann Co.) was before the Council at this time when the Planning Commission would be considering this on Tuesday evening concurrently with PUD No. 15. Mr. Musso said that ordinarily this would be the case. Mr. Barker, Associated Professions, said they were told the PUD would be written in conjunction with the map itself. The major item of consideration of the map is the land use and the PUD would be drafted from that. CM-24-216 Mr. Musso said the developer had submitted a new map late that evening which had not been review- ed by the School District or LARPD. The shopping center location and multiple units were changed as well as the street design and the school con- figuration. July 12, 1971 (Tentative Map Tract 3342) Barry Scherman, representing the developer, stated that the map submitted was identical for all intents and purposes in land use, with the exception of the exchange of the multiple and commercial locations. The reason for the late submittal was the fact that it had just been given to him. Councilman Miller felt the map should be referred back to the Planning Commission and commented about the location of the park site. Mr. Scherman said the LARPD had requested the park site be changed as they felt the first plan had too much street frontage. Councilman Silva felt that the staff should review the map, whether or not it is referred back to the Planning Commission. Councilman Pritchard made a motion to accept the tentative map of Tract 3342 after Mr. Scherman made a change in the street design, seconded by Councilman Beebe, however the motion failed by the following vote: AYES: NOES: Councilmen Beebe and Pritchard Councilmen Silva~ Miller and Mayor Taylor Councilman Miller made a motion to submit the map for the review of the staff and the Planning Commission~ to be reconsidered by the Council on the 19th. The motion was seconded by Mayor Taylor. Council discussed the matter further but no vote was taken on the motion. Councilman Silva made a motion to continue this matter for one week and the staff was directed to bring the map before the Plan- ning Commission on Tuesday; motion was seconded by Councilman Miller~ and passed four to one (Councilman Pritchard dissenting). * * * The minutes of the meeting of the Planning Com- mission for June 29 were noted and filed. * * * The report submitted by the City Manager with regard to bicycle licensing and the proposed ordinance were continued for one week. * * * The report from the City Manager re municipal water department water assessment and the pro- posed ordinance were continued until the next meeting. * * * The report from the City Manager regarding the education incentive pay plan for the Fire De- partment was continued until the meeting of July 19. * * * The City Manager reported that a standard form agreement had been prepared for architectural services due to the golf course clubhouse modi- fication. The rates are listed in accordance MINUTES (Planning Commission~ REPORT RE BICYCLE LICENSING REPORT RE WATER ASSESSMENT REPORT RE EDUCATION INCENTIVE PAY PLAN (Fire Dept.) REPORT RE ARCHI- TECTURAL SERVICES (Golf Course Clubhouse) CM-24-217 July 12, 1971 (Architectural Services) with current practices and based upon a time and material formula; the maximum fee is listed at $2,000. On motion of Councilman Silva~ seconded by Councilman Beebe, and by unanimous approval, the City Manager was authorized to execute the agreement. * * * REPORT RE The federal government has instituted a new summer "STEP" PROGRAM work program called "Supplemental Training and Em- ployment Program" (STEP). A matter of 1800 posi- tions have been authorized for Northern California. Those intended to fill these vacancies would be, mainly, heads of households who are unemployed and might be on state or county wel- fare assistance and from minority groups. The pay, set at $2 per hour for a 40-hour week and extending over a 13-week term, is fully paid by the federal government which, incidentally, is tax free to the recipients. Our City has been asked to consider the acceptance of twenty such persons and every effort will be made to recruit them from our area. Our only cost is involved in some minor clerical recording. On motion of Councilman Pritchard, seconded by Councilman Silva, and by unanimous vote, the staff was authorized to execute this agreement. PROPOSED ORDINANCE RE REZONING (No. Livermore & Portola Aves.) AYES: NOES: * * * On motion of Councilman Silva, seconded by Coun- cilman Pritchard, first reading of the ordinance was waived (title read only) and the ordinance rezoning property located on the northeast cor- ner of North Livermore and Portola Avenues from RL-7 and RL-IO to RS-3 and Rs-4 Districts, was introduced by the following vote: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller MATTERS INITIATED BY COUNCIL (LARPD Master Plan) Tract Maps * * * Mayor Taylor indicated that a meeting had been set for July 19 with regard to the LARPD Master Plan. However, he would not be present for that meeting and asked if the joint meeting could be set for 7 p.m. the evening of July 26, and notifi- cation will be sent to the Recreation District. * * * Councilman Pritchard suggested that the School District should be advised that there is a legal time limit with regard to approval of the tentative map. The staff was instructed to note this action. * * * BUDGET The approval of the 1971-72 fiscal budget was con- APPROVAL tinued from ea~lier in the evening for further dis- cussion. A motion was made by Councilman Miller, seconded by Mayor Taylor to adopt the budget as tentatively agreed upon at the last budget session, and the resolution passed by the following vote: AYES: NOES: Councilmen Pritchard, Miller and Mayor Taylor Councilmen Beebe and Silva CM-24-218 RESOLUTION NO. 77-71 RESOLUTION APPROVING 1971-72 FISCAL BUDGET * * * July 12~ 1971 There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 1:10 a.m. to an executive session to discuss a legal matter. * * * APPROVE " ...-..,,\ ,/ .:' ATTEST \~ ~. * * * Regular Meeting of July 19, 1971 A regular meeting of the City Council was held on July 19, 1971~ in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor pro tempore Pritchard presiding. * * * PRESENT: ABSENT: Councilmen Beebe, Pritchard and Miller ROLL CALL Councilman Silva and Mayor Taylor * * * Mayor pro tempore Pritchard led the members of the Council and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * Clarence Hoenig, 588 Tyler Avenue, addressed the Council regarding the unencumbered budget allocation to the Chamber of Commerce for ad- ministrative services. He felt this item tends to undermine the confidence in local government. He said he had worked on the re- cent school bond election, as had the Chamber. There were many people in the City who had opposed this measure and were at a disadvantage. During the campaign he had observed that the Chamber offices were used continuously for that purpose. The burden of proof was the Chamber's and Council's to show that the budget allocation was not in any way used in the campaign for the election. Secondly, he had learned from members of the campaign that the Chamber Manager, Paul Marshall, had revealed that the Chamber plans to run Milt Codiroli for election to the Council next April. He did not believe it was ethical or fair to allow the Chamber an unencumbered fund which cannot be proved as not being used in a political campaign. The Chamber should be able to stand on its own two feet, and when this is achieved rapport will be gained and the underlying principle of democracy that no public funds are used for such elections will be supported. Therefore, Mr. Hoenig asked that the Council review their action in view of this statement. OPEN FORUM (Chamber of Commerce) * * * CM-24-219 July 19, 1971 Leo von Gottfried, 3847 Yale Way, read a letter from the ad hoc committee on sidewalk damages re- presenting homeowners claiming damages against the City due to sidewalk repairs necessitated by roots of required street trees planted between sidewalks and curbs. The letter was signed by Leo von Gottfried; 3847 Yale Avenue, Perry C. Norman, 1091 Madison Avenue; Viktor E. Hampel, 1143 Canton Avenue; Lucien B. Maccario, 1320 Anza Way; James Adam, 1162 Batavia; and Peter M. Griffin, 540 Jensen Street. One hundred eighty-eight claims for property damage signed by property owners were present- ed to the Clerk. (Sidewalk Repairs) At the end of the meeting Viktor Hampel presented 117 additional claims to the Clerk. (Granada Stadium Fund) (Recognition- DeMolay) North Livermore Reconstruction * * * Dr. Donald Rocco, on behalf of the Livermore Lions Club, referred to a letter received from the City Council, regarding the Granada High School Stadium Fund. He asked that the City Council support this effort by playing golf in the tournament and chal- lenging other City Councils. * * * Mayor pro tempore Pritchard recognized the presence of several members of the local chapter of DeMolay. * * * CONSENT CALENDAR A letter has been received from the Livermore Cham- ber of Commerce regarding the reconstruction of North Livermore Avenue. Councilman Miller requested~ that the City urge the County Board of Supervisors to undertake this reconstruction now while the road is closed due to freeway work. The staff was requested to direct a letter to the Board requesting that construction bidding take place as soon as possible. ABAG re Citizen's Task Force * * * A communication has been received from the Associa- tion of Bay Area Governments setting forth comments and a proposed schedule for establishment of a Citizen's Task Force. Councilman Miller stated that it seems some form of regional govern- ment is inevitable, and it would be useful to have a local represen- tative, perhaps from the League of Women Voters, on this committee. He requested that this item be included as a regular agenda item at a future meeting. Population Estimate Report re Bus Feeder Line Service CM-24-~20 * * * The State Department of Finance has estimated the total population of the City at 41,000 as of June 1. This is an increase of 3,297 from the official decennial census figure of 37,703 as of April 1, 1970. * * * A report was made by the City Manager regarding the bus feeder line service report printing. The budget item for this service was computed as $1500. However, the bids received by the BART staff indicate July 19, 1971 a low bid of $3123 resulting in a deficit of (Bus Feeder Line) $1623, not including tax. It is recommended that the City Council authorize an additional $600 as our participating share in the increased cost. * * * Report re County Radio Service Agreement A report was submitted by the City Manager re- garding the County Radio Service agreement. This is a franchise document required by the County and will extend year-to-year unless terminated by either party upon 30-day notice. All of our mobile radio equipment is now serviced by the County under an informal arrangement. The rates assessed are the actual costs to the County. It is recommended that a resolution author- izing execution of this agreement be adopted. RESOLUTION NO. 78-71 * * * RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT [n accordance with the memorandum of understand- Report re Education ing executed last year with three of the employee Incentive Pay Plan organizations, Education Incentive Pay Plans are required for institution on July 1. Copies of the plans pertaining to the Police Department and Fire Department were submitted to the Council for consideration. This item was continued, with the consent of the Council, at the request of the attorney for the Livermore Police Association. * * * A report from the County indicates that the total assessed valuation applicable to Liver- more will be less than the amount estimated by the City. This is almost entirely due to additional property exemptions granted by the County without our knowledge. A copy of the Finance Director's report was submitted also. * * * Report re Assessed Valuation Variances Proposed Industrial Annex No.6 An application has been received for annexation of approximately 200 acres of property located in the easterly extreme of the City, bounded on the north by US 580, on the east by Greenville Road, and on the south by the Southern Pacific railroad tracks. It is recommended that a motion be adopted to transmit this appli- cation to the City Planning Commission and to the Local Agency Formation Commission for report. * * * The final map of Tract 3293 has been completed in accordance with the conditions of the tenta- tive map. It is recommended, therefore, that the following resolutions be adopted approving the map and authorizing execution of the subdivision acceptance of bonds. Report re Tract 3293 (C.N. Fletcher) agreement and RESOLUTION NO. 79-71 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3293 RESOLUTION NO. 80-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3293 * * * CM-24-221 July 19, 1971 Report re At the City Council meeting of July 12 memorandum Park Dedica- of conditions was accepted concerning resubdivision tion Tr. 2745 of Lot 7, a portion of Tract 2745 and Tract 3285. Approval Tract An agreement has been prepared, executed by the 32~5) owner of this property, conceding to the negotia- tion of conveyance of park lands to the City. It is recommended that the following resolution be adopted authorizing execution of this agreement, approving map of Tract 3285. Departmental Reports Payroll and Claims Approval of Consent Calendar RESOLUTION NO. 81-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND APPROVAL OF TRACT 3285, CITY OF LIVERMORE * * * Departmental reports were submitted as follows: Airport - Activity - June Building Inspection -June Civil Defense - quarterly - April thru June Fire Department - June Library - Annual Municipal Court - May and June Planning Department - zoning activity - May and June Police and Pound Departments - May and June Water Reclamation Plant - June * * * One hundred fifty-five claims, dated July 16, 1971 in the amount of $141,283.78; one hundred fourteen payroll warrants, dated July 2; and fifty-eight payroll warrants dated July 7, 1971, were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrant No. 11185 for his usual reason. * * * On motion of Councilman Beebe, seconded by Council- man Miller, the Consent Calendar was approved unanimously. * * * The report regarding bicycle licensing was continued from the City Council meeting of July 12 for con- sideration at this time. Councilman Miller explained that he had requested an ordinance regarding licens- ing of bicycles be considered due to the large num- ber of inquiries he had received for such a measure. There is a high ratio of bicycle theft and licensing is meant to be a protective measure, not one for revenue. Council- man Miller made a motion, seconded by Councilman Beebe, to waive the first reading of the proposed ordinance amending the Municipal Code regarding licensing of bicycles (title read only) and by the following vote the ordinance was introduced. REPORT AND PROPOSED ORDINANCE RE BICYCLE LICENSING AYES: Councilmen Beebe, Pritchard and Miller ABSENT: Councilman Silva and Mayor Taylor Councilman Beebe explained that the licensing charge would be $1.00 for a permanent decal, and a $1.00 transfer fee if ownership is changed. The City Manager pointed out that the cooperation of the press would be appreciated to inform the public regarding times and places for licensing. CM-24-222 * * * In the preliminary budget review the City Coun- cil agreed to the assessment of 1% franchise fee against revenue derived from the municipal water operation. This fee would be consistent with that exacted from the California Water Service Company and P.G.& E. Funds are to be credited to the new fiscal budget. July 19~ 1971 REPORT AND PROPOSED ORDINANCE RE MUNI- CIPAL WATER DEPT. ASSESSMENT On motion of Councilman Beebe, seconded by Councilman Miller~ the first reading of the proposed ordinance amending the Municipal Code to provide for disposition of revenue as noted was waived (title read only) and by the following vote the proposed ordinance was introduced. AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Miller None Councilman Silva and Mayor Taylor * * * Appeal from denial by the Planning Commission of a Conditional Use Permit to allow construc- tion of a church at a site located between Dogwood Drive and Olivina Avenue at Nightingale Street has been made by the applicant, Rev. Charles A. Hill, for the Apostolic Faith Temple. of the applicant the matter was continued on June days. APPEAL RE DENIAL OF CUP (Apostolic Faith Temple) At the request 14 for thirty The Planning Commission denied the CUP for the requested use. Mr. Musso explained the surrounding area is predominately single family residential and the site is located adjacent to seven lots without street frontage due to a situation in existence at time of annexation. The Zoning Ordinance allows location of a church in any zone provided findings can be made that the site is large enough, properly related to traffic, not detrimental to adjacent properties, and approval can be conditioned if any of these situa- tions do exist. The Planning Commission denied the application primarily because they felt the use of the property where the church is to be located would preclude the proper development of the adjacent properties. Several exhibits had been prepared showing possible solutions in design. There are problems regard- ing access, location of the church building~ etc. Several of the adjacent homeowners felt the use would be detrimental to their property and a petition representing most of the adjacent properties was signed. Mr. Musso explained the site plan~ stat- ing there is adequate area for off-street parking, but due to the shape of the property, maximum parking use cannot be obtained. Rev. Hill said he realized they do not have a 2~ acre site, but there are other churches in the City which are on smaller sites and some without off-street parking. It was their wish to establish a place of worship and to work with the community. Mayor pro tempore Pritchard asked about plans for expansion of the building, and Rev. Hill stated it would be some time before a larger auditorium would be necessary; when the church outgrew the facilities, they would relocate and sell the present property to another church group. Councilman Miller agreed that small churches have a difficult job in finding a place to begin construction, but the Planning Commis- sion and City Council must take into account the effect of one property on another. He could see from a study of the map the problems of traffic and access and also the problem of the develop- ment of the other properties adjacent to the proposed site. With- out agreement among the adjacent property owners to ~:ork out the problems involved, he felt the recommendation of the Planning Com- mission should be adopted. Councilman Miller made a motion to accept the recommendation of the Planning Commission for denial of the CUP, seconded by Councilman Pritchard. CM-24-223 July 19, 1971 (Appeal re Church Site) Rev. Hill stated that one of the property owners had discussed a trade of land - the frontage on Dogwood for his lot on the back of the proposed site. He said the problem involved in regard to the shape and configuration of the undeveloped land in this area existed at the time the land was annexed, and whether this is developed by the church or someone else, the problem will still exist. Councilman Miller said that other development, such as a house, would not create the traffic problems. Mayor pro tempore Pritchard said he felt the CUP as presented on the narrow strip of land was inadequate. If some arrangement could be worked out for the other property to come together under one ownership, then a solution could be made. Allowance of the church on the proposed site did not seem to be good planning. Rev. Hill inquired if in the event the church could not buy the adjoining properties at this time and a property swap could be worked out, could the other property owners get access to their land through an easement. After further discussion regarding a possible land exchange, Coun- cilman Miller withdrew his motion and Mayor pro tempore Pritchard withdrew his second to the motion for denial. Councilman Miller then made a motion to continue the matter for two months to allow the applicant time to work out an agreement with at least the three property owners of the adjacent property, and hopefully all six of the property owners plus the church pro- perty for some type of arrangement to solve the problem of the landlocked properties. The motion was seconded by Councilman Beebe and passed unanimously. * * * TENTATIVE MAP TRACT 3333 (H.C. Elliott) Consideration of the tentative map for Tract 3333 (H. C. Elliott) was continued from the Council meeting of July 12, pending review of the school locations by the School District. The Planning Director stated this matter was continued to work out plans for the school site. The site had been relocated adjacent to the new alignment of Las Positas and Isabel freeway. Two designs had been indicated and the underlying subdivision was deemed satis- factory. The area where the school site was formerly located has been subdivided satisfactorily. A solution to the long blocks has been worked out with two pedestrian walkways and the additional street discussed last week. The improvement of Olivina Avenue and the extension of the collector street to connect with Las Positas at time of initial development has been indicated as agreed upon at the last meeting. Also indicated are two lot reservations in the event the Isabel Avenue freeway should be subdivided. The Planning Commission had discussed the existing tree stands and the channel. An existing oil line easement has dictated more or less the entire design of the subdivision. Mr. Musso explained that originally the School District had indi- cated there would be no schools necessary to serve the area. The Planning Commission agreed that the 7-8 school might be relocated somewhere else and that possibly the K-6 school might be just a K-3 school. Now the School District feels that both a 7-8 and K-6 school will be needed; that the Las Positas high school site should be relocated and the K-6 and 7-8 schools located on the present site off Murrieta Blvd. One problem with this site is that the State might object to the site due to the proximity to the airport. If the two schools are located on the high school site now owned by the School District, then sites in the tract might not be needed. The School District has agreed that if the school is located within the tract, the proposed site is the best location. CM-24-224 July 19~ 1971 Councilman Beebe inquired if the access streets required were being done by creation of a bene- fit district. Mr. Musso said he did not believe anything further had been done in this regard. This can be worked out in the future; the condition of approval of the map is that this be worked out in some manner. (Tentative Map Tract 3333) Councilman Miller asked how many trees will be affected in the middle of the subdivision as he did not wish to see these trees destroyed. Mr. Barker, Associated Professions, said three alternate sites had been proposed to the School District, and the one of their choice was agreed upon by the applicant for school reservation. The trees referred to are sycamore trees which are in very bad condition and they did not feel these trees were worth saving. The oak trees and a stand of euclyptus trees as well as some sycamores are within the park site. Indicated on the map are 7.8 acres of park dedication, and with the 30 acres set aside for school site reservation, approximately 100 lots will be lost from the subdivision. If the School District does use the site, they would expect the City or Park District would acquire the difference of land, i.e. if there are 280 lots the 7.8 acres of parkland indicated is in excess of the required dedication and they would expect the excess to be acquired. Councilman Miller said it might be wise to get an agreement now stating an option price if the excess parkland is acquired. The City Attorney stated that the question seems to be reasonable anticipation of the time when the City's bargaining position lessens or is greatest. Mr. Lewis said it seemed to him that it was greatest at the present time except for one limitation, which is that the City does not yet know what will happen on the park. It is not known when the final map will be filed; therefore, we find ourselves in the position of wishing to purchase land when, in fact, the park dedication may never come about. This could be covered by taking an option on the property contingent upon filing of the final map and agreement on the purchase price now. The final map could not be denied on this basis, but now is the best time to negotiate on a price for the additional land. Councilman Miller stated he thought they should proceed with negotiations to obtain an option, and Mr. Lewis suggested that the City Engineer and City Manager should discuss the matter and then meet with the applicant's representatives. Councilman Beebe made a motion to accept the tentative map, conditioned upon further negotiations between the staff and the developer regarding preservation of the park site, seconded by Mayor protempore Pritchard and passed unanimously. Councilman Miller stated he did not wish to vote for the tract map mainly because of the present state of the School District; however, it was clear that if the full Council were present there would be a majority in favor, and therefore, he would vote for approval to reflect this majority. * * * The Planning Director explained that the proposed TENTATIVE MAP - map was reviewed by all departments, the School TRACT 3342 District staff and the LARPD staff as directed (Hofmann Co.) when the matter was continued at the meeting of July 12. The final map is essentially the same as the one submitted by the applicant except that the street design has been changed to provide a through street from Amber Way. The main concern was the configuration of the school and park sites. The School Dis- trict wanted frontage on Murdell Lane and this has been indicated; the Park District did not want any frontage on Murdell Lane but CM-24-225 July 19, 1971 (Tentative Map the Planning Commission recommended that all of Tract 3342) the park dedication be taken on this site to open up the park and school site which is contrary to the recommendation of LARPD. The Planning Commis- sion instructed the staff to consider light, glare and traffic from the shopping center in planning the adjacent residential area. The plan as submitted as far as relationship of land uses is satis- factory. There is to be a 10-acre school site and a 6.58 park site with an additional lot to be added. The park and school site is long and narrow and, hopefully, the two districts can work out a good plan. The Planning Commission recommends approval of this plan. Councilman Miller felt the design in regard to the school and park site is better than the previous plan. Councilman Beebe made a motion, seconded by Mayor pro tempore Pritchard, to approve the tentative map of Tract 3342; motion approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, and Pritchard Councilman Miller Councilman Silva and Mayor Taylor AMENDMENT PUD NO. 15 (Hofmann Co.) * * * The Planning Commission considered the amendment of Planned Unit Development Permit No. 15 (Hofmann Company), a development of approximately 57 acres located south of East Stanley Blvd and easterly of Isabel Avenue, to permit construction of a commer- cial and residential complex. Barry Scherman pointed out that at the time of the previous amend- ment to the PUD the whole front section, including the cul-de-sac, along Stanley Blvd was indicated as commercial with two service stations granted at that time. The Carlton interests had expressed their desire to have this included in the tentative map; however, he assumed that this would be included in the discussion regarding the PUD amendment rather than at this time. Councilman Miller stated he wished to discuss the buffering regard- ing the commercial area as well as some other details but felt this should be done in connection with the PUD public hearing rather than the tentative map. Councilman Miller made a motion seconded by Councilman Beebe, to set the public hearing regarding amendment to PUD No. 15 for August 2, and it was approved unanimously. ZO AMENDMENT SEC. 21.70 (Signs) COUNTY REFERRAL REZONING TO RS (Pinguelo) * * * .~ ~rCdi;:~ . AAdraft of the pro~osed zoning ordinance amendment to Section 21.72-A-6 (Freeway Uses Signs), 21.76-G (Freestanding signs - Conditional Use Permit), 21.76-K (Conditional Use Permit), 21.75-D (Signs Visible from a Scenic Highway) was noted and filed. * * * A County referral has been received regarding re- zoning application for a site at 810 Herman Avenue located on the west side, about 880 feet. south of Scenic Avenue, from A (Agricultural) District to R-S (Suburban Residential) District to establish a mobile home park. Councilman Miller made a motion to accept the Planning Commission's recommendation for denial of the subject application; motion second- ed by Councilman Beebe, passed unanimously. CM-24-226 * * * County referral regardin? an application for rezoning of a site at 1348 South Livermore Ave. from R-l (Single Family Residential) to C-2 (General Commercial) made by Phillip and M.E. Redmond has been received to permit a vehicle storage area. July 19, 1971 COUNTY REFERRAL REZONING TO C-2 (Redmond) Mr. Musso explained that one of the arguments for allowing this rezoning was that the City is creating a large mound which would buffer this site and the future park site. The mound will, in fact, be a five foot landscaped knoll in the design of the park. Mr. Musso stated he would attend this hearing to present facts about the design of the civic center site. Councilman Miller made a motion, seconded by Councilman Beebe, to accept the Planning Commission's recommendation for denial of this application; motion passed unanimously. * * * A communication has been received from the Ala- COMMUNICATION RE meda County Planning Commission regarding Offi- SCENIC HIGHWAYS cial State Scenic Highways. Councilman Miller said the County Planning Commission is urging the City to declare our intent to conduct studies to qualify Highway 580 as a scenic highway. He said he felt the City should initiate steps in this regard. Councilman Miller made a motion to start the procedure to have Highway 580 declared as a scenic highway; motion seconded by Mayor pro tempore Pritchard passed unanimously. * * * The Planning Commission summary of action taken at the meeting of July 13, was received. PLANNING COMMISSION SUMMARY OF MEETING Councilman Miller referred to action taken approving signs at several service stations. He had looked at these signs and felt that only two of the six approved met the conditions of the ordi- nance. He wished to appeal the approval of the four other signs. (Agenda Items 4.2 and 4.34 Items 1 and 2, and Agenda Items 4.4 through 4.7, Items 1 and ). The motion was seconded by Mayor pro tempore Pritchard and passed unanimously. * * * ORDINANCE NO. 752 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. ZONING ORDINANCE AMENDMENT REZONING NE CORNER NO. LIVERMORE & PORTOLA AVENUES Councilman Beebe made a motion, seconded by Mayor pro tempore Pritchard, to waive the second reading of the ordinance, and by the following vote the above ordinance was passed: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Miller None Councilman Silva and Mayor Taylor For the record Councilman Miller stated he opposed this rezoning, but voted in the affirmative at this time to reflect the majority feeling of the Council and so expedite the Council's business. CM-24-227 July 19, 1971 MATTERS INITIATED BY COUNCIL (Sale of Property) ADJOURNMENT Councilman Miller said that a member of the LARPD had pointed out there was a legal advertisement for property for sale which might be the Sally property. Councilman Miller felt it might be use- ful to check this out so the City might bid on it. * * * There being no further business to came before the Council, the meeting was adjourned at 10:08 p.m. * * * APPROVE ~~~ Mayor ATTEST * * * Regular Meeting of July 26, 1971 A regular meeting of the City Council was held on July 26, 1971, in the Municipal Court Chambers, 39 So. Livermore Avenue. The special study session was called to order at 7:10 p.m. with Mayor Taylor presiding. ROLL CALL PLEDGE OF ALLEGIANCE SPECIAL ITEM LARPD PRE- LIMINARY MASTER PLAN * * * PRESENT: Councilmen Pritchard, Miller and Mayor Taylor ABSENT: Councilmen Beebe and Silva (on vacation) * * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Allegiance. * * * The Planning Director stated that generally the Planning Commission felt that the park standards included in the LARPD Preliminary Master Plan should be revised; they did concur with LARPD that cost of park development is such that possibly more community and less neighborhood type parks are desired. However, they felt the total park requirements were considerably less than the park dedication which will be obtained by the City and were less than the standards used in the past. The City has always interpreted the State requirements to mean that park dedication is to be used to serve the area from which dedication is made. This would mean local parks and not major regional or district parks which are designed to serve other than a local neighborhood. The Planning Commission did concur with some of the recommendations of LARPD; however they would like to have the LARPD and City consider vest pocket parks or play lots as a supplement to the larger parks. The Commission felt the park standards should cover the amount of park land that will be dedicated (two acres per 100 dwelling units). CM-24-228 July 26, 1971 One major change that has occurred is that two district parks have always been included in plans--one on the north side and one on the south side which was determined to be the park at the Civic Center; this park is now indicated to be a community park, and district parks are indicated to be areas such as Brushy Peak and Mines Road. The City and LARPD plan in 1965 proposed one neighborhood park for every school; one community park, such as May Nissen, for every Planning Unit; two district parks~ one on each side of town. Now community parks are increasing and neighborhood parks are about the same as origi- nally proposed. (Special Item- LARPD Preliminary Master Plan) Mayor Taylor stated that there had been a park of about 100 acres indicated near the Rod and Gun Club on the Livermore General Plan. Mr. Musso said that in 1967 when this designation was first made LARPD was contacted about their choice for a park on the north side and they choose the FCC monitoring station due to the possi- bility of getting it as surplus property. The City has always indicated the Dalton site. Lowell Bergman of LARPD stated that the Master Plan presented has not been accepted by the Board as yet; they wished to get the comments of the Council, the School District~ and the County first. Mr. Musso explained that the staff recommended that all types of parks would come from the required park dedication. The size of the community park would be based on the size of the Planning Unit which is determined by the number of schools in the unit. In answer to Mayor Taylor's question, Mr. Bergman explained that the plan being studied is a park district master plan and included in this plan would be capital facilities such as buildings and pools. Also the Brushy Peak area could be either a district or a regional park according to the type of development; it might have a hiking trail leading into it with very little development there as a regional park. Mayor Taylor suggested that the Council discuss the question of whether the park district envisons lower park acreage than the present dedication will bring. The Council has been under the assumption that there would be park dedication of two acres per 100 d.u. in the newer areas of town; as he understood the plan there would be a lower ratio of park land. Mr. Bergman said this was true, but they must build with flexi- bility. If standards are put into a master plan, they must be obtainable. He felt actual park dedication will average out at 1.3 acres due to the amount of in lieu fees. If a specific figure is set, difficulty would be encountered in meeting that standard. The Park District would not only be unable to afford to develop certain higher standards but would not be able to purchase the land unless in lieu fees are put into a special fund for application for matching funds. Mayor Taylor said they have generally assumed that in lieu fees collected would go to purchase land somewhere else. Mr. Bergman referred to trailways and pathways which he thought would be deducted from park dedication. Councilman replied that the trail- ways in question were treated separately. Mr. Musso said that the City has not adopted a policy that such land or money from park dedication would go into parkways. Councilman Miller stated he felt that the City should get every square inch of park dedication land possible and all in lieu fees will be spent for park acquisition. He felt it was reasonable for LARPD to assume that two acres per 100 d.u. will be obtained. Mayor Taylor said that density credit has been allowed for land such as that along the arroyo which is not suitable for development, but this is in addition to the required park dedication. CM-24-229 July 26, 1971 (Special Item- LARPD Preliminary Master Plan) Councilman Pritchard inquired whether in lieu fees would be used to purchase land in the Greenville North area. Mr. Musso explained that in this area there was a park committed under the annexation agreement which the developer has succeeded in avoiding over the past several years due to the wording in the agreement. It seems that another site will have to be selected. Councilman Miller said that in this case park fee money will be used with reimbursement from in lieu fees if possible. The Council discussed the recent rulings regarding use of in lieu fees for purchase of park land. Mr. Musso said the ruling states the money must be used for the neighborhood, in conformance with the General Plan. In the City's General Plan, this is done by Planning Unit. The people within a subdivision contribute the money, and it should be used for them. Councilman Miller felt the City should be striving for more than the two acres per 100 d.u. Every effort should be made to increase the standards, not lower them. Mr. Bergman said that as a result of meetings of various park and recreation districts throughout the country, a staff member of the National Recreational and Park Association with headquarters in Washington derived a standard per 1,000 people for neighborhood parks of 2.5 acres; district parks of 2.5; large urban city or district type parks of 5 acres; regional parks of 20 acres. These are the same standards used by LARPD except for 15 acres for regional parks. Councilman Miller said park dedication applies only to community and neighborhood parks. He had calculated that in fact the dedication required should be three acres per 100 d.u. and he felt the City should have more than the minimum. Mr. Musso pointed out that the arroyo dedication will increase or supplement the required dedication. The Planning Commission is presently working on changes for Planned Unit Development which will create more open space since 25% of the area will have to be in various types of open space. This would be in conformance with the National Park Recreation Open Space standards. Mayor Taylor stated he felt the Council was in agreement that the standard would have to be somewhat flexible but that there would be two acres per 100 d.u. or better for park land. There is no policy regarding tot lot development. Mr. Bergman stated that there are tot lots within the larger park areas but due to maintenance costs LARPD must watch cost of this type of park development. The Council then discussed methods of ralslng funds for such purposes, such as a tax override which must be renewed every ten years and be for a specific purpose. Mr. Bergman inquired what can be done about areas within the City which do not have the two acre dedication. Mayor Taylor said it would be pointed out to residents that standards have been updated since certain areas were developed. It was concluded that standards need to be flexible; tables should be established but applied to the circumstance existing as practi- cal. Also, it has been said that parks should be adjacent to schools; this is desirable in many cases but some parks should be separate. The District representatives decided to take the Council's comments under study, and further action will be taken during the course of their discussions on their Master Plan. * * * RECESS After a brief recess the meeting was called to order for the conduct of the regular business of the Council. * * * CM-24-230 July 26, 1971 The minutes of the meeting of July 12, 1971, MINUTES were approved as submitted on motion of Councilman Miller~ seconded by Councilman Pritchard, and by unanimous vote. The minutes of the meeting of July 19, 1971, were approved as corrected on motion of Councilman Miller, seconded by Councilman Pritchard, by unanimous vote, with Mayor Taylor abstaining due to his absence at the meeting in question. * * * Mr. Leo von Gottried, 3847 Yale Way, stated his belief that the Council had directed that no further notices be sent regarding sidewalk repairs and urged that no notices be sent until a solution can be suggested; however, Mayor Taylor indicated that such not the case and the program was to proceed. The staff was investigating the costs involved and other aspects of the problem and would report to the Council. OPEN FO RUM (Sidewalk Repairs) * * * Mr. Ray Faltings, 1018 Via Granada, thanked (Ambulance Rates) the Council for seeing that sewer laterals were installed on Second Street, between P and Q Streets, and also for the reflector button on Murrieta Blvd. Mr. Faltings then questioned the ambulance rates for Allen's Ambulance, indicating that they seemed to be 50% higher than others in the area. Mayor Taylor explained that the cities of Livermore and Pleasanton and the County of Alameda were in the process of contracting with the ambulance company for service with Valley Memorial Hospital acting as consultant to evaluate the services. * * * Mr. Craig Lighty, 367 Scott Street, indicated (Sidewalk Repairs) that he had recently purchased this property and that it had been posted for sidewalk repair for the past seven years but no work had been done, nor apparently had any enforcement of the repair order been made. The Public Works Director, Dan Lee~ stated his belief that this could not have happened since a repair program had not been conducted in recent years, but he would check into the matter. * * * The Mayor opened the public hearing for submission of any objections from property owners to the charges for weed clearance. Mr. Craig Lighty, 367 Scott Street~ stated he owned the property at 1152-68 Holmes Street and had received a notice to clear the property, but had decided not to do the work himself and to allow the City to proceed with their program. He has now received a billing; however, the work has not been done. PUBLIC HEARING WEED ABATEMENT PROGRAM Captain Clelland, who was in charge of the program, stated he would investigate and rectify the error. There being no further protests, the hearing was closed by unanimous vote. * * * CM-24-231 July 26, 1971 (Weed Abatement) CONSENT CALENDAR RESOLUTION NO. 82-71 RESOLUTION CONFIRMING ASSESSMENTS - WEED ABATEMENT This resolution confirms the assessments for weed abatement~ and those not paid by August 1 will be forwarded to the County Auditor for placement on the tax roll. (Beautifica- tion Minutes) * * * Minutes of the Beautification Committee meeting of July 6 were noted. A question was asked re- garding the entry sign at Holmes Street presently being installed by Mr. Mehran, and Mr. Lee explained that the plan had been designed to the City's satisfaction, but later a sign was added, calling for redesign of the landscaping. (Incentive Pay Plans - Police and Fire Depts.) * * * Consideration of the Incentive Pay Plans for the Police and Fire Departments was continued from the meeting of July 19, 1971, at the re- quest of the attorney for the Police Association. A revised plan for the Police Department was prepared and distributed to the Council at the meeting. Mr. Parness reported that agreement had been reached with the Police Association just today regarding this plan and the In-Service Training Program. In addition, Mr. Parness indicated that the Police Association had decided to with- draw all claims for overtime pay. It is recommended that the Incentive Pay Plans for the Police and Fire Departments~ and the Tuition Reimbursement Plans be authorized for formal institution. (Approval of Consent Calendar) * * * On motion of Councilman Pritchard, seconded by Councilman Miller, the items on the Consent Calendar were approved as presented by the follow- ing vote: NOES: None AYES: Councilmen Pritchard, Miller and Mayor Taylor ABSENT: Councilmen Beebe and Silva PARK LAND APPRAISALS (Western Sector Sites) * * * The City Manager reported preliminary appraisals were conducted for two prospective park sites located in the western sector of the City--the Dogwood site, approximately 1 3/4 acres, at $20,000 for the site, and a second site along Mariposa Street at $8,000 per acre. The Council briefly discussed the appraisals and asked that a written report be submitted for later discussion with the whole Council. Mr. Musso also explained that the intent is to utilize park dedication fees in the area. In answer to a question regarding the Dogwood site, Mayor Taylor indicated that this matter would be discussed again in 60 days. Also speaking on this matter was Cheri Rittmann, who urged the establishment of a park in the neighborhood since many residents have large families, and it is too far to go to May Nissen Park; little children are teased by older ones there. CM-24-232 * * * Councilman Miller appealed the Conditional Use Permit approvals granted by the Planning Commission as follows: freestanding si~ns - Shell Oil Co., 1737 First street and 31~ So. Livermore Avenue; Atlantic Richfield Co., 899 Rincon Avenue and 174 So. L street. July 26, 1971 APPEAL RE SIGNS (Various Service Station Sites) Planning Director George Musso explained that all the service stations were noticed regarding non-conforming signs, and several operators either conformed to the regulations or made applications for permits. The Commission had discussed the facts and some freestanding signs had been granted, the findings made, and others were denied. Generally, the Commission concluded that they could not set standards and most stations are located in such a manner that the building cannot be seen; after some experience they may wish to have an ordinance amendment. There followed a discussion as to the visibility of signs at older station sites which are not as extensive in size as many new ser- vice stations; stations located on well travelled streets or free- way oriented stations and those on streets which are not as rapidly travelled by traffic; multiple frontages as opposed to one frontage; the need for clarification of a policy with regard to this type of sign; the problem of making a class finding for this particular type of business without having the same problems arise with other open uses which may require stricter regulation. It was concluded that more discussion should be held on this subject. On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous vote, the matter was continued for one week, and the two other service station applications (1679 First Street and 286 So. Livermore Avenue-Atlantic Richfield) not previously appealed now be appealed for discussion at the meeting of August 2. * * * The Public Works Director's report regarding this subject had been submitted and referred to this meeting for discussion so that the Council may formally declare the arterials for median strip placement in order that the staff will direction necessary for future planning. Since the membership was not in attendance~ it was decided to discussion for one week. PLANTED MEDIAN STRIPS - REPORT have the policy full Council continue the * * * Mayor Taylor reported briefly regarding the proposed legislation which would provide that monies would not be used for BART line extensions outside the District before all line extensions promised within the District had been installed. The legislatlon was killed in Committee and the Council discussed what alternatives might be open to them such as withdrawal from the district; how it might be possible to retrieve monies already paid into the District; prevention, by suit if necessary, of extensions outside the District. REPORT RE BART RAIL LINE EX- TENSION BILL It was finally concluded, on motion of Councilman Pritchard, seconded by Councilman Miller, and by unanimous vote, to direct the staff to explore what legal action is available to prevent use of out funds outside the District for extensions of service; withdrawl from the District; solicitation of aid from other communities who might join our City in any actions either to retrieve funds or withdrawal from the District. * * * CM-24-233 July 26, 1971 ORDINANCE AMEND- ING CITY CODE RE BICYCLE LICENSING ORDINANCE NO. 753 AN ORDINANCE AMENDING THE LIVERMORE CITY CODE, 1959, BY THE ADDITION THERETO OF CHAPTER 5A, RELATING TO THE LICENSING AND REGULATION OF BICYCLES. On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the above ordinance was waived, and by the following vote the ordinance was passed. AYES: Councilmen Pritchard, Miller and Mayor Taylor NOES: None ABSENT: Councilmen Beebe and Silva * * * ORDINANCE AMENDING CITY CODE RE WATER REVENUES ORDINANCE NO. 754 AN ORDINANCE AMENDING SECTION 24.51, RELATING TO THE DISPOSITION OF WATER REVENUE, OF ARTICLE V( RELATING TO RATES AND CHARGES, OF CHAPTER 24, RELATING TO WATER. . On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the above ordinance was waived, and by the following vote the ordinance was passed: AYES: Councilmen Pritchard, Miller and Mayor Taylor NOES: None ABSENT: Councilmen Beebe and Silva * * * MATTERS INITIATED BY STAFF (Trailer Storage) Planning Director Musso reminded the Council that the trailer storage matter had not been resolved, and it was decided to place this matter on the agenda for the meeting of October 4~ 1971. * * * (Detour - No. Livermore Ave.) Public Works Director Dan Lee advised the Council that the temporary closure of North Livermore Avenue, north of Portola Avenue, resulting from freeway construction, was creating an excessively long detour for residents north of the closure. As a result~ many were using the unimproved portion of the Hartman Road extension into the Springtown area. Some construction is in progress, and Hartman Road will eventually become improved in part; however, it should be clear that the City is not accept- ing a sub-standard street installed for detour purposes only. There was concern expressed regarding the City's reponsibility for any injuries or accidents. * * * (Notice of Trustee Sale) The City Manager reported that the Sally property (in the creek adjacent to the Arroyo Mocho) is apparently for sale at public auction to satisfy a deed of trust. This parcel is area offered for dedication to the City to satisfy conditions a Conditional Use Permit for an apartment complex. an of The Council discussed the various avenue of action which might be taken, and it was decided to obtain further information and have a report at the next meeting for possible action. * * * CM-24-234 It was decided to send a letter of appreciation to Senator Cranston indicating our support of his view on revenue sharing. July 26, 1971 MATTERS INITIATED BY COUNCILMEN (Legislative Bills) Councilman Miller expressed concern regarding some proposed legislation (SB 1489) which would require certain mandatory elements for general plans, and the staff was directed to prepare a letter expressing our opposition; also our opposition should be voiced regarding AB 2294 concerning local control of mobilehome parks. * * * There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m. ADJOURNMENT * * * APPROVE r:. ~ ~ /:.. ~ . cJt' .. )J . j~ ~ ATTEST '-.-.. .. . ~ :e_ ( Cl ty Clerk Ll ermore, California * * * Regular Meeting - August 2, 1971 A regular meeting of the City Council was held on AuguGt 2, 1971, in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:10 with Mayor Taylor presiding. ROLL CALL * * * PRESENT: Councilmen B\;ebe~ Miller~ Pri tchard~ Silva and Mayor Taylor ABSENT: None * * * P LEDGE OF ALLEGIANCE Mayor Taylor led the Council members and those present in the Pledge of Allegiance. * * * MINUTES The minutes of the meeting of July 26~ 1971, were approved as amended on motion of Councilman Miller, seconded by Councilman Pritchard, approved by the followtrg vote: AYES: Councilmen Pritchard, Miller and Mayor Taylor NOES: None ABSTAIN: Councilmen Beebe and Silva (not present at the meeting of July 26) * * * OPEN FORUM Verle Gilson, 424 Virginia Drive~ presented a (Divider Strip petition signed by 143 residents of the area on Murdell Ln)stating their complaint regarding the installation of the median strip on Stanley Blvd. The petition stated that the only access to their area is now from Murdell Lane and is insufficient for fire and safety reasons and also makes it difficult for residents to enter their subdivision. CM-24-235 August 2, 1971 They felt there should be a left turn lane for access to Nancy Street. Mayor Taylor stated he recalled the discussion at the time the planning was done for this street design and asked the Public Works Director Dan Lee to comment~ Mr. Lee reported that at the time the tract was developed the width of Stanley Blvd. was 88 feet; subsequently the next tract was developed with Murdell Lane to have access to Stanley Blvd. The County reqUred that the left turn lane into Nancy Street be eliminated to conform to their standards. When Murdell Lane is moved 800 feet to the west, there will be permanent left turn lanes into Murdell Lane; the 88 foot width does no't allow sufficient space to provide for a left turn lane. The median curbing has been com- pleted and this is a cooperative effort between the City and County since Stanley Blvd. is both in and out of the City. The cost has been shared with the County and the plans were approved some months ago. Mayor Taylor inquired if moving Murdell Lane to the west would change the situation and Mr. Lee replied that the relocation of Murdell Lane was a part of the original planning. At Nancy Street there is just a four foot median which does not allow room for the future median at Murdell Lane which would require 800 ft. to avoid excessive turning or shifting of traffic, this is the standard used by the County. The Council disoussed the original design of the subject area, and agreed that a pedestrian walkway should have been provided along the canal to permit better access for the school children. Mayor Taylor suggested that the City petition the County regarding red-lining the curb to permit the left turn lane. Councilman Miller felt some effort should be made to persuade the County to allow this additional access. Councilman Beebe made a motion, seconded by Councilman Silva, to review this intersection and to try to work out some way to provide an access to Nancy Street; motion passed unanimously. * * * The proposed amendment of PUD #15 (Hofmann Co.) for the area located south of East Stanley Blvd., east of Isabel Avenue, will permit construction of a commercial and residential complex. The Planning Director stated that the design of the subdivision has been approved, and the issue remaining is the reg- ulation of land use under the PUD permit procedure. The design in- dicates that Murdell Lane will curve to enter Stanley Blvd. 800 feet from the subdivision boundary in proximity to the future freeway off- ramp. The area behind Elvira st. will be single family with Albert Way extending to Murdell Lane. The school and park site will be to the left of the end of Murdell Lane and single family residential use will be at the extension of Pearl Drive, and along Stanley Blvd. will be a multiple family area and neighborhood shopping center (6 acres). The remaining issue concerns the land use; the PUD which will be adopted as an ordinance as soon as the enabling ordinance is ready, is essenti- ally the same as the permit for the townhouse development; the main change is deletion of the section concerning the townhouse development and the numbers have been modified. The single family residential will conform to the Rs-4 regulations; the neighborhood shopping area will will conform to the neighborhood shopping regulations; the ele- mentary school site is reserved with a time limit for two years follow- ing completion of all residential construction, after which time they may subdivide and build on this site if the school district does not exercise its option; the provision for park dedication is fora6.~9 acre park; there is a time limit for final development of the property which calls for filing of tentative map by July 1, 1972, and completion of the entire development by January 1, 1974. PUBLIC HEARING RE AMENDMENT PUB # 15 (Hofmann Co.) Mr. Musso indicated the changes which are included in the final draft: B.l.a - the commercial is 6.00 acre maximum parcel site; B.5.a - the park is 6.51 acres based on the number of units; D.2 - amended com- CM-24-236 August 2~ 1971 mercial is 6.00 acres and the difference becomes (PUD # 15 - Con't.) 4.35 acres~ and 3.78 would be changed to 4.35 acres converted to residential @ 4.0 d.u./ac. = 17 d.u.; D.3 - total residential dwelling units would then be 172; E.2 - the 3.40 acres for park dedication would be changed to 3.44 acres~ for a total of approximately 6.63 acres (to be determined by final number of units approved on the map). The Planning Director also reported that the LARPD is still opposed to the amount of frontage indicated for the park. The Mayor opened the public hearing on the amendment to PUD #lS. Mr. Barry Scherman, representing the applicant, stated that when the acreage was determined by computer it was indicated as 17.+ acres rather than 16.3 shown and he understood from previous dis- cussions that if there was acreage above the necessary amount required for dedication of park and school sites that lots could be added along the street to reduce the park frontage. This has been determined to be four lots and will reduce the excessive frontage by 320 feet and the school and park districts can work out a configuration suitable to them. The map indicates 94 lots with a balance of 78 multiple family units for a total of 172. Mr. Scherman stated the acreage was indicated as 16.59 which was less than the 10.00 school site and the 1.63 computed in Item D.3, or a difference of .04 acre, and he requested flexibility as this amount was within a reasonable limit. A second question occurs regarding the rear access to the shopping center. Mr. Musso had stated there was a required setback and a requirement for a masonary wall under the ordinance, and there was also a provision in the permit to provide maximum protection to the single family residences from glare and noise of the shopping center, which per- tains in particular to the east boundary next to the cul-de-sac. Councilman Beebe made a motion, seconded by Councilman Pritchard, to close the public hearing, approved unanimously. Councilman Miller suggested several changes and additions to the draft of the proposed amendment: Add Item B.l.f): Residential shall be buffered by a 20 ft. landscaped strip with trees or other tall buffer to screen from noise and glare, subject to City approval. After discussion, Mayor Taylor stated he felt a change like this should be a part of the ordinance and should be sent back to the Planning Commission for their review and comment. Councilman Silva agreed that this was a major change and should not be done as part of the permit. Councilman Miller suggested a compromise wording to include "may be buffered" rather than shall so that if the ordinance is changed in this regard, this will be reflected in the permit. It was agreed that if the ordinance is changed, the developer will have to meet the provisions of the ordinance in effect at the time a building per- mit is applied for. Item 5.c): Add wording to read "within two years of dedication or two years after construction"; this change was agreed upon by the Council. Item D.3): Insert word maximum to read "total maximum permitted residential dwelling units." The Council agreed to this insertion. Item E.4): Park dedication should be made at the time of submittal of first final map. Mayor Taylor asked Mr. Musso if this had been done before, and Mr. Musso pointed out that Councilman Miller was referring to the entire CM-24-237 August 2, 1971 (P.H. re Amend- ment PUD #15) park dedication. For instance, if half of the property is developed, the full dedication for the 172 units would be required. The dedication or some guarantee of dedication is required now at the time of final map for the number of units covered by the final map. Councilman Miller said he recalled that the park ordinance adopted by the City included provision for dedication of park land for the total units to become due as soon as the first final is sub- mitted, and also that easements can be required to provide access to the land. Barry Scherman stated he agreed with this, but stated they have en- countered a problem in this regard. Whenever a piece of land is dedicated to the City, they have trouble getting the property off the tax roll and would rather sell the land to the City by deed for a small amount in order to have it recorded; then this property would automatically be segregated by the Tax Assessor's Office. Then at the time of the final map this could be given to the City by deed and so recorded. The staff was instructed to include the proper wording to this effect. Add Item F.7): Upon expiration of the PUD all tentative maps shall also expire. The Council agreed to insert wording for this provision, if the City Attorney agreed it was proper to do so. Councilman Pritchard made a motion, seconded by Councilman Silva, to amend PUD #15 as outlined; motion approved unanimously. * * * AMENDED TRACT 3222 - PROPERTY REVERSION (Kaufmann & Broad) The City Manager explained that some weeks ago the Council allowed an application to permit the ex- tension of Theresa Way. Now it has been found that the County of Alameda will not allow the recordation of the amended map; there must be a reversion to acreage of that portion involved, and then relotted. Gene Rhodes, who served as the special counsel in the condemnation proceedings of this parcel, said that originally there was an error in the engineering so that when the subdivision map was submitted as a tentative map, the whole area was rounded out in a broad curve in lands which did not belong to the subdivider. Since it was in the interest of the City and the public in general for Theresa Way to be extended as a continuous street, condemnation proceedings were held and the area now determined to belong to the City would be the area carried through from the two extensions outside the triangle indicat- ed. The triangular area is now a part of the tract, but the area within the curve belongs to the original owner and is not a part of the tract. There are provisions in the subdivision law which say corrections can be made in the case of an improper description, but it is the opinion of the County counsel this does not apply in this instance. Therefore it is recommended that action be taken by the City Council to revert the area in question to acreage; the Council must indicate that action will be taken after a public hearing, following the publication of two separate weekly notices. Mr. Rhodes read the title of the notice of the intended reversion of this por- tion of land, and asked the Council to indicate their intention to hold the public hearing on August 23 and to allow the publication of the two weekly notices. Councilman Pritchard made a motion, seconded by Councilman Beebe, to set the public hearing for August 23 with proper notice; motion approved unanimously. Councilman Miller inquired if the full cost of the staff time for the condemnation proceedings was being borne by the property owner, and Mr. Parness advised that it was. * * * CM-24-238 CONSENT CALENDAR August 2, 1971 A request has been received from the League of California Cities that each City Council designate a voting representative and an alternate for the Annual League Conference to be held September 26-29, 1971. Mayor Taylor was selected delegate with Vice-Mayor Pritchard as the alternate. * * * The following resolution extending greetings from the City of Livermore will be presented to the City Council of our Sister City, Quezaltenango, by the Sister City delegation who will be visiting Quezaltenango. RESOLUTION NO. 83-71 (League of Calif. Cities - Delegate) as the (Resolution re Greetings to Sister City) A RESOLUTION EXTENDING GREETINGS TO SISTER CITY QUEZALTENANGO, QUATEMALA * * * The improvements for Tract 3142 (H. C. Elliott, inc.) have been installed to City standards and should now be accepted for maintenance. The following resolution was adopted authoriz- ing final acceptance of Tract 3142. (Accept Improvements Tract 3142 - H. C. Elliott, Inc.) RESOLUTION NO. 84-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3142 (H. C. Elliott, Inc.) * * * A report has been submitted by the Planning Director in regard to the proposed sewer connection for Greenview Swim and Racquet Club. This matter was removed from the Consent Calendar and continued for one week at the request of the applicant. * * * (Report re Green- view Swim & Racquet Club Sewer Connec- tion) A report by the Planning Director with an outline of the procedure to be followed regarding designation of Route 580 as a scenic highway was submitted for the informa- tion of the City Council. Action has been initiated by the Council and the Board of Supervisors requesting the State Highway District Office to initiate studies for such designation. (Report re Scenic Highway Route 580) Councilman Silva inquired what restrictions might be imposed if this designation is made. The Planning Director discussed this point briefly and pointed out that the designation would make funds avail- able for landscaping, etc. Mayor Taylor said he understood that no zoning powers would be taken from the City. RESOLUTION NO. 85-71 A RESOLUTION IN REGARD TO ROUTE 580 - SCENIC HIGHWAY * * * The minutes of the Housing Authority meeting of June 15 were noted and filed. * * * (Minutes of Housing Authority) CM-24-239 August 2, 1971 (Warrants) One hundred forty-three warrants dated July 30, 1971, in the amount of $235,415.57 were ordered paid as approved by the City Manager. Council- man Silva abstained from voting on Warrant #11268. * * * (Approval of Consent Calendar) On motion of Councilman Silva, seconded by Councilman Miller, the Consent Calendar, as amended, was approved unanimously. * * * STATUS REPORT RE SIDEWALK REPAIR The Public Works Director Dan Lee reported that notices have been posted in four of the five areas, and a total of 671 notices have been posted. Of this number, 28 permits for removal of trees have been made. The next step is the posting of legal notices with a specific date for completion of the work. Seventy-seven encroachment permits have been issued for residents to repair their own sidewalks. The fifth area will be noticed within a week or two; after this is done another status report will be made to the Council. Mr. Lee suggested that be- ginning with Area #1 the official notice be served, and later a decision can be made whether to notice all of the defective side- walks to have them repaired at one time or whether to take a few at a time for bids. Councilman Miller felt that a bid should be put out for the work to be done so that individuals could know how much the repairs would cost. Mr. Lee felt that in the call for bids the City should include for each job the drawing prepared for the homeowner so that a cost for each job could be determined; then a total bid could be obtained. Councilman Silva felt that most of the people were confused regard- ing what course of action to follow, and he thought it might be appropriate to send another letter explaining what the City intend- ed to do with another letter at a later date as to the cost for the repairs. The Council stated they wished to see the next notice before mailing. The Council discussed sending out information to homeowners des- cribing methods of deep-watering and alternatives to avoid trouble with sidewalks due to the trees. Leo von Gottried, 3847 Yale Way, said he understood from the Council's discussion that they intended to approach this problem by removing the present concrete and replacing it with new material, thus creating a hugh load of rubble. He urged an investigation of more ecological and inventive approaches to the problem, such as hydraulically lifting a section of the sidewalk. He did not believe deep-watering would solve the problem either. Councilman Miller felt the lifting of sidewalk sections and cutting back roots would be the better solution but thought it would entail more labor time. He asked Mr. von Gottfr&ed if he or someone else might make a systems survey in this regard; Mr. von Gottfried said someone might be able to do this. Mayor Taylor thought another solution might be the curving of the sidewalk and felt this should be permitted. Councilman Miller statedUhat many people want to preserve their trees and should be allowed other solutions in order to do so. In answer to a question, Mr. Lee explained that whenever an applica- tion is made for a permit to remove a tree, the City meets with the CM-24-240 homeowner to work out where the tree can best be relocated within the yard. August 2, 1971 (Sidewalk Repair) Dr. Donald Rocco suggested that cutting of the tree roots while the tree is not dormant might cause damage; he also stated that curving the sidewalks might cause personal injury to those unaware of the situation. He thought that many people were damaging their trees when removing the roots improperly. * * * After a brief recess the meeting was resumed with all Council members present. RECESS * * * The Public Works Director explained that the typical neighborhood planning unit will be about a mile square and from this is determined the amount of planted median which will be necessary for every planning unit. In this way costs were determin- ed and the assessed valuation estimated to calculate the related costs. Various treatments for the median strips, such as medians with approximately 69% planted area and 31% surfaced with special treatment, medians with less maintenance with surfacing such as brick or exposed aggregate~ and also medians with just asphalt covering, were studied and costs determined. REPORT RE MEDIAN LANDSCAPING COSTS Councilman Beebe said he had asked residents what they thought about the median strips, and most had indicated they liked the present treatment but did not wish taxes to be raised for this purpose. They felt that surface treatment with trees, rather than ground cover, would be better and thus cut the cost of maintenance. Mr. Lee said that trees cannot be placed where they would obstruct the view of traffic, and for this reason ground cover and shrubs must be used in certain areas. He explained that the first time cost per single family residence would be $17.05 and annual main- tenance cost of $1.39 more for the 69% planted median than for surfaced medians. Councilman Silva said that this would be a cost to the homeowner per year of $2.39 to $2.50 over a twenty year period. Councilman Beebe pointed out that it is probable that additional personnel will have to be added each year for maintenance, and the cost has risen to $135,000 over the past five years. Councilman Miller made a motion to continue the median strip policy for 69% landscaped median, seconded by Councilman Pritchard. Councilman Silva stated this maintenance should be appropriated from the park fund monies, and this suggestion was discussed. Mr. Parness stated that these median strips cannot be maintained from present revenue sources, and if the Council does not add to the revenue source this year, it will mean that the budget next year will reflect the program through an added tax imposition. Mayor Taylor said the park tax of 19i was instituted before this policy on median strips, and it has been agreed that this is for capital acquisition. Next year if the Council is not willing to absorb a 3i tax increase for this program, then the median strips will have to be discontinued. This will have to be spelled out to the people and determined if they are willing to support it. Councilman Beebe felt that a small part of the park tax, such as 2i or 3i could legitimately be used for median strip maintenance. The City Attorney has advised that up to 25% could legally be used for this purpose. Councilman Beebe stated that some people do not CM-24-241 August 2, 1971 (Landscaping Median Strips) use the public parks and would share in the use of median strips. Councilman Silva made a motion to amend the main motion that the revenues for the median strips be taken from the park funds in the amount of 31, with 21 for maintenance and 11 for capital improvements; motion for amendment was seconded by Council- man Beebe. Councilman Miller said it had been decided at the budget sessions that all of the 191 park tax would be used for parks, and for this reason he could not vote for the amendment as it implied that part of the park fund would be used for median strips in the current budget. He would be willing to consider an increase in the 191 park tax rate to cover median strip costs, but now the full amount of the park funds was needed to acquire park lands. Cpuncilman Pritchard asked Councilman Miller whether he felt that the initial development should come from park tax money. Council- man Miller said he felt it should come out of gas tax money, and that the policy and financing should be left to next year's Council for a decision. Councilman Silva stated he did not believe all of the park tax money would be needed this year for park acquisition. Mayor Taylor said that the amendment would in effect be changing the budget. Robert Allen, 223 Donner, stated that the State Highway Division uses a great amount of maintenance free landscaping, and this type of median does not seem to be used by the City. Mr. Lee said that the Public Works Department is aware of the State program and the cost for State maintenance, which is 7 cents per square foot per year. The City's cost is within this range. The motion for amendment was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva Councilman Miller and Mayor Taylor Mayor Taylor restated the motion for amendment and pointed out that only 161 of the park tax rate would be for acquisition and 31 would be used for medians from the budget for the fiscal year 1971- 1972. Councilman Pritchard asked for reconsideration of the motion as he did not understand that the action would change this year's budget, and changed his vote from lfayelf to lfnolf; the motion for amendment thus failed by a 2-3 vote. The main motion to continue the present policy for landscaping of median strips was passed by the following vote AYES: NOES: Councilmen Pritchard, Miller and Mayor Taylor Councilmen Beebe and Silva Councilman Silva requested that the record state that he was for the landscaped median strips but was against the revenue source. Councilman Beebe agreed, but added he felt the design of the median strips could be made in a manner to lower the cost of maintenance. Mr. Lee commented that he had calculated the personnel needed for maintenance and felt the increase in maintenance cost would be about $1,400; recent past experience does not give a true picture as the City has been upgrading all of its medians to the land- scaping standards. This would mean about one-quarter a man in- crease for the coming year. The City Manager inquired if the map attached to the report indicat- ing the medians to be maintained would be considered as the guide in locating the medians. CM-24-242 August 2, 1971 The Council consensus was that the policy of placing medians on all major streets would be continued. (Landscaping Median Strips - Policy) * * * The Airport Land Use Commission will hold a public hearing on August 11th to consider and establish planning boundaries for the area around the Livermore Municipal Airport. REPORT RE AIRPORT LAND USE PLANNING COMMISSION - GENERAL PLAN BOUNDARIES Mr. Musso explained that the County has invited our submittal of a tentative plan; their proposal is to expand the planning area boundaries to the census enumeration districts for statistical purposes. Musso pointed out these boundaries. include Mr. The City Manager advised the Council that the law gives the Commission, in the event boundaries are determined, the right to compose a general plan for the area~ and any intended land use with- in that confine has to be referred to them for report. Mr. Musso said he understood that there is no responsibility on the part of the City to refer applications to them. He had dis- cussed this with the Commission, and they indicated they would probably make some provision to review the action of the City. Mayor Taylor said it seemed that the Commission wants to define the area for their planning~ and this is the purpose of the map sub- mitted. Mr. Musso said the Commission does not propose to do a land use study but to review a general plan prepared and submitted by the City. Mayor Taylor noted that the Council was aprehensive but thought it was just a routine matter. Councilman Silva pointed out it would take a four-fifths majority of the Council to overrule the Commission, and approving the map might place the City under their authority. Mr. Lee stated he and Mr. Musso had studied this map, taking into consideration certain factors. The noise zone of the airport ex- tends about halfway to the boundary indicated, and the State is concerned about schools between the noise area and the boundaries. He felt the boundaries suggested would be in the best interest of Livermore in protecting the airport. Councilman Miller stated he understood the Commission wanted to set these boundaries in order to study the area, and it does not mean there will be restrictions within the whole area. Mr. Parness stated this was a very pertinent question. He said there seemed to be a difference in his understanding of the Commission's action and what Mr. Musso had been led to believe. Therefore, he urged the Council to direct that during the forth- coming hearing it be determined whether, when this boundary is fixed, the Commission will have inviolate rights to review any application for land use which might come before the Council prior to a decision being made. If this is not the case, then the matter of indicating boundaries is entirely changed. Councilman Beebe stated he felt it should be indicated to the Commission that the Council felt the area is entirely too large an area unless it is explained and clarified just what jurisdiction the Commission will have over this large area. Councilman Beebe made a motion to this effect, seconded by Councilman Silva~ passed unanimously. The City Manager was directed to report at the next Council meeting on this matter. Mayor Taylor felt it should be made clear to the Commission that we are not objecting to the boundaries, but just want clarification as to their plans. * * * CM-24-243 August 2, 1971 PLANNING COMM. MINUTES AND SUMMARY OF ACTION The Planning Commission minutes of the meeting of July 13, 1971, and the summary of action taken at the meeting of July 27, 1971, were noted. * * * APPEAL RE SERVICE STATION SIGNS An appeal requested by Councilman Miller to Planning Commission action granting freestanding signs at various service station locations (Atlantic Richfield and Shell Oil Co.) was con- tinued from the previous meeting. Mayor Taylor explained that during previous discussion it was decided to continue this matter in order to have a full Council present and to give Council members the opportunity to view these locations personally. Mr. Musso stated that the Conditional Use Permit procedure provides that a use which is located in such a manner that building signs are not visible may be granted freestanding signs. The Planning Commission felt that in the case of automobile service stations the use should be in a class by itself, and there would be a class find- ing that automobile service station signs are not generally visible and permits would be granted. The Commission also discussed amend- ment to the ordinance, but felt that at this time the CUP procedure would enable the City to study the effect of the ordinance and also gives an element of control not allowed under flat ordinance allow- ance. This was a policy change by the Commission. Councilman Miller summarized the reasons for his appeal of four of the six locations, stating that in his opinion findings could not be made to justify granting the signs as the building signs are visible. In regard to the other two, these had been appealed to determine what conditions should be placed on the approval of any of the signs. He urged that the permits at four of the locations be denied; if these are approved, others will be and this will change the effect of the sign ordinance. Councilman Beebe referred to the stations located on the corners of Murrieta and Stanley Boulevards and stated he felt these low stand- ing ground signs were attractive and better than signing on the building. Councilman Miller stated there was no guarantee that the signs being appealed, or those at other stations, would be attractive or appeal- ing. Councilman Beebe suggested that it should be a policy that when- ever a station is remodeled, consideration should be given to a freestanding landscaped sign. Mayor Taylor felt it was clear that the old signs must come down. Councilman Pritchard said that there can be conditions imposed under the CUP procedure, and this is a good way to control signs for this use. He felt the action of the Planning Commission was correct and should not be appealed. Councilman Silva felt that the new designs for ground signs would be better than the building signs. Those stations with canopies do have a problem with the signing being visible; in most cases he would be in favor of granting ground signs such as those re- ferred to through a CUP. Mayor Taylor pointed out that the signs at the Shell and ARCO stations on Murrieta Blvd. might not loook as good on smaller lots or differently designed buildings. In general, he felt some free- standing signing will have to be allowed, but in the process of design review the matter of scale must be considered. After further discussion, Mayor Taylor stated he felt that the consensus CM-24-2411 Councilman Silva said he felt they agreed that ground signs should be allowed, and there should be design review; it must be decided now if there is a canopy whether a ground sign will or will not be allowed. August 2, 1971 (Appeal re Ser- vice Station Signs) was to allow freestanding signs in certain cases. Mayor Taylor felt that it could be stated that in making findings regarding visibility, it should be taken into consideration whether or not there is a canopy, but Councilman Silva did not feel this was defined sufficiently. Mr. Musso said that this was one of the reasons he had recommended that class findings should be made on service stations, and the Planning Commission had agreed. Councilman Silva expanded on his statement and added that if a ground sign is allowed, then the company logo or identification would not be on the building; however, other signing would be with- in the sq. ft. allowance. It was decided this might cause problems. Mayor Taylor felt the consensus was that if a freestanding ground sign is allowed, the remaining sq. footage will be allowed on the building. The Council discussed further the matter of canopies, and felt that the station on Rincon Avenue should not be allowed the free- standing sign as there is no canopy and visibility is good. Councilman Miller felt sign size could be handled through design review. Councilman Silva said he did not think that in the case of the other five stations being considered that 16 sq. ft. allow- able signing was too much. Councilman Miller suggested that per- haps the permit could state "not greater thanll a specified size and would give an option. Councilman Miller also suggested imposing some upgrading standards for the buildings as a condition of allowance of the freestanding sign. Mayor Taylor stated that upgrading of the stations would be a good thing, but granting of the signs should not be used as a lever to get this done. Councilman Silva made a motion to affirm the Planning Commission's recommendation to approve the five signs for locations at 1) 1737 First St., 2) 318 So. Livermore Avenue 3) 1679 First Street, 4) 286 So. Livermore Avenue~ and 5) 174 So. L Street; motion was seconded by Councilman Pritchard. Richard Damon, representative of Atlantic Richfield Co., stated that the station at Rincon and Pine does have a canopy. The motion to affirm the Planning Commission's recommendation for approval of the five signs listed above was passed by a 4 to 1 vote (Councilman Miller dissenting). Councilman Pritchard made a motion to affirm the Planning Commis- sion's recommendation for approval of the CUP for a freestanding sign at 899 Rincon Avenue (ARCO), seconded by Councilman Beebe. The question arose regarding the definition of a canopy, and after further discussion it was decided that problems in applying the law could arise. Councilman Miller made a motion to table action regarding this item until the meeting of August 9, 1971, to be included on the Consent Calendar. Motion was seconded by Councilman Silva and passed by the following vote: AYES: Councilmen Silva, Miller and Mayor Taylor NOES: Councilmen Beebe and Pritchard CM-24-245 August 2, 1971 (Appeal re Ser- Ward Duncan, construction superintendent with vice Station Signs) ARCO, said the canopy at the station in question is a freestanding canopy over the drive slabs and pump island and is not attach- ed to the building itself. He pointed out that the lettering on the building usually includes Atlantic Richfield on one side and ARCO on the other. The intersection corner sign is the one that is visible from the road and which brings people into the station. REPORT RE ANNEXATION SO. VASCO ROAD & NORTHFRONT RD. the applicant for a continuance for * * * A request for an indication of the attitude of the City Council on annexation of 42 acres located on So. Vasco Road, south of East Avenue, and for 150 acres located on North- front Road at the Greenville interchange has been received. The City Manager advised that these two items is out of town and has requested two weeks. Councilman Pritchard made a motion for continuance, seconded by Councilman Beebe, approved by a four to one vote (Mayor Taylor dissenting) . * * * The City Manager stated he had discussed the trustee sale of the Sally property with the parties involved; the matter is up for hearing on August 11. However, he was informed by one of the principals involved that escrow will be opened this week to reimburse the holder of the second deed of trust. Mr. Parness asked that this matter be discussed in execu- tive session in order to obtain direction regarding possible pur- chase of this property at the sale. REPORT RE PROPERTY TRUSTEE SALE (Sally) WATER COMPANY RATE REVISION APPLICATION * * * The City Manager informed the Council that California Water Company has resubmitted an application for revision of their rates, after having just applied for revision in July of this year. The application now being submitted is for amounts to take into account inflationary items due to denial of a portion of their first application by the PUC. The revision amounts to between 5% and 7% in addition to the increased rates already granted. Mr. Parness stated it is very difficult for a city to formally oppose any utility rate revision as we are not qualified to question their statements. The Council agreed that the proper action available to them would be to contact the referee and call to his attention this increased cost of providing utility service and to urge the PUC to make a very careful appraisal of the application. REPORT RE CO- OPERATIVE FISCAL STUDY - OAKLAND SCAVENGER CO. * * * The City Manager reported that the proposed cooperative fiscal study with other jurisdic- tions that are serviced by the Oakland Scavenger Co., which is to be conducted by a consultant firm, would provide a valuable guide for all involved in appraising the economic status of this type of service. The City's cost is estimated to not exceed $2,500, and may be less. Councilman Pritchard made a motion, seconded by Councilman Beebe, to accept the City Manager's recommendation and authorize formal participation in this study effort in an amount not to exceed $2,500; motion passed unanimously. CM-24-246 * * * August 2, 1971 (Report re Cooperative Fiscal Study - Oakland Scavenger Co.) Robert Allen, 223 Donner, stated it was better to rely on competition rather than regulation of a public utility. Mayor Taylor explained that the sewer service and use charge was discussed in detail at the budget sessions. Discussion centered around several points~ one of which was a communica- tion received from federal officials stating that granting of federal funds would be con- tingent upon the operation of the sewer plant being paid for by its users. The City's plant 50% from the general fund. PROPOSED ORDINANCE RE MUNICIPAL CODE AMENDMENT RE SEWER SERVICE AND USE CHARGE is now financed by The City Manager stated that the latest regulation adopted by the State Water Resources Control Board has been received, and it seems evident that the State will insist that the user charges be in effect when cities are applying for grants. The present proposed design for expansion of the sewer facilities may approach $4~000,000 and a grant of 80% will be applied for under this pro- gram. This stringent regulation will be imposed upon the grant. r' An urgency ordinance had been prepared, stating the rate revision would go into effect September 1. The Council discussed the plant expansion, and the fact that it will be necessary to meet the Water Control Board's purity standards as well as to meet City growth. Unless this new regulation is met, there would be no money for expansion. The City Manager read the proposed ordinance for the information of the Council, which stated the proposed rate of $2.00 per month. Councilman Pritchard made a motion that the Council adopt a Resolution of Intent that the tax rate for the fiscal year 1971- 1972 will be reduced by an amount equal to the proposed increase in the sewer service and use charge; the motion was seconded by Councilman Beebe, passed unanimously. Councilman Pritchard made a motion to adopt the ordinance regarding the rate revision for the sewer service and use charge, seconded by Councilman Beebe. Councilman Miller stated he did not believe the recent regulation precluded residents from paying for this service out of taxes; he did not favor this step. Councilman Silva said he had opposed this charge in the past, but if the Council felt that cost of services should be borne by the users, then this would apply to the sewer service and use charge. The motion to adopt the ordinance was passed by the following vote: AYES: Councilman Beebe, Pritchard, Silva and Mayor Taylor NOES: Councilman Miller ORDINANCE NO. 755 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. * * * CM-24-247 August 2, 1971 MATTERS INITIATED BY STAFF (Driveway at Gulf Station) (nump Site on Croak Road) indicated their read a proposed be presented at The Director of Public Works reported that the problem regarding the location of the driveway for the Gulf Station on Bluebell Drive has been worked out with the manager. * * * Mr. Parness reported that the Board of Supervisors will consider an appeal regarding an application for a dump site on Croak Road on August 5, and stated he knew the Council had opposition to the County Zoning Administrator; he resolution stating opposition to this application to the meeting of the Board of Supervisors. On motion of Councilman Miller, seconded by Councilman Silva, the following resolution was adopted four to one with Councilman Pritchard dissenting. MATTERS INITIATED BY COUNCILMEN (Golf Course Lease) RESOLUTION NO. 86-71 A RESOLUTION OPPOSING CROAK ROAD DUMP SITE * * * Councilman Beebe noted that the Golf Course staff has been reduced to the proposed level; therefore,he now wished to change his position regarding leasing of the facility to a private operator. Councilman Beebe made a motion that due to the economies put into effect in the operation of the Golf Course and the new operation of the restaurant, operation of the Golf Course by the City be continued for one more year. Mr. Parness pointed out other economies in operation which would be put into effect during the coming year, and informed the Council that they would see substantial reduction in costs and increased in- come during that year. Councilman Silva inquired if the monies saved from the reduced salary expenditures could be used in the street resurfacing program. This was discussed briefly, and Councilman Beebe suggested that it might be better to let the General Fund build up. The motion to continue City operation of the Golf Course was passed by a four to one vote with Councilman Miller dissenting. Councilman Silva made a motion to re-initiate the street surfac- ing program to one-third of the original amount ($10,000); motion was seconded by Councilman Miller, approved unanimously. (Civic Center Site - Barn) (Housing Authorithy Vacancy) CM-24-248 * * * Councilman Miller extended an invitation to the Council members to take a look at the work done by the Livermore Cultural Arts Council and others on the barn at the Civic Center site on August 4th at 8:00 p.m. * * * Mayor Taylor advised that there would be a vacancy on the Housing Authority due to the resignation of Commissioner George Bunyard. * * * August 2, 1971 There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 12:10 a.m. to an executive session to consider authori- zation for possible purchase of the Sally property. * * * APPROVE W~wJ '-y) .~ , Mayor Pro-tempore ATTEST evJ~~L ) ~ Ci ty Clerk U Livermore, California * * * Regular meeting - August 9, 1971 A regular meeting of the City Council was held on August 9, 1971, in the Municipal Court Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:05 with Mayor pro-tempore Pritchard presiding. PRESENT: Councilmen Beebe, Miller, Pritchard and ROLL CALL Silva ABSENT: Mayor Taylor * * * Mayor Pro-tempore Pritchard led the Council and thode present in the Pledge of Allegiance PLEDGE OF ALLEGIANCE * * * Jack Phillips, 551 No. P Street addressed the Council regarding their recent action increasing the sewer service charge OPEN FORUM (Sewer S8rvice Charge) * * * Leo von Gottfried~ 3847 Yale Way~ presented 32 additional claims regarding the sidewalk repairs due to damage from trees. He also inquired about the letter of notice to homeowners regarding damage to sidewalks and necessary repairs and stated that he felt this item should have been included on the regular agenda rather than reviewed by the Council under Matters Initiated by the Staff. Mr. von Gottfried was informed there would be ample opportunity for interested persons to discuss the letter of notice. (Sidewalk Repair) * * * Mr. Ray Faltings, 1018 Via Granada commented that he had sent two letters to the Council posing several questions but had not received a reply. One of the questions was in regard to water reclamation activity and any progress made to correct the deficit shown in the preliminary budget. Also~ if consideration had been given for the corresponding increase in water reclamation fees or sewer fees for other than single family dwellings and the basing of the sewer fee on the amount of water used within the dwelling. Also questioned were certain fees at the airport and golf course. Mr. Parness was requested to investigate and reply to Mr. Faltings. * * * Mayor pro-tempore Pritchard advised that this public PUBLIC HEARING hearing was to hear objections to the method of bill-RE BILLING OF ing~ not to the charge itself, then opened the SEWER SERVICE CHARGES CM-24-249 August 9, 1971 hearing, however, no comments were made. On motion of Councilman Miller, seconded by Councilman Beebe, the public hearing was closed by unanimous vote. Resolution adopting the report of the Finance Director re sewer service charges and authorizing the Auditor to place the charges on the current assessment roll is included as an item under the Consent Calendar. (Resolution re Sewer Service Charge) (Resolution Authorizing Execution of Agreement re Criminal Justice Planning Bd.) be adopted. (Housing Authority Resignation Bunyard) (Resolutions re Placement of Assessment Dist. Levies on Tax Roll CM-24-250 * * * CONSENT CALENDAR RESOLUTION NO. 87-71 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES * * * In order to legally establish the proposed regional Criminal Justice Planning Board for Alameda County it is necessary that the pro- posed member public agencies (Alameda County and seven cities within the County) execute a joint exercise of powers agreement. It is recommended that the following resolution RESOLUTION NO. 88-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Criminal Justice Planning Board) * * * A communication has been received from George Bunyard submitting his resignation as a Commissioner of the Housing Authority to become effective July 13, 1971, due to the fact that he has moved from Livermore. , , * * * It is recommended that the following resolutions be adopted whereby the special assessment levies may be placed on the tax roll for collection. RESOLUTION NO. 89-71 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Northern Water Assessment Dist. No. 1962-2) RESOLUTION NO. 90-71 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 Dist. No. 1962-1) RESOLUTION NO. 91-71 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. 196~-3) RESOLUTION NO. 92-71 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. 93-71 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Murrieta Blvd. Assessment District No. 1967-1) August 9~ 1971 RESOLUTION NO. 94-71 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAr~DA (Portola Avenue Assessment Dist. No. 1966-2) * * * Action regarding the appeal re granting of a CUP for a freestanding sign for service station at 899 Rincon Avenue (Atlantic Richfield-ARCO) was postponed from the meeting of August 2 to allow a visual appraisal of the subject property by the Council members. This item was removed from the calendar for discussion later in the evening. (Appeal re CUP 899 Rincon Ave. Freestanding Sign) consent * * * The City Manager reported for the information of the Council that the application for annexation of property located south of Las Positas Road, situated between No. Livermore Avenue and First Street has been withdrawn. * * * (Report re Gas The project for installation of a gas line extend- Utility Line - ing from the PG&E main line at Airway Blvd. to the Airport-Golf Crs.) airport administration building and also to the golf course clubhouse was discussed at some length during the preliminary budget sessions. The estimated cost is $12,000 to be equally shared by the golf course and airport funds. In further discussions with PG&E~ it has been determined that the initial cost would be the City's but a portion would be reimbursed over succeeding years from revenues generated by subsequent connectors to the utility line. It is recommended that a motion be adopted authorizing installation of this work. .... (Report re Las Positas Road Annex No.1) Mr. James McElroy~ 1345 Wagoner Drive, objected to the sharing of the cost of installation of the gas line by the airport as he did not think these facilities needed to be used by the airport~ only actually necessary for the proposed restaurant at the golf course. He stated that the airport's share of $6~000 represented the amount of deficit shown in the airport fund~ and requested that the Council members remember this when considering the budget next year and any proposed increases in airport fees. Mr. Parness stated that 50% of the cost will be partially reimbursed by a General Fund debit because some offue cost is allocable to the industrial park now being leased along Airway Boulevard, gas line is necessary to service the industrial sites. * * * (Approve Censent Calendar) On motion of Councilman Silva, seconded by Councilman Miller, the Consent Calendar was approved. by unanimous vote, with the noted removal of Item 2.5 re signs. (Councilman Beebe abstained from voting on the item re PG&E and installation of the gas line due to conflict of interest) * * * Councilman Silva stated he was the one who had APPEAL RE CUP requested that this item be continued from the (899 Rincon Ave previous meeting in order that he might have an Freestanding Sign) opportunity to view the site and determine whether or not the location has a canopy. He has done so, and feels that since there is a canopy that the freestanding sign should be allowed. Councilman Miller stated he felt this station is sufficiently CM-24-251 August 9~ 1971 different, including the design of its canopy, that findings regarding the signs might be different. He did not feel that the canopy interferes with the viewing of the station in this instance, and the visibility of the site is better than the others which had been considered. Unlike others, this station is in a neighborhood shopping center, and people in the area know the location and type of station. Councilman Silva agreed the main structure is visible, but felt the issue is whether ground signs with landscaping or signing on the building is better. Signing on the building would be reduced if a ground sign is allowed. The Planning Director advised that ground signs with landscaping would be allowed within the setback area of 10 feet from property line in this zone;' which requiresa setback such as the CO District; in downtown areas where there are no setback requirements the signs must be 20 feet from the street. Landscaping was also required by the Commission in the CUP. Councilman Miller stated that allowing a freestanding sign in a neighborhood shopping center use is really granting special privilege over other uses in the center. Councilman Beebe referred to previous action denying pole signs in a neighborhood shopping center~ stating his feeling that the ground signs were more attractive than building signs, but wondered how other types of businesses would be handled if they desired a similar sign. Councilman Silva made a motion to uphold the action of the Plan- ning Commission to approve the CUP for a freestanding sign at 899 Rincon Avenue, with setback and landscaping as provided by the ordinance, motion seconded by Councilman Pritchard, passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Silva Councilman Miller Mayor Taylor The operator of the station, Art Mooney, stated there are numerous accidents at the intersection where his station is located, that if people could not see the stop sign in the street~ which is very large, then he could not have good representation without a sign on the corner. There is no identification on Pine Street, and due to the off-set and adjacent buildings signing on the building would be difficult to see. * * * REPORT RE SECOND STREET PARKING The Public Works Director advised that the improvement and reconstruction on Second st. is almost complete. It is recommended that the diagonal parking be abated in the two block area on Second st. between So. L and So. M Streets. Notice has been sent to the property owners informing them of this intention to convert to parallel parking, and they are in substantial agreement except that they wish to add two hour parking limits around the shopping center on Second, Third, So. M and So. L Streets through the commercial area. A motion was made by Councilman Silva, seconded by Councilman Miller, to accept the Public WorksDirector's recommendation for parallel parking on Second Street and two hour parking designation as requested, with a letter to be sent to all concerned explaining the reasons for the change, motion passed unanimously. RESOLUTION NO. 97-71 RESOLUTION ABOLISHING DIAGONAL PARKING ON SECOND STREET * * * An agreement has been drafted which provides for the conditions in regard to the accept- ance of Tracts 2459 and 2619. Tract 2459 is the first unit of the Bevilacqua development and FINAL IMPROVE- MENTS & ACCEPTANCE TRACTS 2459 & 2619 (Windsor Equities) CM-24-252 August 9, 1971 Tract 2619 is the second unit now under construction. Mr. Lee explained the location of the two tracts and pointed out that where Scenic Ave. intersects Heather Lane a bridge is required for access as a condition of the first unit. A separate bond in the amount of $60,300 to guarantee this work was provided and the agreement will allow completion of the work concurrently wtih Tract 2619 improvements. The agreement also provides that the improvements for Tract 2619 will be completed by December 15, 1971; trees to be planted which were not installed in Tract 2459, a cash bond in the amount of $1350 will be posted for this work. The City Attorney Mr. Lewis advised that action had been initiated some eight or nine months ago to call the bond on these tracts~ but due to delay in the court procedure it has not come to trial. Approval of the agreement and the tract at this time will not negate our legal action~ and both the attorney for the bonding company and the subdivider understand that the action will be maintained until the improvements are completed. Mayor pro-tempore Pritchard inquired whether Windsor Land Co. is a partnership or corporation and the City Attorney stated that Windsor Land Co., which is a partnership, was the Bevilacqua agency that commenced the subdivision. Windsor Equities, Inc. is a corporation and is a separate company although it is con- trolled by Bevilacqua interests and is taking over the completion of the subdivision. Councilman Miller asked are the individual partners liable for failure to deliver on Tract 2459, and Mr. Lewis stated that they had been sued individually as well as a partnership; one of the principals had passed away prior to suit and his estate was in- cluded in the suit re calling the bond. Legally speaking, Windsor Land Co. and Windsor Equities are separate. The situation now is that a corporation is carrying on the obligations of the limited partnership; our action will not release Windsor Land Co. and the agreement makes it clear that an additional party is being accepted to perform the original obligation. Mr. Lee advised that the improvements on Tract 2619 are in progress. The bridge was a part of the improvements for Tract 2459 which have not been completed or accepted for maintenance by the City. The agreement would accept these improvements even though the bridge is not completed~ but will be by December~ 1971. Another point in the agreement concerns parks, the agreement provides that the 20 lots which remain undeveloped in the first unit would pay a fee based on the current requirement of $333 per lot plus all the lots j.n the second unit would pay the current fees, and in the event a park site was provided which would be suitable to the City these fees could then terminate. Mr. Lee proposed an amend- ment to Section 5 of the agreement that the developer pay park fees on all of the remaining lots in Tract 2459 and all lots in Tract 2619; with the development of any additional property in the area (the whole PUD) dedication be four acres of park land just below the school site be made. These four acres, plus fees, would satisfy all the park requirements for the west half of Northeast Annex No.4. LARPD had indicated they would like to have a major park in this area, and the four acres dedication, along with the fee~ would provide the capital to either help develop the major park or this park. The developer is unable to dedicate the four acres at this time as it is encumbered and not free for park dedication immediately. Mr. Lee explained that in addition, the agreement provides that the City will quitclaim the channel back to the developer since it must be dedicated to the County for Zone 7~ he will receive credit from the County. Also provided is a requirement that the developer will pay outstanding fees from Tract 2459, and in addition, agreement has been reached on the storm drain credits and fees for the second unit. Concurrently with the acceptance of the improve- ments of Tract 2459~ the bond would be released. CM-24-253 August 9, 1971 Councilman Miller felt interest should have been included on the fees unpaid in the agreement reached in 1969 as the monies had been due since 1965. Costs for these public works improvements have surely increased in the interim, and the costs should be increased to cover the present public works index so that if the company defaults the City will have sufficient money to install the im- provements. Mr. Lewis stated this had been partly covered as a few years ago the Public Works Director made the decision, under the provisions of the Subdivision Map Act, to increase the amount of bonds required. The City is placing the bonds, at the present time~ at the maximum amount allowable by law. Councilman Beebe asked if the new engineering fees and charges agreed upon last year are being reflected in these contracts~ and Councilman Miller suggested that the bridge cost increase should also be reflected in the agreement. The City Attorney stated that he felt the agreement was very equi table as far as the City is c~~e~ - ~--tLc... /~ Councilman Miller felt that the City hadJex~..p rienced difficulty with Bevilacqua, as haq/)~~~sidents of the area, and he was con- cerned for this reason.~~ay of the par ~ain getting the short end of the agreement with Bevilacqua. All of the public works improvements should be installed now as they might default again, and a cash bond should be posted sufficient to cover all the public works improvements so that if they are not completed by December 15 the City can proceed. The City Attorney explained that bonds are posted for Tracts 2459 and 2619, this is the obligation that we have and must look to. He stated the supposition that by mutual agreement one could require a cash bond, but unilaterally he did not believe this could be done. Mr. Lee stated that delay of the bridge installation had not caused inconvenience, but delay in the acceptance of the tract has caused the property owners some inconvenience. Windsor does own the prop- erty to the west, and before it can be developed the bridge will have to be constructed and Heather Lane extended. In fact, Windsor has recently brought in plans for cluster development on this area to the west, and there is some incentive for the developer to finish the work. Councilman Silva made a motion, seconded by Councilman Beebe, to adopt the resolutions authorizing execution of the agreement, with the amendment as suggested to Section 5, and to authorize acceptance of Tract 2459 for maintenance, and the resolutions were adopted by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Silva Councilman Miller Mayor Taylor RESOLUTION NO. 95-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Windsor Equities, Inc.) RESOLUTION NO. 96-71 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 2459 Prior to vote on the above motion, Mr. Tocci, representing Windsor Equities~ stated he had not had time to study the proposed amendment to Section 5, but it appears to be acceptable. He also stated that an agreement had been made with a lending company to improve Tract 2619 and to provide construction loans for 205 lots. The improvement money has been vouched for and sub-contracted and is guaranteed to these subcontractors; completion should be reached by December 15 if not before. Plans are under way to complete the property to the west as well as to the north. CM- 24- 25 4 August 9, 1971 The City Manager reported that according to the REPORT RE COUNTY County Planning staff~ who are assistants to the AIRPORT LAND USE Commission, the boundary lines eventually adopted COMMISSION - do not necessarily mean that these lines will GENERAL PLAN AREA constitute the planning area of the Commission; it probably will be something less than this area, but they do want to indicate an outer peripheral boundary. As to the responsibility of the cities and Commission in regard to land use within that area, the law and the interpretation of the County staff is that once the plan has been composed and adopted, hopefully consistent with our thinking~ any type of land use proposed to the City in accordance with the plan will not be processed through the Com- mission. Any land development proposal contradictory to the General Plan will have to be submitted by the City. There is some question as to whether the Council must act first, then submit any application, or should said application be submitted prior to decision by the Council. This is a procedural matter and must be decided eventually. Mr. Parness said the County staff feels that the the boundaries as suggested are best for the City as owner and operator of the airport; the City of Oakland is~ in fact, asking that their boundaries be extended to include the area of other cities so that development will occur so so as to protect the airport. CouHcilman Silva stated that Oakland is already built~ and the more we can protect our airport by including more area the better, he felt our City should retain as much control as is possible. Mr. Musso pointed out that part of the area within the proposed boundaries is within the Pleasanton Planning area, and we may be pleased to have the Commission protecting our airport interests in the Pleasanton planning area. The City Attorney reminded the Council that they have the right~ by 4/5 vote, to override the Commission. Mayor pro-tempore Pritchard inquired if 4/5 vote were not available, could the matter be handled by referendum and Mr. Lewis replied that in this case it has to be assumed that the state has occupied the field and that referendum does not lie to overrule the decision of the Commission. A motion was made by Councilman Miller~ seconded by Mayor pro-tempore Pritchard~ to adopt the Planning Commission and staff recommendation for the boundaries. James McElroy, 1345 Wagoner Drive, said that the aircraft using the airport are small craft with the exception of one larger one which already exceeds the boundaries of the planning area in its flight path and approach to the airport. Larger aircraft would need a larger pattern. If the airport develops, the area proposed might be too small rather than too large. Mayor pro tempore Pritchard inquired if a policy had ever been adopted regarding the development of the airport, and Councilman Miller said possible expansion had been discussed. Mr. McElroy pointed out on the map the boundaries of the area which he considered would be affected by the use of the airport by different craft. Mr. Robert Allen, 223 Donner, said he was amazed at the area in- volved which includes present development; he did not feel our planning functions should be subordinated to the airplane to such a degree. Planning should be limited to area not presently developed. Councilman Miller said he felt that effort should be made to avoid possible suits due to airport use. Councilman Silva stated he would rather rely on the oplnlon of the City Attorney in regard to land use planning than the Commission. CM-24-255 August 9, 1971 (Report re cty. Airport Land Use Comm. - General Plan Area) He inquired if the City can control the airport use, or if the Land Use Commission can preempt the City to create an airport for use by larger and more powerful planes. Mr. Parness said the destiny of the airport and its future use is entirely in the hands of the Council and the Federal government. Councilman Silva asked if we can deny the use of our airport to larger planes if such use is requested. Mr. Lewis said the City does have the right through FAA to designate when the airport becomes unsafe or unsuitable for a certain type of traffic. FAA can re- cognize this fact and inform airplane operators through their material. Aircraft have the right to land and take off as long as they observe federal, state, and local regulations. Mr. Parness stated it was not in the purview of this Commission to tell the Council that the airport must be expanded to accommodate larger planes. They can review expansion plans proposed by the City but cannot dictate how the airport is to be expanded or used. Councilman Beebe stated that the majority of the members of the Commission are aircraft minded people who probably do not want any residential development close to the airport. The airport should not take precedent over all other land uses in the Valley. Robert Allen said he understood airport land use planning is to pro- tect people from noise and hazard; people have learned to live with noise and hazard from other sources, such as railroads, and he fail- ed to see why such importance should be given to airplance use. Mr. Lewis said the Commission has been established by State law; the question now is what recommendation is to be made to the Commission as to the best area of consideration. Ray Faltings spoke in regard to the movement of the airport before, and he felt any extension of the airport and use should consider the noise and other problems involved. Mr. McElroy stated that the City can control air traffic to a cer- tain extent. Secondly, the aviation industry does not object to residential development but does feel the adjacent land uses should be compatible. Mr. Musso stated that a part of the study to be conducted by the Commission is to look at the future of the airport and its design. ABAG is also looking into this matter. The motion to accept the Planning Commission and staff recommendation for the boundaries of the area to be set by the Land Use Commission failed to gain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Pritchard and Miller Councilmen Beebe and Silva Mayor Taylor The Public Works Director stated that one of the most important points to be considered is that the City's planning area only ex- tends to the golf course, barely off the end of the runway. The extension of the planning boundaries is in the best interest of protecting the airport, which is of tremendous value to the Valley. Councilman Beebe made a motion that the boundary on the eastern end be reduced toon~half mile from the limits of the airport, which would eliminate the already developed area. Councilman Miller said he felt the Council agreed the planning area should extend into Pleasanton, and that City would expect part of the proposed area to be within Livermore's planning area. There was no second to Councilman Beebe's motion. Councilman Miller suggested that the matter be tabled and no recommendation made. The Council discussed the effect of such action. CM-24-256 Councilman Miller restated the original motion to accept the Planning Commission and staff recommendation regarding the boundaries; the motion was seconded by Councilman Pritchard and passed by the following vote: AYES: NOES: ABSENT: Councilmen Pritchard, Silva, Miller Councilman Beebe Mayor Taylor * * * The attorney for the applicant, Greenview Swim & Racquet Club, which had requested a sewer connection, has requested that this item be postponed indefinitely. August 9, 1971 (Report re cty. Airport Land Use Comm. - General Plan Area) SEWER CONNECTION AGREEMENT - GREENVIEW SWIM & RACQUET CLUB Councilman Beebe made a motion to continue this application for sewer connection for an indefinite period; motion seconded by Councilman Silva, approved unanimously. * * * After a brief recess the meeting was resumed RECESS with the Council members present (Mayor Taylor absent) . * * * An appeal has been submitted by Thomas J. Green in regard to denial of variance applica- tion to permit second story flats on pro- perty located on the north side of East Avenue, east of Wagoner Farms. APPEAL RE DENIAL OF VARIANCE (Thomas J. Green) The Planning Director reported that this is a request for variance from two points of the ordinance. One was a limitation on the number of dwelling units within a building; the ordinance specifies five but it has been pointed out to the Planning Commission that this should be an even number of units to allow coupling up on water and utility connections. The applicant has requested six units. The other request is to allow two story construction of flats, or one unit upstairs and one unit downstairs. Mr. Musso reviewed the Planning Commission discussion which centered on whether or not the ordinance was desirable. The RG-IO-12-14 zoning was adopted which allowed lower density development but imposed one story limits and a limitation on the number of units in a building. The ordinance was later changed to allow two stories provided it was a townhouse design. The Commission could not find any issue with the development except there is relatively less open space, but felt the ordinance should be upheld and denied the variance for second story flats. Mayor pro tempore Pritchard asked why it would be better to allow townhouses with the two stories than flats as proposed. Mr. Musso replied that the experience of the Commission over the years is that objections were based on the desire not to have living units on the second story, only sleeping quarters. The reasons for adoption of the ordinance were discussed. Mayor pro tempore Pritchard stated he felt it was frustrating to deny a development whereby a trememdous amount of open space would be gained, and the allowance of second story flats would not harm anyone. He could not understand the original intent of the ordinance and why a variance should not be granted in this case. Councilman Miller said that findings must be made to grant the variance, and if changes are to be made perhaps the ordinance should be amended. Councilman Miller stated that residents in single family units do not like two story apartments, and this project does to some extent border on single family. The CM-24-257 August 9, 1971 (Appeal re Denial of Variance - Thomas Green) ordinance started out to correct such a situation. There are several options available: setback might be increased from 50 ft. to 100 to 150 ft. from the boundary line; two stories might be allowed even in RG-IO; create two categories in RG-IO--one for development adjacent to single family and the other where it is not surrounded by single family; creation of RG-8 zoning. He preferred increasing the setbacks to 125 ft. Councilman Silva suggested that he would rather have his living quarters relate to the open space. Councilman Miller pointed out that storage and parking spaces, etc. could be within the 125 ft. setback with living space still related to open space. ~~~.L_ Councilman Miller stated that he would "the ~tion by stating that the intent of the Council is to increase the setbacks in RG-IO, 12 and possibly 14 zones to 125 ft., and in view of the Council's favorable consideration of these increases in setbacks, he would then move to offer a variance to this applicant to allow two-story construction in RG-IO subject to the condition that there be a 125 ft. setback from all commercial, residential, and industrial areas and setbacks of 75 ft. from multiple. Motion was seconded by Councilman Silva. The applicant, Thomas Green, pointed out on the site plan that the unit orientation is away from the property lines. The present set- backs would place 70 ft. between this and adjacent development. The design included 50% open space rather than 30% through strict adherence to existing RG-IO ordinance. Mr. Green felt it was significant to differentiate between single family and commercial uses in regard to setbacks. The Council discussed how this increase in setbacks would affect the site plan for this applicant. It was pointed out that variance cannot be granted on design as this is too subjective. There was further discussion of possible changes in the RG require- ments for two story construction in regard to setbacks and relation to adjacent property. Mr. Green said he felt it was in the public interest to permit a variance that will allow flexibility of a site plan such as the one presented due to environmental aspects. This fact, along with the unusual circumstances regarding the location of the property, should support findings for a variance. The variance might be better than amending the ordinance to increase the setbacks to 125 ft. Mr. Musso pointed out that in regard to this application the 125 ft. setback would apply only to two sides as it fronts on East Ave. on one side and a street on the Arroyo side. A relocation of some 16 units would be involved to meet the 125 ft. setback requirement. Mr. Green suggested that a good compromise would be a 75 ft. set- back all around the development. The motion to approve the variance to permit the second story con- struction with the 125 ft. setback as discussed was approved unanimously (Mayor Taylor absent). * * * COUNTY REFERRAL REZONING AREA ROBERTSON PARK, ARROYO ROAD, MARINA AVE. & WENTE STREET A county referral of the proposed rezoning from R-l (5000 sq. ft. minimum lot) to districts provided by the Zoning Ordinance for an area bounded by Robertson Park, Arroyo Road, Marina Avenue and Wente St. has been received. Mayor pro tempore Pritchard acknowledged a letter from George Barber, 841 Lambaren Avenue. CM-258 August 9, 1971 (cty. Referral Rezoning - Robert- son Park area) Mr. Musso said this rezoning had been initiated by a group of property owners on Marina Avenue because the area north of Marina is zoned for 5000 sq. ft. lots which are too small to be reasonably developed. The Planning Commission has recommended that the west half of the area be zoned A-20 as there is no sewer trunk line in the area and to avoid five- acre subdivisions. On the area near the Arroyo there is a sewer line available and this is proposed for two per acre zoning north of Concannon Blvd. (10,000 sq. ft. lots) and the area south of Concannon Blvd. in half-acre lots. There had been testimony at the Planning Commission opposing the zoning. Councilman Miller made a motion to recommend to the County that the one portion to the east be zoned A-20 and the two parcels on the west for one acre zoning. There was no second to the motion. Councilman Beebe made a motion, seconded by Councilman Pritchard, to approve the Planning Commission recommendation to rezone the east half of the area to A (Agricultural) District with a twenty acre minimum parcel size; rezone the west half of the area, north of Concannon Blvd. extension to R-l (Residential) District with a 10,000 sq. ft. minimum parcel size; and to rezone the west half of the area south of Concannon Blvd. extension to R-l (Residential) District with a one-half acre minimum lot size. The motion was approved unanimously (Mayor Taylor absent). * * * A progress report was submitted regarding the abatement program for non-conforming signs. The report was acknowledged by the Council. * * * The City Manager reported that, as directed by the City Council, the BAAPCD staff has been contacted regarding a meeting with the Council and other public jurisdictions in the Valley to discuss possible density controls relating to the valley smog issue. PROGRESS REPORT RE NON-CONFORMING SIGN ABATEMENT PROGRAM REPORT RE BAAPCD MEETING and other matters The Council indicated that the meeting should be set for Sept. 23, and that other public agencies within the valley should be asked to attend. Councilman Silva felt the meeting discussion should be limited to the comments made by Dr. Feldstein on land use planning in the BAAPCD area in relation to smog. Mr. Parness said this was generally what had been indicated to Mr. Callaghan. The Council felt that the discussion should be generally limited to land use planning aspects. The City Manager reported that the trustee sale of the Sally property had been postponed until the 24th of August. It is probable that the sale will not go through. * * * The Public Works Director reported that the developer has agreed to place the entry sign on Alden Lane and Holmes st. as proposed. * * * The City Attorney advised that the litigation which the City had been involved in had been concluded except for the final argument some time in September. (Amador Valley Investors vs. City of Livermore) * * * * * * MATTERS INITIATED BY STAFF (Entry Sign) (Li tigation) (Sally Property) CM-24-259 August 9, 1971 (MTC Regional Transit Plan) The City Manager stated that a study which is a part of the MTC regional transit plan will soon be conducted by BART. MTC was awarded a federal grant to undertake a number of studies, one of the major ones to concern rapid transit service to the Valley. The budget for this study is $533,000. The quasi-legislative administrative body to oversee this study is the Board of Control which will con- sist of three membemof MTC and four membe~ of BART. Mr. Parness felt at least two of the members should be appointed from the Valley since the study will affect us, and asked that the Council instruct him to request the BART Board to appoint at least two members (one from Livermore City Council and one from Pleasanton City Council). A motion to this effect was made by Councilman Beebe, seconded by Councilman Miller, passed unanimously. * * * (Criminal Justice Planning Board) Mr. Parness reported that there are some public members to be appointed to the Criminal Justice Planning Board. He asked if the Council might have someone in mind who would be willing to serve on this Board, and suggested that a representative from one of the minority groups might be considered. * * * (Sidewalk Repair Notice) Mr. Parness discussed the notice which had been prepared to send to residents in regard to sidewalk repair. Mr. Lewis advised that the cost of the repair can be paid over several years if the Council concurs. Councilman Miller suggested that it should be included in the letter that the City is going to solicit a bid for the remaining work, which will hopefully result in a reduced cost. Mr. Parness pointed out that if this is includ- ed (payment over several years), it will require a financial out- lay on the part of the City in extending the funds. The Council discussed the financing in this manner. Mr. Lee felt it might be misleading to add such wording as the bids received might be more, due to all the costs incurred in getting bonds and preparing the bid, than if the property owner took care of it. Councilman Miller felt the people should be able to choose between the City's contractor and their own. Mr. Parness said once the City gets a contractor it is virtually too late for individuals to do the work unless it can be done before he gets there. Mr. Lewis stated that if the contractor does not know how many pieces of work he will actually get, then he will not know how to bid. Mayor pro tempore Pritchard said he did not know how we would get a contractor to bid if he does not know how much work he will have. Mr. Parness explained that this informal notice is given to the property owners and the sidewalks marked. Then the legillnotice will be given which states the property owner has two weeks to re- pair the sidewalks, and once the two weeks has expired an appraisal has to be made by the staff as to what has to be done by the single contractor by bid. Councilman Miller felt that people should be given a chance to get a lower price, and whether this is possible won't be known until the bids are received. Councilman Beebe said that when this was first discussed the staff was asked to get a City-wide bid, with a specific price for each parcel, and then the property owner would be notified of the cost. Most of the people seem to'be going ahead with the work now. Councilman Miller stated that this letter does not give even a hint that the City intends to obtain bids. The City Attorney ad- vised that this is because of the statutory form of the notice and there will be some confusion but it must be clear that the CM-24-260 August 9, 1971 law is not being changed. Councilman Miller said this is wny an additional letter should be sent with the notice to explain the options. (Sidewalk Repair Notice) The problems involved in getting a bid were discussed. Mr. Lewis said that the cost of estimating each of these properties will have to be built into the bid; it cannot be anticipated that the volume will make the bid lower. The situation is that if people are encouraged to wait for the City to get a bid to see what the cost will be, then the bid cost may not be as low as received in previous years. The City can try, but the result is uncertain. Councilman Silva asked if the time limits of two weeks and five days stated in the notice can be changed. He was advised that the wording can be changed to ffmust be commencedff rather than "must be done1! in Item No.6. The time for payment can be changed for installment payments. Councilman Miller felt that the letter should encourage people to call the City about how to cut back the tree roots. Leo von Gottfried, 3487 Yale Way, said people in his area are removing trees in instances where the sidewalks have not even been marked. He urged that the letter ask people not to take drastic steps. The Council discussed this point. Mr. von Gottfried pointed out that the reason for going to a class action was that the Ad Hoc Committee felt that this matter was something the liability insurance of the City should cover if the suit is successful. Mr. Lewis stated that the City's insurance premiums are based on past experience, and it was a false assumption to assume that the cost of the repairs will not be borne by the City in some manner. If the insurance company has to pay it, the City's premiums will reflect this and ultimate- ly the taxpayers will have to pay the cost. The assumption that someone will pay for it for free is incorrect. Mr. von Gottfried said it was inequitable and unjust that the property owners be made to pay for the honest mistakes of other people, the City as a whole. Viktor Hampel, 1143 Canton Avenue, spoke to three points in the notice letter. He felt the statement in Item 2 was incomplete~ and then read a portion of the invitation for bid for insurance by the City in 1969, which listed past experience including several claims in regard to falls on sidewalks in 1968. He thought the City was giving the impression to homeowners that claims due to sidewalk injury had not been paid by the City~ but he had talked to the City's insurance carrier, Gene Morgan, who stated claims had been paid out of court by the City's insurance carrier, as well as homeowner's policies, for such cases where City tree damage was involved. Thirdly, he quoted statements made by the City Attorney recorded in the Council minutes of May 24, 1971, which he felt were not in accordance with this item in the notice letter. He stated he would present further state- ments in writing to the Council. * * * Councilman Beebe inquired about the referral to the Planning Commission regarding the highway oriented sign portion of the sign ordinance. Mr. Musso said this had been continued for three weeks in order to have a meeting with Pleasanton and the County to talk about highway signing regulations, and would be before the Planning Commission on August 10. (Highway Oriented Signs) * * * CM-24-261 August 9, 1971 (Lounsbury's Junk Yard) Councilman Miller inquired as to the situation regarding Lounsbury's junk yard off Portola Avenue, and asked the City Attorney to check into this for later report. * * * Councilman Miller referred to letters in the newspaper urging installation of a phone at the Bus Station. The Council was informed that arrangements had been made for a phone booth to be installed, but due to other construction it would be four to six weeks before this could be done. (Bus Station Phone) * * * ADJOURNMENT There being no further business to come be- fore the Council, the meeting was adjourned at 12:10 a.m. * * * APPROVE (C -r:;+ ATTEST oj · ~~~L / . City Clerk L~ermore, California Regular Meeting of August 16, 1971 A regular meeting of the City Council was held on August 16, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m., with Mayor pro tempore Miller pre- siding. * * * ROLL CALL PRESENT: ABSENT: Councilmen Beebe, Silva and Miller Councilman Pritchard and Mayor Taylor * * * PLEDGE OF ALLEGIANCE Mayor pro tempore Miller led the members of the City Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES The minutes of the meeting of August 2, 1971 were approved as submitted on motion of Councilman Silva~ seconded by Councilman Beebe and by unanimous approval. * * * CM-24-262 August 16~ 197'1 Kay Parra, 819 Brennan Way, referred to a com- plaint which she had made two months prior concerning the Police Department, and submitted a bill for injuries incurred. Mrs. Parra also asked if there was the possibility of forming a Police Review Board. It was the consensus of the Council that the staff should obtain information from other cities along this line and study the possibility before presenting the matter to the Council for discussion. OPEN FORUM (Complaint re Police Dept.) Mrs. Parra also asked concerning her prior request(SACEOA) re SACEOA and Mr. Lewis gave a resume of the report he had previously presented to the City Council in this regard, generally stating the facts about "opting out" of SACEOA. Mrs. Parra asked if there was some means of obtaining the money from SACEOA to which the Valley is entitled, and Mayor pro tempore Miller stated he would advise Councilman Pritchard (the SACEOA representative) to present this matter at the next meeting with SACEOA, and report back to the Council. * * * The City Manager advised that he had received a letter from the County Director of Public Works with regard to the west turn lane onto Stanley Blvd., advising the City of two alternatives: (1) acquire additional twelve feet on the south side of Stanley Blvd to achieve necessary widening in accordance with their standards, or (2) extend certain street alignments in the tract across the channel which might give them a little more accommo- dating travel method. The Public Works Director also reminded them that the commitment was officially made by the Council to close Nancy Street at the time the contract was originally exe- cuted calling for the full improvement of East Stanley Blvd. (Nancy Street Closure) Mayor pro tempore Miller stated the Council had no choice in the matter, and asked if the street could be red lined to allow a turning lane as there is backing lot treatment on that street. Mr. Parness advised that this matter would be on the agenda the following week. * * * CONSENT CALENDAR Departmental reports were received from the following: Departmental Reports Airport - Activity - July Building Inspecting Dept. - July Fire Department - July Police and Pound Departments - July Water Reclamation Plant - July * * * A report was submitted by the Public Works Di- rector regarding bids received on the following: Report re Bids (Airway Blvd.) Proj. 71-34 Airway Blvd. Teichert Constr. Co. Gem Construction Co. Pelligrini Constructors Proj. 71-32 Total Dolores & Paci- fic San. Sewer $ 3,405.00 $82,d50.50 4,858.00 98,478.30 5~838.10 103,800.70 $79,445.50 93,620.30 97~962.60 It is recommended that the work be awarded to the low bidder, Teichert Construction Co. * * * CM-24-263 August 16, 1971 Communications Sidewalk Repair Communication was received from Viktor Hampel re recommendations and corrections to notice in the sidewalk repair program. * * * Communication was received from Gib Marguth concern- ing resolution of dispute re K-B subdivision. Mr. Marguth met with the representatives and their le- gal counsel from the homeowners group and the developer, and as a result of that meeting both parties agreed to work toward a solution that included the following: K-B Subdivision 1. All of the dwellings to be constructed in the subject tract would be built using "conventional" building techniques. 2. All unsold units would be built using shake roofs and the devel- oper would attempt to convince the purchasers of the units already sold to change to the shake roofs. Report re Las Positas Clubhouse Bids work and it is * * * As a supplementary matter to the reconstruction work required for the upper floor of the clubhouse, it is required that an air conditioning system be installed. Competitive bid is required to do this recommended that the Council authorize receipt of bids. * * * One Hundred one claims in the amount of $63,698.27, dated August 11; two hundred sixteen payroll warrants in the amount of $44,232.51, dated July 16; and two hundred eight-six payroll warrants in the amount of $60,125.43, dated July 30, 1971 were ordered paid as approved by the City Manager. Coun- cilman Beebe abstained from voting on Warrant 285 and Councilman Silva abstained from voting on Warrant 244. Payroll and Claims Approval of Consent Calendar League of Women Voters Information Booklet * * * On motion of Councilman Beebe, seconded by Council- man Silva, the items on the Consent Calendar were approved unanimously. * * * A communication was received from the League of Women Voters re an information booklet, compiled by the League, and a request for funds to assist in defraying the cost. Mrs. Valerie Raymond explained the booklet which was being prepared, and advised that the cost was more than had been anticipated as it covem the Valley; they hoped that the Council would consider off- setting some of the cost. Councilman Silva felt that the Chamber of Commerce should be asked to contribute as they are the public relations arm, and felt it is their function, and made a motion that the Council not appropriate any funds as requested, however the motion failed for lack of a second. Councilman Beebe made a motion to purchase $100 worth of the booklets at lOt a copy for the City to distribute, seconded by Councilman Miller, and passed 2 to 1 with Councilman Silva dissenting. Lloyd Jansen, 516 Adelle Street, suggested that ads be solicited from the local merchants to cover the cost of publication, however Mayor pro tempore Miller, stated that the League has already re- ceived funds from the merchants. CM-24-264 A request has been received from Cornett Realty inquiring as to the attitude of the City Council on the annexation of 150 acres located on Northfront Road at the Green- ville interchange. August 16, 1971 REPORT RE ANNEXATION INQUIRY - NORTHFRONT ROAD The City Manager stated that the property is on the extreme remote extension of the City; it can be made contiguous along a portion of Highway 580. The applicant wishes to apply, in the event of annexation, for a PUD for highway commercial, multiple residential, and single family development. It would be costly and difficult to provide the extension of City services to property as remote as this parcel. He recommended that the re- quest be denied. Councilman Silva inquired about previous discussions regarding formation of a benefit district for sewer extension. Mr. Parness said several commercial interests along Northfront Road had approached the City two or three years ago for extension of utilities to that area, particularly a sewer line. The response was that it might be possible for an assessment district to be formed for that purpose and sewer connection agreements executed with owners or users if they wanted sewer service in advance of annexation. Nothing had been done in this regard. The Planning Director stated that this property is indicated as residential although the City has agreed to a highway and auto traffic oriented commercial area along a portion of Northfront Road. Various densities are indicated with 2 and 3 diu/acre to the rear with a portion as agricultural. There are no schools to serve the area. The Council discussed whether the annexation could be denied due to lack of schools; the City Attorney advised that annexation is a decision of the Council, and if there is reason to deny the annexation they may do so. Councilman Silva asked about possible annexation of a 200 ft. deep strip for highway commercial zoning as had been discussed before. Mayor pro tempore Miller said this would require the consent of the other property owners. Councilman Silva pointed out that the previous Council had gone on record as favoring highway commercial for a depth of 200 ft. along the road, but it would not be feasible to annex 200 ft. with a portion of the parcel left outside the City. Parcels over 200 ft. might be zoned agricultural, with indication that it would be premature to zone it for residential development. Mayor pro tempore Miller said the feeling of some of the Council had been to limit the development on the north side to that sufficient to provide a school and shopping center, and the remainder would wait until later. Mr. Musso indicated that some of this area is already zoned for development, but approval would depend on a sewer line in the area. There would be no hindrance for highway commercial ex- cept the lack of a sewer line. William Busick, 671 West A Street, Hayward (owner of property along Northfront Road) indicated the zoning approved for an area approximately 700 ft. deep. He explained how the lines had been decided and stated the area had been zoned up to and including the Greenville School. The City Engineer had drawn up the plans for the sewer line, and approximately 80% of the property owners have agreed to put the sewer line in on the basis of a 15-year district. The sewer line would extend from Scenic Avenue to West Avenue, across South Lane, to Vasco Road, to Northfront Road as far as the Greenville School. Mayor pro tempore Miller said that the Council and Planning Commission in the past have been favorable to commercial use but that residential was premature as it would be leapfrog develop- ment. He would support the recommendation of the City Manager for denial of the annexation. CM-24-265 August 16, 1971 (Report re Annexation Inquiry - Northfront Road) Councilman Beebe felt this would be a good area for commercial and also industrial uses. Councilman Silva said he would favor commercial but did not think residential should be approved at this time as it was premature. If Mr. Busick could put together a group for highway commercial development, he would favor highway commercial along this frontage road. Mr. Cornett, the applicant, stated he had talked with the City Manager and others involved with planning in Livermore, as well as other cities, and the hue and cry seemed to be that housing is a dirty name, but it is necessary to get people into the area. He remembered hearing the Livermore area scream because the population reported was not as high as it should have been which caused a cutback on the federal level. There is a need for more commercial entities as they do not take up a lot of services but afford a big tax base. In this proposal there is a party ready to come in for development while Mr. Busick has tried for several years to get utilities down Northfront Road but has not been successful. It takes a long time to put a LID District together, and it puts an indebtedness against the City. The developer in this proposal is ready to put the water and sewer lines in and to pay these costs in order to have a reasonable plan approved. He had assured the developer that the City Council would look at any proposal which would be beneficial to the City. This development should promote the commercial development down the road, and in this way a portion of the cost will be recovered. Mr. Cornett requested that this matter be postponed until a full Council is present for action as he felt it was an important matter. Councilman Silva made a motion, seconded by Councilman Beebe, to continue this item for one week, passed unanimously. * * * The City Manager reported that a request has been received for the annexation of some properties located on South Vasco Road, abutting and contiguous to the City limits, constituting about 40 acres. The request is for the views of the Council as to the receptiveness of the City for an official annexation of this property. The property is an extension of a remote sector of our incorporated bounds and although it can be serviced with utilities the other forms of municipal services would be costly and difficult. The staff recommendation is that the proposal be denied. REPORT RE SO. VASCO RD ANNEXATION The Council iEling was in agreement with the City Manager's recom- mendation for denial, and especially so since the General Plan for the area was for industrial use. Mr. James Cornett, 177 Front Street, Suite G, Danville, stated there were two ~ery erroneous statements made, and he intended to withdraw the application. It was stated that the area was in a very remote sector, however it does abut the City limits; they are not leap- frogging, but trying to extend the city and offer services to the city. They are bounded by industry, and an agricultural preserve, and by a commercial entity that the County set up and are landlocked. They have spent a great deal of time with the Industrial Committee and the Chamber of Commerce, and the Industrial Committee agrees that there is an abundance of industrial land not being used; also that there must be someplace for the people to live who are going to work in the industry that is in Livermore. Mayor pro tempore Miller stated acceptance of the withdrawal of the annexation application. CM-24-266 August 16, 1971 The Planning Director reported that a meeting had been held with the County (Pleasanton was unable to be represented) regarding discussion of freeway sign standards. At the next meeting the three ordinances will be reviewed by the group, and hopefully, a recommended change will be agreed upon. There is a distinct difference in the philosophy between the three jurisdictions, and this is what the representatives will be con- sidering. It was pointed out that Commissioner Nelson is on the committee, and probably his suggestions in this regard will be discussed also. The Council discussed points in Commissioner Nelson's proposed ordinance in relation to service stations. ZO AMENDMENT Sec. 21.70 - Freeway Users Signs Councilman Silva stated that he felt a moratorium was indicated for requests for signs greater than allowed by the present ordi- nance, and he was against moratoriums except as a last resort. He felt that it would take quite a while for this committee to make a recommendation and a change to be made in the ordinances; he felt each application should be considered on its own merits until such changes are made. Mr. Musso said the Council was now free to set a hearing regarding freeway oriented signing and then to draw up their own ordinance as the matter had been sent to the Planning Commission for report and the prescribed public hearing. Mayor pro tempore Miller pointed out that the Commission had unan- imously recommended that this matter be continued until the details can be resolved. Councilman Silva made a motion to continue this matter for one week in order to determine if the majority of the Council wishes to initiate its own hearing and changes in the ordinance; motion was seconded by Councilman Beebe. Robert Allen, 223 Donner Street, suggested that the size of the signs be keyed to the assessed valuation. Mr. Musso said this is essentially what happens under the present regulations as the size of the building determines the signing allowance, and larger buildings are generally assessed at higher amounts. Keith Fraser said that during discussions regarding freeway oriented signing and signing along scenic highways, a statement had been made by one of the commissioners that it might be years before decisions regarding scenic highways could be made. He was not opposed to a short continuance but was opposed to continuing this matter until a decision is reached by the joint committee. After further discussion the motion to continue this matter for one week was withdrawn. Councilman Silva made a motion to con- tinue the discussion regarding the proposed Zoning Ordinance amend- ment to Section 21.70 - Freeway Users Signs, Freestanding Signs and other pertinent sections of the ordinance for four weeks; motion seconded by Councilman Beebe was passed unanimously. * * * The Planning Director reported that when tenta- tive Tract 3333 was presented the location of the parkway-trailway was indicated to be deter- mined after Planning Commission study. The Commission reversed the original decision to see if the parkway could be included within the tract. Originally, it had been decided that if this parkway was included as part of the state right-of-way, then at such time as the freeway is acquired and developed the State would integrate the parkway; lette~so TRACT 3333 - LOCATION OF PARKWAY- TRAILWAY CM-24-267 August 16, 1971 (Tract 3333- stating have been received from the state Divi- Parkway-Trailway) sion of Highways. The Planning Commission, after consideration, concluded that the parkway might be relocated by the State and placed in a different location, and has asked that an amendment to the map be made to indicate the parkway in Tract 3333. The one problem would be that the developer would be trading setback for the parkway as setback from the freeway would not be required if the parkway abuts the development. The recommendation is to go back to the developer and request relocation of the parkway; it might be necessary to compromise with part of the parkway within the tract and part within the freeway. It has also been recommended that the bare minimum of development be made, with no fence on the west side. Councilman Silva said that perhaps the point that the 50-ft. setback required from the freeway will not be required if the parkway is located along the freeway should be discussed separately. A com- promise might be indicated that if the parkway is located on the tract, the 50-ft. setback will not be required, and perhaps 50% of this land will be park dedication. Mayor pro tempore Miller said the developer would receive density transfer credit, and discussed how such credit might be used. He did not feel it was necessary to give park dedication credit. Mr. Musso point out that if the parkway is included in the freeway right-of-way the State would probably integrate it into the design of the freeway, provide crossings, etc. Mayor pro tempore Miller said that the Commission's thinking was that if the parkway is already designated the State is more likely to replace it. The State might relocate it on the other side of the freeway. Councilman Silva made a motion to accept the Planning Commission's recommendation, amended as follows: the proposed parkway be located within the future State freeway right-of-way, with Items 2 and 3 as stated. The motion was seconded by Councilman Beebe. Robert Allen, 223 Donner Street, said it should be borne in mind that if the parkway should cross the railroad tracks there would have to be grade separations which would fall under the jurisdiction of the Public utilities Commission and the City would not have the authority to grant an additional crossing. Mr. Musso agreed there would have to be a grade separation which would be considered as a part of the construction of the freeway. It seems now that the parkway will have to start at the Holmes Well site, cross over to the other side of Isabel Avenue, go up the Cal Rock buffer area, up west side of Isabel Avenue, across the freeway to the creek, and then probably under the Arroyo Mocho, then north. Mayor pro tempore Miller felt it would be better to have the parkway within the subdivision. He moved to table the matter until the full Council was present, but there was no second. The motion to accept the Planning Commission's recommendation, as amended, that the proposed parkway be located within the future State freeway right-of-way; that the first phase improvement consist of only grading, bike trail paving and tree installation; and that header boards and fencing be relegated to later phase of improvement was passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva Councilman Miller Councilman Pritchard and Mayor Taylor Mr. Musso stated that in this connection the Planning Commission had instructed the staff to investigate and consult with the Park District to set forth some minimum standards for park development. * * * CM-24-268 August 16, 1971 The summary of action taken at the Planning Commission meeting of August 10 was submitted. Mayor pro tempore Miller requested that the approval of a CUP for the use of an existing service station at 175 No. L street be appealed for consideration at the next meeting. Mayor pro tempore Miller made a motion to appeal the approval of CUP, seconded by Councilman Beebe, approved unanimously. * * * SUMMARY OF ACTION PLANNING COMMISSION (Appeal re Service Station, 175 No.L) the The Board of Supervisors, through direction to Herbert G. Crowle, Director of Public Works and Road Commissioner, has replied to the City's re- quest that the Board proceed immediately with the reconstruction of North Livermore Avenue from Portola Avenue to U.S. 580 so that the work could be carried on while North Livermore Avenue continues to be closed to through traffic due to the present work on the freeway. REPORT RE NO. LIVERMORE AVE. IMPROVEMENT The City Manager stated that the County contends that the length of time necessary for the reconstruction would be considerably longer than that period North Livermore Avenue will be closed in connection with the freeway work. Their suggestion is that if the City feels that North Livermore Avenue improvement is criti- cal, it should be discussed entering into a joint improvement project with the County. This might be the proper thing to do, but there are other improvements for joint participation which might be reviewed and placed according to priority. Mayor pro tempore Miller said two suggestions to reduce the de- tour had been made, one to reconstruct North Livermore Avenue from Portola Avenue to the interchange and the second one was through Las Positas. The City Manager advised that the County will reconstruct the bridge across the arroyo to minimize the inconvenience later. Councilman Silva said this section of North Livermore Avenue would be heavily used because it would be the major entry off the freeway, and he felt the staff should be instructed to meet with the County now rather than to wait until the priorities can be set. Mayor pro tempore Miller said he felt the priorities should be reviewed as other accesses are necessary also. Councilman Silva made a motion to make North Livermore Avenue reconstruction the first priority; motion seconded by Councilman Beebe~ passed by the following vote: AYES: Councilmen Beebe and Silva NOES: Councilman Miller ABSENT: Councilman Pritchard and Mayor Taylor * * * The City Manager stated that the prime appli- cant has not yet indicated a final decision, and properties to the north and south have not executed annexation agreements in regard to the proposed East Avenue Annex No. 10. There is very little to be gained by having an annexation agreement executed with the exception of having an understanding about various public works installations. As to the payment of fees, the absence of an annexation agreement does not necessarily cause any difficulty. Mr. Parness stated that the City Attorney has advised that the ordinance be introduced, as this must be within PROPOSED ORDINANCE RE EAST AVENUE ANNEX NO. 10 CM-24-269 August 16, 1971 (East Avenue Annex No. 10) sixty days after the conduct of the public hearing, and during the interim period these agreements may be executed. Mayor pro tempore Miller said he was against annexation where agree- ments have not been signed. On motion of Councilman Beebe, seconded by Councilman Silva, the proposed ordinance for annexation of the property included in East Avenue Annex No. 10 was introduced and the first reading of the ordi- nance waived by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Silva and Miller None Councilman Pritchard and Mayor Taylor PROPOSED ORDINANCE SECTIONS 12.23 and 14.24 (utilities Taxes and Soli- citors) * * * Some amendments to the Municipal Code are necessary in Section 12.23 to provide that utilities are not taxed in excess of merchants, manufacturers and busi- ness corporations, and also some minor changes in the requirements for solicitors are to be made in Sec. 14.24. On motion of Councilman Silva, seconded by Council- man Beebe, the proposed ordinance regarding municipal code amendments to Sections 12.23 and 14.24 were introduced and the first reading waived by the following vote: AYES: Councilmen Beebe~ Silva and Miller NOES: None ABSENT: Councilman Pritchard and Mayor Taylor MATTERS INITIATED BY COUNCILMEN (Truck Route) up the right of Vineyard Avenue * * * Councilman Beebe reported that at the meeting of the Sand and Gravel Committee in Pleasanton a route is being worked out whereby the gravel trucks will not travel on the main streets. In this connection they felt it would be beneficial if the City Council could push the Highway Advisory Committee to firm way on Isabel Avenue freeway at least from US 580 to in order to get the truck traffic off the City streets. The staff was instructed to contact the Highway Advisory Committee in this regard. Ray Faltings, 1018 Via Granada, asked that efforts be made in this regard so that heavy traffic would be removed from Holmes Street. * * * (Bridge-Arroyo Rd Mayor pro tempore Miller inquired about restrictions Pedestrian Path) against bicycles on the Arroyo Mocho Bridge. Assist- ant City Engineer Robert Yee stated he had been in contact with the County about this, and due to some near accidents on the bridge it was felt that it would be safer for bicycles to use the pathway. (Proposed ZO Amendment) * * * Mayor pro tempore Miller referred to discussion re- garding the landscape buffer for commercial develop- ment in connection with PUD 15, and made a motion the Planning Commission to consider the placement of buffers with tree screening adjacent to shopping centers to request landscaped CM-24-270 as an ordinance amendment, and also the addi- tion of amenities such as drinking fountains, benches or other seating, etc. for the shoppers convenience. The motion was seconded by Coun- cilman Beebe. August 16, 1971 (Landscaped Buffer) Robert Allen, 223 Donner Street, felt this might be for the benefit of the public and could be provided by park dedication. The motion was approved unanimously. * * * There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. ADJOURNMENT * * * APPROVE ~ ~1?1::j ~.. C . .Clerk Li er re, Callfornla ATTEST * * * Regular Meeting of August 23, 1971 A regular meeting of the City Council was held on August 23, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva Miller and Mayor Taylor RO LL CALL ABSENT: None * * * Mayor Taylor led the members of the City Coun- cil and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * The minutes of the meeting of August 9, 1971 MINUTES were approved as amended on motion of Council- man Beebe, seconded by Councilman Miller~ and by unanimous approval. (Mayor Taylor abstained) * * * Mary Salbeck, 1678 Alvarado Court, approached OPEN FORUM ~ the Council for some backing against the appli- (Service Station cation of Mr. Lounsbury for a service station Lounsbury) on Portola Avenue. Mrs. Salbeck was concerned with the fact that the towing service would mean that the wrecking yard would be perpetuated, and she had been opposed to the junk yard previously. Mrs. Salbeck was aware that this property was in the County, and she stated her intent to attend the meeting of the Alameda County Board of Supervisors on September 15, to present her disapproval of this application. CM-24-271 August 23, 1971 (Service Station Lounsbury) Mayor Taylor advised that the Planning Commission had voted unanimously to oppose the application inasmuch as these matters are not normally referred to the Council. Councilman Miller made a motion to adopt essentially the same reso- lution as had been adopted by the Planning Commission and the mo- tion was seconded by Councilman Pritchard and passed unanimously. Traffic Hazard (Pine St. & Murietta Blvd) PUBLIC HEARING REVERSION TO ACREAGE (Property Adjacent to Tract 3222) Communication re Airport Planning Boundaries Acceptance of Tr. 3282 (Hofmann Co.) Tax Rate Fiscal Year 1971-72 Payroll and Claims CM-24-272 * * * Don Thomas, 746 Meadowlark, called attention to a public hazard created on Murietta Blvd. due to the foliage that has been planted in the median strip near Pine Street. The height of the plants obstructs the view, when making a left turn onto Pine Street, of cars coming north. * * * At the request of the City Attorney, the public hear- ing re reversion to acreage of certain property adjacent to Tract 3222 was continued until later in the evening. Later, at the request of Mr. Lewis, a motion was made by Councilman Miller, seconded by Councilman Beebe, and approved unanimously to table the matter until the next meeting, and the Public Hearing was continued. * * * CONSENT CALENDAR A communication was received from the Airport Land Use Commission re postponement of consideration of our municipal airport planning boundaries to Sept. 15, 1971, to allow additional time for Pleasanton to consider the location and implications of the planning boundaries and to make a fully considered recommendation to the Commission. * * * The public works improvements on Tract 3282 having been completed in accordance with the approved plans and City specifications, it is recommended that the tract be accepted by the City for permanent maintenance. RESOLUTION NO. 98-71 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TR. 3282 (Hofmann Land Development Co.) * * * Final assessed valuations have been received from the County Auditor, and the tax rate has been set for the fiscal year 1971-72. RESOLUTION NO. 99-71 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR 1971-72. * * * Eighty-three claims in the amount of $32,115.20, dated August 20, and two hundred thirty-six payroll warrants in the amount of $57,376.43 dated August 13, 1971 were ordered paid as approved by the City Manager. * * * August 23, 1971 On motion of Councilman Silva, seconded by Councilman Pritchard, the items on the Consent Calendar were approved unanimously. Approval of Consent Calendar * * * The Public Works Director explained that in re- REPORT RE NANCY ply to the City's inquiry re the difficult access STREET CLOSURE onto Nancy Street from Stanley Blvd., the County Director of Public Works made two suggestions: (1) to widen the section of Stanley Blvd. on each side of Nancy Street where it is now constricted to 88 feet of right-of-way width, which would allow four lanes of travel, the median lane would be wide enough to allow left turn traffic onto Nancy Street, would allow two parking lanes as well as ten feet from curb to property line on each side. In addition, the second possibility would be to make a connection through from Anna Maria to El Caminito and he suggested two locations - Karen Way or Sonoma Drive. Mr. Lee advised that the first suggestion was investigated and it would require the acquisition of the backs of ten lots and would, in one instance, encroach on a house that exists as the back lots range from 13 to 35 feet. The improvements would amount to $35,000. An estimate was not developed for the right of way. The second suggestion was considered and the connection to Karen Way or Sonoma Drive was not considered to be proper because it would create 4-way intersections. It should be half way between Sonoma Drive and Karen Way and would consist of taking two existing homes and their lots and construction of a roadway and bridge across the channel between the two streets and the estimate was approximately $110,000. This would improve the access; however it would not be substantially better than the Murdell Lane access that is being planned at present. Alternate three suggested by Councilman Miller, that the parking be eliminated on Stanley Blvd. through that section~ is a workable one through the City's standpoint, however this is not satisfactory to Alameda County because it violates the standards for the feder- ally assisted projects. If modifications were made in the medians to accommodate this third alternative, it would cost $8,700 to make the necessary modifications. Councilman Miller questioned the amount of federal funding and felt there was a lack of cooperation from the County and suggested that the Bureau of Public Roads be contacted with regard to his suggestion. Mr. Parness stated that he did not feel this would be proper inasmuch as the Bureau of Public Roads works directly with the County and not the City, especially since the City did agree to the closure of Nancy Street and would cause irreparable damage in future negotiations with the County on other road projects in the area. Councilman Silva asked what the reaction of the County would be if the City would request the third alternative, and Mr. Lee advised that it would be rejected. Councilman Silva made a mo- tion that the County be asked to adopt the proposal for the change with the reason for reversing the previous Council's decision, and the motion was seconded by Councilman Beebe and approved unanimously. Verle Gilson, 424 Virginia Drive, referred to a map which indi- cated the accesses into the area, and asked the Council to con- sider the time it would take for an ambulance or a fire truck to locate the source. Robert Allen, 223 Donner Avenue, suggested that the City attempt to obtain an easement from the Southern Pacific Railroad to widen Stanley Blvd. on the railroad side. CM-24-273 August 23, 1971 Councilman Miller commented that these matters come before the Council on a routine basis and not as a public hearing, so that the persons in the area are not aware of the effects of major street reconstruction and placement of medians and questions of access and suggested it might be useful to send out notices of an informal public hearing. (Nancy Street Closure) Mayor Taylor agreed it would be a good thing, but stated that the point is the City should not have allowed a street that long to be built, but the developer objected to the cost of crossing the channel, even with a pedestrian walkway for the school children; this should have been overruled. Kenneth Lee, 303 Jillana, pointed out that no one parks along Stanley Blvd. anyway, and it would be the least expensive method. He felt that any of the alternatives would be warranted except for the cost. Mr. Lee questioned the Murdell Lane access and asked if it was permanent, however Mr. Parness informed him it is to be used only until October 1973 at which time Murdell Lane is to be relocated. Mr. Lee felt that Nancy Street is the main entrance to the area especially since there is a gateway there. Councilman Miller suggested that Mr. Lee and the other people in the area contact the County officials and County Supervisor Murphy. Mr. Lee suggested that notice of public hearings be sent to people other than those within the required 300 foot area; he felt the area to notice should be expanded. * * * ANNEXATION REQUEST - Cornett Realty ~n annexation request was received from the Cornett Realty, Inc. for an area on the north side of Northfront Road at the Greenville interchange. This matter was postponed at the applicant's re- quest, due to the absence of two Councilmen at the last regular meeting. An excerpt of the minutes of the pre- vious meeting had been submitted to the Councilmen. Mr. James Cornett, 177 Front Street, Suite G, Danville, explained he had requested that his application for annexation be continued in order that he might have the views of the full Council. Mr. Cor- nett stated that all of the areas that he has been involved in, any City or County, tries to grow and bring in entities that result in a higher tax base than single family dwellings. He is offering a piece of property that will open up over a mile of commercial property, and bring in water and the necessary sewers. Mr. Cornett stated he could not understand the recommendation which indicated there is no compelling public need; on the other hand Livermore is not a country town any more, but rather the gateway to the San Francisco area and asked how the Council thought it could stop the growth of this~ea and why they felt the annexation was not needed at this point when the City is crying for funds to subsidize the schools. Mayor Taylor stated that the applicant wants apartments, some single family and commercial, however the Council has already approved an area right at the interchange for highway commercial, and a long stretch of commercial on the north side of US 580 - almost three- fourths of a mile, and the property owners have already come to- gether to agree on an assessment district to extend the sewer line. He agreed with the City Manager that this represents a leapfrog development of the kind that has caused a lot of problems in the past. Although it is true that there would be additional taxes from apartments, it would also be an extreme burden on the City to ex- tend services to that area and an extreme burden on the school dis- trict to bus the children to the schools. Councilman Beebe felt it was premature for development as proposed, but not for industrial use. CM-24-274 August 23, 1971 Councilman Pritchard agreed with the comments of Mayor Taylor and Councilman Beebe, because having lived in Springtown for three years, he is firmly convinced it was a premature~ leap- frog development as they suffer from the lack of city services even now. Most of the children must be bused to schools; it is difficult for the policemen to patrol the area. He also felt the Wagoner Farms area was premature. Councilman Pritchard agreed it would be a good place for highway commercial there, as well as at the interchange, but not for any residential use at this time. (Annexation Request Cornett Realty) Councilman Miller made a motion to accept the City Manager's re- commendation to deny the request for annexation. The motion was seconded by Councilman Pritchard, and approved unanimously. Councilman Silva stated, for the record, that the Council feels that commercial development along Frontage Road is not premature. Councilman Silva did feel that industrial might be premature; however Councilman Miller felt annexation should not be encouraged at this time inasmuch as the General Plan indicated residential use. * * * The Planning Director explained that this was an unusual application inasmuch as there is a pre-existing automobile service station struc- ture on the property. The service station was terminated and then became a retail use for the sale and installation of tires. That use terminated and the applicants wish to reestablish as an automobile service station. They would like to have a trial period to get started in the business and later submit a plan for the redevelopment of the station. The Planning Commission approved the use for a period of time - 120 days. They have an idea what the applicant proposes as far as design, and the applicants are to submit a site plan within 60 days. There is no approval yet for a freestanding sign, only signs conforming to the ordinance and temporary signs~ as allowed for grand opening purposes, for thirty days. The only complication with the action is the question of what happens at the end of 120 days if the applicant should decide not to file a plan or redevelop the station; the City would be in the posi- tion of having to terminate the business. The Planning Commis- sion recommended approval of the temporary use. APPEAL RE CUP (Service Station - 175-187 No. L St.) Councilman Silva made a motion to approve the recommendation of the Planning Commission, seconded by Councilman Beebe. Councilman Miller stated that his reason for appealing the Plan- ning Commission's action was the fact that there are an excessive number of gas stations in the community and even the best ones are relatively unattractive and are a blight on the adjacent properties. It is generally conceded by planning and zoning people in the whole country that gas stations are an economic detriment to the properties in the general area, and in Livermore are a detriment to the City as a whole because there are so many of them. It has been a complaint of the people for many years; there are forty gas stations in the City now; there is no economic need in the community as a whole for another gas station and it is easy to make the fingings for denial. In this particular in- stance the site is too small for a gas station; there will be adverse effects on adjacent properties. The time has come not to approve every application for a gas station that carnes before the Council; they can improve the economical health of the down- town by not having so many detrimental uses~ of which this is the primary kind; they should deny the temporary use for 120 days, and in fact deny the application altogether. Councilman Beebe agreed with Councilman Miller that there are too many stations, however at the present time the structure, CM-24-275 August 23, 1971 (Appeal re CUP Service Station) even though it is not used as a gas station, has the appearance of one. After 120 days it will be remodeled into a new structure and the new gas stations are a vast improvement over the old ones, and it would add to the area. Councilman Silva disagreed by stating it would never be revamped into a major type of serv,ice station; it would be improved but that is all. The Council discussed the possibilities of what might happen at the end of the 120 day period should the applicant choose not to re- develop the station, and asked the City Attorney for an opinion regarding the length of time it would take to terminate the use. Mr. Lewis advised as soon as the temporary use expired, there is the possibility of a nuisance existing, and it could be abated under fairly prompt civil proceedings, or possibly criminal pro- ceedings. Mayor Taylor asked if it was possible, in addition to the CUP, to make a separate contract between the City and the applicant wherein he would agree to abate the use. Mr. Lewis advised that if there were something posted in the way of a guarantee that would provide for the removal, it might be done by contract, but as far as estab- lishing the removal conditions, it could be done by a permit or' by the posting of a bond. Councilman Silva amended his motion to include the posting of a bond sufficient to perform all the necessary improvements and to meet the conditions outlined by the Planning Commission for recon- struction. The motion to amend was seconded by Councilman Pritchard. Mr. Lewis advised there should be an engineer's estimate for the amount necessary for the construction and set the bond for that amount, guaranteeing the faithful performance of the work. Mr. Lewis stated that the City Engineer has remarked this is private property and, therefore, the consent of the applicant to do this work should be included in the permit. Mayor Taylor said he agreed there were too many gas stations in town, and this station is an example of old fashioned, outdated service stations which had incurred the wrath of many people against them. He foresaw this old building being used for many years in marginal uses. In this particular case the City is better off getting a use which will improve the building. He agreed with the Planning Commission. Councilman Miller inquired what kind of bond would be required. Mr. Lewis said this would have to be determined later. One type of security to be considered might be a letter of credit with a bank whereby there would not be the legal problems involved with going through a bonding company. Mayor Taylor stated the aim is to have a guarantee that if the City and the applicant cannot agree on the modernization and it is not completed, the City should have some protection. Mr. Lewis stated that the demolition of the building would be to the long range ad- vantage of the City if it is not improved. The staff might talk to the applicant to see what can be worked out. The motion to amend the main motion requiring a bond or some kind of condition whereby the City will be protected in the event the improvements are not made was approved unanimously. Brad Hurst, Valley Realty, representing the applicant, presented a rendering of the improvements planned and a picture of the building in question. He requested that the Council approve the Planning Commission's recommendation. CM-24-276 August 23, 1971 Councilman Silva made a motion, seconded by Councilman Beebe, to table the consideration of this matter in order for the staff to meet with the applicant to determine some method of guaranteeing that the improvements will be table was approved unanimously. (Appeal re CUP Service Station) made; motion to * * * The Planning Director reported that the consi- deration of the appeal regarding a CUP for the Apostolic Faith Temple was postponed from the meeting of July 19 to allow the applicant to work out some alternative to the site. The applicant has done so, and the proposed site is better in respect to parking and the access problem and helps solve some of the problems with the de- velopment of adjacent landlocked property. APPEAL RE CUP - (Apostolic Faith Temple) Councilman Silva made a motion, seconded by Councilman Miller, to refer this matter back to the Planning Commission for a public hearing and their review and recommendation; motion passed unan- imously. Rev. Charles Hill, 346 Robert Way, the applicant, said he did not understand why this was being referred back to the Planning Com- mission. Mayor Taylor said the Council wished the opinion of the Commission as this is a new design and different piece of property. The decision by the Commission would be final, unless appealed again. A motion was made by Councilman Silva, seconded by Councilman Beebe, to waive the $200 fee for the application, and passed unanimously. * * * Preliminary information has been gathered re- garding potential park sites in the vicinity of Olivina Avenue. An appraisal has been ob- tained on the land, and a comparison of the two sites in regard to development has been made. There is roughly $9,000 to $10,000 in park dedication monies available, and there is an estimated $18,000 coming from the remaining undeveloped land. The Dogwood site only has about 40 feet of curbing and sidewalk to be constructed but the City would have to participate in the complete public works improvements for the Mariposa site. The Mariposa site is estimated to cost $33,500 and the Dogwood site of comparable area would be $31,800. There are about twenty trees on the Dogwood site. REPORT RE WESTERN PARK SITE LOCATION Mayor Taylor pointed out it was his understanding that the LARPD has stated they will not accept a 2-acre park in this area for maintenance, and if the Council purchases this land it will become the responsibility of the City. The matter facing the Council seemed to be a matter of policy - whether the City will build a park, what kind of park it will be, and if the City will be res- ponsible for the park maintenance in perpetuity. Councilman Pritchard made a motion, seconded by Councilman Silva, to table the matter until action is determined on the application by Apostolic Faith Temple. The motion to table was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, and Silva Councilman Miller and Mayor Taylor Mrs. Marion Stelts, 547 Nightingale Street~ told the Council that this item was presented in open forum around the first of April, CM-24-277 August 23, 1971 (Western Park Site Location) and was presented to the Planning Department be- fore the application for the church. The neigh- borhood wanted a play lot for their children, and the people around the Dogwood site would offer their labor both in the development and maintenance of this piece of land, including the use of heavy equipment for levelling the land. Councilman Miller felt that the point about who was first in these two matters was a good one, and he, therefore, made a motion to untable the matter, but there was no second. Councilman Pritchard said the difference is that one of the appli- cations is by the property owner, not by other property owners in the area, and although he agreed with many of the points for loca- tion of the park here, he felt any property owner deserves first consideration. Councilman Miller felt the property owner should be forewarned that his property might be condemned if the Council feels there should be a park here, and this should be discussed now. Mayor Taylor felt the policy regarding small parks should be decided as the money would come from the park fund; this is a major policy change and should be discussed regardless of the merits of these two sites. Councilman Silva felt the Council had already gone on record as favoring a small park in this area and Mayor Taylor stated there had been no formal action. Mrs. Stelts said the Planning Commission had gone on record as fa- voring the Dogwood site for a park. Mayor Taylor said that they had looked at it from a planning point of view and agreed a park site would be nice. Mrs. Stelts referred to cooperation by the neighborhood children in cleaning the property of weeds and trash, and they would continue to do so if the park land is obtained. Mayor Taylor asked that a report be prepared regarding the mainte- nance of the property and related matters to be included on the agenda for consideration at an early date. Councilman Silva suggested that the Council consider policy regard- ing development and maintenance of mini-parks, and even perhaps larger parks. LAS POSITAS CLUBHOUSE ENTRANCE BIDS REPORT RE AMENDMENTS Sec. 20.00 re Width & Bldg. Lines-Stanley Blvd. & 1st St. * * * The report regarding bids for the construction work for the Las Positas Clubhouse entrance was continued for two weeks at the request of the City Manager on motion of Councilman Silva, seconded by Councilman Beebe, and by unanimous approval. * * * Councilman Miller made a motion, seconded by Coun- cilman Beebe, to set the consideration of possible amendment of Section 20.00 (General Provisions) of the Zoning Ordinance to establish future width and special building lines on Stanley Blvd. and First Street for public hearing on October 4. Councilman Silva felt it might not be advisable to set width lines for First Street at this time as there is the possibility First Street might become a collector street rather than a major street, and future planning should be considered. CM-24-278 * * * August 23, 1971 A motion was made by Councilman Pritchard, se- conded by Councilman Beebe, to waive the second reading of the following ordinance, and by unan- imous vote the ordinance was adopted. ORDINANCE RE MUNICIPAL CODE AMENDMENT (Sec. 12.23 & 14.24) ORDINANCE NO. 756 AN ORDINANCE AMENDING SECTION 12.23, RELATING TO LICENSE TAXES BASED ON GROSS RECEIPTS OF CHAPTER 12, RELATING TO BUSINESS LICENSES, BY THE AMENDM'ENT OF THAT PARAGRAPH ENTITLED "CLASSIFICA- TION 'D' UTILITIES" OF SAID SECTION, AND AMENDING SECTION 14.24, RELATING TO SOLICITORS, OF CHAPTER 14, RELATING TO MISOELLANEOUS OFFENSES, OF THE LIVERMORE CITY CODE, 1959. * * * The City Attorney advised that he had just been notified by the applicants regarding the proposed East Avenue Annex No. 10~ that due to difficul- ties in obtaining the consent of all the land- owners involved, they have decided not to pursue the matter. The applicants understand that if action is not taken by the Council at this time the annexation will be deemed disapproved. PROPOSED ORDINANCE RE EAST AVE. ANNEX NO. 10 (Second Reading) * * * Councilman Miller inquired about Item H (d) re- PROPOSED ORDINANCE garding the requirement for an improved channel. RE PUD (Sec. 19.00) He felt the word improved should be deleted as the Planning Commission has considered using natural rather than improved channels. The Planning Director said the policy of the City is to take the natural channel and to give density credit for everything beyond an improved channel. Councilman Miller did not think "improved" should be included and moved that this be deleted from the proposed ordinance; motion was seconded by Councilman Silva and passed unanimously. Councilman Miller inquired about Item H (c) regarding right-of-way for use of utilities. The major power lines that go through the City have easements, and he did not feel they should have density credit. The item refers to exclusive use and he was not clear whether this was an exclusive use. The Public Works Director said if there is an easement it is not considered an exclusive use. Councilman Miller felt it should be defined as right-of-way ease- ments and rights-of-way, and in this case felt the word "exclusive" should be deleted. If density credit is given~ the easements will be included in lots. Only limited uses are allowed in these ease- ments. Councilman Miller made a motion to change Item H (c) to read, "Any major right-of-way for the use of utilities or similar uses." There was no second to the motion. Mayor Taylor felt that since this would be a major policy change, an amendment should be considered at a later date. The Planning Director explained the effect of the adoption of the ordinance in regard to Planned Development; it would in effect grant a customized zoning district adopted by ordinance rather than by a permit. Councilman Silva made a motion, seconded by Councilman Pritchard, to introduce the Zoning Ordinance amendment to Section 19.00 (Planned Development) and to waive the first reading of the pro- posed ordinance, and passed unanimously. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the proposed Zoning Ordinance amendment for PUD No. 15 was introduced (title read only). PROPOSED ZO AMENDMENT - (PUD No. 15) * * * CM-24-279 August 23, 1971 MATTERS INITIATED BY STAFF Mr. Lewis referred to a matter previously dis- (Gas Station} cussed regarding the gas station on L Street as he had had an opportunity to d~scuss the matter with Mr. Hurst, and felt he understood their in- tention and could now make a recommendation to the Council. Within 60 days the applicants will decide what they intend to do on a permanent basis and submit a plan for the improvement of the service station in compliance with their application. With regard to the bond, it would depend on what is approved by de- sign review and it is not possible to say what the cost will be until improvement requirements are decided. Upon completion of the review and approval, if they decide to go ahead, they will be agreeable to putting up a performance bond or if they can obtain one, a letter of credit, and all will be completed within 120 days. The Council discussed their views in this regard and Mayor Taylor stated that what the Council wants is that before they allow the use to commence, they want some assurance in addition to possible revocation of the permit; in other words, some leverage to termi- nate the use if they do not go ahead with the improvements. Mr. Hurst stated it was their intention to submit plans within 60 days, have the improvements completed within 120 days, and it is their intent to operate during that period. Mayor Taylor stated that was the point, before they would allow the operation to begin, the Council wanted more leverage than just cancelling the permit. Mr. Hurst asked if the temporary use could be approved subject to recommendation that a cash bond or performance bond would be re- ceived. Councilman Silva made a motion to remove the matter from the table, seconded by Councilman Beebe, and passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor Councilman Silva made a motion to approve the application contingent upon approval of the City Manager as far as performance surety. If this bond cannot be worked out, then the permit will not be issued. The motion was seconded by Councilman Beebe. Councilman Miller commented that the Council should have the oppor- tunity to see what has been negotiated so there will be no misunder- standing; stating that if a gas station is allowed here it will always be a gas station, and urged once again that the Planning Com- mission's recommendation be denied and the whole permit be denied. A motion was made by Councilman Silva, seconded by Councilman Pritchard, calling for the question, and passed unanimously. The vote was then taken on the main motion to approve the Planning Commission's recommendation subject to performance bond or surety being worked out and the motion passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller * * * Street Trees (Claims) Mr. Lewis stated that the City has 45 days to act on the claims regarding street trees from the time of filing. He has reviewed carefully the claims and asked for supplemental information because, in opinion, the claims were not clear. They did not indicate when damage occurred and to what, whether it was a sidewalk or drain. his the CM-24-280 August 23, 1971 Mr. Lewis recommended that the Council adopt (Claims) two resolutions - one, directing the City Clerk not to file all claims which either indicate that the damage arose more than one year prior to the filing of the claim or contain insufficient information so that determina- tion can be made. The second resolution is that the Clerk be directed to file those claims where it does appear the claim was filed within one year of the alleged damage~ but that this Coun- cil deny those claims on the basis of no legal liability. They will be treated in groups two different ways. On motion of Councilman Pritchard, seconded by Councilman Silva, and by unanimous vote, the following resolutions were passed: RESOLUTION NO. 100-71 A RESOLUTION DIRECTING CLERK NOT TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE. RESOLUTION NO. 101-71 A RESOLUTION DIRECTING CLERK TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE AND DENIAL THEREOF. * * * Councilman Pritchard stated that at the last meeting when he was absent, Tract 3333 was approved and the bicycle trail was put into the freeway right-of-way. It was his under- standing it made no difference to the developer and he felt a more proper place would be outside the freeway of-way, and asked that the Council reconsider the action. MATTERS INITIATED BY COUNCIL (Parkway - Tr.3333) right- The Council discussed the various possibilities which the State might act upon as far as the freeway is concerned, and if there would, in fact, be any savings to the community if the trail was put into the freeway right-of-way. Councilman Pritchard made a motion that this matter be reconsidered, and that it be placed on the agenda for the next meeting, however the motion failed for lack of a second. Councilman Miller made a motion to approve the bicycle path in- side the subdivision, subject to the agreement of the developer, seconded by Councilman Pritchard. Councilman Silva made a motion to call for the question, seconded by Councilman Beebe~ which failed by the following vote: AYES: NOES: Councilmen Silva and Beebe Councilmen Pritchard, Miller and Mayor Taylor Mayor Taylor stated he saw no advantage either way~ the only requirement is that it be developed with the tract. Robert Allen, 223 Donner Avenue, suggested that perhaps if it is inexpensive perhaps the state would put it on both sides of the freeway rather than put tunnels underneath. The motion to place the bicycle path inside the subdivision, subject to the agreement of the developer~ and the motion failed by the following vote: AYES: NOES: Councilmen Pritchard and Miller Councilmen Silva, Beebe, and Mayor Taylor * * * CM-24-281 August 23, 1971 (Various Assembly Bills) Councilman Pritchard asked what action had been taken regarding AB 2946 pertaining to discrimina- tion in planning or zoning, and Mr. Parness stated this only applied to charter cities. Councilman Pritchard also inquired about AB 1735 re railroads as far as assessments are concerned, which will be heard by the local government on September 14. It was felt that this bill should be opposed, and Councilman Miller made a motion to oppose the legis- lation, seconded by Councilman Silva, and it was approved unani- mously. (Expression of Thanks) ADJOURNMENT * * * Mayor Taylor stated he would like to thank Gib Marguth for the time and effort spent in the nego- tiations with the people in the dispute in the K-B subdivision. * * * There being no further business to come before the Council, the meeting adjourned at 10:40 p.m. * * * APPROVE ~ <2--r;,~ ~' /..). ~ay~.r ~~ - CCerk Liverm e, allfornla ATTEST * * * Regular Meeting of September 13, 1971 A regular meeting of the City Council was held on September 13, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Taylor presiding. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES SPECIAL ITEM (Community Picnic) CM-24-282 * * * PRESENT: Councilmen Beebe, Pritchard and Mayor Taylor ABSENT: Councilmen Silva and Miller (Excused absence) * * * Mayor Taylor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * The minutes of the meetings of August 16 and 23, 1971, were approved as submitted on motion ot Councilman Pritchard, seconded by Councilman Beebe, by unanimous vote. * * * The Chairman of the Community Affairs Committee, Walter Griffith, addressed the Council in regard to a com- munity wide picnic which is to be coordinated by the Jaycees. The picnic is scheduled for September 26, 1971, at Del Valle Lake from 9:00 am. to 5:00 p.m. Admission September 13, 1971 will be 501 per person (over 12 years of age). (Community Picnic) Some of the activities include games for the children, a raft race across the lake, a kite flying contest, music and boat races. Mr. Griffith read a pro- clamation proclaiming September 26 as Livermore Picnic Day, and on motion of Councilman Beebe~ seconded by Councilman Pritchard~ the following resolution was adopted unanimously. RESOLUTION NO. 102-71 RESOLUTION PROCLAIMING LIVERMORE CITY PICNIC DAY Mr. Griffith stated there would be an ambulance, a fire truck and one ranger assigned to the Lake for the City's use; the Park Dis- trict has been very cooperative in working out the details. * * * A brief recess was called in order that the RECESS Proclamation might be signed and pictures taken. * * * Robert Allen, 223 Donner Avenue, distributed a OPEN FORUM flyer regarding the Alameda County Land Use Com- (Airport Boundaries) mission which stated the date of the public hear- ing in regard to planning establishment of the boundaries for the Livermore Municipal Airport. He suggested that the Council reconsider their appraisal of the powers of this Com- mission and its effect on the City. The Commission can make re- strictions on the type of buildings, specify the use of land, and determine building standards. He felt that in order to pro- tect the citizens and the airport, the Council should rescind its action of approval and be noncommittal until more is known about the powers and scope of the Commission. * * * Ray Faltings, 1018 Via Granada, spoke in regard to the proposed bus transportation services. He asked if the public would have the opportunity to vote for or against this means of transporta- tion when the survey is completed; secondly, will BART use the funds collected from the Valley to operate the connecting bus lines to the BART facilities, thus allowing the Valley communities to operate the local feeder lines if they so desire; thirdly, if the AC Transit is to provide service, will the Valley area be a separate assessment district or will Valley residents be privileged to pick up the AC Transit deficits for the rest of the Alameda County operations. (Bus Transportation Services) Mayor Taylor stated that if any service is instituted which would require public financing, it would have to be authorized by vote. The BART Board has made a commitment that there will be feeder service, at least on an experimental basis, for a period of six months to a year, starting next summer to determine the demand. Mayor Taylor indicated he could not answer questions in regard to AC Transit because he had not discussed this matter. There would be more study before the matter is brought before the people. The City Manager said a report would be distributed shortly which would cover Mr. Falting's points. As to the matter of AC Transit's participation in the service to the Valley, one of the alternatives open is to have an annexation to the AC District, which would not involve an assumption by the Valley communities of the District's indebtedness. It would mean the division of our Valley as a separate subdivision in the AC District. As to the matter of a vote or voice by the citizens in this regard, this was a very pertinent political question; it would not be mandatory, but the wishes of the people should be assessed. CM-24-283 September 13, 1971 (Re Sidewalk Repair) Mike Burger, 3844 Pestana Way, inquired whether bids have been sent out for repair of sidewalks and what the results were. The Public Works Director stated the inspection of the sidewalks was just about completed, and a status report would be ready for the Council probably next week setting forth a proposed schedule for calling for bids. Mr. Parness stated this would be the next step, and the bids would be revealed publicly. It is hoped that there would be a month during which property owners could make a decision whether to do the work themselves. PUBLIC HEARING RE TRACT 3222 (Property Reversion) * * * The public hearing regarding the proposed reversion of property to acreage in connection with the ex- tension of Theresa Way in Tract 3222 was continued until this meeting. The City Attorney now advises that the matter not proceed, without prejudice to a later request for reversion and the title company concurs. Mayor Taylor inquired if anyone present wished to speak in this regard, but there were no comments made nor were any written com- ments received. Councilman Pritchard made a motion to close the public hearing and to table this matter without prejudice; motion was seconded by Councilman Beebe, and approved unanimously. Report re Crossing Guard Murrieta Blvd. & Olivina Ave. Report re Clubhouse Remodeling Bids Contract Amendment - Traffic Records System Encroachment Permit - YMCA Christmas Tree Sale Report re GAS Tax Allocation CM-24-284 * * * CONSENT CALENDAR A report has been submitted by the City Manager regarding the need for an adult crossing guard at Murrieta Blvd. and Olivina Avenue. It is recom- mended that the assignment of a guard at the sub- ject location be authorized. * * * The report by the City Manager regarding club- house remodeling bids was removed from the Consent Calendar for discussion later in the meeting. * * * At the request of the City Manager discussion of a contract amendment in regard to the Intergovern- mental Cooperation Consolidated Traffic Records System was withdrawn for possible later action. * * * A request has been received for an encroachment permit for the sale of Christmas trees on "Q" Street north of First Street, by the YMCA. It is recommended that a motion be adopted author- izing an encroachment permit issuance subject to the conditions listed by the Public Works Director. * * * The Public Works Director submitted a report re- garding the County gas tax allocation. The pro- posed allocation to the City of Livermore for the 1971-72 fiscal year is $128,443.31. It is September 13, 1971 proposed that the construction of the Airway (Gas Tax Allocation) Blvd. bridge between Interstate 580 and Club- house Road be partially financed under this fund. It is recommended that a motion be adopted approving this program for transmittal to the County. * * * A report has been prepared by the Public Works Director in regard to a proposed underground utility district for First Street, "0" Street to "s" Street, and Second Street from Livermore Avenue to "N" Street, and to request authoriza- tion for street lighting installation on these streets. Report re Proposed Underground Utility District - Second Street The Public Works Director stated that the undergrounp work on First Street has actually been completed, and that authorization only in regard to the street lighting was necessary on First st. The Council discussed briefly the design of the lighting to be installed on Second Street and whether the design approved should be different than that on First Street. The public hearing in regard to the utility district was set for October 26. * * * It is recommended that the City Council author- ize the execution of the cooperative agreement with Alameda County and the City of Pleasanton to participate in a traffic control mapping in- ventory. The total cost of the project is estimated with Livermore's portion to be approximately $8~600, be paid from the Mayor's Formula Gas Tax monies. Traffic Control Mapping Inventory to be $91,000 which will The following resolution was adopted authorizing execution of the agreement: RESOLUTION NO. 103-71 RESOLUTION APPROVING INTENTION TO ENTER INTO JOINT EXERCISE OF POWERS AGREEMENT WITH COUNTY OF ALAMEDA AND CITY OF PLEASANTON REGARDING DEVELOPMENT OF BASE MAP AND TRAFFIC INVENTORY. * * * A report was prepared by the Public Works Di- rector in regard to the status of tracts within the City. * * * A communication was received from the Alameda County Taxpayers Association regarding the financial future of the cities. * * * An information sheet regarding BARTD was re- ceived, listing general interest facts about the district. * * * Report re Tract Status Alameda County Taxpayers Assoc. BARTD CM-24-285 September 13, 1971 Beautification Committee Two members of the Beautification Committee have submitted resignations: Chris Gatrousis and Lloyd Jansen. A communication has been received re- questing that two adults and two high school stu- appointed to the Committee to bring membership to its full Also the minutes of the meeting of July 20 were submitted. dents be number. Minutes - Housing Authority Payroll and Claims Approval of Consent Calendar * * * The minutes of the Housing Authority meeting of July 27, 1971, were acknowledged. * * * One Hundred and seven claims in the amount of $208,075.45 and two hundred forty-eight payroll warrants in the amount of $57,941.35, dated August 27, were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrant No. 483 for his usual reason. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the items on the Consent Calendar were approved. * * * The City Manager stated that the concern of the Cultural Arts Council and Councilman Miller, who is the City Council's representative, is in re- gard to provision of sanitary sewer services to the structure at the Civic Center site which will be the site of the Cultural Arts Festival on October 9 and 10. In the event this service cannot be completed by that date, it is hoped the Council will approve the the use of sanitary toilet fa- cilities to be paid for by the CAC. The LARPD will not accept this site for supervision until there is full compliance with all City code provisions, but if the Council allows the festival in the structure, with provision of sanitary facilities to be in- stalled by other parties, they are agreeable and will provide staff and participate in the affair. This will in no way serve to sanc- tion the facility by their agency until the code is complied with. REPORT RE CULTURAL ARTS FESTIVAL It is recommended that the Council authorize use of the chemical facilities, in the event they are necessary, so that the Festival may be held on the site October 9 and 10, and that the terms ex- pressed by LARPD be observed. Councilman Beebe made a motion, seconded by Councilman Pritchard, to approve the use of the Civic Center site for the festival and use of the temporary sanitary facilities if necessary; motion passed unanimously. REPORT RE EMERGENCY AMBULANCE AGREEMENT * * * The City Manager stated that the agreement presented for consideration by the Council is the culmination of many months of negotiating efforts on the part of our staff in cooperation with the City of Plea- santon and Alameda County. Valley Memorial Hos- pital was also an active participant in the nego- tiations with Allen's Ambulance Service. The three public agencies have concluded a mutually acceptable agreement with Allen's whereby the service would be afforded, by a contractual arrangement, to CM-24-286 September 13~ 1971 the Livermore-Amador community. The contract would be tripartite in nature, whereby one phase would be an arrangement between the three governmental agencies forming a joint exercise of powers arrangement for the service. This contract has been distributed to the Council. Second, there would be a contract between the servicing agent and the Joint Exercise of Powers Agency. Third, there would be a contractual arrangement which will delegate to Alameda County the administration responsibil- ities, and in turn Valley Memorial Hospital would act as the overseer of the entire proposal. (Ambulance Agreement) Basically, the contract calls for a public subsidy of $700 per month from each of the three agencies. The contractee is obli- gated to provide these services on a 24-hour basis with virtual equal service to the three centers. The period of the contract is for five years with an annual review; a detailed financial tabulation must be maintained by the contractee so the respec- tive staffs can closely appraise the expenses and revenue, and in the event the amount of gross revenue as opposed to the amount of gross e~pense exceeds 10%, then the subsidy will be reduced proportionately. It is hoped that this method will work, and it is recommended that this primary contract be executed by the Mayor and also the concurrence and execution of the other two agreements authorized. Councilman Beebe inquired if there was any provision for phasing out this subsidy in the event the population in the Valley becomes large enough to support the service. Mr. Parness said their sur- vey of other communities at first did not reveal any which were subsidizing this type of service, but it has been since determined that some areas are, of necessity, entering into this type of arrangement. Population is a factor because the larger the com- munity the more service required, and is relative to the revenue generated. Therefore, it is hoped to phase out public subsidy of this service, and population generation is one factor. Councilman Beebe also asked if there is assurance that the County of Alameda will concur with this tri-agency contract. Mr. Parness said the County has participated in the discussions, and it is certainly hoped that they will do so if Livermore and Pleasanton concur. Mayor Taylor stated that essentially this will be operated as a utility with 10% profit, but it is not mentioned how profit will be determined. In particular, how fast will capital equipment be written off. Mr. Parness said they were relying heavily on the methods employed by the Internal Revenue Service applicable to this type of business. One of the methods included in the contract which was accepted hesitatingly, is the accrual system of account- ing, and the definition of expenditure and revenue items. Mayor Taylor asked Mr. Parness to briefly describe how the con- tract could be terminated if deemed desirable by the City. Mr. Parness said it is the option of the City Council in the event they are not satisfied, notice can be given. One of the other agencies might pullout, thus forcing the City to do so, or there might be a breech of the contract. The County will be responsible for the audits and will be working closely with Valley Memorial Hospital, who will be in day-to-day contact with the contractee. Mayor Taylor said they are faced with the fact this service cannot be completely self-supporting, and the community demands this service. Councilman Beebe made a motion to adopt the City Manager's recom- mendation to participate in this tri-agency emergency ambulance service for the period specified, and to adopt a resolution for for execution of agreement~ and to authorize the execution of the other two necessary agreements; motion was seconded by Councilman Pritchard, and approved unanimously. CM-24-287 September 13, 1971 Ray Faltings, 1018 Via Granada, said he understood that the contract with Allen's Ambulance now in effect provided for the City to aid in the collec- tion of fees which were unpaid and to guarantee Allen's the amount if the fees were not collectible. He asked if this was a part of the tri-agency agreement. Mayor Taylor said it was his understanding that the new contract provided for the County to aid in collection after Allen's had done all that was possible to make collection, and in the event the fee is proved uncollectible Allen's would be reimbursed for the amount. Mr. Parness said the amount would be charged to the area from which the fee originated, but the effort for collection would be by the County. (Ambulance Agreement) David Madis, attorney for Allen's Ambulance, stated he concurred fully with the statements made by Mr. Parness. The contract will provide quality control of a service; all parties look forward to the time when there will be no necessity for a subsidy. Even at the termination of the contract there will remain many advantages from the organization for updating and improving the services. All the agencies involved have received a great deal of information from the negotiations. Robert Allen, 223 Donner Avenue, stated that he had reason to personally endorse Allen's Ambulance, but he opposed the contract and the whole concept behind it. He did not feel it was the pro- per function of City government to engage in supporting private business, and felt there was no merit in engaging in a subsidy. Perhaps the rates should be raised if the service cannot make a profit. He urged the Council to reject the contract and reject the concept of City backing. Councilman Pritchard stated approval of this contract was contrary to his feelings about private entities being subsidized by govern- ment, however, this is a situation of necessity; perhaps it can be looked upon as a contract with Allen's carrying out the terms of a contract with the City which has been done on other occasions. In the interest of the health and safety of the citizens of Liver- more, he would reluctantly vote for this resolution. Mayor Taylor agreed that there are other cities where this service is provided from general fund taxes. It is clear that without some support that the type of ambulance service necessary could not be provided. The motion was approved unanimously (Councilmen Silva and Miller absent) and the following resolution adopted: RESOLUTION NO. 105-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Allen's Ambulance) Mayor Taylor made a motion to reduce the amount of the interim sub- sidy from $1,000 per month to $700, effective the end of the month or upon execution of this contract, whichever occurs first; motion seconded by Councilman Pritchard, and approved unanimously. * * * REPORT RE BIDS FOR POLICE VEHICLES The City Manager reported that bids had been re- ceived from businesses other than those within our incorporated area as he believed that at least three bids should be received on police vehicles for competitive reasons. The following bids were received and it is apparent Fremont Dodge is the lowest bidder. CM-24-288 4-dr sedans (6) 1972 compact 4-dr(1) 1972 4-dr sta wgn(l) G. E. Dailey $16,7t57.26 2,914.67 3,145.27 John Edgren & Sons 19,9t55.27 3~001.68** September 13, 1971 (Bids-Police Cars) Fremont Codiroli Dodge Ford 14,472.36 17,334.07 No bid 2,926.54 3,315.00 No Bid No bid ** No trade-ins Mr. Parness felt that in reviewing the bids the difference of $2300 or $2400 was too important to discount; secondly, there was the matter of the 12,000 mile warranty and where it would be afforded. If the vehicles are purchased from Fremont Dodge~ the servicing could be done by Edgren Motors in Pleasanton. The last item of consideration was the performance of the vehicles, and the Police Department felt that the Dodge cars were preferable because of safety and need of servicing record and conversion cost items. Therefore, the Police Department and the City Manager con- curred that taking all these points into account~ the purchase of the six 4-door sedans be made from the Fremont Dodge Company. The Council regretted that the cars required could not be pur- chased locally at a similar amount. The problem of selling the old cars through the City rather than trading them in was dis- cussed briefly. It was also recommended that the compact 4-door sedan and the station wagon be purchased from G. E. Dailey. Councilman Pritchard made a motion to award the contract to Fremont Dodge for the six sedans, which was seconded by Coun- cilman Beebe and approved unanimously. Councilman Beebe made a motion that the compact 4-door sedan and the station wagon be purchased from G. E. Dailey; motion was seconded by Councilman Pritchard and approved unanimously. * * * AFTER A BRIEF RECESS THE MEETING WAS RESUMED WITH THE THREE COUNCIL MEMBERS PRESENT. RECESS * * * Due to the fact that there has not been an opportunity to discuss the bids for air condi- tioning for the Las Positas Clubhouse with the architect, the City Manager requested that this matter be continued for one week. REPORT RE AIR CONDITIONING BIDS - (Las Positas Clubhouse) * * * A communication has been received from the Ama- dor-Livermore Valley Historical Society regard- ing the proposed street widening of Olivina Avenue west of Murrieta Blvd. and the trees on the Hagemann property which would be affected. STREET WIDENING OF OLIVINA AVENUE Mr. Parness stated the point raised by the Historical Society is a good one, and the trees in question are under study by the Tree Superintendent for appraisal as to quality, age, health conditions, and to plot them on the street alignment. A more detailed report will be ready in a week or two. * * * CM-24-289 September 13, 1971 AC TRANS IT DISTRICT REPORT ZO AMENDMENTS SEC. 5.00 - RS DISTRICT MINUTES PLANNING COMMISSION A letter has been received from AC Transit re- garding implementation and progress of a study of the transit needs for Contra Costa County and offering their help in a similar study of our needs. * * * The discussion of the possible Zoning Ordinance amendments for Section 5.00 - RS District - was postponed to this meeting, but on the motion of Councilman Pritchard, seconded by Councilman Beebe, further postponed, by unanimous approval, until a full Council is present (October 12). * * * The minutes of the Planning Commission meetings of August 24 and 31, 1971, were noted for filing. The Planning Director pointed out that an appeal has been filed in regard to the front yard swimming pool and fence. Mayor Taylor commented on the commercial zoning application for property in the County near the Civic Center site. Mr. Musso stated this would be followed up at the Board of Supervisors meeting. ORDINANCE RE ZO AMENDMENT - PUD NO. 15 AYES: NOES: ABSENT: * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, the second reading of the Zoning Ordinance amendment for PUD No. 15 was waived and by the following vote the ordinance was adopted: Councilmen Beebe, Pritchard and Mayor Taylor None Councilmen Silva and Miller ORDINANCE RE ZO AMENDMENT PUD PERMITS ORDINANCE NO. 758 AN ORDINANCE ADOPTING REGULATIONS FOR PLANNED UNIT DISTRICT NO. 15 * * * ORDINANCE NO. 757 AN ORDINANCE AMENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS AMENDED, RELATING TO ZONING, BY THE AMENDMENT OF SECTION 19.00, RE- LATING TO P.D. PLANNED DEVELOPMENT DISTRICT. On motion of Councilman Pritchard, seconded by Councilman Beebe, the second reading of the above ordinance was waived and by the following vote the ordinance was adopted: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard, and Mayor Taylor None Councilmen Silva and Miller REPORT RE CLUBHOUSE BIDS designed with ed. The City it to achieve CM-24-290 * * * The City Manager stated that originally the plans called for a ramp device for the entrance to the clubhouse, but the bids received were considerably more than estimated. The entrance has been re- the mounding eliminated and poles or posts substitut- might later be able to fill in this area and landscape the same general design theme. September 13, 1971 A motion was made by Councilman Pritchard, se- (Clubhouse Bids) conded by Councilman Beebe, to adopt the follow- ing resolution to reject the original bids and to readvertise for bids on the revised design. Motion was approved unanimously. RESOLUTION NO. 104-71 RESOLUTION REJECTING ALL BIDS FOR PROPOSED CONSTRUCTION OF GOLF COURSE CLUBHOUSE ENTRANCEWAY & EXIT: PROVIDING FOR READVERTISEMENT UNDER MODIFIED PLANS AND SPECIFICATIONS. * * * The Planning Director reported that the applica- tion by Greenview Swim and Racquet Club had been reviewed by the County. The Health Department stated that for a limited use for a limited time a septic tank would be all right and that the facilities should connect to a public sewer when it is within 200 feet. This should be fairly soon with development of the subdivision to the west. In regard to the extension of Concannon Blvd., the County made no requirements for the public works improvements to be installed. He asked the Council if they wished to appeal this to the Board of Supervisors. MATTERS INITIATED BY STAFF (Greenview Swim Club Sewer Connection) Mayor Taylor stated that allowing a septic tank across from other development was not good planning. If the septic tank is allowed~ then the Club would not have to sign a sewer connection agreement with the City. The street (Concannon Blvd.) should be provided for, also, as it would have to be extended. Councilman Pritchard said it was his understanding that the pro- blem is that due to the large amount of area required to be covered for the courts a very high assessment was computed under the City's formula for storm drains. Mayor Taylor felt the City should protest on the basis of allowance of septic tank development at the edge of the City. If a permit is granted by the County it should be under the condition that a sewer connection agreement will be signed when the sewer comes within a specified distance. It should also be made clear to the County that the City requires the street to be built at such time as needed. Councilman Pritchard suggested that the applicant and the City meet to try to reach an agreement. On motion of Councilman Pritchard~ seconded by Councilman Beebe, it was agreed that if time permitted this matter would be continued for one week; otherwise, an appeal would be directed to the County, but in any case the staff was di- rected to meet with the applicant to try to resolve this matter. The motion passed unanimously. * * * The City Manager reported on the application of the City to participate in a federal program (Emergency Employment Act) for employment oppor- tunities for citizens. Our County and four cities have been allocated in excess of a million dollars. The program agent for cities less than 75,000 is the County, and one-half this money has been designated to the cities by the County. The priority listings for employment include population, minority totals, welfare recipients and war veterans. Based on this formula Livermore would qualify for three employment slots in an amount of approximately $20,000; $2,200 would have to be afforded by the City but this could be in-kind services. It is recommended that the Council authorize participation in this (Emergency Employment Act) CM-24-291 September 13, 1971 (Emergency Employment Act) program. The details are not definite yet, but we will be allowed to employ about three people with funds from the federal government. The idea is to allow people to get on-the-job or in-service training. Councilman Pritchard made a motion, seconded by Councilman Beebe, to sanction the participation of the City in this program, and it was approved unanimously. MATTERS INITIATED BY COUNCILMEN (Stanley Blvd) (Parking - So. "I" st.) (Police Department) * * * Councilman Beebe asked that the County be contacted about including a bicycle-pedestrian path along Stanley Blvd. when improvements are made to the Shadow Cliff Park. * * * Councilman Beebe inquired about the "no-parking" limit at the "I" Street parking lot. He felt there should be a time limit to allow people parking for use of the Post Office. The Public Works Director was asked to check on this. * * * Councilman Beebe inquired if the Police Department was short of needed personnel. The City Manager reported that this matter is studied in detail each year, and the demands and financial ability of the City are used to make recommendations for personnel. The City could use several, perhaps 20 or 25, additional officers, but other factors must be considered. Recommendations were made and accepted by the Council, but additional men does not mean a decrease in crime. The citizens are not shortchanged but have adequate police protec- tion as evidenced by our standing with other cities. There are two vacancies now for which testing is being done and which should be filled by next month. (Beautification Committee) * * * Councilman Pritchard asked that the press bring to the attention of the citizenry that there are openings on the Beautification Committee. The staff was directed to write a letter of thanks for service by the two members who are resigning (Gatrousis and Jansen). After further discussion the staff was directed to ask the school district staff to notify the high schools regarding representatives for the committee. (Welfare Task Force) * * * Mayor Taylor said he had received a letter from Marie Schweikert, who is the City's representative to the Welfare Task Force Committee, stating that a report was made on September 7. He asked that the County be contacted about getting a copy of this report, and when public discussion of the report will be held. (Congratulations to Sister City) CM-24-292 * * * Mayor Taylor referred to the celebration by Quezaltenango of their 150th Anniversary of liberation from Spanish rule, and made a motion to send a resolution of greetings and congratu- lations; motion seconded by Councilman Beebe, and approved unanimously. RESOLUTION NO. 106-71 GREETINGS AND CONGRATULATIONS ON 150th ANNIVERSARY OF LIBERATION TO QUEZALTENANGO. * * * September 13, 1971 (Congratulations to Sister City) There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 10:10 p.m. to an executive session to discuss appoint- ments to the Housing Authority. * * * APPROVE ~ ~ . , 1 ATTESTl~~~ * * * i Regular Meeting of September 20, 1971 A regular meeting of the City Council was held on September 20, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was calledto order at 8:07 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Silva~ Miller and Mayor Taylor ABSENT: Councilman Pritchard * * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Alle- giance. * * * The minutes of the meeting of September 13, 1971, were approved as submitted, on motion of Councilman Beebe, seconded by Mayor Taylor, and by unanimous vote. * * * An opportunity was given for any member of the audience to address the Council on any subject not on the agenda, however no comments were made. * * * CONSENT CALENDAR Departmental reports were submitted as follows: Airport - Financial and Activity - August Building Activity - August Fire Department - August Golf Course - August ROLL CALL PLEDGE OF ALLEGIANCE MINUTES o PEN FORUM Departmental Reports CM-24-293 September 20, 1971 Departmental Reports Report re Freestanding Sign Approvals Uniform Building Code (1970 Edition) P,roposed Ordinance International Conference of Building Officials Regional Occupational Program Municipal Court - July Planning-Zoning Activity Report - July and August Police and Pound Departments - August Water Reclamation Plant - August * * * A report was submitted by the Planning Director regarding freestanding sign approvals from Septem- ber 5, 1967 to August 24, 1971 * * * A report was submitted from the Chief Building In- spector regarding adoption of the 1970 Edition - Uniform Building Code. The reading read only), ordinance sections of matter will 18, 1971. of the ordinance will be waived (title and by action of the Council, the introduced, and pursuant to specific 50022.3 of the Government Code, the be set for public hearing on Oetober * * * The report from Chief Building Inspector~Herbert Street regarding his attendance at the Internation- al Conference of Building Officials annual business meeting was removed from the Consent Calendar for discussion later in the meeting. * * * A report was submitted from the City Manager re- garding the Livermore Unified School District's request that the City participate in a new program designed to afford high school students an oppor- tunity to participate in on-the-job vocational training during the school year. No direct expenses are involved on the City's part, rather City supervisors are expected to afford some instruction and appraisal of student work efforts. The City would be indemnified against liability and adequate insurance will be post~d by the District. In accordance with this program four students will be assigned to the water reclamation plant each day during afternoon hours for the school year. Amendment to Lease with Border Patrol Resignation Airport Advisory Committee CM-24-294 RESOLUTION NO. 107-71 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT * * * The City Manager reported that the Border Patrol has been leasing two tee hangars from the City, but now wishes to release one. It is recommended that a resolution be adopted to amend the lease with the Immigration and Naturalization Service. RESOLUTION NO. 108-71 A RESOLUTION AUTHORIZING AMENDMENT OF LEASE * * * A communication has been received from Noel C. Shirley submitting his resignation from the Airport Advisory Committee due to his transfer from Liver- more. * * * Copy of a news release from the San Francisco Bay Area Rapid Transit District, dated Septem- ber 10~ 1971, was included for the information of the Council. * * * The Public Works Director reported that the improvements on Tract 3128 had been completed in accordance with the approved plans and City specifications. It is recommended that the following resolution be adopted to accept this subdivision for permanent maintenance. RESOLUTION NO. 109-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3128 (McGah Development Co.) * * * The City Attorney advised that an additional group of claim forms have been submitted con- cerning repair of damage to sidewalks. RESOLUTION NO. 110-71 A RESOLUTION DIRECTING CLERK NOT TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE. RESOLUTION NO. 111-71 September 20, 1971 BARTD Tract 3128 Acceptance (McGah Dev. Co.) Report re Sidewalk Repair Claims (Group II) A RESOLUTION DIRECTING CLERK TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE AND DENIAL THEREOF. * * * Mrs. Kay Parra filed a claim several weeks ago alleging personal injury damages, caused by members of the Police Department~ in the amount of $719.50. It is recommended that a resolution be adopted denying this claim. RESOLUTION NO. 112-71 RESOLUTION DIRECTING THE CITY CLERK NOT TO FILE CLAIM OF KAY PARRA FOR PERSONAL INJURY. * * * Report re Claim Personal Injury (Kay Parra) One hundred warrants dated September 17, in the Warrants and Claims amount of $49,875.41, and two hundred forty- seven payroll warrants in the amount of $56,664.08 were ordered paid as approved by the City Manager. Councilman Beebe abstained on Warrant No. 575, and Councilman Silva on Warrant No. 536. * * * On motion of Councilman Beebe, seconded by Councilman Miller~ the Consent Calendar was approved unanimously, with Items 2.4 and 2.10 deleted. * * * An appeal has been filed with the City Council by the California Music Merchants Association, Inc. proposing a modification of our new busi- ness license ordinance pertaining to vending Approval of Consent Calendar REPORT RE BUSINESS LICENSE FEE MODIFICATION CM-24-295 September 20, 1971 (Business License Fee Modification) machines and amusement devices. Mr. George A. Miller of the Association requested that this matter be continued until October 4 in order that he may be in attendance at the discussion. The Council agreed to the continuance, and re- quested that the City Manager submit his recom- mendation at that time. * * * APPEAL RE VARIANCE FOR INCREASE IN FENCE HEIGHT An appeal has been made regarding the variance granted by the Planning Commission to increase fence height in the required frontage yard from the minimum of three feet to six feet at 1047 Lakehurst Road. The Planning Director reported that this application and its ap- proval were the result of a building permit issued in error to permit a fence within the required street frontage yard. A fence within the required street frontage yard can extend out to a 15- foot setback; the location of the swimming pool in this case is such that it cannot be fenced in conformance with the law regarding pools. The issue faced by the Planning Commission was whether or not to deny the variance and possibly be faced with the cost of restoring the property to its original condition, or granting a variance. The Commission did grant the variance basing its findings on the fact that the error resulting in the excavation was due to unusual conditions not applicable to other properties. The appeal has been made by adjacent property owners. Mr. Musso pointed out the issue is not whether the swimming pool can be allowed, (it is proper), however the pool requires a six foot fence and it cannot be erected to this height because of limitations applicable to that area where it would be erected. Mayor Taylor inquired if, when the request for the permit was made, was it clear the pool was in the front yard and would require a six foot fence. Mr. Musso said his experience with the application indicated that the plan was correct in all respects but the appear- ance on paper was misleading that the pool was in the front yard. He stated the Planning Commission was concerned primarily with the alignment of the fence; the fence indicated by the Commission was set back as much as possible leaving a diagonal alignment (Exhibit B) but the neighboring property owner supported the alignment requested by the applicant with zero setback (Exhibit A) and the staff recom- mendation was shown on Exhibit x. Mayor Taylor asked if the City denied the application would restora- tion of the property be the City's responsibility. Mr. Musso said this was the opinion of some of the Commissioners. Mrs. Jones, 626 Brookfield Drive, stated she appealed this applica- tion on the basis of allowing the pool in a semi-public location. She felt it would be a hazard to children. A six-foot fence would mar the appearance of the neighborhood as she felt the front yard was a part of the neighborhood. Some of the property owners in the neighborhood felt this did not meet aesthetic beauty. She felt it was an error on the part of the City, md that the variance was grant- ed because they did not want to pay the property damage. If the applicant had begun the pool without a permit, the City probably would not have allowed him to continue. Mrs. Diane Rogers, 69 Brookfield Drive, felt that if a six foot fence is against the City's laws, then it should not be allowed. Since an error was made it should be rectified rather than a vari- ance granted. Neil Stender, 1047 Lakehurst Road, the applicant, noted claims that the hazard would be exceptional with a front yard pool. He felt this was not true as anyone entering the area could be observed. CM-24-296 September 20, 1971 He said the original plan indicated that the fence would be laid out immediately behind a thick hedge of eucalyptus; it would be visible only from his driveway and neighbor's lawn. Mr. Stender presented a model drawn to scale, and discussed de- tails of the application. His neighbor approved of the original fence line. The permit was issued on August 4, and excavation begun on August 13; the permit was withdrawn after the excavation was completed on the 16th. Mr. Stender stated he had been ad- vised by legal counsel that the appeal by Mrs. Jones was not a legitimate appeal against the item in question - the fence, but against the front yard swimming pool. He felt some of the people had signed the petition against the permit without any information other than that supplied in the paper. Mr. Stender stated he had a petition containing signatures of immediate neighbors who all viewed the plans in detail prior to signing the petition of support. (Variance re Fence Height) Councilman Beebe asked if any of those signing the appeal were within the 300 feet of his home, required for noticing, and Mr. Stender stated he doubted that they were, and if that was the requirement they would not have received pUblic hearing notices. Councilman Beebe referred to the Planning Director's original re- commendation which showed a slant corner on the fence and asked the reason for the design. Mr. Musso replied it was primarily to give better visibility to someone coming out of the driveway of the property next door. Mr. Musso added that on the question of the notification - there was no public hearing held. The Planning Commission called a special meeting in order to expedite the fencing of the hole. No hearing is required and none was held; however, he had been directed to write a letter to the neighbors in closest proximity and about fifteen letters were sent advising that the action had been taken and their right of appeal. Councilman Silva asked if the Planning Commission had accepted the fence line to accommodate the filtering equipment. Mr. Musso advised that the Commission intended to approve the staff recom- mendation~ however on the plea of the applicant agreed to allow the enclosure of the area. Councilman Silva felt that the equip- ment could be moved to another area inside the fence. Councilman Silva asked if visibility of landscaping applied only to corner lots, and Mr. Musso stated there is a provision that if this planting constitutes a hedge it becomes a dividing instru- mentality and, in effect, could be illegal and there is also the provision that landscaping can be required to be trimmed if there is a clearance problem to provide visibility. Mayor Taylor stated that the argument is not a particularly good one since the trees are there, the hazard is already there, and adding a fence behind it does not create an additional hazard. If you can see through those trees at ground level, as they do not get bushy until they get a little higher, they could be trimmed very simply to provide visibility. The fence is required, by law, to protect that pool. If the variance is granted it should be made to conform as much as possible, and the main intent of the setback, in addition to aesthetics, is safety. If it is found that the trees constitute a hazard now, perhaps they should be trimmed on the end. Mayor Taylor stated it is with reluctance that they consider granting a variance of this type inasmuch as they have turned down proposals in the past for front yard pools, mainly for the same reason. Mayor Taylor asked the City Attorney if the City denied the variance would we be subject to withstand the cost of filling in the pool and restoring the property to its original condition, and Mr. Lewis advised that it was difficult for a lawyer, in this case representing a client, to ever admit liability; he assumed that there are possible defenses we could raise; his recommendation to the Council would be that the pool company and the City do what they can to remedy the situation as CM-24-297 September 20, 1971 (Apostolic Faith Temple) discussed possible multiple development for these lots, but Mayor Taylor said he felt such rezoning would not be approved. David Madis, attorney representing the applicant, said he had re- viewed the application and could not find any legal objections to the development of this property. The applicant has a 31-ft. wide access directly from Olivina Avenue which would allow proper access for all types of vehicles. The applicant would meet the objections of the residents on Dogwood Dr., Meadowlark and Nightingale Streets by agreeing to a restriction, allowing no access to Dogwood Drive and would go so far as to dedicate a strip of land and agree to perpetually maintain it until the City determines access is nec- essary. The applicant also should point out that most people would rather have their land zoned multiple than agree to a swap with the church for a church site on RL-6 density. The site is fully adequate for the requirements of this use. It is an unnec- essary and unreasonable burden to place the requirements for the development of the adjoining properties on the applicant's property. The applicant can meet all the requirements, restrictions and con- ditions imposed by the law, and there is no plan for any development for the few remaining lots without access. Denial of this applica- tion does not solve the problem of the development of these lots or access. Mr. Madis felt the applicant's plan should be approved or modified in a manner to meet any objections; the problem should be solved now. He felt the reason the land swap fell through was because the other property owners thought they could get more for their land if it is zoned multiple. The City Attorney said he was concerned about the law in regard to religious uses. His review of the texts and some California cases indicate that California may not be as strong in protecting "religious uses in residential zones" as some other states. There seems to be a design to protect the right of persons to establish churches in neighborhoods where they are permitted. Although they are permitted under conditional uses, the courts have looked upon denial in placing upon the public agency the burden to show that use would have something more than general problems; there should be a serious threat to traffic or clear violation of setbacks, re- quirements, etc. Mr. Lewis said he was concerned, too, about pro- tection of 1 a n dlocked parcels. This is not the same as requiring dedication for frontage for street widening,etc.; it is strictly concern about future development of lots which are landlocked. He hoped that the Council, if they deny this CUP, would have some clear grounds based on traffic or congestion rather than vague problems as presented. He did not see being landlocked as grounds for denial of a use. Councilman Miller stated the ordinance for CUP is clear that use should not be adverse to adjacent property; he felt they were follow- ing the ordinance. Mr. Lewis said that this is a legal lot which can be developed; if a single family was proposed for the use, all that would be necessary would be a building permit. Probably a court would say that the con- cern over internal development, whether single family or church, would be an improper condition. Mayor Taylor said, then, as he understood the City Attorney, that the City's ordinance aside, the Council might be forced to grant some kind of permit. Councilman Silva said he felt that the shape of the parcel might be a finding because of fire protection, and this would be a major finding in denial. If the Council denied this application, he would move for rezoning of all parcels in question to resolve this problem, probably as Rs-4 or RS-5. CM-24-300 September 20~ 1971 Mayor Taylor asked if a permit were requested to (Apostolic Faith building a single family house on a 1 an dLocked Temple) parcel, without access to a street, could it be denied. Mr. Lewis said that the normal require- ment is that a lot have frontage on a public street. Councilman Miller made a motion to table this matter until October 12 so the City Attorney might resolve some of these questions and the Council might review testimony of the Planning Commission in detail, and that the Planning Director might present findings for and against the applicatj.on; motion seconded by Councilman Silva and passed three to one (Mayor Taylor dissenting). * * * A communication has been received from Alameda County concerning our request for an opening in the median strip on Stanley Blvd. to allow a left turn lane for Nancy Street. The County Public Works Director Herbert Crowle advises that they do not feel a reduction in the standards turning lane is feasible. MEDIAN STRIP OPENING FOR NANCY ST. ON STANLEY BLVD. to permit the Daniel Lee, Public Works Director, exhibited some graphic displays of possible designs. Councilman Miller said he could not see why the curb could not be redlined as suggested. Mr. Lee pointed out that elimination of the parking lane would mean that traffic would have to merge directly into the outside land and stated that the inconvenience will not be as great when Murdell Lane is relocated in its final alignment as there will be a left turn lane at that point. Mayor Taylor said that it seemed unless there is a valid proposal to overcome the safety aspects, there does not seem to be much choice. Mr. Lee indicated the staff was working on a. proposal to obtain some of the railroad land to possibly extend the street on that side~ and the report would be presented to the Council when it is completed. Verle Gibson, 424 Virginia Drive, said that he estimated that 65% of the homes in the area backed the request for a turning lane for Nancy Street. He felt the main concern was the emergency and fire access. As additional development is made, the traffic load at the intersection of Murdell Lane will become heavier and the problem greater. Robert Wentz, 319 Elvira Street, felt the people of the area should be given the opportunity to speak in regard to such issues when they are considered. Mayor Taylor stated there had been ample opportunity for residents to speak and such comments were welcome even though there was not a public hearing on such an issue. Leo Bailey, 811 East Stanley Blvd., said he did not favor the possible widening as his house would be one of those affected. He said an emergency vehicle could make a U-turn at the next intersection or break might be made in the median for emergency use only. He felt most of the people in the area were interested in convenience, rather than emergency access. Wilbur Bernard said his house fronts on Robert Way two doors from the intersection of Eobert Way and Nancy Street. The change on Stanley Blvd. has benefited people in the immediate vicinity by reducing the high speed driving. Not all of the residents were in favor of the request for a turning lane. CM-24-301 September 20, 1971 (Nancy street) Mayor Taylor said that if at some time in the future it is determined that the street can be expanded to the north, then there would be the possibility of putting in a left turn lane. As it is now, the County will proceed unless more right-of-way is obtained. Kenneth Lee, 303 Jillana, referred to the moving of Murdell Lane and the fact the County put in the intersection at the present lo- cation, which is only temporary. Mayor Taylor said that Murdell Lane was relocated due to its prox- imity to other intersections; this matter is definite and settled. Mr. Lee stated that the developer will relocate Murdell Lane in developing PUD No. 15 and the present street is only temporary to give access further down the street. Temporary access to the pre- sent location of Murdell Lane was requested by the City and granted by the County; the move should be completed within a year or so. * * * Greenville North A report has been prepared by the Planning Direc- tor regarding park site acquisitions. He stated one of the reasons for the report is that many of the sites proposed by LARPD are due soon; park site has not been settled yet. REPORT RE PARK SITE ACQUISITIONS Councilman Miller suggested that he and Councilman Beebe discuss this with Mr. Musso and determine priorities and costs before their next meeting with LARPD. Mr. Musso said his recommendations would be included in the Capital Improvement Budget, and these should be discussed also. Mayor Taylor stated he would like the Planning Commission's recom- mendations as to park locations. In answer to Councilman Miller's question, Mr. Parness advised that the trustee sale of the Sally property had been delayed until December. * * * REPORT RE PARK IMPROVEMENT COSTS - WESTERN SECTOR . A tabulation of costs for purchase of a park site in the western sector of the City and improvements and maintenance has been made on two proposed sites. Councilman Miller questioned the costs and said they seemed to be much higher than his information indicated they should be. In particular, the cost of $30,000 per acre is considerably more than the $8,000 spent by LARPD at the Sunset Park. Ribera and Sue had estimated maintenance of a typical park should be between $1500 and $2500 an acre while the report in- dicates $4500. Therefore, the implication is that this would be a highly manicured park; not all park land in the City must be like this. Secondly, if the park is located on Dogwood Drive the resi- dents have offered their help, and the figures were misleading. Donald Bradley, the Administrative Assistant, indicated the figures used in the tabulation were development costs given by the Supt. of Parks and Trees based on general landscape and development costs used by landscape designers. It is a medium grade type of park de- velopment, and the figure of $31,000 would be for a contractor who would come in and do all the work. The Portola and Centennial Park costs are lower as City labor was used for these developments. The City Manager pointed out the estimates are based on one acre park sites, and would decrease per acre for larger sites. He understood that LARPD used $10,000 per acre for estimating costs for an improved park. The maintenance costs are based on actual costs for grounds such as the library area. Councilman Beebe said he was opposed to the City's entering into more park development than they now engage in; if a small park is CM-24-302 required such as this, it should be kept in a natural state. September 20, 1971 (Park Improvement Costs) Councilman Silva stated he felt there is a need for mini-parks, but there is a need for some development. Mayor Taylor said the question would be whether a sprinkler system would be needed. There could be no grass or trees without a sprinkler system of some type, and even though minimum development might be satisfactory now, at some future date when others move into the neighborhood they would question the City having a park that might become filled with weeds. Marion Stelts, 547 Nightingale Street, stated that over half of the development cost is tied up with the sprinkler system and turf. He wondered if any consideration had been given to planting the park to the environment we have - plants that could be planted in the fall, and established during the rainy season. The neighbor- hood does not want an expensive manicured park, however not dusty either~ and felt there should be some alternative. Mrs. Marion Stelts~ spoke to the comments made regarding injuries ill the neighborhood and cited a case where a youngster had severely cut his foot whilo walking through May Nissen Park. She stated their neighborhood has never had a law suit, and it is a mess when people dump their garbage. Their thinking would be to have some Bermuda grass planted or something like it which doesn't require water and mentioned that the trees in the area are not receiving any water now, and they do well. Mrs. Stelts stated there is a well and pump on the land and felt this should be investigated, and these points should all be taken into consideration. She felt too much emphasis is placed by LARPD on barbeque pits and picnic tables which would be ridiculous in their own backyards, so to speak. Play lots are just a place for the children to play~ and she felt manicured trees would be destroyed, and could not be properly maintained regardless of the number of sprinkler systems. Rev. Charles Hill, 346 Robert Way, stated he had an application for a Conditional Use Permit to build a church on their property and questioned if the meeting was to decide if the property was to be used for a park. Councilman Miller stated that the item was to determine what it would cost to develop an acre of park land such as the Dogwood site or any given acre in some part of town. Mayor Taylor added that there were two possibilities for a small park in the area presented - one the Dogwood site and another further south; the principle of building small parks had never been discussed. If it was the Council's intent to have a park at this location, this would have been done regardless of Rev. Hill's application. Rev. Hill continued that if their application for a CUP is denied, as far as their keeping the property would depend a lot upon the decision made in these meetings. If their CUP is denied, and the Council's decision is to build mini-parks, they would be willing to sell their property. Charles Brown, 1037 Portola Avenue, stated he owned a piece of property in Modesto, and when it was suggested that certain grass be planted that would grow in the summer without watering, pointed out that his property has this type of grass, that cannot be tramped down or killed, and if this is brought into Livermore, there would be a lot of impatient landowners with it in their front lawns. Mayor Taylor referred to the statistics given in the report which had been presented and stated his concern that they would commit money that should go for park acquisition for the City, to park maintenance, thereby insuring themselves they would have less parks in the future as far as acreage is concerned. They may have CM-24-303 September 20, 1971 (Park Improve- a tendency to do this, but it should be weighed ment Costs) very carefully as it would amount to a considerable amount of land over the years, assuming they have a fixed income for park acquisition. There have been other requests for the City to acquire property for neighbor- hood parks. Mayor Taylor suggested that the Council discuss this matter once again with LARPD as the District feels that the construc- tion and maintenance cost monies would be better spent on larger parks and they have stated they want nothing to do with mini-parks. The City, if this park were approved, would be committing them- selves also to other areas in the community where needs for parks are even greater. Mayor Taylor felt it would commit the City to a long term policy, and did not think it would be the right thing to do. Councilman Miller did not feel this was the case because in the past few years they have had park dedications; where the shortage of parks is acute is in the older part of Livermore and Granada Village. Mayor Taylor said he felt the concern was the cost of maintenance; over a period of ten years or so the cost of acquisition and de- velopment is small. What may happen is that the park money will be spent for maintenance rather than acquisition as there will be a fixed amount of park money available. Councilman Silva agreed that at this time the maintenance cost is not available, but a number of two or three acre parcels could be purchased throughout the City, leaving them for the time being as open space. At some time in the future the City will be built out without land available for purchase. Councilman Miller stated that in some cases the neighborhoods may be willing to bear some of the burden of improvement and maintenance. Mayor Taylor said he thought if this was done the neighborhood should get together to form a non-profit organization to contract with the City to do certain improvements. Councilman Beebe felt that all the City would have to do is main- tain the land in a condition free of fire hazard; there might be pressure from the neighborhood later if the support did not continue. The Council discussed the City's obligation for park development and use of dedication money and park tax monies. A citizen commented that if the land is not purchased now, even though money is not available for manicured development, it will not be available in a few years. Mayor Taylor stated that a policy decision had been made by the Council that the 19i tax rate for park funds would go for land ac- quisition. Now it must be decided whether, if the land is acquired, the City is obligated to develop it. Robert Allen, 223 Donner Ave., felt a tot lot close to home is more valuable to families with youngsters than a larger neighborhood park further away. He thought a large number of these lots should be acquired and developed ~~ Rev. Hill suggested that if park development is done by neighborhood groups there should be a surety bond to guarantee the park would be completed by a specified date or the responsibility would revert to the City. Robert Gleason, 1322 Balboa Way, suggested that there are several ways to develop parks for children that do not cost a great deal such as those at some of the nursery schools. The Council agreed to continue discussion until some future time. * * * CM-24-304 September 20, 1971 The Planning Director reported that a referral has been received from Alameda County Planning Commission regarding an application by Maile M. Hansen for rezoning from A to M-l for a site at 6175 Southfront Road and an expanded area of 31 parcels southeasterly of Southfront and Vasco Roads initiated by the Commission. COUNTY REFERRAL RE REZONING (South Front Road - Hansen) Mr. Musso stated that this area is the remainder of that indus- trial land adjacent to US 580 and Southfront Road. M-l (light industrial) zoning is recommended by the County Planning Commis- sion, the City staff and Planning Commission. Part of this area is under annexation to the City, and when annexation is completed the City might want to take a closer look at the zoning. A motion was made by Councilman Miller, seconded by Councilman Beebe, and passed unanimously, to transmit our recommendation for rezoning of the subject properties to M-I to the Alameda County Board of Supervisors. * * * A summary of action taken at the Planning Com- mission meeting of September 14, 1971, was sub- mitted. PLANNING COMMISSION SUMMARY OF ACTION Councilman Miller referred to the approval of freestanding signs for Standard Oil service stations located at 1334 First Street, 2259 First Street, and Barcelona Rd. and Concannon Blvd. He in- quired if these stations had canopies. Mr. Musso said he did not believe the one at 2259 First Street had a canopy. Mr. Musso said the Planning Commission had discussed at some length the matter of granting freestanding signs to stations with canopies, as discussed by the Council, but felt that the complications of determing whether the canopy decreases the visibility of building signing or not was difficult to administer. Therefore, they felt freestanding signs should be approved in accordance with past action. Councilman Silva abstained from discussion on this item due to conflict of interest. Councilman Beebe said the signing on the building on First Street is not visible from the east at this station location. Mayor Taylor felt that if there is a choice, canopies should be discouraged because of aesthetics; he would oppose any policy which would encourage canopies. Councilman Miller said he had proposed in the past that canopies not be allowed, but had never gained a majority for this idea. After discussion, no action was taken. * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH THE COUNCIL MEMBERS IN ATTENDANCE (Councilman Pritchard absent). RECESS * * * Several months ago the City Council asked that a report be prepared by Public Works Director Daniel Lee, regarding an analysis of the projected water demand versus the available supply. REPORT RE WATER DEMAND The Council felt it would be best to continue this matter until a full Council was present, but felt some questions might be answered. CM-24-305 September 20, 1971 (Water Demand) Councilman Silva asked if there were to be a build- ing moratorium, would it also have to apply to commercial and industrial. The City Attorney said he would rather answer this later, after the contin- uance. Councilman Miller suggested that at the present our City is not balanced for residential and commercial as indicated on the General Plan; we are required to have a General Plan and to follow it so this might have a bearing on our position. Councilman Miller also stated that one of the arguments raised during the last Zone 7 bond election was the possibility of creating an assessment district or other mechanlsm to finance water treatment plants so that the burden does not fall on existing taxpayers to provide facilities which they do not need. Perhaps the staff might consider this. Councilman Silva said he did not think the City should consider the method of financing; this should be done by Zone 7. The Public Works Director stated he felt the assessment district would be so cumbersome and would involve City and County develop- ments in different stages. He did believe that unless action is taken by Zone 7 before November 1972 for a bond issue, the Council would be faced with serious action such as water rationing, build- ing moratorium, development of new wells, all of which would be in- ferior to Project 2 or a modification thereof. The Council discussed the possibility of Zone 7 having a bond issue on the coming November ballot and why it was being delayed. Mayor Taylor felt the matter was serious enough for the City to contact Zone 7 relaying our concern and urging action in this re- gard at the earliest possible date. Councilman Silva suggested they also take a look at a water connection fee. Councilman Miller did not think the public, in general, would accept water rationing; they might accept Step 1, listed by the Public Works Director. This problem is coming upon us very rapidly and a decision must be made soon. Councilman Beebe made a motion, due to the urgency of Livermore's need, to urge the Zone 7 to proceed at an earlier date if possible for their bond election and that they consider water connection fees for financing; motion was seconded by Councilman Silva. Clarence Hoenig, 588 Tyler Avenue, asked the Council to make an in- quiry to Zone 7 about the kinds of financing alternatives considered. He said he understood the Zone has employed a professional consultant firm to explore new alternatives to Project 2. He felt the reason the Zone was considering revenue bonds is that only a 50% majority would be needed rather than two-thirds. He felt the City should ask about methods studied and the results of the study; secondly, if it would be possible for Zone 7 to go to the voters with some alternatives other than revenue bonds. A vote was taken and the motion passed unanimously. Councilman Miller made a motion to ask Zone 7 what alternate methods of financing were considered and the arguments for and against the methods or options. The motion failed for lack of a second. Councilman Silva made a motion to continue this discussion until the 18th of October, seconded by Councilman Beebe, and passed un- animously. * * * CM-24-306 The City Manager reported that bids have been received for the Las Positas Golf Course Club- house entryways as follows: September 20~ 1971 BID RE LAS POS ITAS GOLF COURSE CLUB- HOUSE ADDITION Schmidt & Pollard Hayward, CA $19,540.00 Don L. Barrett Constr. Co. Livermore 19,777.00 Weirick Construction Co. Danville 22,908.00 Leuning Construction, Inc. Hayward 24~515.00 It is recommended that the bid be awarded to the low bidder, Schmidt & Pollard, subject to the approval of the architect. The Council discussed whether there would be any benefits accruing to the City if the bid were awarded to the local bidder. Councilman Miller made a motion to accept the City Manager's re- commendation to award the bid to Schmidt & Pollard; motion se- conded by Councilman Silva and approved unanimously. * * * Bids have been received for the installation of an air conditioning system for the restau- rant quarters at the Las Positas clubhouse. Bids were solicited based upon two alternates: 1) install system as designed originally for the building in 1966; or 2) another system which is certified to provide equal perfor- mance. Results of the bids are as follows: Cal-Air Conditioning Co. Dorn Refrigeration Tom Bailey Plumbing $ 9,930 9,983 16,849 BIDS RE AIR CON- DITIONING FOR CLUBHOUSE ~Alt. 2] Alt. 2 Alt. 1 After review by the architect and mechanical engineering firm, it is recommended that the bid be awarded to Cal-Air Conditioning Co. On motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote, the bid was awarded to the low bidder, Cal-Air Conditioning Co. * * * Discussion regarding the attendance of the Chief Building Inspector~ Herbert Street, at the In- ternational Conference of Building Officials on October 6-13 was removed from the Consent Calendar for consideration at this time. International Conference of Building Officials Councilman Miller requested that this item be discussed in regard to certain requirements for Fire Zone 1 exterior materials. He felt that it would add to the attractiveness of the downtown area if some other materials could be used in Fire Zone 1. Mayor Taylor said there was an amendment to this effect two years ago, and asked Mr. Street to report on the status. Mr. Street reported that several changes have been suggested by the City and the requirements are much more liberal now than originally; there is yet another amendment to be considered which will liberalize them even more, which will come up at this meeting. Fire Zone limits are under study to determine if there should be another division to make them comparable in different cities. CM-24-307 September 20, 1971 (Conference - Building Officials) MATTERS INITIATED BY STAFF (Design Review Comm.) PROPOSED ORDINANCE RE ADOPTION OF 1970 UNIFORM BLDG. CODE Development Plan for Downtown Councilman Silva made a motion to approve the ex- penditure of funds for Mr. Street to attend the conference ($352.00); seconded by Councilman Beebe and approved unanimously. * * * The City Manager inquired about further direction regarding the Design Review Committee. Mr. Musso stated that the sub-committee had met and reviewed a draft of tre proposed ordinance but had not met since May. The Council requested that a report be made on the status of the proposed ordinance. * * * On motion of Councilman Beebe, seconded by Councilman Silva, the first reading of the proposed ordinance regarding the adoption of the 1970 Uniform Building Code was waived (title read only) and by unanimous vote (Councilman Pritchard absent) the ordinance was introduced. The 2ublic hearing on this matter was set for October l~. * * * Councilman Beebe said several people had asked why a theme for downtown development had not been adopted so that future remodeling might be along the same idea. Mayor Taylor felt the impetus for this should come from the downtown merchants and property owners because of objections to requirements being imposed. The Council discussed whether this should be a part of the Design Review Committee. After consideration, the Council felt the Beau- tification Committee might explore the possibility of setting a theme for the downtown area, and Councilman Miller suggested ex- ploring ways of getting input from the merchants. Mayor Taylor felt that at this point a plan of action should be suggested by the staff. Mr. Musso said that provision is made in the proposed ordi- nance regarding design review for a committee of semi-professionals to do just this. Therefore, the Council decided to wait for the ordinance before taking action. Robert Allen, 223 Donner Avenue, suggested calling on the community for suggestions regarding a theme. Complaints re Airplanes Light Pole Paint Color CM-24-308 * * * Councilman Miller commented on complaints regarding low flying airplanes, and asked how this should be done. The public Works Director said they should call the airport and the complaint will be recorded. If the number of the plane is available, the com- plaint will be referred to the FAA. * * * Councilman Miller inquired about the color used by PG&E in painting the light poles on First Street; the Beautification Committee did not think it was the color selected and recommended by them. Mr. Beebe said he was not aware that any change had been made from that recommended. * * * September 20, 1971 Councilman Miller inquired about the status of Sidewalk Repair the bids for the sidewalk repair. Mr. Lee said a schedule has been outlined, and it is suggest- ed that bids be called for on October 4 with bid opening to be on October 27, with bid results to be sent on October 29 to property owners and on November 17 official notices would be sent and properties posted for work not completed; Nov- ember 29 bids would be awarded for remaining repairs. Mr. Lee suggested that the explanatory letter, which the Council directed to be mailed informing them of the City's intentions and their options be sent on October 29. The City Attorney inquired about possible creation of a hazard from cutting of roots, and asked if there was any way to determine this. Mr. Lee said that it cannot be determined if the trees have adequate support; the property owner must use some judgment of their own. * * * There being no further business to come before the Council the meeting adjourned at 11:30 p.m. to an executive session to discuss appointments to the Housing Authority~ Beautification Committee and Airport Advisory Committee. ADJOURNMENT APPROVE >f /}n/Jj e.ftt. 31:< r r~ . / ATTEST * * * Regular Meeting of October 4, 1971 A regular meeting of the City Council was held on October 4~ 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva Miller and Mayor Taylor ROLL CALL ABSENT: None * * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Alle- giance. PLEDGE OF ALLEGIANCE * * * The minutes of the meeting of September 20, 1971 MINUTES were approved as amended, on motion of Council- man Beebe, seconded by Councilman Pritchard, and by unanimous vote. CM-24-309 October 4, 1971 OPEN FORUM The representative of Sunset East Homeowners Asso- (Sunset Homes) ciation, Park Sims, 1087 Innsbruck Street, referred to recent events celebrating the 20th Anniversary of Sunset Homes in Livermore. The Association wished to congratulate Sunset Homes for the community spirit which the celebration has shown. Mr. Masud Mehran of Sunset Homes, expressed his appreciation to the City staff and Planning Commission for their participation in this development over the past twenty years. Councilman Silva made a motion, seconded by Councilman Pritchard, to adopt the following resolution commending Mr. Mehran and Sunset Homes for their community spirit and congratulating him on the 20th Anniversary of Sunset Homes, and passed unanimously. RESOLUTION NO. 113-71 RESOLUTION COMMENDING SUNSET DEVELOPMENT COMPANY ON THE OBSERVANCE OF THEIR 20TH ANNIVERSARY IN THE CITY OF LIVERMORE. (Financial Reports) * * * Robert Allen, 223 Donner Ave., suggested that the warrant listing included in the agenda indicate, by code number, what department or budget item the expenditure is for. Also, he suggested that there be a forecast of expenditures in the budget and a periodic resume. This would aid in determining how effective the City government is. Another suggestion is that the airport report include the number of operations. Proposed Property Condemnation- East Avenue * * * CONSENT CALENDAR The City Attorney recommends that eminent domain proceedings be undertaken to acquire a parcel of land 14 feet in width, extending 325 feet westerly of Hillcrest Avenue on the southerly side of East Avenue. Councilman Pritchard requested, on behalf of the owner, that this matter be continued until the meeting of October 18. COMMUNICATIONS (re Growth) (Water Supplies) (Crowded Schools) * * * A communication was received from Walt Kolander, 4078 Stanford Way, urging that steps be taken to stop growth and that a poll of all residents be taken on this subject. A letter was received from J. R. Morton, 4384 East Avenue, suggesting that a building freeze be made effective if a water supply emergency is found to exist until the supply capacity is expanded to meet the needs. A communication was received from three concerned mothers regarding the crowded schools, suggesting that developers be required to donate land and supply half the funds for a new school at the time they are given permission to build. Councilman Miller commented regarding the above three communications and referred to an article in the Tribune which indicated it might be time to stop the population growth because this region cannot withstand indefinite population increases; the growth problem has caused a great deal of concern. CM-24-310 October 4, 1971 Councilman Silva suggested that the letters re- (Growth) garding growth be answered with a summary of the minutes of the meeting in which the Council voted to deny a tract map based on the school problems, and later it was necessary to reverse the decision due to legal problems. Mayor Taylor stated the Council is concerned about all three of the first items on the Consent Calendar, but did not feel that a letter should be sent indicating a solution had been found, but only to say that the Council is concerned and the water problem will be discussed at the meeting of the 18th; the minutes could be in- cluded as an example of the Council's concern. * * * Councilman Miller stated that a question had been raised about extensive grading with re- gard to Tract 3324, and asked that this item be continued until next week in order that the amount of grading be examined, however Mayor Taylor suggested that this item be removed for later discussion before a decision is made for continuance. * * * An analysis of the 1971-72 property tax rates for the cities in Alameda County was received from the Alameda County Taxpayers Association. * * * Minutes were received from the Beautification Committee for the meetings of August 24 and September 7, and from the Housing Authority for the meeting of August 31. * * * (Tract 3324 Sunset Homes) News Facts - Alameda County Taxpayers Assoc. Minutes (Various) The City Manager reported on a reclassification study conducted for an engineering classifica- tion within the Public Works Department. Cur- rently Engineer I position is authorized and substantial additions to the duties and respon- sibilities of this position have resulted in a recommendation that the classification be changed to Engineer II, which is an approxi- mate 9.6% pay variation. Further justification is that the current employee has completed the first stage of his professional regis- tration status and is close to receiving a masters degree in civil engineering. It is recommended that a motion be passed authorizing the reclassification change. * * * Employee Reclassification (Public Works Dept.) Due to a severe industrial injury suffered by the maintenance mechanic at our water reclama- tion plant it has been urged by the State Work- man's Compensation Fund that this employee be reassigned. Due to a limited number of employee classifications in the job for which he is skilled, his new job assignment carries a wage level lower than his current one. It is recommended by the City Manager that a motion be adopted author- izing a job modification whereby the maintenance mechanic wage level is allowable in the street department staff. * * * Upon receipt of a request from the Chamber of Commerce, the request received from the Calif- ornia Music Merchants Association for change in the business license fee applicable to coin op- erated amusement machines has been postponed for one week. Personnel Reassignment (Ansick) Business License Change-Coin Operated Amusement Machines CM-24-311 October 4, 1971 Modification Grant Agreement (Airport Construction) An amendment to our Federal Aviation Administra- tion grant program revises the final figure allowable to the City for the airport construc- tion from $867,544 to $878,397. RESOLUTION NO. 114-71 A RESOLUTION OF THE CITY OF LIVERMORE, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDMENT TO GRANT AGREEMENT FOR THE PURPOSE OF INCREASING THE MAXIMUM OBLIGATION OF THE UNITED STATES SET FORTH IN THE GRANT AGREEMENT EXECUTED BY THE CITY OF LIVERMORE, CALIFORNIA, ON JUNE 14, 1965. Appointments- Planning Commission, Housing Authority Sidewalk Claims Payroll and Claims Approval of Consent Calendar APPEAL RE SERVICE STATION SIGNS (1334 and 2620 First St.) * * * The following resoJutions of appointment were adopted: RESOLUTION NO. 115-71 APPOINTMENT OF MEMBER TO THE HOUSING AUTHORITY (M. Elteen Kirschbaum) RESOLUTION NO. 116-,71 APPOINTMENT OF MEMBER TO THE HOUSING AUTHORITY (Leo Gutierrez) RESOLUTION NO. 117-71 APPOINTMENT OF MEMBER TO THE PLANNING COMMISSION (John C. Nelson) * * * Denial of sidewalk claim by resolution. RESOLUTION NO. 118-71 A RESOLUTION DIRECTING CLERK NOT TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE (Group III) * * * One hundred forty-one claims in the amount of $141,993.05, dated September 30, and two hundred fifty-eight payroll warrants in the amount of $55,991.74, dated September 24, 1971 were ordered paid as approved by the Finance Director. Council- man Silva abstained from Warrant No. 721. * * * On motion of Councilman Beebe, seconded by Coun- cilman Silva, and by unanimous vote, the items on the Consent Calendar were approved as amended. * * * The Planning Director explained that in earlier discussions it was felt that signs should be attached to the building or parallel to the street; then the question arose as to buildings which were set back from the street. It was concluded that where a building is set back, the sign could be freestanding at the same point as a building would be. A problem then arose with service stations on corner lots, and when consider- ing the corner lot on Murrieta and Stanley Blvd. it was decided CM-24-312 October 4, 1971 that a trilon sign could be allowed, and the or- (Appeal-Signs) dinance was amended to allow a diagonal sign. The trilon sign and diagonal sign are equivalent to what would be a normal corner sign allowed under the ordinance. This is the issue involved in the application for signs at stan- dard Oil Company Chevron (1334 First Street) and Douglas Oil Co. (2620 First Street). Councilman Silva abstained from discussion regarding the Standard Oil Company application and appeal. Mr. Musso indicated the application by Standard Oil Co. for a trilon sign was denied by the Planning Commission as the location involved is not a corner lot; the applicant feels that as there is a curve in front of the station, it should be considered as a corner lot. A Conditional Use Permit has been approved to allow a freestanding sign and the question of appeal is relative to design of the sign. In the case of the application made by Douglas Oil Co., this is a request for a variance; the sign was allowed parallel to the street, but they request that it be perpendicular to the street. Councilman Miller made a motion to deny the appeal by Standard Oil Company regarding the design of the sign at 1334 First Street, seconded by Councilman Pritchard. Councilman Pritchard inquired about the radius of the curve, and Mr. Musso pointed out its relation to the property line. The Council discussed whether this could be considered as a corner lot and the visibility of the signing approaching the station. Vince Haavisto, representing Standard Oil Company, stated that when they were advised that their existing sign must be removed in conformance with the ordinance, he had inquired as to what type of signing would be permitted. He had been told a sign of trilon nature would be acceptable, and had made plans to have one installed. This station basically serves First Street, and they were requesting equal treatment for this location as had been granted two other stations in the City which have trilon signs. They had been advised that their usual signing (the Standard Chevron emblem) could not be attached to the canopy. Councilman Miller said that there are three possibilities: (1) a sign can be placed on the building, (2) Standard's colors are well known, and (3) the sign as provided in the ordinance is within visual distance of people traveling down the street. The issue here is treatment equally with other businesses in the middle of the block. Mr. Haavisto said a sign on the building could not be seen and would be of no purpose; secondly, Standard Oil Co. uses a softer color scheme rather than the red, white and blue. The motion to deny the appeal for a trilon sign at the Standard station at 1334 First Street was approved by unanimous vote (Councilman Silva abstaining). Mr. Musso stated that this matter concerns a request for a variance following granting of a CUP to allow a perpendicular sign. A CUP had been granted by the Planning Commission to allow a freestanding sign; the applicant feels his exposure would be better if a sign is allowed perpendicular to the street. The Planning Commission denied the variance as this is an interior lot and it would be inequitable to allow the sign in this case. Douglas Oil Co. (2620 First St.) Councilman Miller made a motion to deny the request for variance for the Douglas station at 2620 First Street, seconded by CM-24-313 October 4, 1971 (Douglas Oil) Councilman Beebe. Councilman Miller felt the station was aware of the regulation when the Conditional Use Permit was discussed and granted. The applicant was not present. The motion to uphold the Planning Commission's recommendation for denial was approved unanimously. * * * The Planning Director stated that this matter had been presented to the Council and referred to the Planning Commission for preliminary approval of the sites. Using this report, the Commission had prepared a future General Plan amendment in regard to fire protection; this plan should be adopted at some time in the future after the required public hearings, as a part of the General Plan. REPORT RE FUTURE FIRE STATION SITES Councilman Miller inquired about the location at Holmes and Concan- non. The City Manager said that this would be discussed in depth with the Council when the Capital Improvement Budget is presented shortly. REPORT RE AIRPORT-GOLF COURSE SIGN * * * The Planning Commission recommended that the City conform to the Zoning Ordinance and that the various facilities in the area, i.e. treatment plant, air- port, golf course, be allowed on-site identification and the subject complex be allowed an identity sign stating only the name of the area. Councilman Pritchard made a motion to remove the airport sign as quickly as possible, seconded by Councilman Miller. The City Manager stated with the ordinance, and matter until that time. abated in thirty days. that May is the deadline for conformance asked if the Council wished to delay this Councilman Miller felt the sign should be Councilman Pritchard pointed out that the freeway will be nearing completion in May and perhaps new signing can better be decided upon when the freeway signing is known. Councilman Pritchard made a substitute motion to abate the sign by May 31, 1972, with the staff to prepare the new sign before that time. Councilman Miller felt the State should be requested to also indi- cate signing for the golf course. Mr. Parness stated he did not feel they would do this as they would only indicate airport, not City of Livermore Airport, on the freeway sign. The motion to abate the sign by May 31, 1972, was seconded by Coun- cilman Beebe, and approved 4 to I with Councilman Miller dissenting. REZONING (Hosker Lane) * * * A rezoning application for an area adjacent to Hosker Lane, north of First Street, has been re- ceived. On motion of Councilman Silva, seconded by Councilman Beebe, the matter was set for pub- lic hearing on October 26, by the following vote: AYES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor NOES: None ABSTAIN: Councilman Miller CM-24-314 It is necessary to set a public hearing for the proposed Zoning Ordinance amendment to provide regulation of subdivision of land by condominium or to regulate development of land to be subdivided by condominium subdivision. October 4, 1971 PROPOSED ZO AMEND- MENT RE CONDOMINIUM DEVELOPMENT Councilman Miller stated that since there may be development which would be regulated by this amendment before adoption of the amendment moved the adoption of an interim ordinance to correspond with the wording of the Planning Commission (Sec. 20.35) which would essentially freeze the situation for ninety days or until adoption of the ordinance, and also to set the proposed amendment for public hearing on October 26. Mayor Taylor felt adoption of this emergency ordinance was neces- sary to prevent circumvention of the townhouse ordinance agreed upon. Councilman Silva did not agree with this proposal as he felt ownership was immaterial. The Council discussed the purpose and reason for the interim or- dinance so that the City might be protected until a decision is made whether to adopt the amendment regulating condominiums. The motion to adopt the interim emergency ordinance was passed by a four to one vote with Councilman Silva dissenting., ORDINANCE NO. 759 * * * The Planning Commission minutes of the meeting of September 14 were noted for filing. * * * A report has been submitted by the Public Works Director re Tract 3333 and the proposed widen- ing of Olivina Avenue. The Council continued this item for two weeks until the 18th of Octo- ber in order for more information to be gathered in regard to the condition of the trees, street design, etc. * * * Modifications to the existing lease with Cour- tesy Aviation have been prepared in accordance with the negotiated settlement of the pending litigation with the City. PLANNING COMMISSION MINUTES REPORT RE TR. 3333 OLIVINA AVENUE WIDENING LEASE MODIFICATION (Courtesy Aviation) The City Manager asked that this matter be delayed until October 26, until the City Attorney returns, and the Council agreed to the continuance. * * * CM-24-315 October 4~ 1971 SUBDIVISION AGREEMENT-MAP ACCEPTANCE Tr. 3324 (Sunset Dev.) This item had been removed from the Consent Calen- aar for discussion at this time. In answer to a question on the extensive grading which had been proposed in the tract, the Public Works Director Daniel Lee advised it was well the Council was aware of the extensive grading that had been pro- posed in this tract, however it is in conformance with the grading ordinance which is a chapter of the building code; also, it is in conformance with the cut limitations in the zoning ordinance. There will be grading and when it is observed by the Council they will know it is not creating cuts and fills such as those which had been experienced south of Concannon Blvd. Mr. Lee explained the manner in which the tract would be graded, stating he did not anticipate any problems. Councilman Miller stated that even though the grading conforms to the ordinance, the Council's authority under the Subdivision Map Act gave them this last opportunity to approve or disapprove a sub- division and they were responsible for the final design. He felt the subdividers all wished to have the land flat, and it was wrong to level a tract that has attractive contours and it was the Coun- cil's obligation, in his opinion, to preserve this land, and they should examine the situation and remedy it before there are extensive cuts and fills, as it is an unnecessary leveling of the land. Councilman Beebe agreed with Councilman Miller as far as cuts and fills, and commented that this was a very expensive operation, and felt that if a developer could develop the land as it stands, he would be most happy as long as the roads comply with FHA requirements. Councilman Miller stated the point he wanted to make is that they should take another look at the tract before they approve the sub- division and asked that the matter be continued for a week or two. Mayor Taylor stated that the ordinance tried to avoid large banks which would wash down into the neighbors property, and he felt that the point Councilman Miller was trying to make was that if not so much land were removed, it would be a better subdivision. Councilman Miller also brought up the fact that the spoil area would be in an orchard and the fill would be as high as four to five feet and it is his understanding that if there is more than a foot or two of earth placed around the trees it would cause them to die eventually. Mr. Lee replied that there is no question about it that there will be the removal of many trees even considering the construction of the tract in streets and building locations. The only way this can be avoided is by a cluster type development and the time to discuss that is at the time of the tentative tract map. However, in a tract of this size when it is completed no one will know the difference; to construct a tract of this kind requires quite a bit of excavation, and the developer has complied with all the provisions of the ordi- nance and as far as the Public Works Department is concerned he has satisfied all requirements. Mayor Taylor asked Councilman Miller what he had in mind asking for a continuance on the matter - whether it was to study the map, or just to discuss the item once again, in which event he felt a con- tinuance would be fruitless. Councilman Miller stated the Council had the responsibility for the design and approval of subdivisions, many of which would satis- fy the ordinances - some good and some bad as far as design is concerned, and the Council had the option, by authority of the Subdivision Map Act, to approve the design of this subdivision. Councilman Miller stated he was no longer willing to vote for sub- standard or minimum standard subdivisions in any way, and did not feel that in this City they should have subdivisions which consist of graded flats, and before they decide on this particular map the Council should take a look at it. If the other members of the CM-24-316 October 4, 1971 Council are willing to accept a tract, bull- (Tract 3324) dozed flatand-like it the way it is, they could vote for the final map when it comes up next week after they have had a chance to look at it. In his opinion, the tract is unsatisfactory from a standpoint of grad- ing, and it is his suggestion that they continue the matter until the developer does something about it or they deny it. It is his intention to view the property with a topography map and make an attempt to find out how much grading there will be. Councilman Miller made a motion to have the matter continued for two weeks to study the grading problem, and Mayor Taylor second- ed the motion for purposes of discussion. Masud Mehran stated that with respect to Councilman Miller's ob- jection to the fill, and the removal of existing walnut trees, the northerly section, from an engineering point of view, balances itself and they are not taking soil from the southern portion and adding it to the northern portion. Mr. Mehran added that in the past twenty years their company has gone through a great deal of expense to save every tree they could possibly save for two reasons - one, that they are beautiful, and secondly, they help to sell the houses. The elevation on the northern part will not be changed due to soil removal in any other section; the southern section is a relatively small parcel of land and has one peculiarity, which is that it is bounded on four sides with established grading: on the east it is bounded by the establish- ed grading of Arroyo Road, on the south by Concannon Blvd., on the north the established grade of Vancouver Way, and the west by the established grade of Tract 2914; whatever happens in this tract must comply with all of the other established grades. They do not want to move any more dirt than is necessary, and the fence placements have made some of it necessary in this case. Councilman Miller stated that at the time the tentative map was discussed it was not known that there would be extensive grading, and this is not known until the final map is ready for approval. Councilman Miller continued that his other reason for requesting a continuance is that anyone who proposes any project, upon which the City must take action, is required by the Environmental Quality Act, to file an environmental impact study and there should be an environmental impact study for this subdivision which they should review before they approve the tract. Another reason, Councilman Miller offered, is that we are possibly facing a water shortage, and this would effect the whole City, and until this question is resolved on October 18, they should not approve the tract. It would be foolish to approve a subdivision map at this point if they are not going to allow any more building because of water rationing. Councilman Silva stated in regard to the water problem, he felt the Council would handle any necessity for a moratorium on build- ing by the method of not issuing building permits; therefore, if the final is approved and the time comes when they are seeking building permits, the permits will not be issued; whether the subdivision is approved or not, has no bearing on the water sit- uation. With reference to the environmental impact study, it is something he has read about in the papers, but this Council has not seen any official guidelines and felt they should before it is made a part of the requirement for any subdivision. He felt they should accept the staff recommendation. Councilman Beebe also felt they should accept the staff recom- mendation; he knew for a fact that water stands in some of the areas in this tract and fill is necessary. Mayor Taylor stated that in regard to the environmental impact study, it was brought up at the League of California Cities meet- ing, at which time it was learned from the Attorney General's office that they are in the process of preparing guidelines as CM-24-317 October 4, 1971 (Tract 3324) to exactly what the state law implies as far as requirements of the City would be concerned. It is by no means clear that they can deny a subdi- vision because they do not have this study. Mayor stated he felt they should adopt an environmental element General Plan, but did not think this was the time to discuss Taylor to the it. Councilman Silva moved for the question, seconded by Councilman Pritchard, and passed four to one with Councilman Miller dissenting. The motion to delay consideration for two weeks to study the grad- ing problem failed by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva A motion was made by Councilman Silva, seconded by Councilman Beebe, to authorize execution of the subdivision agreement and acceptance of bonds and acceptance of map of Tract 3324. Councilman Miller commented that the Council had spurned the environ- mental impact study, however Mayor Taylor explained that this was discussed at the Valley Planning Committee meeting and it was heard for the first time by the Council this evening; he felt that it was a very complicated and very important matter and is deserving of discussion by the Council, but could not be done without some study, and he asked Councilman Miller if he was well enough informed to present it to the Council, if it was his intention to have it adopted at this time. Councilman Miller explained that the Environmental Quality Act has been a state law since November 1970; environmental impact studies have been required in the wording of this act since 1970, and until now have been ignored. The fact that the state has not issued guidelines is irrelevant, inasmuch as the requirement is in the statute. What he had in mind is to decide what kind of environmental impact report they should require, and they should not approve the subdivision until they have such a report. The Council did not feel they should continue approval of the tract until the environmental impact study guidelines are ready as that might take as much as a year. Mayor Taylor stated the motion to continue had failed and there was a motion on the floor to accept the map, and asked if there was any criticism of the map or the tract. Councilman Miller questioned the bicycle paths, and Mr. Musso re- minded him that this is a matter to be taken care of at the time of the tentative map, and the final map is only to conform with the tentative. Councilman Miller also asked about the landscaped strip north of the northern portion of the tract, and Mr. Musso stated it was termi- nated at the point indicated according to the decision~ the Plan- ning Commission and the Council. Mr. Musso stated there had been discussion regarding the bike and it was decided to go to the south side of Concannon Blvd. Musso also stated it was his feeling the environmental impact should come at the time of the tentative map rather than with final. trail Mr. study the Councilm.an Pritchard called for the question; the motion was second- ed by Councilman Silva, and passed with Councilman Miller dissent- ing. The main motion then passed by a four to one vote with Councilman Miller dissenting. Mayor Taylor commented that many of the things Councilman Miller raised, he was in agreement with, and felt the environmental impact CM-24-318 October 4, 1971 statement should, in some way, be placed into the subdivision process, but he felt the major impact would apply to the General Plan. Mayor Taylor felt they should consult with the City Attorney regard and perhaps set theIDsue for a public hearing. (Tract 3324 Acceptance) in this RESOLUTION NO. 119-71 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3324 RESOLUTION NO. 120-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3324 Mr. Mehran thanked the Council for acting on this subdivision matter, and commented on the problem of reaching tentative agree- ment, proceeding with the engineering work which must be done and is costly, and stated that changes at this late time would be difficult. Also discussed was the problem with knowing what grading is to be done on a particular site at the time a tenta- tive map is submitted. It was decided that the staff prepare some guidelines for developers to show the type of grading associ- ated with the tentative map they present. The Public Works Director stated that the type of topography that might be encountered in a subdivision would give the Council a clue as to the possibility of grading problems, at which time it might be proper to ask the developer to provide additional infor- mation relative to grading. The responsibility and obligation now falls on the staff at the time of the tentative filing to give the Council an indication of anything unusual. Mayor Taylor stated that the staff could consider this as direc- tion with regard to future subdivisions. * * * Councilman Pritchard inquired as to the dead- line for an issue on the April ballot, however the City Clerk advised she could not answer this without checking the timing. Councilman Pritchard indicated he would like to discuss a new city hall, and was advised that this is included in the capital improvement budget and is to be discussed later. MATTERS INITIATED BY COUNCIL (April Ballot) * * * Councilman Miller stated we are supposed to have a conservation element in our General Plan by 1972, and Mr. Musso advised that the Planning Commission is working on this. (EnVironmental Impact Study) Councilman Miller stated that no matter what mayor may not apply to the subdivisions, the City is required by the Environmental Quality Act to have an environmental impact study for the expan- sion of the sewer treatment plant; in fact, any of the capital improvements will require this study, and they may as well begin now to prepare them. Mayor Taylor stated with reference to the sewer treatment plant, the study was required by the federal statute, assuming that federal monies are to be used. * * * CM-24-319 October 4, 1971 (County Health Councilman Miller said there have been a number Services) of services offered to citizens of Livermore Valley by the County which are no longer pro- vided, particularly the medical services at Santa Rita, and now the people must go to Fremont. He outlined the inconveniences and expense this could involve for low income families; he felt we should request the County to return services which had been previously offered at Santa Rita to our Valley. The staff was instructed to obtain information in this regard. * * * (Lot Splitting) Councilman Miller stated that recently an article appeared regarding lot splits in the Altamont area; som~ by delay of the District Attorney's offic~ exceeded the statute of limitations; there is still one case where the statute of limitation applies and he felt it was the duty of the District Attorney to prosecute a flagrant law violator and suggested that a letter be sent requesting the District Attorney to prosecute illegal lot split cases, and made this motion, second- ed by Councilman Pritchard. Mr. Parness suggested that the City Attorney check into this matter and report back to the Council, and the City Manager was instructed to pass this information on to the City Attorney for a report back as soon as he returns from his vacation. * * * (Cultural Arts Festival) Councilman Miller invited everyone to attend the Cultural Arts Festival which is to be held this coming weekend, and also extended an invitation to the Councilmen and their wives. * * * (Sunken Gardens Mayor Taylor stated there has been a lot of earth- Grading) moving at the Sunken Gardens and hoped that they are being carefully watched by the staff as many of the citizens are apprehensive. Mr. Lee re- plied that everything is alright so far, and the Council directed the staff to obtain a time table from the contractor. In this regard, Councilman Silva stated there is a dust problem that the neighbors have complained about, and asked Mr. Lee to check into this also. * * * (Elected Mayor) Councilman Beebe reminded the Council members that they had expressed a desire to discuss the possi- bility of having an elected mayor, and felt the time was drawing close when they should hold this discussion, and the Council concurred that it be discussed at the meeting of November 22. * * * Mayor Taylor read a press statement which stated, in part, that at the City's request a personal meeting was held between Mr. John G. Lowe, vice president, Pacific Coast territory of Sears Roe- buck, and Mr. Parness, Milt Codiroli, and Mayor Taylor, for the purpose of inquiring as to the status of current plans of the com- pany in acquiring and developing industrial property in the City. Mr. Lowe stated, emphatically, that Sears was in the process of finalizing the purchase of about 200 acres of industrial property (Industrial Development - Sears CM-24-320 October 4, 1971 in Livermore, and the company had every inten- (Sears) tion of developing the land for industrial pur- poses, and it is not true that the planned development has been considered for cancellation, transfer to other sites or consolidation with other company improvements elsewhere. The time of actual occupancy could not be revealed now, but when plans are completed a full detailed report will be made available to the community. * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 10:25 p.m. to discuss appointments to the Beautification Committee and the Airport Advisory Committee. APPROVE * ~ * ~ L May~ cJ~ ;: ~ r~l'<~--ld-c-l,-- n qi ty Clerk L:ilfermore, Callfornla ATTEST * * * Regular Meeting of October 12, 1971 A regular meeting of the City Council was held on October 12, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:20 p.m. with Mayor Taylor presiding. Mr. Gib Marguth, 1152 Farmington Way prAented a petition on behalf of the residents in the area, signed by 135 citizens, requesting the City Council to install traffic control lights at the intersection of Concannon Blvd. and Holmes Street. Concern was expressed that the street design at this intersection is hazardous both and egress, and to the safety of the school children reach Mendenhall School. * * * PRESENT: Councilmen Beebe, Silva, Miller and Mayor Taylor ABSENT: Councilman Pritchard (seated later) * * * . Mayor Taylor led the Council members and those present in the audience in the Pledge of Alle- giance. * * * " I, I' I * * * ( ~ I~. ROLL CALL ~\.''''''i 11 ,..i.\ , ' , ~t... " i',' ~..... . ':~, " PLEDGE 6F :f:; , ALLEGIANCE f ".~"'!," I"~ . .,' M /J.3. l . . .-: " O~EN FOR_ t'Request for Signal- Holmes st. and Concannon Blvd.) as to ingress crossing to CM-24-321 October 12, 1971 (Traffic Signal) Mr. Marguth further requested that the staff be directed to submit a report of the traffic pattern to the Council at the earliest possible time. Scott Piper, 1276 Westbrook Place, stated the people in his area are concerned about the children crossing at this intersection and felt there should be a traffic light there. On motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, the staff was requested to report to the Coun- cil on the intersection. * * * SPECIAL ITEM Mrs. Marge Alderson presented to the Council two purchase awards from the 1971 Cultural Arts Fes- tival. The two paintings were selected by the jury process just prior to the Festival and will hang in the Civic Center as a part of the City's permanent collection. Mrs. Alder- son thanked the Council for their support and reported a most successful festival. * * * COUNCILMAN PRITCHARD WAS SEATED DURING THE ABOVE DISCUSSION. Annual Civic Award Regional Water Quality Control Dist. Hearing Appeal by City (Greenview Racquet Club) Sidewalk Claims * * * CONSENT CALENDAR An invitation was received announcing the pre- sentation of the annual civic award on October 19, by the Fraternal Order of Eagles to H. J. Callaghan, a long time resident of Livermore. J{ESOLUTION NO. 121-71 " ... A RESOLUTION OF COMMENDATION TO H. J. CALLAGHAN " f~ -~ * * * A notice has been received of hearing before the Regional Water Quality Control Board on Tuesday, October 26, Alameda County Public Works Building, regarding the waste discharge requirements for Valley Community Services District. , , , t .~\ " oil<! J * * * The City has submitted an appeal to one of the conditions, particularly the inclusion of a swimming pool and public sewer system on a septic tank for this installation. The appeal will Qe heard on November 4 at 10:30 a.m., before t~ Board of Supervisors. ~ ' . * * * /'I?'J ' ... I The following resolutions were "',o.p.ed rega~ sidewalk claims: ~ , , . RESOLUTION NO ."~122-TI ., A RESOLUTION DIRECTING CL~~K NOT TO FILE CERTAIN CLAIMS ALLEGING TRE~ DAMAGE (Group IV) . - ,', RESOLUTION NO. '123-71 A RESOLUTION DIRECTING CLERK TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE AND DENIAL THEREOF (Group IV) CM-24-322 * * * The following resolution was adopted denying claim for personal injury. October 12, 1971 Claim for Personal Injury RESOLUTION NO. 124-71 A RESOLUTION DENYING THE CLAIM OF ANNA SOLOMON * * * RESOLUTION NO. 125-71 RESOLUTION APPOINTING MEMBER TO AIRPORT ADVISORY COMMITTEE Appointments (Beautification and Airport Comm.) All other appointments were removed from the Consent Calendar for later discussion. 'I, * * Minutes of the Beautification Committee meet- ing of September 21 were acknowledged for filing. Minutes-Beautifi- cation Committee * * 'I, An appeal has been filed by the California PROPOSED BUSINESS Music Merchants Association, Inc., to change LICENSE FEE CHANGE the method of charging a business license fee from the current flat fee rate to a percentage of the gross method. The Chamber of Commerce has also asked to consider the matter and recommends that small coin vending machines be reduced from $30.00 per unit to $20.00 per unit. The Chamber also suggests that non-music devices be reduced from the $40.00 to $30.00. The City Manager concurred in the above recommendation and re- ported a discussion with a representative of the Music Merchants Association, who stated this would be agreeable to them. On motion of Councilman Pritchard, seconded by Councilman Silva, the Council voted unanimously to continue the matter of the pro- posed fee change for non-music devices for further information and to approve the recommendation for the reduced rate for coin operated amusement devices. * * 'I, A favorable report has been received from Local Agency Formation Commission and the Planning Commission on the proposed annexa- tion of Industrial Annex No.6. It is recommended that the proposed annexation be set for public hearing, and on the motion of Councilman Pritchard, seconded by Councilman Silva, and by unanimous vote the following resolution was adopted. PROPOSED INDUSTRIAL ANNEX NO. 6 RESOLUTION NO. 126-71 A RESOLUTION GIVING NOTICE OF THE CITY OF LIVERMORE'S INITIATION ON CITY'S MOTION OF ANNEXATION UNDER THE UNINHABITED ANNEXATION ACT OF APPROXIMATELY 151 ACRES OF LAND, REFERRED TO HEREINAFTER AS THE "INDUSTRIAL ANNEX NO.6", TO THE CITY OF LIVERMORE. * of, * The Planning Director explained that under the APPEAL RE GRANT OF appeal provisions the Council could consider EXTENSION PUD #3 setting a public hearing at which time everyone would be legally notified, or the appeal could be rejected this evening. The matter being CM-24-323 October 12, 1971 appealed is a one year extension of the PUD; this is the main change the Planning Commission made - there were some minor changes - essentially there was a one year extension on the permit. For the most part the single family area - K & B, has been developed as single family; the area to the north is not developed. The property in ques- tion is the multiple area which is under development at the present time on a building permit that was taken out some two months ago. The permit provided a commencement date of 1963 for the entire develop- ment, the completion for single family is to be at the time all the subdivision improvements are in and accepted by the City which has been done; the commercial and multiple require approval for occupancy. The Planning Commission extended the permit for another year and a public hearing was not held as it is not generally required unless the permit has been dormant for some period of time. Councilman Pritchard asked exactly what was being appealed, and Mr. Musso advised that one of the property owners had appealed the ex- tension. In answer to Mayor Taylor's inquiry as to the basis of the appeal, the appellant, Mrs. Lorraine Raison, 5244 Kathy Way, stated she was not a protestor in that sense of the word, but felt it was her duty as a taxpayer to be ever vigilant and she has been watching the development very carefully as they were very unhappy about the density. Mrs. Raison thanked the council for their help in obtaining a park in the area, even though it is small. She stated that she had hesitated to appear before the Council, but did not feel that the developer had lived up to the requirements and recalled Councilman Silva, at the time he was Mayor, telling the developer not to come back for another extension. Mrs. Raison quoted from Mr. Anthony Varni's letter of September 14, which indicated that foundations would be poured and ready for framing on or before September 30, 1971, and the Planning Commission with some discussion and assurances by the attorney for the developer, voted for the extension on September 21 to extend further requests as indicated in the agenda. Mrs. Raison re- ferred to PUD No.3, Item 5 and presented some pictures taken on Sep- tember 30 which show that the foundations were not in, and are still not in, and in her mind they have not kept their part of the PUD. Mrs. Raison asked why they have not done so, and why they have delayed - perhaps the country living which they advertise might not be so apparent if there are apartments built; could it be that the developer plans something other than apartments such as condominiums or townhouses. Mrs. Raison indicated that Mr. Varni's letter of September 14 states that the Monmouth Land company "have entered into extensive negotiations with a proposed purchaser of the apartment project once it is completed, and these negotiations have resulted in a contract under which the units will be conveyed to one owner and be used as an apartment house project immediately upon the completion of construction". Mrs. Raison stated at the time they appeared before the Council it was claimed there was such a need for apartments but nothing has happened until August, and since the company is big enough, why haven't the apartments been built; why are they trying to sell to someone else. ~ Mayor Taylor asked what the basis was for the extension, and Mr. Musso replied simply for the reason the development had not been comp1et~; if they had met all the conditions of the permit, the extension wou1d not have been necessary. Mayor Taylor asked what the status is and if the developer intends to complete the development. Mr. Anthony Varni, representing Kaufman and Broad, stated they had better be ready to proceed as they have already spent $155,000 for building permits for the apartment houses; the foundations will be completed within the next ten days. It was expected that they would be completed on September 30, but after the extension was granted they did not feel there was a big need; the apartment has been sold to a Texas investor as Kaufman and Broad do not retain ownership after an apartment complex is built; it is done for an investment; it will definitely be an apartment house, not a condominium. CM-24-324 October 12, 1971 Jack Phillips inquired if this was the area in which townhouses were requested but denied, but Mayor Taylor stated that an ap- plication was received for townhouses before the City had an ordinance governing townhouse developments. It was rejected on the basis of poor design, and the developer then stated that he would build an apartment house. Mr. Phillips felt that the citizens were misguided into believing that town- house density would be higher when in fact it is lower than apartment houses, according to Councilman Silva. Mayor Taylor summarized that the PUD was up for renewal ap- proximately one year ago; work had been commenced before any East Avenue improvements were made and at that time it was decided to approve the pun. It was controversial and some substantial changes were made but it was approved a year ago, and the landowner has proceeded, and he felt the reason the point has been raised is because there was a completion date of October 1, but the Planning Commission granted the exten- sion before that date, and it is felt that is the last chance the City has to change direction, this is the reason for the appeal. Mr. Lewis stated that the language in the permit is clear with reference to completion; it is a general rule that where a property owner has taken out a building permit and expended money, the zone should not change. In view of the fact that the underlying zoning clearly contains this language, it is good for the landowner to request an extension inasmuch as his underlying zoning was to expire October 1. Mr. Lewis gave his opinion with reference to what the courts would consider in a case such as this. Councilman Miller asked the City Attorney if substantial com- pletion is required for the terms of a contract to be upheld, is it reasonable to say that if foundations have not even been poured, is this a substantial step in issuing of occupancy permits in a completed apartment house. Mr. Lewis replied as to the multiple area, it has not been completed in terms of the permit, and presumed this is the reason for the request for extension. Mayor Taylor asked if the Council could take action any time a development is not completed by a certain date. Mr. Lewis replied they have that power. Mr. Lewis continued that the Wagoner portion has expired and the developer is not asking for continuation of that portion. The situation in this regard is that it reverts to the underlying zoning and in order to build anything other than what would be allowed by the underlying zoning, they would have to apply for a new permit. They are asking for an extension of the front portion - the commercial and multiple. Mr. Lewis stated that the date of appeal was prior to the expiration date; administratively that has been considered a timely request for continuance, and even though the final action may not have occurred until after the date of expiration, the Council has said that was proper in itself. Mr. Musso explained that the Planning Commission extended the entire permit and did not allow the back portion to expire. . Councilman Miller read the relevant portion involved in the question - A.5 of the permit in which the expiration date was October 1, stressing that completion for the multiple was re- quired by October 1, 1971, and he did not feel the development was even near completion, as the forms are only on a part of the area involved, there is nothing on the other portion. He CM-24-325 October 12, 1971 felt that this was essentially a contract and the developers have failed to live up to the agreement; almost all of the public testi- mony the last time was in opposition to high density multiple and in favor of RG-10; the Council allowed it to remain as it was, but the point is that they now have the opportunity to reconsider some- thing more consistent with the General Plan. Councilman Miller continued that this permit has continued for nine years, and there have been many special privileges, in his opinion, associated with the permit such as the inclusion of three hundred 6000 sq ft lots, four years after the City abandoned that size lots. He felt the issue was the general plan and density, and consideration should now be for RG-10 zoning. He felt that the money spent for permits could be refunded as they have not kept the terms of the contract, and did not feel it would be unreasonable to rezone the whole area RG-10. Councilman Silva stated he did make the remark to Mr. Varni that he not come back, but not for the reason stated that the density was too high, but because he did not want to go through another evening such as they were now doing. If they uphold the appeal, and revert the property to the original zoning, he would, if an identical pro- posal came before him, vote for it, so he saw no reason to uphold the appeal; therefore he supported the action of the Planning Commission and made a motion that PUD No. 3 be extended for one year and deny the appeal. This motion was seconded by Councilman Pritchard. Councilman Beebe stated that Mrs. Raison had made her point, that being that the developer has not lived up to the agreement, but K&B were not the original developers nine years ago. He felt that we should vote on the motion, so moved, seconded by Councilman Silva. Councilman Miller made a motion to amend the motion, however, as a point of order, a vote was taken on the motion to the question, and the motion passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor Mayor Taylor stated that the time for the City to decide what they would or would not have in the area was almost a year ago; the Planning Commission considered only the question of whether the developer intended to go ahead. If not, then they should consider changing direction, but it is obvious to the Planning Commission that the developer intended to proceed as planned. They may be able to find a loophole, inasmuch as the foundations are not com- plete, and require the developer to tear out the pipe, and the forms and public works improvements, but in his opinion the people would think that to be wasteful. He was sure in his mind that it is the intention of the developer to build apartments with a density of 14.6. He felt that it was too late to pull the rug out from under the developer, and would reluctantly vote for the motion. Councilman Pritchard seconded the Mayor's comments, and agreed that it was too late now as the extension has already been granted. No one was arguing about the completion; likewise what would they put there at this time. With reference to the general plan, he asked the Planning Director about the overall density, to which Mr. Musso replied it was 4.5 per acre according to the general plan. The plan has recently been amended to 4 d.u./acre. Councilman Miller stated that times have changed, the general plan has changed, and density has changed. Four point zero d.u./acre is the density that should be there now. The time to decide is each time as things change. They cannot live with decisions made ten years ago. CM-24-326 j~~LY-- 'i~~. J.~t 7,L f5~~:C"'fa;;y~~ [CJ1Y,,'.// cr.-<-<.T to' ~ / /TIc.J.L-. -" ,4 t" . --'i?L<--<~ ,~~..,(/. ~ >.f~. .-PL." (/~<.~, October ~~~~::N SILVA:::: M:~~:~:~ ~ Councilman Miller continued that the amendment he would like was that RG-10 zoning be placed on the piece of property that has not been commenced and that a condition be put in the per- mit, and recorded that this will not be divided as condominiums. Councilman Beebe commented that the urgency interim ordinance should take care of the provision with regard to condominiums. A vote was then taken on the main motion and passed by the following vote: AYES: Councilmen Beebe, Pritchard and Mayor Taylor NOES: Councilman Miller ABSENT: Councilman Silva of, * of, After a brief recess the meeting reconvened with all present. 'I, 'I, * APOSTOLIC FAITH TEMPLE APPEAL The Conditional Use Permit application of the Apostolic Faith Temple, denied by the Planning Commission and appealed to the City Council, was continued from the meeting of September 20 so further information could be obtained from the staff on the question of the applicant's use. Mr. Musso reviewed the original recommendations of the Planning Commission. The application was denied based on two main points: first, the question of the effect on the development of the ad- jacent property and, next, the ability to develop the adjacent property. Since it is a long, narrow strip, it was felt that the activity associated with the church would affect the adjacent property. The most favorable location for the building and park- ing was never resolved because the application was denied. The next question that was discussed was the effect of traffic on the adjacent properties. The Planning Commission discussed the possibility of closing the Dogwood entry completely, except for emergency access. The possibility of using it only for entry, or exit only, was also considered. Again that was not resolved because the application was denied. Mr. Lewis affirmed his previous advice that it would be impro- per to deny the use on the basis that the other r.arce1s would be landlocked. As long as the lot is "buildable " he felt that excluded the problem of the other lots. However, as in any conditional use, the Council does have the prerogative to re- view whether it is proper for the neighborhood. Mr. Jan Schuyler, attorney for the applicant, made these points: (1) His client will meet all reasonable requirements placed on it by the City of Livermore; (2) They will, if it is a require- ment, dedicate a strip of property on Dogwood to the City in order to relieve traffic congestion and agree to maintain that strip; (3) If it is felt that there may be an access problem to neighboring lots, his client is willing to agree that neighboring lots may use his access to gain access to their lots. Councilman Miller offered a motion that the application for a conditional use permit be denied because the narrow lot makes it incompatible and detrimental to adjoining property. Councilman Pritchard asked why it would be detrimental and Councilman Miller replied that he felt the church would be too close. Councilman Miller's motion died for lack of a second. CM-24-327 October 12, 1971 Councilman Silva said that he wanted to take a really close look a~ the plot plan, the layout of the proposed construction, loca- t1on, access, etc. If the applicant is willing to bend over back- wards for this application, he felt the Council should look at the application and see what he proposes; whether traffic is really a problem. Mayor Taylor said that he thought that the main point as far as the effect on adjacent property, was setback and asked if there were any other considerations. It was determined that the CUPs are normally subject to design review. The subject of traffic congestion was raised by Councilman Pritchard who pointed out that all churches in residential areas raise congestion problems. If churches ~rea11owe~ in residential areas, traffic congestion can't be taken 1nto cons1deration. Mayor Taylor said that we should make sure that, when church~s are in a residential area, they should have ac:ess to a street des1gned to handle more traffic than ordinary ne1ghborhood streets. He believed the access to Olivina Avenue should be satisfactory. Mayor Taylor said that the Planning Commission had originally denied the application on the basis of the landlocked parcels; however, since the City Attorney stated that was not a consideration, Mayor Taylor could see no reason to deny the use. Mr. Musso presented a sketch of the proposed use and stated there was adequate parking for the size of the assembly room. Mayor Taylor asked if the 10 ft setback could be increased. Mr. Musso said that it could if it was a requirement of the CUP. Mr. Musso suggested that the building be relocated toward 01ivina Avenue and away from the homes. The question was raised as to which would be more disturbing to the neighbors....the noise associated with ingress and egress to the parking lot, or the building itself. Mayor Taylor inquired, if the property were to be used for residential use, what would the setback be? Mr. Musso replied 5 ft. Councilman Pritchard moved that the conditional use permit be granted subject to site plan approval and any conditions that the staff may wish to recommend. Councilman Silva seconded the motion. Mr. Musso read the conditions that the staff had imposed previously. Conditions imposed by Council were: setbacks (want to see site plan first); no windows on the easterly side; heavy screen planting where lot is close to neighbors; and that we accept the offer of a dedicated strip which they guarantee to maintain with emergency access (later dropped). James Latham, 484 Meadowlark, said that he believed that the Planning Commission denial was not based on the so-called landlocked lots but on the principle that the land as a whole could not be developed in an orderly fashion. He also discussed the site plan: what is worse, the building (whatever the setback) or cars within 5 ft of a backyard fence. So, regardless of where you place the church on this lot, you are going to have noise and pollution problems for the adjacent land owners. He believed that the orderly development of the City of Liver- more should also be a consideration. Mrs. Bruce Page, 468 Meadowlark, stated that she was very much against the church only being 10 ft away from her fence, her last bedroom is 16 ft from the fence. She has 4 children and likes to use her back- yard but feels that she will not be able to with the church. She also mentioned that there are 15 kids in the neighborhood and all bedrooms face the back. . / Mr. Marion Ste1ts of 547 Nightingale said that he believed the dis- cussion had indicated that this was a very difficult lot to put a church on. This problem could be alleviated if the lot were a dif- ferent shape, even if it were the same size. He did not believe that there would be any solution that would be truly satisfactory to both the church and the neighbors. He wondered if the application CM-24-328 October 12, 1971 was for a CUP for a home business, would it be granted. He believed these conditions would be completely unacceptable for a home business. So we are then in a matter of whether a church should be allowed to inflict itself on the neighbor- hood on this small a lot just because it is a church. Jan Schuyler, attorney for the applicant, pointed out that the property already has a high board fence on the right. Parking is provided completely in excess of the needs of the property. At the present time there would not be more than six cars using the lot, yet 30 spaces are provided. He did not believe the question of orderly planning of the whole area is really at issue here, since a single family dwelling would have been approved which would have been even closer to the abutting property than the church. They have provided that there will be no windows in the design of the building so that it will be virtually soundproof. The question of whether a business would be approved is not relevant; the particularly relevant question is the question of religious freedom. Don King, 439 Oriole, said that when the Planning Commission first studied this program they worked directly with Mr. Hill and came up with a variety of site plans. In his opinion, Mr. Hill received an excess amount of consideration due to the religious aspects involved. But even then, the Planning Commission could find no value, and so voted. As stated before, the location and layout are limited and meet only the minimum requirements. A precedent of poor planning does not give one an inherent right to do it again. As a potential neighbor to the church, he opposes it because it is not compatible with the neighborhood. He believes it will adversely effect property values and restrict other home development in the area. He pointed out that they had pre- sented a petition opposing the church with 50 signatures. He felt that a 20 member, do-it-yourself, church on a dead end alley would not be welcome in the area and asked that the appeal be denied. Reverend Hill, 346 Robert Way, feels that the neighbors did not object to the church itself, but rather, wanted a mini- park. Since the church is a property owner, he felt that their right is just as important as the right of the neighbors. Rev. Hill said that they are willing to move the building on the lot, and that they will not object to anything that is reasonable. Rev. Hill also made the point that he is a builder and will see that the job is done right. Councilman Silva brought up the subject of providing an ease- ment on the church property to the landlocked parcels. He was advised that such could not be required but that the church could offer the easement. If accepted, we then have an obligation to maintain it, according to Mr. Lewis. The matter of the easement was dropped. Councilman Silva pointed out that according to our ordinance churches are allowed under CUPs in our residential areas. No matter where the church is placed, there would be opposition. Councilman Miller stated that the point raised by the neighbors and the Planning Commission is that this particular lot is just not suited for a church because it was too close to the neighbors. Mayor Taylor called for the question and the motion passed 4-1 with Councilman Miller dissenting. The site plan, when ready, is to be placed on the Consent Calendar for the City Council. * * * CM-24-329 October 12, 1971 Mr. Musso explained that the matter has been pending for a period of time. The main issues were the pos- sibility of amending the rear yard and site coverage requirements on the property. The Planning Commission considered many alternatives relative to the lot cover- age requirement which is probably the major issue. Final conclusion was that there should be a 25% coverage, which may be increased to 35% two years from date of final inspection by the City Building Department. The other major proposal was to average setbacks with 10 ft minimum and an average of 25 ft. In side yards, in some cases, a minimum of 10 ft is allowed, total 24 ft. Their feeling was that the side yard and the rear yard could be comparable and still have a relationship of one house to another. More important was the actual amount of rear yard that is available for use and that is why the 25 ft average was proposed. Also proposed: a requirement that at least one side yard be graded and maintained in a manner so as not to pre- clude access to the back yard; eliminating off-street parking in RS zones is also proposed. ZONING ORDINANCE AMENDMENT RS DISTRICT Further discussion disclosed that backing houses could each have a 10 ft setback with a total of 20 feet between bedrooms as is now the case in some side yards. Even though the average has been increased, people are still being put very close together. It gives variety for design of the houses and prevents the little square box. Councilman Silva said that he would rather see a minimum of 15 ft. He felt that the important things are the side, front and rear yard setbacks and not the 25% site coverage. With a flexible setback in the front and rear yards (15 ft/35ft), it might produce 25% site coverage. The additional setback for two story houses would remain the same. He proposes a flexible front and back yard setback with 30% site coverage which would also increase side yard setback. Councilman Beebe said that he felt that the 25% coverage for a single family dwelling on a 6500 sq ft lot was about right but that it was restrictive on a two story house. Councilman Pritchard moved to accept the Planning Commission's re- commendation for a change in the RS ordinance; seconded by Council- man Miller. I In response to a question from Councilman Beebe, Mayor Taylor said that he felt the Council might consider giving at least partial credit for the second story (like half) in the RS4 zone. The ordinance as written will just not permit two story homes. A discussion followed as to who had developed under RS and Mr. Musso said that generally he believed all developers had some experience. Councilman Silva asked for an amendment disregarding 25% floor area coverage and substituting 30% site coverage and having a total of 50 ft setback divided between the front and back with a minimum of 15 in either; seconded by Councilman Pritchard. Following discussion, Mayor Taylor called for the question and the proposed amendment failed 4 to 1 with Councilman Silva in favor. Mrs. Charlene Kehret, 1256 Marguerite Street, read aloud the letter dated 6 October 1971 from the League of Women Voters of the Livermore- Amador Valley to the City Council regarding the RS ordinance urging that the present ordinance be used to provide imaginative and creative housing. Councilman Silva offered another amendment to change the 25% to site coverage from floor coverage; seconded by Councilman Beebe. After discussion, the question was called for and the amendment failed 3 to 2 with Councilman Silva and Beebe in favor. CM-24-330 October 12, 1971 Councilman on wording ordinance. Councilman Beebe later made a motion for a staff recommendation so as to provide a variety of housing in the RS Motion seconded by Councilman Silva. Passed 3-2, Miller and Mayor Taylor dissenting. * -k 'I, George Musso gave an oral report on the three agency study (Livermore, P1easanton, Alameda County). The intent was to reconcile the differences between the sign ordinances as they relate to highway-oriented signs. The County Planning Commission treats signs more restrictively as they come in proximity to the freeway. The City of P1easanton, except in certain zones, has no special requirements for signs in proximity to the freeway. The City of Livermore becomes less restrictive on signing as the signs approach the freeway. During these meetings it became apparent that the other two jurisdictions were satisfied with their ordinances as they existed. The County Planning Director is to write a letter summarizing the situation but this has not been received as yet. The Livermore Planning Commission is now recommending that no change be made in the sign ordinance as it relates to signs in proximity to the freeway. ZONING ORDINANCE AMENDMENT RE FREEWAY ORIENTED SIGNS Councilman Beebe made a suggestion that the zoning ordinance, Section 21.76(g) 7, be amended as follows: any sign that is less than 50 ft from the freeway may be 64 sq ft; any sign that is between 50 and 500 ft from the freeway may be up to 175 sq ft depending on the square footage of the building, 50,000 sq ft of building being the minimum requirement for eligibility for the larger sign. Councilman Miller made a motion to table the discussion to check the square footage of the Holiday Inn, motion to table failed for lack of a second. Councilman Miller asked Councilmen Beebe and Pritchard their objections to the sign at the Holiday Inn. Councilman Beebe said that the sign cannot be seen; Councilman Pritchard replied that the 64 sq ft pole sign is ineffective for what they are trying to accomplish. Some discussion followed as to whether the color of the sign was a factor in its visi- bility. The suggestion was made that the signs might be keyed to assessed valuation. Mr. Lewis commented that the assessed valuation of many buildings is not known until the March following when it is put on the tax rolls. A motion was made that a hearing be set for 8 November on possible amendment to the ordinance re freeway-oriented signs and the motion passed 3-2, Miller and Taylor dissenting. ,,- * * this matter A report has been received from the Planning Commission regarding a proposed General Plan amendment for the Livermore Trai1way System. It was unanimously agreed that a hearing on would be set for 1 November. LIVERMORE TRAILWAY SYSTEM ,,- ..J.. " 'I, A rezoning application has been received from Dan Enos asking for permission to change the zoning on the property located at 603 Enos Way from RL-6 to RG-16. A report was also sub- mitted. Unanimously agreed that a public hearing would be set for 1 November. REZ ONING ENOS PROPERTY 'I, of, 'I, CM-24-331 October 12, 1971 PLANNING COMMISS ION MINUTES POLICE OFFICER EMPLOYMENT Planning Commission minutes for the meeting of September 21 and an excerpt of action taken at the meeting of October 5 were noted for filing. of, 'I, * Mr. Parness reminded the Council that the 1971-72 fiscal budget allows for the addition of two police officers as of January 1, 1972. This date was selected because the budget would not permit a full fiscal year employment. Mr. Parness then presented a report from the Police Chief detailing how these officers could be hired on November 1 without any extra expense to the City. The manpower shortage in the Police Department due to community growth, train- ing, sick leave, vacations and comp time was also detailed. Councilman Pritchard moved that the Council authorize the employment to the two police officers effective November 1; seconded by Councilman Beebe-passed unanimously. of, of, * "J" STREET Jack Phillips, 551 North P, said that he did not BEAUTIFICATION believe that the J Street beautification project was worthwhile. He said that there is another "beauty spot" on the same block, the cost a year ago was $5,000 and he believes there is a limit to what the taxpayers can put out. He suggested that the Beautification Committee be disbanded and urged the Council not to appoint any more members. Discussion followed about other recommendations of Ribera and Sue. Mayor Taylor said that he would be in favor if he felt that it would help the City, keep the downtown area from dying, and bring a return. Councilman Pritchard pointed out that the matter had been referred to the voters as part of a package and had failed. Moved by Councilman Silva that the matter be referred to the Chamber of Commerce for the opinion of other businessmen and to the City Manager for preparation of cost estimatesr Seconded by Councilman Beebe. Motion passed 3-2 with Council en Pritchard and Miller dissenting. -.ii. ~~~ "- of, * 'I, eL.LA n, ({' . ~~ ;i:;j2))~k cdZ.:i... George Musso reported that the Board or Supervisors has reversed the recommendation of the County Planning Commission relative to the rezoning of the Redmond property located adjacent to the Civic Center site and requested for commercial zoning. Suggestion was made and agreement reached that a letter of thanks be sent to the Board of Supervisors and a separate one to Supervisor Murphy. REDMOND PROPERTY (CO. REFERRAL SO. LIVERMORE AVENUE) URGENCY ORDINANCE NO. 759 'I, * * Mr. Lewis asked that Urgency Ordinance 759, title only, be read and discussion followed regarding the ordinance. Mr. Lewis said that we cannot, under the law, prohibit the subdivision of air space. All we apply regulations to the basic lot itself which is the the ordinance. can do is intent of CM-24- 332 AN ORDINANCE OF THE CITY OF LIVERMORE PROVIDING, AS AN URGENCY MEASURE, FOR THE INTERIM PROHIBITION OF SINGLE-FAMILY CONDOMINIUM RESIDENTIAL USES IN CERTAIN MUL TIPLE ZONES UNLESS SUCH MEETS THE REQUIREMENTS OF SECTION 21.90 OF ORDINANCE NO. 442, AS AMENDED. . October 12, 1971 Moved by Councilman Miller that we accept it, seconded by Councilman Beebe, passed4-1, Councilman Silva dissenting. Mr. Lewis went on to explain that the intent was to set out the condominium as a single family use. Mayor Taylor said that he had no objection to the division of present apart- ments into condominiums since it is an existing building and whether the person who lives in it owns it or rents it did not seem pertinent. He voted for this because he felt the intent was to prevent future land use in conflict with con- templated zoning. * 'I, * BOARD OF CONTROL MTC Mr. Parness reported that Chairman Bort of the Metropolitan Transportion Committee has finally relented and agreed that our request for representation on the MTC Board of Control was reasonable. But, rather than just add members to the Board, he is recommending that the Joint Exercise of Powers Agreement be amended whereby we become a signatory. This will mean that we will have to contribute something to the study. The amount suggested for contribution from P1easanton and Livermore is $1,800 each in services for a one year period. This amounts to a very nominal $150 per month for us to realize since our staff will be active participants in the study. Mr. Bort's argument is, and Mr. Parness subscribes to it, that this way we will be full-fledged members of this Board of Control team which is so important in this major undertaking, a 1/2 million dollar study. Councilman Pritchard emphasized the reasoning for this is merely to protect our interests in whatever these people might do which will end up taking our tax dollars. City Council unanimously agreed to this in-kind services arrangement. 'I, * * REQUEST FOR PEDESTRIAN CROSSING Councilman Pritchard mentioned that there are many small children going back and forth to the store at the corner of Las Flores and Bluebell. He asked for consideration of a painted crosswalk plus posted speed limit since, hopefully, there will be more commercial enterprise there which will increase the traffic. 'I, 'I, 'I, Councilman Silva initiated a discussion re- garding parallel signs. He would like to encourage the construction of businesses downtown having a setback of 15 to 20 ft with a nice land- scaped area. However, with a setback, you really can't see the sign until you are right on it. He suggested that if we would allow a sign to be placed perpendicularly, it might encourage more of the businesses downtown to set back. It was agreed that the Council would consider this and discuss it at a later meeting. PARALLEL SIGNS * 7( * AB 1057 REGIONAL GOVERNMENT included in a Councilman Silva made the point that the League of California Cities feels very strongly about AB 1057 and asked that a copy of our previous correspondence be forthcoming agenda. .J~ " * ,'\ CM-24~J33 October 12, 1971 CIVIC CENTER GRADING Councilman Miller said that he had more than one complaint about the amount of fill being removed from the civic center site. This amount is re- ported to be substantially in excess of the amount of grading that was agreed on. It was pointed out that this matter had been brought up previously and the staff was instructed to check on the situation. Mr. Lee said that he had been in touch with the Division of Highways and they are approaching the 120,000 yards of rock they were authorized to remove. He reminqed the Council that there was a provision that the Highway Department could take out an additional 70,000 yards if they replaced it with suitable material. A discussion followed as to what would be a suitable replacement; something that would grow things, contain less rock than the material there, drain well, etc. Mr. Lee stated that he had written a letter instructing the Highway Department not to take any more material after the 120,000 yards until we had a formal amendment to the agreement. No reply has been received as yet. * * * DEVELOPERS Councilman Miller commented on an article in a DONATING recent issue of Business Week magazine ~e1ating to SCHOOLS developers donating schools, not only sites, but schools. Apparently San Die~o has something in one of their ordinances which says if there aren t any schools available, no subdivision. * * * SOUTH BAY Mayor Taylor reported that he attended the South Bay DISCHARGERS Dischargers briefing for a very preliminary look at the way the report is going. The final report is due in February. The interesting point is that all the alternatives they quoted showed no pipe line export of sewage from the Valley. The final report may be different but that has very large implications to our future. * * * COST/ BENEFIT DEVELOPMENT Mayor Taylor discussed the report presented at the League of California Cities meeting by the City Attorney of Ra10 Alto and a number of other people. They thought that any city with large amounts of land yet to be developed should look at it on a cost/benefit basis. In regard to the land north of Livermore, perhaps we should get somebody to look at development of that large area or some portion of it from the point of view of how it will, or will not, benefit the City economically. After considerable discussion, it was agreed that Mr. Parness should inquire as to the cost of the study done for Palo Alto and ask for a copy of the study. * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:40 a.m. for an Executive Session regarding Committee appointments. APPROVE ATTEST * * Cit Clerk California CM-24-334 Regular Meeting of October 18, 1971 A regular meeting of the City Council was held on October 18, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva Miller and Mayor Taylor ABSENT: None * * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Alle- giance. * * * ROLL CALL PLEDGE OF ALLEGIANCE Gordon Smith, 5262 Irene Way, complained about the portable school buildings which are being built in the City, and felt these were being set up with no regard to zoning ordinances. It is understood that these were temporary buildings but Mr. Smith stated that many times temporary buildings remain for years and felt they were a detriment to the surrounding homes. He wanted to know what the City planned to do about this problem, and presented to the Council several pictures of the portable schools which are now in existence, and others which are being erected. It was Mr. Smith's feeling that there should be public hearings and that plans should be submitted by the schools before they are allowed to place the portables, and felt that the City should have some control over this type of development and asked that this be taken into account. OPEN FORUM (Portable School Buildings) Mayor Taylor stated that he would ask the Planning Director for a report in this regard. Councilman Silva asked the City Attorney if it was true, according to State law, that the City had no jurisdiction in these matters, however Mr. Lewis stated that was not quite true; in some circum- stances the School District could override anything the City might have to say, and felt it was a good idea for the Planning Director to submit a report, and also contact the School District for a re- port with regard to their plans. * * * Roger Anderson, 4354 Guilford Avenue, referred to a newspaper article concerning an effort in Danville to curb petty thievery. A local civic group suggests the purchase of marking tools so that readily portable, high value items, could be marked with an individual's driver's license number which would immediately iden- tify the item. He stated there was an article about such an oper- ation in the east, and in addition, there were decals indicating that the items in the home were marked for easy identification. He suggested that possibly a similar thing could be done in Liver- more and it would be relatively inexpensive and explained how it could be done. The Council concurred it would be worth investi- gating. * * * The 1970 Uniform Building Code has been review- ed by the Board of Appeals, and notification given to all interested parties, and Mayor Taylor opered the public hearing at this time, however, (Suggestion for Curbing Thefts) PUBLIC HEARING RE ADOPTION UNIFORM BUILDING CODE CM-24-335 October 18, 1971 (Public Hearing and Ordinance Uniform Bldg Code) there were no comments, and on motion of Council- man 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, the read- ing of the ordinance was waived, and the ordinance amending Ch. 6 of the Municipal Code of the Uniform Building Code was adopted. ORDINANCE NO. 760 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 6, RELATING TO BUILDINGS IN GENERAL, OF THE LIVERMORE CITY CODE, 1959, BY REPEALING THE ADOPTION OF THE 1967 EDITION OF THE UNIFORM BUILDING CODE, TOGETHER WITH ALL INDEXES AND APPENDIXES THERETO, AND ADOPTING THE UNIFORM BUILD- ING CODE, 1970 EDITION, INCLUDING STANDARDS AND THE 1971 SUPPLEMENT TO THE UNIFORM BUILDING CODES, TOGETHER WITH AMENDMENTS AND ADDITIONS THERETO, AS SPECIFIED IN THIS ORDINANCE. * * * CONSENT CALENDAR A communication re AB 1735 was received from Sena- tor Clark L. Bradley, on the subject of railroad right-of-way in an assessment district. Council- man Miller remarked in this regard that Senator Bradley regularly opposes everything the City requests, and suggest- ed that perhaps a communication should be directed to the Assembly and Senate people involved in reapportionment, asking for assignment to a more responsible senator in another district, however the other Council members were not in complete agreement, and Mayor Taylor stated that they have already taken a stand that the Valley be re- presented by a single senator. Communication re AB 1735 Mr. Parness explained that there may be some underlying factors that prompted the Bill being introduced and did indicate that there may be some problems in the future if the Bill is adopted because there is inference that a specific benefit must be indicated that a railroad might accrue, however it cannot be determined what the need is for the Bill. Mr. Parness did state that utility pro- perty has always been assessed at a higher amount. Agricultural Preserve Withdrawal (Flynn) Acceptance of Tract 2927 (Granada Sales) Departmental Reports CM-24-336 * * * Councilman Pritchard asked that the item regarding a communication concerning a request to withdraw certain property from an agricultural preserve (Flynn) be withdrawn from the Consent Calendar for later discussion. * * * RESOLUTION NO. 127-71 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 2927 (Granada Sales, Inc.) * * * The following departmental reports were received: Airport - activity and financial - September Civil Defense - quarterly - July/September Fire Department - September Golf Course - September Library - quarterly - JUly/September Police and Pound Departments - September Water Reclamation Plant - September October 18, 19TI Councilman Silva stated that with regard to the (Civil Defense Rpt) Civil Defense report, he noted that volunteers were dropping out as they felt it was a waste of time to participate because the equipment was so old, and felt it would be appropriate to investigate the cost of new equip- ment. A report will be prepared for discussion at the study session for capital improvements. * * * RESOLUTION NO. 128-71 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3342 RESOLUTION NO. 129-71 Resolutions re Tract 3342 (Hofmann Company) RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3342 RESOLUTION NO. 130-71 RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED The quitclaim deed is required by the title company and has re- ference to the Murdell Lane alignment recently deeded to the City and made necessary by the County's insistence that Murdell Lane be shifted to the west. The alignment agreed upon is rededicated as a part of the subdivision map. With regard to Resolution No. 128-71, Councilman Miller indicated he would vote in opposition of this item due to the impending water shortage if the three were not together. Barry Scherman, a representative of Hofmann Company, asked Council- man Miller his reasons for this remark, and Councilman Miller re- plied that he did not feel they should approve final maps for the reason he stated, inasmuch as there is an implication that they would be allowed to build, and they may not be allowed to build, and he felt they should be made aware of this possibility. * * * Minutes of the Planning Commission meeting of October 5 were acknowledged for filing. Minutes - Planning Commission * * * One hundred fifteen claims, dated October 15, Warrants and Payroll in the amount of $119,119.73, and two hundred thirty-eight payroll warrants in the amount of $56,785.69, dated October 8, 1971 were ordered as approved by the Finance Director, for a total of $175,905.42. Councilman Beebe abstained from Warrant 831 and Councilman Silva from Warrant No. 789 for their usual reasons. * * * A motion was made by Councilman Silva, seconded by Councilman Beebe, and passed unanimously, to approve the items on the Consent Calendar with the exception of Item 2.2 which had been removed. Approval of Consent Calendar * * * Robert Allen 223 Donner Avenue, commented on the Airport Activity Report, and asked if the total number of operations could be included, however Mr. Parness advised that we do not have the staff to do this, and the status report is taken by FAA once a year by their staff. Comments re Airport and Golf Course Rpts, CM-24-337 October 18, 1971 (Golf Course Report) Welcome to Girl Scouts COMMUNICATION Central Labor Council REQUEST RE HALLOWEEN COMMUNICATION RE REDISTRICT- ING Mr. Allen also commented on the Golf Course report, stating that it appears that the deficit is in- creasing, and suggested that the City pursue the possibility of leasing this facility. * * * Mayor Taylor extended a welcome to members of Girl Scout Troop No. 833, who were visitors at the meeting. * * * A communication was received from the Central Labor Council of Alameda County requesting an opportunity to address the Council re League of California Cities. They have since asked that this item be continued until November 8, and after some discus- sion by the Council the item was continued until that date. * * * A request has been received from UNICEF Committee Chairman requesting the City to retain October 31 as the traditional Holloween day instead of a change from Sunday to Saturday. It was the consensus of the Council to make no change. * * * A communication was received from Supervisor Murphy with a request for submission of any comments the City may wish to make regarding the redistricting of the County and the First District area. Mayor Taylor commented that the Valley Planning Commission received a similar letter and agreed unanimously to support Supervisor Murphy. His district, as proposed, contains about 26,000 more people than the other districts, and in the interest of fair representation Mayor Taylor felt they should support his position. Mr. Parness explained that, essentially, what Senator Murphy is suggesting is that the half of Union City that is now contained in the First District be removed and reassigned from his district. A motion was made by Councilman Beebe, seconded by Councilman Miller, and approved unanimously, to support Senator Murphy, and also that redistricting be done every five years instead of ten. Mayor Taylor had planned to attend the meeting of the Board of Supervisors on behalf of the Valley Planning Commission and stated he would also represent the Council. * * * The City Manager reported that this matter had been postponed from the meeting of October 13, to allow time to obtain more information about the effect of a reduction in the rate that had been recommended by him on the coin operated amusement devices. The California Music Merchants Association had asked that this be considered by the City Council as they were not aware of the new City ordinance which rather substantially increased the rates on the machines. The rates are set at $40.00 for pinball ma- chines and pool tables and $30.00 on all other types of amusement devices. As a result of a survey it was determined that the major- ity of cities did base the rate on a flat fee rather than on gross receipts, however that our rates were much higher. It was suggested that a flat rate be assessed at $30.00, and the question was whether REPORT RE BUS INESS LICENSE FEE AMENDMENT CM-24-338 October 18, 1971 or not there should be a $10.00 reduction pro- (Business License portionately or that all devices and games be Fee Amendment) reduced to the common base of $30.00. In accord- ance with the Council's instructions, it has been found that the difference of revenue would be only $95.00 if the business license fee is reduced $10.00 on each of the two plans rather than a flat $20.00 a year for all. It is recommended that a flat rate be used. Councilman Beebe made a motion, seconded by Councilman Pritchard, that the staff recommendation be adopted. Councilman Milley commented that our rates are comparable to other cities, and since we cannot raise any of the business license rates, we should not lower them until next year; there have been public hearings on the business license fees, and at the budget session they argued over items of $100, so he felt the rate should be retained for this year. A vote was taken on the motion and passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * The City Manager reported that a confirmation was necessary regarding action taken by the Council many months ago upon their approval of extending the water line on East Avenue from Mitra Street easterly to serve the pro- perties along Research Drive. The contractual obligation was assumed by Mr. Ed Hutka from the original developer, and in negotiating the settlement it was agreed that he would pay the full cost for an 8-inch line extension along the full property frontage of East Avenue, but in return he asked for a benefit dis- trict to be formed which would cause a reimbursement to him of 50% of his cost over ten years for properties on the north side of East Avenue whenever they chose to hook up. The staff recom- mendation is for the adoption of a resolution establishing a bene- fit district. REPORT RE EAST AVENUE WATER BENEFIT DISTRICT (Hutka) A motion was made by Councilman Silva, seconded by Councilman Pritchard, and approved unanimously to establish a benefit district as recommended. RESOLUTION NO. 131-71 A RESOLUTION ESTABLISHING THE EAST AVENUE WATER LINE EXTENSION BENEFIT DISTRICT. * * * A report from the Public Works Director re Olivina Avenue tree status was due at this time, however the attorney representing the Hagemann property owners asked that the matter be continued until December 6. REPORT RE OLIVINA AVE TREE STATUS On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the matter was continued until the meeting of December 6. * * * A decision as to the possible location of a small park site was held in abeyance pending a decision on the application of the Apostolic Faith Temple, which had been decided, and Coun- cilman Miller felt that the City should acquire available for a park, and since there are trees site, felt that at least a portion of that site REPORT RE PARK SITE ACQUISITION one of the sites on the Dogwood should be acquired. CM-24-339 October 18, 1971 (Park Sites) Mayor Taylor felt that the issue was the policy of the Council regarding the acquisition of small park sites, especially since LARPD has indicated they are not interested in acquiring or maintaining such parks. He was concerned that if money is spent for maintenance, it would mean less money would be available for acquisition of park land in the future. Councilman Miller stated they should acquire the land and he did not feel this would be a burden since the people in the area had indicated the desire to maintain the park. Perhaps some future Recreation Board will decide differently. If the City loses the chance to acquire the property, it is gone forever, and there about six such sites in the older part of town which might be necessary since there is no property available for large sites. Mayor Taylor suggested that this matter be discussed once more with the Park District inasmuch as they have been discussing park de- velopment and a fee for park development which would have to be assessed by the City. Councilman Beebe stated parks should be handled differently in the northern part of town as there are not many parcels available, but felt they should not get involved in setting up a park district; they should only acquire the land, but not maintain it. Councilman Pritchard suggested that Councilmen Beebe and Miller discuss this issue with the Park District during their pending meeting. Councilman Silva stated that inasmuch as the City would like to acquire as much open space as possible, which was the reason for the park fund, that they should acquire the land now, and felt they should ask the church group if they are interested in selling their portion. Councilman Miller stated they should also ask the Planning Director for a map and report of properties available and suitable for smaller parks. It was the decision of the Council to discuss this matter again the early part of November, when they had all the facts, especially since the church was awaiting a decision. * * * REPORT RE LOCAL WATER CONSUMER NEEDS (Zone 7) Mayor Taylor summarized a report from the .Alameda County Flood Control and Water Conservation Dis- trict regarding local water consumer needs. The District explained their plans for Project 2, and they wished to be advised of any policy change in land use plans inasmuch as the City would be in partnership with the Board in any proposal that may be presented to the voters next year. John Long, one of the directors of Zone 7, commented that they had received the Council's request that the election date be advanced, and advised they were attempting to reassess the project, part of which would be to ask both Livermore and Pleasanton for their future growth plans so they could plan their water facility expansion. Councilman Silva stated it was his understanding that Project 2 was for a five year period, however if the rate of growth continues as it has in the past, the Project would only handle the tentative maps that have been approved, and asked if their reason for wanting a more definite growth projection was to make Project 2 a ten or fifteen year program, to which Mr. Long replied that the statement was a partial answer to their question, and asked if there were approved maps that would indeed use up the capacity of Project 2. CM-24-340 October 18, 1971 Mayor Taylor felt that the City should furnish Zone 7 with the present status of the City as far as presently approved permits, tentative maps, etc., however, the general plan remains unchanged. There has been no policy set regarding (Water Consumer Needs-Zone 7) growth as yet. Mr. Long agreed that the Zone should wait until the City has formed a policy before they can set up a policy. Councilman Beebe felt that the engineering department should be able to prepare some figures in this regard, and Mayor Taylor asked that Mr. Lee take this as direction, in conjunction with the Planning Department. Councilman Millei' stated some of the data has already been obtained according to the water report furnished by Mr. Lee. He felt that the other aspects of the general plan must wait for some policy decisions - one of the guiding factors would be the result of the Air Pollution Control District with regard to holding capacity. Councilman Miller asked Mr. Long what their upper limit is, to which he replied it was 48,000 acre feet, however they had not reached their capacity as yet. Mr. Long stated that the Board would like a policy decision from the Council, or some comment that there is none. They would like information for a 5-year period and, in addition, any other com- ments and the total projected growth. Mayor Taylor stated they would have to defer the total projected growth rate until later as this should be accurate so the project can be as economical as possible. Mr. Long stated it would not be prudent to plan for an expansion that provides for a larger population than there will be, simply because the expenditure would be larger than the electorate would approve. Councilman Pritchard asked if the bond issue which failed would have carried the Valley until 1976 as planned, and Mr. Long stated that based on the figures available at that time, the project, as proposed, would have been sufficient until 1976. Councilman Pritchard referred to Director Becker's letter which requested some input as to how the financing of this project should be handled. ..-cu' . Robert wa~, 236 Donner Avenue, felt that the Council should consider the financing before they consider the plans for expansion as he did not feel the present population should subsidize a build- er, PG&E or the water company so anyone else could build. Robert Allen, 223 Donner Avenue, stated that after the Zone 7 bond issue failed, the Zone held a public hearing at which time the American Taxpayers Union #115 made a proposal, which he pre- sented, that growth should pay its own way since no one in Liver- more would have benefited by Project 2. This proposal was that an assessment district be formed and that property that did not want to develop be left essentially agricultural. Their approach was to have a voluntary assessment district of property owners who would benefit from a development. Mayor Taylor advised that assessment district financing has been investigated by the staff and it will be considered. Councilman Pritchard felt it was fair to assume that most people in the City would not consider any type of water plant expansion to finance growth; he felt a general obligation bond for expan- sion of the treatment plant would not have a good chance of passing, but rather some type of assessment district, revenue bonds or other type of arrangement whereby new people coming in would be paying for the treatment plant necessary to handle their needs. He felt they should give Zone 7 an opinion in this regard at this time. CM-24-341 October 18, 1971 (Water Consumer Needs-Zone 7) possible water Mayor Taylor stated that the next item on the agenda is a communication from the Planning Commission re- lative to the water demand study prepared by the Public Works Director, which report deals with a connection fee to finance any future expansion. Councilman Beebe inquired as to how they would get the County area and City of Pleasanton to go along if they should adopt a water connection fee so that Livermore would not be paying for expansion elsewhere in the Valley. Mr. Lee stated it would be handled very much like the storm drain- age fee which was Zone wide; this plan was adopted cooperatively by the City of Pleasanton, City of Livermore and the Board of Super- visors; a water connection fee could be done the same way. Zone 7 has also discussed this issue with their Board, and it is his under- standing that the Board does favor such a fee, however he does not know what stand Pleasanton might take, but felt they would be agree- able to such an idea. Mr. Lewis added that the City could act as an agent for the District; could collect a fee with the building permit and pay it to the Dis- trict; they are the levying authority, the City is the collector for them in the storm drainage matter. Councilman Beebe felt that this should be one of the priorities to set up such an arrangement; because if they did adopt a fee, future growth would pay for itself, and people would be more apt to vote for a revenue bond issue rather than facing this every year. Mayor Taylor stated, that as a point of order, they should discuss the items on the agenda as they are presented; they should discuss whether or not the fee should be adopted as a policy matter, but not until that item is presented, and asked that the letter from Zone 7 be disposed of first, and asked for any additional comments on the letter. Councilman Miller commented that he wished to agree with Councilman Pritchard that no general obligation bond issue would pass in the City of Livermore to provide water for someone else, as he felt this was the source of the majority of opposition in the City when Project 2 failed. He felt that there must be some other mechanism, and the water connection fee would only be a part of it because in order to build the plant, the public may have to raise the money; then the next expansion would be paid for from the connection fee. He felt Zone 7 would have to pay particular attention to equitable means for financing the treatment plant and an assessment district would be one method of accomplishing that end. Councilman Pritchard felt that the three items on the agenda in regard to water were so entwined that rather than discuss them separately they should be discussed concurrently. In regard to what had been stated by Councilman Miller, he asked for the City Attorney's opinion on the possibility of revenue bonds for expansion. Mr. Lewis stated he was not familiar enough with the Zone7 Act to advise whether or not they are authorized to issue revenue bonds; according to what he has read they do not have that present author- ity, but it is one that the legislature could grant them. He felt that along with the connection fee there could be consideration given to legislation in order to authorize and issue revenue bonds. Mayor Taylor thought it might be wise for a subcommittee of the Council to meet with the Zone 7 Board to discuss financial mea- sures, and suggested that perhaps he and the vice mayor meet with them to see what is going on, and in due course, they could then reply to the letter from the Board. * * * CM-24-342 October IS, 1971 A letter from the Planning Commission has been received agreeing that the growth rate should be corrected to coincide with the figures given. The Public Works Director thought perhaps he could introduce his report and discuss that as a part of this subject. Mr. Lee went on to say that it was clear to everyone that the water supply would be depleted about 1972; he felt the Zone 7 bond election was a recognition of this. If the issue had passed, there would have been additional water so that there would have been no problems, but as a result of the failure of that bond election the Council requested the staff to look into the effect this would have on the City's water supply - the study of supply vs. demand and to consider various methods of coping with the problem and methods of augmenting the supply. Mr. Lee posted a graph which showed a summation of the findings of the study, and explained the sources of water and demand for a 7-day maximum designed period during the past years and the projected demand for designed periods up through 1975, stating the graph indicates where demand catches up with supply before the summer of 1972, at which time there would be a deficiency of about 3 MG during a 7-day peak period; in 1973 an II MG deficiency at a peak period. The total amount of storage in the City is about 11 MG; including the City's and California Water. COMMUNICATION RE WATER DEMAND STUDY Mr. Lee continued that if the water demand continues as projected this would deplete all of the storage during this peak period and some type of rationing would have to be initiated at that time which he has outlined in his report as follows: Step 1. A statement by the City Council asking citizens to be frugal with the use of water. Step 2. Limit lawn and garden irrigation during stipulated times of the day with the period of time being extended as necessary until all of the high demand hours are in- cluded between 6:00 a.m. and 10:00 p.m. Step 3. Continue to restrict irrigation between selected hours of the day and allow even-numbered houses to water only on even-numbered days and odd-numbered houses to water only on odd-numbered days. Step 4. Continue to restrict irrigation between selected hours of the day and allow even-numbered houses to irrigate only on stipulated days of the week and odd-numbered houses to irrigate only on selected days of the week. The allowable days would be reduced as required. Step 5. Prohibit all irrigation or use of water for cooling. Mr. Lee stated if they were to attempt to take care of the deficit of water in 1973 by rationing, it would require Step 2. Mr. Lee stated that the Planning Commission had questioned the percentage of increase of building in the City; they noted that in the second quarter of this year the percent of increase was at an annual rate of about 13% or 14%; the last quarter was quite high also; this could be due to a trend, or the developers may have taken out more permits because of a pending moratorium on building. Mr. Lee further advised that if the increase was at the rate of 13%, the City would almost need equal in 1972 to the demand projected for 1973, as the deficiency would occur in 1972 instead of 1973; in 1973 the deficiencies would be as those pro- jected in 1974 - it would move the critical problem up one year. The 1971 demand experience was based on 1970 records and in check- ing with Zone 7, it was found to be very close to their records. Zone 7 plant has a rate capacity of T~ MG and peak of 9 MG. Dur- ing a peak period this summer there were 7 days when the plant exceeded the T~ MG but the highest was S~ MG, and the demand was CM-24-343 October 18, 1971 (Water Demand Study) never pushed to the limit of the plant. He felt the curve as shown was pretty reasonable, and the issuance of building permits should be watched to determine if a steeper curve or more shallow curve is necessary. Mr. Lee stated there are four options as outlined in his report: 1) approval of Project 2 plan or some modification of it which, in his opinion is the best solution assuming the connection fee was adopted and placed into effect immediately; 2) some temporary level of rationing; 3) develop new sources of water by drilling of additional wells, but this would be expensive, degrade the quality of water and degrade the underground aquifers; 4) a building mora- torium, however this does not get to the problem. Mr. Lee felt that a connection fee was vital to the future program of providing water for the Valley. Councilman Beebe asked if Project 2 election were held in the spring, when would the expansion go into effect, and was advised about one and a half years based on conversations with Zone 7 staff and per- haps in a shorter priod of time; they could put in some additions to the facilities to provide additional water to Livermore. However, Mr. Lee later clarified himself to say that it would be before the summer of 1973 and explained that it would be another deficiency rather than what he had indicated earlier. In reply to Councilman Pritchard's question if there were alternatives that would provide more water in the summer of 1972 than the 89.6 MG than we are now getting, Mr. Lee stated if you knew you had only a definite small amount to cope with, it could be taken care of, but to outline a program whereby you develop wells to take care of the deficit to a certain period, would be a difficult, or perhaps an impossible task. Mr. Long stated it would not be possible to have a revenue bond election by April; their enabling act did not permit this and they have requested the state legislature to introduce legislation so they would be permitted to issue revenue bonds and in all proba- bility next November would be the earliest time they could expect to hold an election; they could hold a general bond election in April if they felt they had an adequate plan, but did not feel they could come successfully before the voters with the same Project 2. Councilman Silva inquired when construction could be completed if the bond election passed in 1972, and was advised it would be the fall of 1973. Dr. Mandeville addressed the Council stating he had a position paper to offer and a constructive solution to the water problem and pre- sented the Council with some very informative maps. As an histori- cal review he stated the Chamber of Commerce in consort with Dublin, San Ramon and Pleasanton Chambers have been concerned about the shortage and have been studying the problem jointly for four a half months. Dr. Mandeville stated that an election could not be held until November 1972; further, there was a parallel study started in the local Chamber, seeking solutions as the Chamber felt strongly that water rationing was a poor solution and inexcusable to the citizens and a moratorium on building was equally odious to the Chamber and business community as a whole and obviously leads to a cessation of the immediate as well as long range growth, both of commercial, industrial and residential growth, in addition to the loss of jobs. The Chamber of Commerce, following their study, are submitting to the Council a formal recommendation to solve the interim water short- age. The maps delineate existing wells that can be explored for quality, quantity and, in their opinion for a modest investment, two or three of them can be secured to hook into the present system to carry us over the present extreme, on the assumption that Zone 7 will win the election in November 1972. CM-24-344 October 18, 1971 Robert Allen, 223 Donner Avenue, on behalf of (Water Demand Study) the American Taxpayers Union, stated the graph makes a very vivid picture that without any growth, if there were a freeze on housing, there would be no need for an increased water supply. He felt if there were a freeze on housing to protect the existing water supply, obviously there could be a price on housing which would allow growth to pay for itself and this is what they would like. Harry Kerr, vice president of California Water Service, spoke to Mr. Lee's report, which they are in agreement with and back his conclusions based on the statistical data. With regard to Mr. Allen's remark, if there were no more growth, no further additional water supply would be necessary, Mr. Kerr stated that was not cor- rect because there are so many houses under construction today, we are well into the 1972 water users. He referred to Mr. Lee's report with reference to accelerated growth, and stated that California Water Service was running 600 to 700 new connections in recent years; in the twelve months ending September 30, there were 821 new service connections, and the building permits re- ferred to in the report will result in a further acceleration as they become actual water users. The acceleration has increased over what it has been the last few years. He felt the conclusions Mr. Lee has drawn, based on projected use, are reasonably accurate and do not overstate the problem; he felt some form of restricted water use would appear indicated for the next two years - a minor amount in 1972, which might be handled by simply appealing to the public to be conservative, but 1973 is another matter. Mr. Kerr stated that they were familiar with some of the wells as shown on the map presented by Dr. Mandeville, and they have pro- blems - one is the quality they deliver as one of the wells is very hard; some of the easterly wells are high in boran and could result in some bad effects on vegetation; however, they would ex- amine each one in detail, especially the ones contiguous to the system, to see what possibilities they hold. Some are agricul- tural wells, and do not have what is called a sanitary seal. Mr. Kerr also questioned Mr. Long's statement with regard to comple- tion date if bond election succeeds as he felt it could not be as soon as indicated, and felt Project 2 could not be ready before 1974. Councilman Pritchard asked Mr. Kerr if rationing was inevitable, and Mr. Kerr replied that even with a moratorium on bUilding, it would be too late to effect 1972, however the weather could have some bearing on this, and he felt if the public would be requested to be a little careful with the use of water, that would probably take care of the small deficiency; however 1973 would be another story. Councilman Miller stated the figures given were based on the lower curve; if there is an accelerated number of connections according to the building permits, would we not be in the 1973 position in 1972. Mr. Kerr stated that the figure he had mentioned was about 125 greater than they have been running in calendar years prior to that time, but he could not say whether they would reach the 1973 figure in 1972. In their view, the most important thing is that there be a long term project for increase in water supply; Project 2 is necessary no matter what happens to provide adequate service to the buildings underway now. The deficiency in 1972 is only a projection. Councilman Beebe asked if Project 2 contemplated expanding the existing plant, and Mr. Kerr answered that it did not contemplate expanding the existing plant because the engineering staff of Zone 7 presented their view to Zone 7 Board, who approved the re- commendation, that new treatment facilities be built on South Bay Aqueduct and below Del Valle Dam so that any outage that could happen at Patterson Pass now would not effect the new treatment facilities; they would have the storage of Del Valle Dam behind CM-24-345 October 18, 1971 them and the regular South Bay Aqueduct instead of the facility that is there now as it is subject to interruption. Councilman Beebe felt this was not pointed out too well to the voters in the last elec- tion, and Mr. Kerr remarked that the last election of the Board was set up in a great hurry and perhaps there was insufficient time to explain fully. Project 2 cannot be financed by a connection fee as the money must be in a capital sum to meet the existing pro- blem, but beyond that, if it is necessary to expand those facili- ties, a fund would have been built up through a connection fee and growth would have paid for that. (Water Demand Study) Councilman Silva stated that in the Chamber report reference was made to two wells that were capped ten years ago when LRL obtained water from the Hetch Hetchy project and asked if it was treated or untreated, and Mr. Kerr stated it was San Francisco water and is untreated, but it is not available to this area; it was available to the government of the United States in an emergency. As far as the wells, they are the ones he had previously referred to as being high in boron content. * * * RECESS AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. * * * Dr. Mandeville stated that the Chamber's position is that of offer- ing an interim temporary solution from wells presently available. They are not questioning the quality of the wells, and want to make it clear that the input from the wells would only be used during peak shortage periods, but not to be used as a continuous input in the present system. Dr. Mandeville asked Mr. Kerr to correct him if he was wrong in saying that these wells could be adapted for use and chlorinating units put into them to bring them up to health standards. They are advocating a temporary solution for a critical peak period and the wells would be shut down when they are not in demand. Councilman Silva stated the important information they should have is how many units it will take to arrive at Step 3, and how long it will take, rather than be concerned about the growth rate, and asked Mr. Lee if he had any idea. Mr. Lee explained his projected figures stating that about 3600 units would cause a deficit to be taken care of by Step 3 rationing. Councilman Silva then asked the City Attorney what the courts would consider to be serious water shortages, and if they should adopt a moratorium on building based on Step 2, would the courts uphold it. Mr. Lewis stated he had not observed any decision in a court spe- cifically dealing with a water shortage that justifies the exercise of police power, but in general terms, whether the problem is water, sewage or whatever, you can say the courts will uphold the judgment of the legislative body, assuming reasonable facts are there to support the decision. An emergency exists whenever life or pro- perty are effected. It is up to the Council to weigh the serious- ness of the problem, but if the Council determines there is a threat, and other means are not reasonably available to prevent that threat to life or property, exercise of the police emergency power is fully justified and will be supported. If it is felt that ra- tioning would satisfy the problem, this would be an acceptable solution; then exercise the power to achieve that rationing. How- ever, if it is felt that this would not satisfactorily solve the problem and even during rationing there would still be a threat, that would justify more stringent exercise of police power. He could not say, specifically, how many permits or at what consump- tion of water the Council could exercise this power, but could say the courts would give them considerable leeway in their judgment. CM-24-346 Councilman Silva asked if they did issue a mor- atorium, could a builder put in his own water system, and Mr. Lewis stated he thought he could as the ordinance, by its own terms, would take into consideration a developer who could furnish a of water, but a question would be if they have the into an underground basin and place a surcharge on October IS, 1971 (Water Demand Study) private source right to go it. Mr. Kerr stated the quota with Zone 7 is a matter of what each contractor with Zone 7 has agreed to limit his extraction from the underground. As to the time it can be taken, the desirable time is at the periods of peak use, then use Zone 7 when there aren't these heavy calls. As far as right to underground water, this is separate and apart from Zone 7, which is a matter of agreement by contract. A pumper from the underground, by pump- ing for a period of time, establishes a right to that amount of water and there is a formula used for this calculation. Mr. Kerr stated there are two things which could prevent a developer from putting down a well in the tract: I) his land would have to be so situated, and 2) other pumpers who are still using the well which might be affected by it. Mr. Lewis asked if a developer would have to first gain permis- sion from the State, however Mr. Kerr stated that it must be approved by the Alameda County Health Department; if he is acting as a public utility, he must secure certification from the PUC to provide public utility service, but that has no bear- ing on the question of whether or not he can drill a well. Mr. Lee stated that the agreements the City and California Water have with Zone 7 provide that if Zone 7 cannot furnish, or fails to furnish all the water that is needed, the independent quota would be automatically increased. Mayor Taylor stated there are two subjects that should be dis- cussed in order: I) if the Council is to accept, as a City policy, whether they intended to allow the City to reach Step 2, and 2) whether or not they should adopt as a policy, institu- tion of a water connection fee to take care of, as far as possible, the cost incurred by a new house. Councilman Miller made a motion to direct the staff to prepare a water connection fee ordinance in cooperation with Zone 7 if necessary; Councilman Beebe suggested this be a cooperative effort with Pleasanton and the County also, and seconded the motion. The City Manager suggested that the recommendation be directed to Zone 7 as they are the jurisdictional entity, and they, in turn, would come to the Council for a financial agreement, con- currence or whatever it might be. Councilman Miller asked Mr. Lewis if the City could prepare their own ordinance for water connection fees, that could be used in conjunction with Zone 7, to build a water treatment plant inde- pendently of the rest of Zone 7, and Mr. Lewis replied that he did not know enough about the method Zone 7 would use to form districts. The water we supply is limited to the extent that if we supply water we could adopt some kind of fee for a system our- selves, but that does not answer the question. The City is not filtering the water, and water connection fees to build a filtra- tion plant would be unjustified, but if we had some type of con- tract there is some feasibility. Councilman Miller withdrew his motion and Councilman Beebe his second, and Councilman Miller made another motion to instruct the staff to prepare an ordinance or recommendations to Zone 7, and work with other jurisdictions, whichever will accomplish the water connection fee; the motion was seconded by Councilman Beebe and passed unanimously. CM-24-347 October 18, 1971 (Water Demand study) Mayor Taylor felt the Council was responsible for establishing some level of minimum service for the people in the City and setting a policy that they would not allow the possibility of going be- yond some condition. Councilman Pritchard asked the Public Works Director for a clari- fication with regard to the gallons of water per day deficit and this was calculated to be about 100 gallons per residence per day during a peak period, which would be 8% to 10% per person, however, Mr. Lee stated that during a peak period most of the water consump- tion was for irrigation and it would not be necessary to curtail any household use. Councilman Pritchard stated the point he was trying to make was that regardless of what is done, the City is faced with Step 2, and Mayor Taylor stated this would be in the summer of 1972 or 1973, dependent upon the growth rate. Mr. Lewis asked Mr. Lee what happens to the City's standby system for fire protection if there should be a drop in the water pres- sure in the mains for any period of time, and Mr. Lee stated this did not anticipate any drop in pressure or storage; the rationing would go into effect so as not to ~eplete, but maintain the levels of pressure and storage. Councilman Miller stated there is no guarantee that water rationing can work, survive or be enforced, and should there be a big fire, the reserve would be gone. Councilman Beebe agreed, but stated he would rather explore the possibility of hooking into wells, and have a committee composed of representatives from the City, California Water Co. and the Chamber to look into this possibility. Councilman Silva made a motion to instruct the staff to prepare an ordinance to establish the power to limit number of permits, de- pending upon what step the Council wished to follow as far as water rationing, and the ordinance should include something to the effect that even though the Council could have a moratorium on permits, they could allow light commercial and manufacturing water consum- ers to connect to water supply. Councilman Silva continued that they could place the limit at "X" amount of building permits, or Step 3, whichever occurs first, because if there are 3600 permits issued and water shortage does not occur to cause Step 3, the or- dinance should state they may allow more permits. Mayor Taylor clarified the motion by stating the Council would set a number of building permits, when they arrive at that number there will be no more issued. The number will be based on essen- tially facts they will have updated from time to time. If all building permits are carried out to completion, assuming they will be completed as soon as they are issued, they would want to insti- tute a moratorium at that point in order not to go beyond Step 3. Mr. Lewis stated it would seem important that the moratorium if it has to go into effect, not affect permits connected with public health, such as doctor's buildings, addition to the hospital, etc., as well as schools and Vila Gulf. Mr. Lee stated it could be handled in two ways; on a first come first serve basis; or secondly, in order of the chronological de- velopment of the tract, i.e. the tracts that are now final would have the first priority, in order of the date of the filing of the tracts; tentatives that are in progress would have priority if they were filed. Mr. Taylor stated how the priority of building permits would be set up is one matter; the other is the policy which the Council wishes to adopt, but he felt the intent of the motion made by Councilman Silva was clear. CM-24-348 October 18, 1971 Councilman Pritchard seconded the motion. (Water Demand Study) Mayor Taylor stated they should set the maximum rationing step. Councilman Miller commented that, in his opinion, it would be incredible to impose severe rationing on the citizens of Liver- more when it is not necessary; it is hard to police and enforce and unreasonable interference with individual rights to impose rationing any further than Step I. Water must be reserved for public facilities. Councilman Miller felt that by issuing build- ing permits to the extent that is being suggested will wipe away all chance of doing this without severe water rationing and throw away any opportunity to have commerce and industry. He felt the limit should be Step 1, and the number of building permits should be limited right now. Councilman Miller offered an amendment to the motion to limit the number of building permits to be issued to zero. Mayor Taylor agreed that Step 3 would be intolerable, and un- acceptable to adopt a step to that degree; he felt Step 2 was also unacceptable. At present there is no bond issue proposed; even though the legislation is proposed to allow a revenue bond election, which in his mind would depend upon institution of a connection fee, it would not be until November of 1972. It is not certain the bond issue will pass and he did not feel it would unless the water connection fee is instituted by that time in a clear cut system. Mayor Taylor did not feel that zero permits should be set, but that if a developer is almost finished with a tract, he should be allowed to complete it in an orderly way. Councilman Miller stated if there was to be an orderly moratorium and it is not imposed now, the application for building permits will not be orderly; secondly, the implication of Mr. Kerr1s statements that we will be at Step I in 1972, based on what we have now must be considered. If they do as suggested by Mr. Lewis, and accept commercial industrial users on a case-by-case basis, they could remain in the Step 1, which is reasonable and leaves the City some option for the public facilities which must be alJ.owed water. Mayor Taylor stated he would second the motion to amend if Coun- cilman Miller would specify "residential building permits"; then the only other permit that would be denied would be a very large industrial water user. Also, as far as parks, if you are ration- ing water for the public safety, welfare and health; you really do not consider development of a water system for parks at the same time you have a moratorium. Councilman Miller stated the intent of his amendment was to restrict residential building permits, and that commercial and industrial building permits be considered on a case-by-case basis. Councilman Silva stated the amendment was based on Step 1; that Step 2 meant limiting lawn and garden irrigation during stipulated times of the day, with the maximum demand hours eventually between 6:00 a.m. and 10:00 p.m. which is fairly restrictive, and asked if there was an alternative step. Mr. Lee suggested a limit on odd numbered houses to odd numbered days and allow watering from 10:00 a.m. to 3:00 p,m., and extend the time as it became necessary; this would be a combination be- tween Step 2 and Step 3 - the percentage of rationing would be based upon the restriction imposed. Mr. Kerr stated a result could be obtained, automatically, by imposing any certain set of conditions - it should be a flexible arrangement to gain the results necessary. CM-24-349 October 18, 1971 (Water Demand Study) Mayor Taylor felt they should have a report from the staff and Cal Water on the proposal submitted by the Chamber of Commerce. Councilman Miller stated that with regard to the question of the wells raised by the Chamber, if the water is of decent quality and the wells are put together by a group of developers, and it alleviates the problem so Step I is not exceeded, he would be willing to relax the restrictions. Councilman Beebe felt the Council was premature in making a motion as they needed more information. By halting the growth immediately, the Council would show no concern for the hundreds of people who make a living in the building industry; on the other hand, he did not wish to see an influx; he felt Mr. Lee's suggestion to give priority by tracts would control that to some extent and he was not prepared to vote for either motion until they had more infor- mation; he felt there were other alternatives. Councilman Miller stated he would like to make an addition to his amendment because setting the building permits equal to zero with a case-by-case basis for commercial does not say when this condi- tion would be lifted, which condition would be when there is a water treatment plant ready to operate. Mayor Taylor stated he did not agree with this suggestion as there are a number of alternatives and the Chamberreport gave no engin- eering data; he was not agreeable to the addition to the amendment. Mayor Taylor stated they should set a policy first for what level they would get for the people; it is a technical matter to describe the various alternatives; developing wells is one, which he did not wish to rule out. Councilman Silva mentioned several instances of what would happen if a moratorium was passed tonight, and how many people might be laid off work because of it - people in the building industry, lumber yards, gravel companies, and in effect, most of the businesses would be affected. Councilman Beebe also commented along this line, and felt we needed more facts. Councilman Miller said any decision made by a public body could help or hurt people - some would be hurt by a freeze, but he felt the majority would be hurt by water rationing, and specifically mentioned fire protection. Mr. Lee stated that all steps took fire protection into considera- tion and provided that there would be no degrading of the fire fighting capability; rationing would be imposed so as not to deplete the storage or reduce the pressure. / Mayor Taylor stated he was worried about having the necessary capacity for the Junior College, industrial users, etc., as we have a very unbalanced community; even talk of a moratorium is going to slow down possible commercial development, but it is only temporary. Councilman Pritchard stated if Mayor Taylor felt as he just stated, he hoped Ne would not vote for the amendment which he had seconded until they have more information at hand. They all agree they have an extremely critical problem, that something should be done im- mediately, but he felt the motion to amend had a tendency to make a cleavage in the Council; by taking a vote on the amendment will have a tendency to emotionalize the subject, have a tendency to be divisive and destroy any solution the Council may come up with. For that reason he made a motion to table the amendment until there is more information; this motion was seconded by Councilman Beebe. RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEN PRESENT. CM-24-350 October 18, 1971 After some discussion on the motion, Councilman Pritchard withdrew his motion to table the amend- ment. (Water Demand Study) Mr. Kerr stated he wanted to make it clear it was their intention to study with the City staff and Chamber committee, the alterna- tives they suggested to see that they are thoroughly evaluated. Clarence Hoenig, 588 Tyler Avenue, stated he was disappointed that this matter had been allowed to accrue for over a year; last November when the election failed, these deliberations should have commenced at that time. The business about people being hurt at this point in time must be taken into consideration. He did feel the home building industry had long overdrawn its account in the Valley; you cannot count the number of people who have had to leave because of increased taxes; people are getting hurt both ways and he felt it was unfair to cite specific instances. Milt Codoroli, president of the Chamber of Commerce, stated there was no such thing as an orderly moratorium; the Chamber has attempt- ed to make a study of what can be done to correct the problem; he did not feel rationing is vital to the degree that has been dis- cussed, only inconvenient. A bond issue will not be passed, or any revenue measure until people experience some rationing. He felt the last bond issue failed because no one was seriously affected. The Chamber would like to have the Council make a thorough study of the situation and attempt to come up with an alternative solu- tion, before they declare a moratorium. He felt this would be a mistake, and it would hurt more than it would help; whether they cut off building permits tonite and open them up 90 days from now or cut them off 90 days from now will make no difference; the difference will be that they will have more time to study the situation, get the facts and then make the decision. Dr. Donald Rocco, Livermore dentist, echoed Mr. Hoenig's opinion that some action should have been taken before; the Council should have worked harder to remedy the situation that they knew existed. He wished the Council would ask the staff why they did not meet with Zone 7 to come up with some solution. He felt the Council should reassess their position; they had asked what the businessmen did for the community; he was now asking what the Council intended to do for the businessmen. A building moratorium would not do them any good, nor the citizens of Livermore; people who come here for commerce of business rely on the population. He did feel it was time to make a decision, whether it be right or wrong. To a question posed by Councilman Pritchard as to whether he had a solution, Dr. Rocco replied he had not, but felt there should be some restriction, and not a moratorium declaring no more building. Mayor Taylor stated that about fifteen months ago Councilman Silva asked the staff that a report be prepared as to when we might be faced with rationing; some of tlE Councilmen met wit h the Zone 7 Board after failure of the last bond election; the staff meets regularly with the Zone 7 people as well as the California Water staff. There are certain decisions the Council must make in the interest of the community; they are acting in the interest of public safety and welfare. Earl Mason, Associated Professions, stated any action taken would have a very severe effect on all of the community. Having worked with the Chamber committee and met with Zone 7 and other agencies on this problem, he felt the Council was rushing into something without the benefit of all of the facts; he did not feel that action should be taken this evening; they should take a little more time for the benefit of the community, to get all the input. Their decision is aimed, not at finding a solution, but cutting off everything right now; the Council has the obligation to provide water and if Zone 7 was unable to pass a bond election, it was stated by the Zone 7 representative that Cal Water and the City so have the right to take care of the water needs even if it means CM-24-351 October 18, 1971 (Water Demand Study) drilling more wells. The aim of the committee was to look for the most economical way to solve this interim problem, and the suggestion was to review the existing wells. He did not feel the Council was looking for an interim solution. Councilman Silva felt Mr. Mason had not understood his motion, and explained it further to him; however Mr. Mason stated he under- stood his motion clearly and felt it was a reasonable solution to the problem, but allow time to review the other alternatives. Mr. Mason further stated the Chamber was willing to cooperate in any way they can to help the City and the staff to find a solution. Mayor Taylor stated if they had an immediate and temporary mora- torium he felt it would be lifted as soon as solution for provid- ing water is found. He did not feel there would be much incentive for developers to finance an interim temporary water supply unless there is a permanent solution. It would not be in the public in- terest to put money in a new well, when it could somehow be put into permanent treatment facilities. This is a technical matter, and the staff has been instructed to report back on it. A called vote was then taken on the amendment which failed by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva The Council again discussed the restrictive hours, and Councilman Silva stated he did not care for restrictive hours, but preferred every other day watering, with no restriction in hours; regardless of the step that is selected, he wanted assurance they would main- tain fire protection; also reserve water for future industry and commercial. Councilman Miller stated it was inconceivable that the Council im- pose water rationing on the community, but from the implication of the motion this is what will happen; secondly, if they intended to impose water rationing before a decision is made, there is a period in which it would be possible for developers to stockpile building permits; he felt this would be unfair before they make the decision. The options for issuing permits was discussed as mentioned earlier in the meeting, and Mr. Lee felt there would be no problem in the next thirty days. Councilman Beebe suggested that no permits be issued for the next two week period while the ordinance is finalizedcrthat no more than fifteen per week be issued on the basis of the last five year aver- age construction by the variousoontractors in the City. The City Manager was asked if he had any suggestions in this regard, and Mr. Parness stated he did not, but did feel it was an appropriate matter of concern regarding the issuance of permits as there may be some who might take advantage, and saw no reason why the Council could not adopt a motion instructing the staff not to accept any permits until the ordinance is drafted and they will make every effort to have this for the Council in one week; in the meantime, the staff will attempt to give the Council a reasonable recommen- dation for future issuance of permits. Councilman Beebe moved the motion as suggested; it was seconded by Councilman Pritchard. Councilman Silva asked, if the motion could be amended to state that they allow one permit per builder, the motion was seconded by Councilman Pritchard, and approved unanimously as amended. The clerk repeated the motion before the called vote was taken: To instruct the staff to prepare an ordinance that would give the power to limit permits (with no number given); establish the steps (no number) and allow light commercial and industrial water users; CM-24-352 to preserve fire protection standards for the City and establish a formula for issuance of permits. The motion passed by the following vote: AYES: NOES: October 18, 1971 (Water Demand Study) Councilmen Beebe, Pritchard, Silva Miller and Mayor Taylor None * * * On motion of Councilman Beebe, seconded by Coun- cilman Silva, and by unanimous vote, the reading of the ordinance was waived (title read only), and the ordinance amending Section 12.25 (g) (I) and (2) relating to license tax was intro- duced. * * * A communication was received notifying the City re a hearing to consider request of Eugene W. Flynn to withdraw certain property from an agri- cultural preserve. This matter had been removed from the Consent Calendar. PROPOSED ORDINANCE RE BUSINESS LICENSE FEES, Sec. 12.25 COMMUNICATION RE AGRICULTURAL PRESERVE (Flynn) A motion was made by Councilman Pritchard that the Council go on record as opposed to the removal of this property from the agri- cultural preserve; seconded by Councilman Miller. Mr. Lewis explained that he had talked to the attorney represent- ing the Flynn parties, who had asked that he explain the facts in the case to the Council. Mr. Lewis stated that under option to Dr. Carnazz 0, the real es tate agent, not being cognizant of the option, requested that the property be put into agricultural pre- serve. Dr. Carn~ID states it is an impairment of the option and has threatened Flynn with legal action to recover what he feels has been damage to the property because it was in a preserve. If it is taken out of preserve and option is not excercised within the time required, it is the intent of Mr. Flynn to replace the property in agricultural preserve. Mayor Taylor felt the Council should represent the City's position with regard to withdrawal from a preserve; they are not sitting in judgment in the case, inasmuch as withdrawal from a preserve, according to the law the preserve was set up under, should only be done if the public interest is involved. After some discussion regarding the matter, Councilman Silva made a motion to table the matter for a period of one week, se- conded by Councilman Beebe, however the Council was advised that the next meeting would not be until the evening of the 26th, the date of the hearing before the Board of Supervisors; therefore, the motion for tabling was withdrawn. The motion then passed by the following called vote: AYES: NOES: ABSTAIN Councilmen Pritchard, Miller and Mayor Taylor None Councilmen Beebe and Silva * * * The City Attorney advised that there is to be a hearing on AB 1032 on October 19, covering some proposed amendments, and the possibilities of the amendments were discussed. * * * MAT~ERS INITIATED BY STAFF (AB 1032) CM-24-353 October 18, 1971 MTC Study The City Manager asked that a member of the Council be appointed to represent the City on the MTC Transit Study, and the selection is to be made later. * * * Mr. Parness stated that a hearing is to be held before the Regional Water Quality Control Board, and the City of Livermore is on the agenda for the staff to present to the Board a draft of stan- dards that we have been waiting for many months on the new treatment plant design; this must be issued before we can proceed with the engineering design of the plant. The stand- ards have been reviewed by the design engineers, Brown and Caldwell, and a response must be sent with the Council's concurrence. The most important part of the response which has been prepared has to do with one part of the standard: the disallow by the City of the Las Positas Channel for the discharge of any effluent except if it is discharged as a part of our reclamation process. We oppose that very strongly as it is felt it should be modified considerably and this point will be discussed with the staff and the Board on the 28th by Mr. Lee and Brown and Caldwell. Mr. Parness read the letter that has been prepared, and a motion was made by Councilman Beebe, seconded by Councilman Silva, that the recommendation as read, be presented to the Board, and passed un- animously. Hearing - Water Quality Control Board MATTERS INITIATED BY COUNCIL (Airport Expansion) (Tippler's Tax~ , (Chamber of Commerce) * * * Councilman Pritchard stated he would like to have a discussion set on the agenda in the near future regarding the airport expansion. Mr. Parness ad- vised there are expansion plans included in the capital improvements budget which will be ready for distribution soon. * * * Councilman Miller stated we have taken a position on the Tippler's tax, and felt that something more should be done regarding this legislation, and felt that the City Attorney might make some con- tacts when he appears in Sacramento on Tuesday. * * * Councilman Miller referred to the budget session at which time they discussed justification of the subsidy to the Chamber, and felt that whatever the Council may decide next spring, the Chamber should be notified formally that the Council would like to reconsider the terms of the contract with them, and the staff was instructed to make this notification. No notification was given to them last year which was one of the points of contention. * * * (AB 1057) Councilman Silva stated that with regard to AB 1057 Regional Government, he would like to change his position to oppose it unless all officials are from the presently elected body, and perhaps have a study session on the whole bill as he did not understand how the bill came about when they have ABAG. Councilman Miller felt ABAG was totally in- effectual, however Councilman Pritchard stated that he, at one time, was opposed to ABAG, but has since found that ABAG's posi- tion is an association of Bay Area governments, as it states, which is dedicated to local control over jurisdictions, whereas the Knox Bill would do the opposite. Councilman Silva stated he would like to have this on a future agenda for discussion. * * * CM-24-354 October 18, 1971 Mayor Taylor stated there is an effort by the government to institute a limitation on taxing power of the City as a tax reform idea, and the League of California Cities urges all City offi- cials to communicate with their senators and assemblymen opposition to any concept or expenditure in this, and so seconded by Councilman Miller and approved unanimously. (Oppose Certain Tax Reform) urging moved; * * * There being no further business to come before the l,ouncil, the meeting was adjourned at 12:50 a.m. ADJOURNMENT APPROVE * * * ~ 2.-:::C+ ATTEST ,', , ,/; ( . ' \/.ct.... /, / (". City Clerk ~ive~more, California * * * Re2U1ar Meetin2 of October 26, 1971 A regular meeting of the City Council was held on October 26, 1971, in the Municipal Court Chambersl 39 South Livermore Avenue. The meeting was called to order at ~:10 p.m. with Mayor Taylor pre- siding. PRESENT: Councilmen Beebe, Pritchard, Miller and Mayor ROLL CALL Taylor Councilman Silva ABSENT: . . . Mayor Taylor led the Council members and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE . . . The minutes of the meeting of October 12, 1971 were approved as amended, on motion of Councilman Beebe, seconded by Councilman Pritchard, by unanimous vote. MINUTES . . * The Mayor invited anyone in the audience to speak on any matter not on the agenda; howeve~ there were no comments. OPEN FORUM . * . Public Hearing on a proposed Zoning Ordinance Amendment to provide for the adoption of future width lines/spe- cial bUilding lines on: Stanley Boulevard from E1 Caminito to Isabel Avenue; Vasco Road between US 580 and Dalton Avenue; First street, between Maple Street and US 580. PUBLIC HEARING re AMENDMENT (FWL-SPBL) The Planning Director explained that the important thing to under- stand about; the establishment of Future Width Lines and a Special Building Line is that this is not a condemnation of property, State law allows the City to adopt special setback lines prior to the CM-24-355 October 26, 1971 (Public Hearing) zoning process and the only purpose for establish- ing a future width line is to establish a point from which the building setback line can be measured. The future width line is recommended by the City Engineer, is adopted, and the Special Building Line is measured from that point; then any structure being built prior to the widening of the street is located according to that Future Width Line. Mr. Musso further stated that the Stanley Boulevard widening has been completed and can be dropped;'the Vasco Road widening is very simple, but the First Street widening is complicated because it is an unequal widening, and there is some question relative to City partici- pation in the unequal widening. Mayor Taylor opened the public hearing at this time. W. L. Bernard, 438 Robert Way, asked if Stanley Boulevard was now complete. Daniel Lee advised Mr. Bernard that since the Future Width Lines Amend- ment on Stanley Boulevard was initiated, a final tract has been adopted in the area, and the City now has the needed right-of-way. If the Council drops this from the list of streets on which future widths are to be established, it is not being considered. Mr. Bernard asked if he could have documentation to that effect inasmuch, according to Mayor Taylor's explanation, Mr. Bernard had been worried that some of his property may be condemned in the future, and he was assured that the street widening of Stanley Boulevard is now complete. A letter has been received from Mr. Keith Fraser, objecting to the Future Width Lines on First Street as suggested. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to continue the public hearing until November 1 and to instruct the staff to delete the Stanley Boulevard Future wiAth Lines, and the motion passed unanimously. . . . PUBLIC HEARING RE REZONING (Properties Adjacent Hosk.r Lane) A rezoning proposal was initiated by the Planning Commission for possible zoning change from RL-6 District to RS District, or other RL Districts for seven (7) parcels located adjacent to Hosker Lane, north of First Street. Councilman Miller asked for permission to abstain from discussion on this property as he is a property owner within 300 feet; Mayor Taylor also abstained as his home is within 300 feet of this property. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to remove this item for later discussion, pending Councilman Silva's arrival. Councilman Silva was seated at this time. Vice Mayor Pritchard then took the chair for this hearing. The Planning Director explained that the Planning Commission had initiated the rezoning as a result of an application tor a variance to split one lot, years ago, and the matter has been continued from time to time to see if some provision could be made for improving Hosker Lane as a street, and improving the water and sewage to accomm04a.te the subdivision of the properties; the matter was tabled and brought back a few months ago at which time the Planning Commission and staff attempted to bring Hosker Lane to a higher standard to accommodate the higher number of dwelling units, finally the Planning Commission, with the testimony of the property CM-24-356 ,.-'~.- October 26, 19?1 owners that they were not interested in improving (Public Hearing) the street, concluded that the variance for the Thibault property for one unit should be granted and not allowing the other two units. The Planning Commission initia- ted rezoning to recognize the fact that the street was not going to be improved, and to, in effect, maintain the status quo as one unit per half acre. The recommendation of the Planning Commission is to rezone the property to RS-2. Mayor pro tempore Pritchard opened the public hearing at this time. Ruth Graham, resident of Hosker Lane, stated her complete agreement with the Planning Commission's recommendation on this matter, and hoped the Council would concur. Denise Thibault, one of the property owners, stated they had made application to split a half acre lot into three lots; she had written a letter to the .Council opposing the rezoning, copy of which was included in the agenda. Mrs. Thibault referred to the map and pointed out the area which is now zoned RL-6 and that which is industrial, and stated the Planning Commission is pro- posing to zone the seven parcels into half acre lots, which she did not feel was economically feasible and thought it was discriminatory zoning as the property is now zoned RL-6. They had asked to be able to use their property the same as other people with this zoning. The method the City originally intended to use as properties wanted to build and develop would be to enter into agreement with the City to participate in an improvement district at such time as over half of the people in the area had agreed to do so. She felt when there are half of the people ready to develop their property, an assess- ment district can be formed and the improvements installed properly since no one property could afford the entire cost. Mr. Musso explained that the application for splitting the parcel had to be done unde a variance because the lots do not have front- age on a public street. The Planning Commission was not adverse to allowing the subdivision; it was only the question of the street improvements, as no one was able or willing to install them, although an assessment district had been proposed and they had discussed a benefit district with Mrs. Thibault, there was no interest in street improvements. The main reason the Planning Commission proposed this rezoning is to recognize the nature of the area. If it changes with the street being improved, possib17 it can be subdivided with RS-2 zoning, the properties remain as they are. The Planning Commission has said Mrs. Thibault can build one house and no street improvements will be required. Councilman Beebe inquired if the property owners decided on a benefit district, would it still be done under RS-2 if the zoning were changed. Mr. Musso replied that there would be no incentive for them to form a district under RS-2, but it would be with the promise of a higher zoning. Mr. Musso remarked that possibly nineteen houses could be built in the area; from the estimated number of units that can be built would support the project for street improvement. Mrs. Thibault stated under RS-2 there could only be seven houses; however, Mr. Musso stated if the property owners agreed to improve the street, under the planned density for the area, about nineteen units can be built under RS-4 or RS-5. The letter from Fred Carroll,of 3338 First Street, objecting to any rezoning of the area was acknowledged. Mrs. Anona Carlin, of Hosker Lane, stated she would prefer that there not be any more houses built in the area. CM-24-357 October 26, 1971 (Public Hearing) Councilman Silva made a motion that the pub- lic hearing be closed, seconded by Councilman Beebe and approved unanimously. The Council discussed the street frontage and the development of the lots, and street improvements. Councilman Silva felt the staff recommendation for RS-5 zoning was the correct zoning as there could be two or three units, as a cluster type unit, could be built; perhaps with this zon- ing the whole area could be developed under a joint venture. Councilman Silva made a motion to adopt the staff recommendation, to rezone the property from RL-6 to RS-5, and refer the matter back to the Planning Commission for report, seconded b,y Council- man Beebe, and approved by the following vote: AYES: Councilmen Silva, Beebe and Pritchard NOES: None ABSTAIN: Councilman Miller and Mayor Taylor Mayor Taylor returned to preside at this time. * . * PUBLIC HEARING HE UNDERGROUND UTILITIES The public hearing re the proposed under- ground utility district on Second Street from South Livermore Avenue to South "N" street and certain areas of South t1tL" and South ")1ft Streets was scheduled for this time. Mayor Taylor suggested this hearing also be continued, and declared the hearing open at this time. Councilman Pritchard made a motion to continue the pUblic hearing, seconded by Councilman Miller, and approved unanimously. The hearing was continued until November I. . . . Mayor Taylor explained that at the last meet- ing the Council had discussed a report from the Public Works Director on the water supply and consumption situation, and it was the unanimous opinion of the Council at that t1Jle that something must be done, however, there was not a general consensus on what to do, so a one week hold on building permits was instituted for the purpose of pre- venting a run on building permits. PROPOSED ORDINANCES HE RESIDENTIAL BLDG ACTIVITY The City Manager furnished the Council with a detailed report; also, several letters were received, inclUding one from Jerry Jones! of 1120 Madison Avenue, recommending a moratorium on build Dg permits until a number of services can be provided. Councilman Miller stated the report did not include the service connections for Vila Gulf of which there are 47, as these were a pre-existing commitment, and suggested that these should be reserved along with the commercial and industrial permits. Mayor Taylor explained for the benetit of the audience exactly what the City is faced with regarding the water supply and consumption as predictedL which preceded the steps which the Council is now taking. The only matter now under discussion is w~t level of rationing they are willing to accept, the number of building permits that should be issued and at what point in time they should draw the line. The Public Works Director explained more fully the predicted deficiency based on the growth rate, and explained the steps of rationing suggested to overcome the deficiency during the peak demand periods. Mr. Lee also explained the percentage in the rate of growth, pointing out how the rate of growth would affect the curve as shown on the chart. CM-24-358 October 26~ 1971 Councilman Silva asked Mr. Lee how long the period of rationing would last~ as he had understood it would only be during peak de- mand times~ and Mr. Lee advised it would be from June through September which is considered the peak demand period. However~ Mr. Lee felt we should inform the public in advance of the problem and establish the rationing deemed neces- sary along the lines as outlined in his report. The rationing could be established with notice in the paper at times when it is not a problem, so that the peak demand period is not reached without any education or preparation of the public. There may be days of high temperatures when rationing is not needed~ but they should be prepared and rationing should be established in advance to avoid a shortage. The actual period of time could be as low as twenty days, depending on the temperatures. Rationing should~ perhaps~ be in effect during the whole summer, but re- lieve the public of the necessity during times of low demand. They must determine what experience we are having with the con- servation of water; the actual demand on the system and act accordingly at the time. (Residential Building Activity) As suggested by Councilman Beebe, Mr. Lee explained more fully how the rate of deficiencies might be stepped up because of an increase in the growth rate, and the deficiency predicted for 1973 might actually be experienced in 1972. Councilman Miller commented that due to the increased growth rate during the last quarter~ there will definitely be some mild ra- tioning during 1972, corresponding to Step 1 of the rationing~ asking people to be frugal with water. Councilman Pritchard stated something should be clarified inasmuch as we are not talking about a water shortage~ as Zone 7 is only using a third of the water that is available to them, but rather a shortage of facilities. Also~ he did not like the term "ration- ing" used~ but would prefer judicious use of water. The idea in general is not less water for customers, simply a regulation of the time the water can be used, and this was water for irrigation purposes only, and as pointed out by Mr. Lee this might be for twenty days during the summer~ two ten day periods or perhaps three seven day periods. What is being considered is somewhere between Step 2 and Step 3 which would entail not watering lawns every other day during whichever period is specified. Councilman Prit- chard stated this possibility was discussed last week rather than limiting the hours. Councilman Miller stated there is still one problem-unless you are proposing to levy a fine~ you cannot guarantee that everyone will abide by the water regulation rules inasmuch as if the people do not abide by the regulations, there will be~ in fact, lower water pressure and we will then have a fire protection hazard. Councilman Pritchard felt that Councilman Miller did not have enough faith in the citizens of the community~ and Councilman Silva stated he had enough faith, that if rationing is necessary~ the public would abide by the regulations. Councilman Miller~ however~ stated he was only speaking to the facts presented to them by the representative from California Water Services Company who spoke to the same issue last week, stating that people's habits are very hard to change. If the Council is willing to provide repressive regulations upon the people by im- posing water rationing~ that is fine~ but there is a fire protec- tion risk in doing so. Councilman Silva stated there is not fire protection risk and this was discussed last week, however~ Councilman Miller insisted that water rationing is impossible to police and enforce. CM-24-359 October 26, 1971 (Residential Councilman Beebe stated an instance of water ra- Bldg. Activity) tioning in another City, stating that when the public was informed of the problem, their cooper- ation was wholehearted, and he felt the citizens of this community were also reliable and if water rationing is necessary we will have the same cooperation. Mayor Taylor commented that if the people realize that means are being sought to solve the problem and realize they are not going to pay for facilities to support growth, they might go along with water rationing. It is not a question of whether people will accept water rationing, but rather whether or not we force it upon them. We are not discussing whether or not to ask the people if they would like to ration water, but rather telling them there is only so much water. Unlike many of the communities in the Valley, this is something f~seeable; many of them found themselves with a short- age without prior knowledge. The question is what is to be done to solve the long range problem, also what is to be done in the interim. Mayor Taylor continued that the Zone 7 Board has not yet set a date for an election; in fact, have not decided what the project will be. However, there is talk of an election in November 1972, so it will be after the summer of 1974 before water will be obtainable from any expanded facility, and to continue until that time, allowing the City to grow, without taking some steps would not be very responsible as the bond issue may fail and they may have to resort to some other method. The water is there, and the Councilmen are discussing tem- porary measures, but they must seek a solution at this time. Mayor Taylor felt the people would support an equitable financing measure and the Council has suggested that a connection fee be charged and the Zone 7 Directors are unofficially in agreement. He felt cer- tain a bond issue would fail unless there is an established fee in advance so that the people understand they are not subsidizing a development. Councilman Beebe agreed, saying the philosophy of a connection fee is to expand water treatment and forever remove the possibility of a shortage of water; this is what it has done for sewers, flood control and other facilities. They will soon reach the point where a fee will be necessary for future development; they cannot go through bond issues which are subject to failure every year because water is so vital. Councilman Pritchard remarked he had not meant toov e r simplify the problem; indeed a problem does exist. Two extreme positions were presented to him over the weekend - one group stating there would be an extreme drought, and the other feeling the problem is non- existent, neither of which positions will solve the problem. If the City discontinues issuance of permits immediately, there will still be the possibility of water restriction this next summer; if they perm~t uncontrolled growth, without the guarantee of a water supply, they will surely have to severely limit the time or times the citizens can use the water. It is obvious that at this time they must protect the health, safety and welfare of the citizens of this community; it is not entirely our problem as the City is not in the business of providing wholesale water, but it is the problem of Zone 7, another public body, which is responsible to the public. Until such time as Zone 7 can, in some manner finance and build expanded water facilities, which facilities the citizens of this Valley do not wish to pay for without some form of "pay as you go" arrangement, indeed, growth paying for itself, Councilman Pritchard did not feel that the Council, or the City of Livermore, could any longer tolerate growth that will burden our already overburdened cost of public services. By assuming a 13% growth rate in July of 1973, there will be 3000 additional water connec- tion permits, which will possibly cause us to limit our irrigation for certain peak periods that year. By weighing this against the specter of immediate cessation of building permits in the community, CM-24-36o October 26, 1971 and the possibility of laying off some 500 to 1000 people who are earning their livelihood in the building trades in Livermore, he can only assume the very slight inconvenience of not being able to water his lawn during certain periods during the summer, he can easily see which way he would lean. There are approximately 3300 units pending from the tentative maps and final maps and those with public improvements built in, and by supposing these units will be built by the summer of 1973, predicting a 13% growth rate - 500 of those 3300 do not belong to tracts but to individuals, and another 724 are units zoned for multiple in various areas, possibly will not be completed, so there is the possibility there will be no more than 2300 units built in the next two years because of economics. Rather than talk about building permits, Councilman Pritchard suggested that the Coun- cil allow permits on those parcels of land that are in tentative maps or progressed further, and this evening the Council adopt an emergency ordinance stopping all tentative tract maps and not accepting any more tentative tract ma~s until the water problem is solved, and that the City adopt a ~500 water connection fee and hold the funds until such time as Zone 7 can determine what kind of connection fee is reasonable to build whatever facilities are needed. (Residential Bldg. Activity) The Council discussed the suggestions offered by Councilman Pritchard, and Councilman Silva stated he had thought of some- thing along this line, but in talking to the City Attorney, found there are many legal ramifications regarding all of these proposals - the main one being on tentative maps as we cannot, by law, deny the actual tentative map. Mr. Lewis added that there are legal problems relative to the tentative maps as that is simply a process for the division of land and does not pertain to the building of structures. From a legal standpoint the building of houses is separated from the tentative and final map stage, but he felt the Council has the power to prohibit the issuance of building permits and it could be adopted as a policy or a matter of law by saying that build- ing permits for legal lots created after a certain date will not be issued. Mayor Taylor commented with regard to the fee which he felt must be assessed, since Zone 7 has this power and while they are dis- cussing the matter, the developers would apply for permits imme- diately to avoid payment of this $500 fee. He did not feel we should grant permits until we have the fee established; when the fee is established and determined to be equitable, they could then allow a reasonable number of permits to be issued. Councilman Beebe stated he would not like to see applications for permits withheld inasmuch as it would affect the welfare of many in the community, and was favorable to the adoption of an emergency $500 fee to be collected by the City, and when Zone 7 reaches an agreement, our amount could be adjusted to their figure; in the meantime, if there is a run on permits, this would safe- guard the future water supply. Councilman Silva asked Chairman Becker if he could give an esti- mated time this water connection fee might be resolved, and Mr. Robert Becker advised that they do have some figures but they have not been reviewed by the Zone 7 Board of Directors - this is a preliminary study done by the staff and so in no way should it be construed to be an official recommendation by the Board of Directors of Zone 7. In giving the figures he felt he should elaborate a little about what he was about to say as there may be some confusion as to what the figures actually mean. Mr. Becker stated that if they were to finance all future water pro- jects and put the burden of cost of those projects on people CM-24-361 October 26, 1971 (Residential coming into the Valley, the initial estimates may Bldg. Activity) be something like $725 per connection fee If in fact they had a Project 2 bond issue approved to take care of the growth they are committed to, which is what Project 2 would have done, a figure like $400 per house would assure them enough money to build additional facilities in the future that may be necessary. One thing many people over- look in terms of having new growth in the Valley pay their way is the fact that the system they are now operating is not owned; there is a debt of approximately $6 million which the people are paying off. As new people come in they are helping to payoff the debt for the current system, and also for committed expenditures for water we receive by contract from the aqueduct. The fixed cost at the present time is $215,000 per year so that the people who move into the Valley are picking up part of that bill also. He stated we should not overlook the fact that the people coming into the Valley, when you speak of hook-up fees, are helping us to pay for the water service we are presently using, which is an unpaid for asset. The thinking of the Board at this time is they feel there is no one single system or method of paying for water facilities in the future; they have discussed revenue bonds to pay for new facilities strictly out of revenue from water but found that to be impractical in that the wholesale cost of water would rise substantially. Mr. Becker stated he wished to correct a mis- conception along this line - they recently raised water rates by 30%. All of their customers, including the City of Livermore and Cal Water Company, automatically raised their rates 30%; this was not justified on the basis of the cost of increased cost of whole- sale water. If they used the hookup fee and attempted to have the ability to use the tax base in a general obligation bond they think it would be an equitable approach. There seems to be general agree- ment on the Board that the overall approaches have to be used, rather than one specific way to finance future water systems for the Valley. Mr. Becker stated the Board of Directors of Zone 7 will probably attempt to institute a hookup fee somewhere between $200 and $4DO Valleywide; will attempt to investigate the possibility of increas- ing the cost of wholesale water and pursuade the public entities not to pass this increase on to the customers because it is not fair; they should pass on the cost of the wholesale water, but not add a similar percentage, plus some amount that would come out of the general obligation capability. The staff is working on this matter now, but they are trying to determine what will happen to the growth situation in the VCSD and in Livermore and are attempt- ing to make reasonable proximations and a compromise figure is to be ready at the next Board meeting at which time the Board may be able to act sometime early in December. The other thing they must resolve completely is the exact scope of what Project 2 should be. Mr. Becker stated there are other alternatives which the Council has not discussed, and mentioned some of the facility expansions which are possible as there are some capabilities of increasing the water capacity of the present plant, it had been increased once before by changing the filter bed; there could be development of storage facilities which would be more expensive. The other thing that the people of the City of Livermore should realize is that the tax rate under Zone 7 has gone down for the last two years which is an unusual thing for a taxing group. They could tax at a rate of 501, but they have been taxing at a rate of 431. As the City is able to sell more water, the tax rate will be lower in Zone 7, rather than higher - they need customers and ability to distribute water rather than ability to stop building future facil- ities. They are committed by contract to buy 46,000 acre feet of water by 1geO and they are presently buying at the rate of 12,000 acre feet per year. The more water they are able to distribute and sell, the cheaper the water bill will be. Councilman Beebe asked if there are ways and means found to increase the water capacity with the water connection fees, would it obviate the necessity of extreme water rationing in 1974 as indicated or CM-24-362 October 26, 1971 would it naturally improve the situation, and Mr. Becker stated it would alleviate it, but again there may be some misconceptions in this area. The Council had discussed an unusual rate of growth last year, higher than anticipated; actually the water consumption was very low as water consumption was only increased by 3%, so the number of houses is not directly proportionate to the amount of water that is used in anyone year. Long, extended high-temperature days have a much greater effect than anything else, and he felt it reasonable to say that water rationing of some kind can be anticipated depending on the temperature; he would hate to predict there would be extreme rationing in 1974 - there may be some. (Residential Bldg. Activity) Mayor Taylor stated that with respect to timing, he would prefer not resuming the issuance of building permits until they have set- tled the fee - perhaps for a period of sixty days, and the City Attorney was asked for advice with regard to immediate adoption of a water connection fee. Mr. Lewis stated he felt we had authority to adopt a water connec- tion fee in regard to the City's water department, but has not found the specific authority for an immediate fee. He was con- cerned about the legality of the fee without a decided purpose for the fee inasmuch as it must be reasonable in the sense it has to have an object. If an alternative plan is developed, such as a construction of a facility of our own which would take raw water in whatever amount for so much, he could see enacting a fee to pay for that as the water would be available to the City, generally, to supplement Zone 7, but we do not have that. There is the possibility of Zone 7 adopting their own fee and he did not know how our fee, if we could adopt it, would fit into that. Mr. Lewis did not feel the fee could be adopted tonight with the information they have. He hoped there was a way to prevent the issuance of building permits for such a period of time to allow Zone 7 to see what alternatives they have, even for projects strictly for the City of Livermore. The Zone District Act pro- vides that they can provide for a fee in various areas and it may be they could adopt a fee just for the City of Livermore which would amortize some needed improvement that would be avail- able for our water system - the filtration and treatment of more water for the City which is a possible alternative; this does not go to what the Council is asking about in regard to a City fee, but it is an alternative. Mr. Lewis stated he would appreciate another week to develop what can or cannot be done in this re- gard, during which time they could possibly delay the issuance of building permits to see what they come up with, and they may be able to delay the issuance of permits for sixty days, but did not feel that much time was necessary. Mayor Taylor recalled park dedication fees which had been collect- ed, under protest in some cases, which the building industry fought at great length. Some of those fees were tied up until the recent court decision, and the same thing might happen with the water connection fee and funds might be collected for a nebulous purpose. Fees may have to be returned at some later date, whereas, if they waited for sixty days, it may be done legally by the proper agency and also apply elsewhere in the Valley. Councilman Pritchard asked how many permits had been issued and the construction not completed, and Herbert Street, Chief Build- ing Inspector, replied he did not know exactly, but generally within two or three weeks after permits are issued, the buildings are commenced, but thought there might be forty or fifty. Mr. Street did state there was much building that probably will not be completed for three or four months. Councilman Silva stated after hearing testimony from a Chairman of the Zone 7 Board, who stated, in his opinion, there would CM-24-363 October 26, 1971 (Residential probably be no severe rationing in 1974, and Bldg. Activity) tying this into the Mayor's statement that Project 2 probably will be passed if we have a water connection fee, and hopefully, Zone 7 will have their bond issue in November 1972. When it does pass, it should be constructed in 1974, which should still give them some leeway. Councilman Silva made a motion to table the urgency ordinance, restricting residential building activity in the community at this time, and because of this discussion did not anticipate there would be numerous requests for building permits. Councilman Beebe seconded the motion for debating purposes, and when Mayor Taylor asked if he agreed with the motion, Councilman Beebe replied he agreed with the statements made by Mr. Becker of Zone 7; also, he had discussed the issue with the staff and they confirmed these statements as there are some reasonable expansions that can be accomplished, and for this reason had seconded the motion. Councilman Silva stated he had also received additional infor- mation regarding the expansion of the plant, which is another alternative that had not been discussed last week. Councilman Miller made a motion to allow debate on the motion to table, seconded by Councilman Pritchard, and the motion passed unanimously. Councilman Silva made a motion that they hear from the citizens in the audience prior to the Council debate, seconded by Council- man Beebe, and passed with Councilman Miller and Mayor Taylor dissenting. Mayor Taylor asked those who wished to speak to limit their remarks to one minute, and asked those who had already spoken not to repeat their point of view in the interest of time. Robert Becker stated he felt he had been misquoted as the question was whether we anticipated severe rationing by 1974; he felt we would have some difficult water days by 1974 if nothing is done and wished to make this clear. He would describe severe as being no water when a faucet is turned on. He did not wish to be quoted as saying there is no problem; there is a problem, unless action is taken as he had outlined, there will be some restraint placed on the use of water in this Valley. Barry Scherman, representative of Hofmann Company, stated they as developers realize there is a problem at hand; unfortunately they were not aware of this at the time they received a letter from Cal Water stating they would service the subdivision; nothing was mentioned about the possiblility of water rationing, and with this in mind they filed the final subdivision map and have proceeded to sell homes. With reference to a rush on building permits, since a permit is good for 60 days, it would preclude taking out 300 permits at one time as it would be impossible to start that many houses in 60 days. Three thousand permits in the community would leave approximately 2,000 unsold homes as the demand is not that great; developers will only build to the demand, and the rash of building permits will not come about, and he hoped this would be considered in the debate. Diane Carpluk, 1117 Roxanne Street, speaking as a homeowner, teacher and a member and officer of the Livermore Education Association, stated even though water is a problem, it is not the only problem as education is a far bigger problem, and for this reason there should be no more growth. CM-24-364 October 26, 1971 Janet Read, 475 Malibu Court, mentioned that the new people coming into the community would help pay our debt, but stated while they are helping to pay for this debt, they are also using the water; she did not favor water rationing of any kind but was definitely in favor of a moratorium on building permits until the problem is solved. Mrs. Read mentioned the school situation and the tax increase which she felt merely subsidized the developers. She had worked very hard for the tax increase and for the bond issue which failed because as far as children were concerned she was willing to support growth although she did not believe in it herself. She would refuse to pay another penny, as far as water rationing is concerned, to subsidize another developer. (Residential Bldg. Activity) Don Helsper, 4729 Zinnia Court, felt the Council should figure what is best for people, and not ask the people to give up a little bit, to subsidize growth. Gene Morgan, 4276 Emory Way, concurred with Councilman Silva on the suggestion that we resume the present situation with the suggestions of doing something later when the legal standpoint is made clear. He would disagree with a remark we have a "crummy" education system in Livermore because by experience with four of his own children, felt it was a marvelous system. He has lived in Livermore for 26 years and accepted most of the people who have come in since that time but felt it unfair to attempt to place a corridor around Livermore; he concurred we must have planning and growth that is somewhat controlled; he saw nothing wrong with the proposed connection fee and felt there was a way to do this; we must solve the problem which he felt the Council was attempting to do but did not feel the problem would be solved by eliminating growth. Joe Ramos, 664 Murdell Lane, felt a reasonable period of time, such as 60 days, would not do any great harm to the building industry and it would give Zone 7 time to take some action and the Council time to find out what Zone 7 plans to do and sugges- ted that the moratorium on building be continued for 60 days. Tom Murphy, Associated Homebuilders of Greater East Bay, 1157 Murdell Lane, stated when they learned of the problem the first thing they did was to come to the City Manager and volunteer their services to get involved and attempt to assist in working out the problem. Mr. Murphy remarked that a freeze of another 60 days would put them in the rainy season and made the follow- ing suggestions: 1) lift the freeze, 2) implement a committee with builders, citizens and Zone 7 to analyze the problem. Robert Allen, 223 Donner Avenue, Secretary of the American Taxpayers Union, Local #115, stated with regard to residential growth, water rationing and the interim freeze on building permits, the Union p~9~z~e~;__tAa~~rowth pay for itself, and explained there are ~aJre~ln which it has not, one being water and the other schools. Others have said either stop growth, or face water rationing, but they feel neither is necessary; pro- viding water and schools is not a function of the City government, but because of the Council's control over development and build- ing permits, City government is a practical focus for "growth pay-for-itself" concept; therefore, they urge the Council to: 1) price public facilities either to serve proposed developments without curtailing use by present citizens; 2) assess that cost fairly against new residential; 3) as an interim measure, condi- tion issuance of tract building permits on deposits of $1,000 per dwelling unit. This deposit would let building resume, charges to the deposited sum would be for the specific facilities to serve new tract homes. Milt Codiroli, president of the Chamber of Commerce, stated his feeling that we had a real problem but also thought it was one that could be solved in the best of interest of everyone. He CM-24-365 October 26, 1971 (Residential agreed children were very important; there was no Bldg. Activity) dissension as to what the citizens want - good schools, adequate water supply, jobs for the citi- zens, but they are going back and forth on the water problem. If they do solve the problem this evening by some miracle, ten years from now there will be another problem with wat- er as it is not possible to solve the problem forever. No one would disagree the community needs everything - the best of schools, all the water we can use, but we also need jobs. By placing the charts on the wall, it would indicate that the Council is giving the people a choice - the opportunity for employment to be able to feed the children or water rationing; obviously the number one thing is food for the children. Livermore is a good place to live; it can be improved; they all want the same thing - cutting growth off will hurt the community more than help it; a moratorium may be necessary at some future time, but it should not be now. They are attempting to make a judgment based on facts they do not have; they have many projections; they should wait until Zone 7 furnishes a solution. It is not fair to the citizens employed in building and related trades to stop growth. Gloria Taylor, 585 So. L street, appreciated the fact the Chamber was concerned about jobs, but stated they did nothing when there were layoffs at the Lab. She requested the Council oppose Council- man Silva's motion and proceed to freeze the building permits until the water problem is solved as well as the air pollution problem and school problem. Jim McCutchen, 2215 Hampton Rd., stated if they stop all builders, they have stopped the City; it will immediately place 300 workers out of a job; there will be a chain reaction; everyone will be affected. The only way tax money is brought into a city is by bringing in industry; if the City takes the stand to stop building for sixty days, this will scare industry and start unemployment. Industry does not need Livermore, it needs a City that cooperates; one that is growing; one where employees can live and work. If the developers are cut off, and their employees, the town will go straight down, and the taxes straight up and schools straight out the door. Clyde Highet, 1317 Hibiscus Street, stated he had listened to a lot of talk about unemployment in the building industry and asked if it was the intention to continue building in order for temporary employees to come in and work, and bring in their families. Mr. Highet mentioned the fact that he and the people in Springtown all have a $200 bond on their homes to pay for water, and asked why it was felt to be unfair for new homes to pay their way in the same manner. Ray Faltings, 1018 Via Granada, stated there are various states who have gone through the same problem, and their solution to these problems are exactly those that have been put forth before - let growth pay for itself. Numerous areas in the east have done this with schools, water and sewage in an endeavor to maintain the tax rate of people who are currently in the area, who have seen it go up. The states have endeavored to relieve the burden of the tax- payer through a lottery and saw no reason why the State of Calif- ornia could not follow suit and institute a state lottery for schools and public facilities. John Woodruff, 1010 Lisbon Avenue, stated that the need for ser- vices due to the growth rate is proceeding at a great rate, while the services ability is remaining at a constant rate, and as long as the rates are not constant the capacity to provide services to new growth is becoming smaller and will have to be made up in dollars. He did not feel the citizens should subsidize speculative business ventures. CM-24-366 October 26, 1971 Clarence Hoenig, 588 Tyler, agreed we had a water problem, and now we have everyone in favor of a fee to solve it; it is unfortunate people who do not want rationing are being foisted on the issue of unemployment. The Council has had school legislation in Sacramento to help alleviate the school problem, which the homebuilders association fought. Bond issues fail be- cause there is a lack of public confidence in performance. If the Council is sincere about growth paying for itself, steps should be taken now to institute a fee or a moratorium until a fee can be instituted. (Residential Bldg. Activity) Balazs Rozsnyai, 1526 Roselli Drive, felt that the exhibit clearly indicates there is a critical water shortage and proposed that the Council should adopt some legal method of imposing a water connec- tion fee and issue building permits after that, but not before. Lynn Cleland, 420 Jackson Avenue, stated it was clear Zone 7 could not come in with any other statement but that there is no serious water problem, because to do so would be to admit failure on their part. The implication has been that if the builders are curtailed the City will collapse, because that is the basis of our whole structur.e. On the other hand there seems to be a contradiction because if they agree building is not paying for itself, to con- tinue building is not going to improve the situation. He was sympathetic with employees of the building trades, but pointed out the Council did not offer help to those laid off at the Lab or Sandia so why should we be charitable to the developers who might have to layoff a few people. If we plan to subsidize builders to keep employment of building personnel, they should subsidize other places for the same reason. He hoped the Council was not so naive as to believe the plan of the developers which is simply to push growth until there is a water shortage, then you are sure the citizens will vote for a water bond; the same holds true regarding overcrowded schools in order to pass a school bond election. The developers have never gone out of their way to help the City unless it helped their pocketbook. Dr. David Mandeville, 1252 DePaul Way, stated the Chamber was in sympathy with the problems facing the Council with regard to the water shortage possibility, and offered their assistance to a solution. It is their contention that discussions of rationing and moratoriums are grossly improper, and requested that the Coun- cil turn to a more positive approach as the problem is not total water shortage, but transient peak periods of good quality water shortage. He requested that positive steps be taken to supply this particular need, financed by a water connection fee. Conse- quences of a building moratorium would lead to a blight on the City and cessation of any balanced growth. He felt the Council should direct the City staff to develop additional sources funded through growth. Dan Steinberg, 4174 Pomona Way, stated people had talked about the unemployment, but felt the importance of the issue had been "watered" and felt it was an excuse to say that slowing growth will scare off industry. Three years ago he had addressed the Council and predicted growth just as the Council has allowed it to grow; it will continue the same way and will go from crisis to crisis; he has not seen any so-called planned growth and control- led growth is the real issue. With the present motion on the table, there is no solution, simply another political expediency. He did not feel there was any interest on the part of the Council or an adequate effort to look at the problems of water rationing, schools and pollution. He pleaded with the Council to control growth. Earl Mason, Civil Engineer, stated he would like to present for the information of the public some comments and a chart which he had prepared in working with the Chamber of Commerce on a water committee which has worked with all the communities in the Valley for the last six months attempting to solve the water problem. CM-24-367 October 26, 1971 (Residential Mr. Mason explained the figures on the chart which Bldg. Activity) he stated was similar to that prepared by the Pub- lic Works Director, and that by watering on al- ternate days during a peak demand period, there could be a savings of water of 30%. The point he wished to make is that there would be adequate water, with adequate fire protec- tion to meet the needs of the people simply by watering every other day. Further, there is no immediate emergency, but there is an adequate supply even through the summer of 1975 with the growth projection as shown on the chart; they feel if a water connection fee is initiated to provide for growth, there will be a way to provide water in a reasonable time. RECESS AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL MEMBERS OF THE COUNCIL PRESENT. Bob Schaeffer, 785 Wall Street, felt all the discussion boils down to the fact that growth should pay for itself. Tony Oates, 1034 Innsbruck Street, did not feel that the layoff of people in the building trade would hurt the people of Livermore as most of them reside elsewhere. He would suggest that we do not curtail development completely, nor let it run wild, perhaps allow up to thirty lots per month until Zone7 decides on the water con- nection fee. Thomas Raison, 5244 Kathy Way, felt we should have growth, but it should be controlled, so there would be a pleasant community in the future. He felt the developers should pay more to the City, so that the taxpayers will not be required to pay. Paul Brown, 731 Wimbleton Lane, stated he had not seen figures presented on how water rationing every other day would help; it would not effect him one bit as he did all of his watering only one day a week. There are people who water every day and he ques- tioned how water rationing would alleviate the problem, and did not know if anyone had made a serious engineering study in this respect. George Michlin, 429 Lorren Court, stated he has lived here fifteen years and has seen many inconsistencies, and felt the water sit- uation had been exaggerated. Mark Sims, 1087 Innsbruck Street, stated every person who has spoken in favor of water rationing or continued growth is either a local business man or member of the Chamber of Commerce or an employee of an affected industry. Every person who is opposed to water rationing and wants some control placed on growth is a local citizen. He felt the situation divides itself very clearly - do what is best for the building industry and the Chamber or what is best for the majority of the people. He felt a moratorium or limit on building permits is a good idea because of poor planning in the past. Jack Leudeman, 2166 Westbrook Lane, stated he worked for a developer but was not representing one, and has just purchased his third home in Livermore in the past eight years, and prefers to live here, and asked that the Council consider the people who work for the developers, as they are also citizens. Mayor Taylor closed the discussion to the public at this time to consider the motion on the floor to lift the moratorium. Councilman Silva commented the motion is correct as stated but it was not his intent to have the moratorium lifted indefinitely, rather to wait until the summer of 1972, when, hopefully, Zone 7 will initiate a water connection fee which will solve many problems for planned expansion and they could experience what the shortage might be in 1973 and 1974 more accurately by going through the summer of 1972. There is some apprehension that builders will rush CM-24-368 October 26, 1971 in for permits, however he did not feel this would happen as they build on the basis of supply and demand and the demand is not that great, but to eliminate any such unforeseen development the Council could adopt a policy to issue permits based on the normal rate of last year. (Residential Bldg. Activity) Councilman Miller warned that every permit issued before a water connection fee is adopted, is a water connection fee not collected, and felt it was not reasonable to wait sixty days, as suggested by the Mayor until Zone 7 sets up the connection fee. Councilman Miller questioned why some members of the Council were interested in imposing water rationing. There has been testimony from the staff and Cal Water to the effect there will be some rationing next summer - even the Chamber used the threat of water rationing when they were supporting Project 2 bond issue. If they allow building permits to proceed they will go beyond Step 1 rationing and wanted to know what the public interest was in water ration- ing as it seemed as though Councilmen Pritchard, Beebe and Silva feel it is to allow growth to continue and he did not understand why it was essential to allow growth to continue in spite of the arguments that had been presented which leaves the implication that people would be laid off work permanently, and he did not feel .this was correct as the houses will be built elsewhere. He re- ferred to a newspaper article which was obviously incorrect regard- ing to the economic loss of the community; if this was the basis for the Councilmen considering water rationing, they should reflect about the source of the figures. Councilman Pritchard questioned who would be harmed by watering every other day, to which Councilman Miller replied everyone would be inconvenienced. Many people have indicated that they now water every other day and if this is the only restriction, there would be no gain. He asked what is the equity and what are the benefits of imposing water rationing vs. the disadvantages. Councilman Silva replied it boils down to what each is willing to sacrifice regarding water rationing. He would be willing to have water rationing if it would keep one man employed in the CblnffiUnity. Councilman Miller stated many retired persons have been forced to leave the community due to the high taxes, and the reason was due to growth, but he did not feel Councilman Silva was concerned about these people moving out because of high taxes. He was not willing to have water rationed so the schools in Livermore become more crowded, or air quality worse. He felt many issues were involved other than water rationing as pointed out by the public testimony all involving growth. Councilman Silva did not agree they could have a moratorium on growth because of the water problem and throw the other things in as an afterthought. They had legally attempted to stop a development because there were no schools available, but were unable to do so. Mayor Taylor felt he would speak against the motion as it was simply that business should be as usual with a few conditioning phrases. Two years ago they foresaw the problem with regard to schools and invited the homebuilders to meet to discuss the pro- blem. All stated they understood the problem and asked how they could help, and the City suggested they put their lobby to work in Sacramento to attempt a solution and they agreed it was a good idea. The City sponsored a bill to help acquire school sites, and it was killed last week in the senate principally because of the homebuilders lobby. He could understand the reason as it raises the fee to the builders; if there is not cooperation from the builders, it will not be forthcoming. Mayor Taylor mentioned the park dedication fee which went all the way to the Supreme Court. CM-24-369 October 26, 1971 (Residential Both instances indicate the homebuilding industry Bldg. Activity) operates on a different incentive which is mainly to minimize their cost. If they relax and allow building to continue they will just get talk and he felt the moratorium should continue until the water connection fee is determined, which could be substantial, and during the in- terim they may see some evidence of the homebuilding industry's lobby in order to have an equitable fee established. Mayor Tay- lor felt the water use predictions were accurate, but felt the moratorium should remain in effect at least another sixty days or sometime in the future there will be an abrupt halt. Councilman Pritchard agreed that something must be done as there is a problem and the motion to table would, in fact, mean they would do nothing. He asked if he could amend the motion, but was advised he could not. Councilman Pritchard then read the rules of the Coun- cil on the motion to table and stated they had violated the rules as they have debated for more than an hour. The Council discussed the matter of order with regard to the motion; however by vote of the Council they had voted to debate. The question was called and a vote taken on the motion to table which failed 4 to 1 with all opposed except Councilman Silva, and the matter was taken from the table. Councilman Beebe made a motion to have the subject deferred until next Monday at which time they could adopt a legal connection fee in lieu of a fee at this time. Councilman Pritchard asked if Councilman Beebe meant a continuance of the building permit freeze until that time and he replied it should continue until the next meeting. The motion was seconded by Councilman Pritchard and passed unanimously. Councilman Pritchard moved adoption of the proposed urgency ordi- nance with the insertion of the number not to exceed 3383 residen- tial dwelling units (the number in the tract maps) and to add that, "No more than 50% in subdivisions of over four (4) lots now under tentative or final tract maps shall be developed in the 12-month period following the date of July 1, 1971." The Council discussed the above motion at some length, mainly the number of units to be allowed. A motion was made to call the question by Councilman Silva, se- conded by Councilman Pritchard, and passed by unanimous vote. The Mayor then called for the vote on the urgency ordinance which was as follows: AYES: ~ Councilmen Beebe, Pritchard and Silva NOES: Councilman Miller and Mayor Taylor The ordinance was not introduced since an urgency ordinance re- quires a 4/5 vote. A motion was made by Councilman Pritchard, seconded by Councilman Silva, to set a 30-day freeze as an urgency ordinance on building permits until such time as an ordinance can be introduced and passed (generally as above stated in the urgency ordinance) and this motion was then discussed and eventually withdrawn by Council- man Pritchard. It was then made by Councilman Miller, seconded by Mayor Taylor, and it failed by the following vote: AYES: Councilman Miller and Mayor Taylor NOES: Councilmen Beebe, Pritchard and Silva ABSENT: None Discussion was held as to the possibility of allowing 300 building permits, to the end of the fiscal year, pro-rated to the developers CM-24-370 according to their final tracts and unplotted lots within the City, with an amendment to allow 800 lots; motions made and withdrawn by Councilman Miller. October 26, 1971 (Residential Bldg. Activity) Councilman Silva made a motion to introduce an ordinance allowing 100 units per month (or 800 for the balance of the fiscal year), seconded by Councilman Pritchard. This motion was discussed briefly, and prior to the vote, Council- man Miller expressed his belief that it was inconceivable that the Council would force water rationing on the citizens of Liver- more for the benefit of a small minority of businessmen, some of whom cut down trees and bulldoze down hills. Their present view is uncaring of the majority of present and future residents, re- sulting in water rationing and severe classroom shortage. Introduction of the ordinance then received the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor None * * * Councilman Pritchard proposed that the Council adopt a policy of not accepting any tentative tract maps until the developer presents the Council with a letter from the School District saying that the schools have been provided for, and the motion was seconded by Councilman Miller. The matter was discussed by the Council, with the City Attorney, upon request for comment, indicating he would do the best he could if the legality of the action taken was questioned. POLICY RE CLASS- ROOMS PROVIDED STATEMENT ON TENTATIVE MAPS The Mayor indicated that the City had taken steps through the legislature and, at some time, Council must take action, and called for the vote which was unanimous. * * * On motion of Councilman Miller, seconded by Councilman Silva, and by unanimous vote, all unresolved items were continued until the next regular meeting, with the exception of two pub- lic hearing matters as follows: CONTINUE ALL UNRESOLVED ITEMS Rezoning application submitted from Belmeda C. Haera from RL-6 District to CP District of property located on the north side of East Avenue between Hayes Avenue and Nielsen Lane - set for November 15. Proposed zoning ordinance amendment to Section 8.00 - RG District which was set for November 15. * * * As a part of the approval of Tract 2932, Hof- mann Company, one more quitclaim is necessary, that being the area formerly in lot form in an adjacent tract, now to be part of the extension of Pearl Street. It is necessary that the quitclaim be recorded in proper order as the map and other documents are processed. AUTHORIZE EXECUTION OF QUITCLAIM DEED RESOLUTION NO. 132-71 A RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM DEED On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the above resolution was adopted. CM-24-371 October 26, 1971 AUTHORIZE SOLICITATION OF BIDS FOR SIDEWALK REPAIRS SUGGESTIONS FOR PORTOLA AVE. FREEWAY ENTRANCE the westerly may be better ADJOURNMENT As directed by the Council, bids are now ready to be solicited for the repair of sidewalks. Authorization is necessary to advertise for bids, and such was granted, on motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote. * * * Councilman Silva made three suggestions to alleviate the danger existing at the new Portola Avenue entry to the freeway, and asked that they be forwarded to the Highway Department: 1) the no right turn sign is set too far back and cannot be seen; 2) the easterly lane runs parallel to merging lane for some time, and a wooden barrier seen; 3) reduce the freeway speed in that area. * * * There being no further business to come before the Council, the meeting was adjourned at 1:55 a.m. * * * APPROVE ATTEST * * * Regular Meeting of November 1, 1971 A regular meeting of the City Council was held on November 1, 1971 in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presid- ing. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES PRESENT: Councilmen Beebe, Silva, Miller and Mayor Taylor ABSENT: Councilman Pritchard * * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Allegiance. * * * The minutes of the meeting of October 18, 1971 were approved as submitted, on motion of Council- man Silva, seconded by Councilman Beebe, and by unanimous vote. * * * Alfred Goldberg, Vice Chairman of the Sister City Committee, reported on the visit this past summer by a delegation from Livermore, consisting of Don Nolte, representing the City, and his wife and son; himself, wife and son, representing the Sister City Com- mittee; Dr. and Mrs. Robert H. Bartlett and Mrs. H. Snider and daughter, members of the Sister City Committee. Mr. Goldberg stated the main purpose of the visit was to meet with the Sister SPECIAL ITEM ( Si ster City Visit) CM-24-372 November lj 1971 City committee to discuss problems and ideas of mutual interest and formulate plans to continue and enrich the program. Both committees agreed it was important to expand the exchange program to areas other than those involving students; as a resultj Quezaltenango suggested an exchange of a City employee or hospital employee; an exchange in some field of art might also be useful. 'The Livermore committee suggested the possibility of a short term teacher exchange during a vacation period. The Quezaltenango Committee is anxious for members of the committee to be present at the dedication of the Livermore P ark in Quezal tenango next September. There \'1ill be members of their committee visiting Livermore in November or December. (Sister City Visit) Mr. Donald Nolte added that he had met and visited with the Librarian and the City of Livermore presented Quezaltenango with a volume of Norman Rockwell IS drawings and received in returnj some books in Spanishj stating there would be more exchanges in the future of cultural material. Mr. Nolte thanked the Council on behalf of himself and his wife and son for the opportunity of visiting our Sister City. * * * Don Helsperj 4729 Zinnia Courtj referred to the discussion relating to water rationing last week which was not on the agenda this eveningj and stated that two points were overlooked: 1) can the City legally limit utilities by willfully exceeding the capacity; 2) can the City exceed the existing capacity of those utilities. Last week it was stated that the City was not in the businss of supplying water; this is truej most of the water supplied comes from California Water and they are under the jurisdiction and control of PUC. Therefore, he believed the City could not tell the citizens how much water they can use. He felt if the Councilj with prior knowledge, exceeds the capacity of existing utilities or tried to limit the use, the Council would be willfully comrnit- ong an illegal act. OPEN FORUM (Water Rationing) -l(- * -l(- Paul Brown, 731 Wimbleton Lane, brought to the Council's attention a state law which he felt the Council may unknowingly be violatingj and read a paragraph from the Public Resources Codej Division 13, Environmental Quality, Chapter 4, having to do with the conservation element of the general plan, which makes it necessary to make an environmental impact report on projects which may have a significant effect on the environment. He did not feel that the Council had prepared such an impact report on any of the develop- ments approved since 1970, since the law went into effect, and questioned if the 800 building permits they are about to approve are in developments that may have been approved during the year, not in accordance with the law he was referring to. (Environ- mental Impact Study) Mayor Taylor stated that they have discussed the law and that they all have copies. The City Attorney is also studying it and they have instructed the Planning Department to draw up an environmental element as part of the general plan but as yet, do not have clear guidelines as to the requirements. Councilman Miller felt that the point raised by Mr. Brown was a good one and perhaps the validity of these approvals, lacking the environmental impact report, is open to some question. Mayor Taylor felt that they should refer that question to the Attorney if the Council is, in factj in violation of the Act. Lewis stated that he very much doubted that, but would have a report prepared on this subject for next week. City Mr. * * -l(- CM-24-373 November 1, 1971 Dan Steinberg, 4174 Pomona Way, thanked the City Council for their action the week before in setting a criterion for living quality in Livermore in speaking about the proposed policy regarding schools and would like to see the momentum continued in the future in setting other criteria relating to the quality of living, and in particular, a point that was brought up several years ago by former Councilman Uthe, that growth planning should be in some way hitched to an air quality index. He felt that it would be impossible for Livermore to do anything along this line alone but perhaps they could work with Pleasanton. (Comment Re Schools - Air Pollution) Mayor Taylor referred to a special meeting the Council had at which time a presentation was given by a member of the Bay Area Air Pollu- tion Control District staff, and at the conclusion of that meeting our staff was instructed to obtain whatever data available to start a specific study with regard to the Valley. * * * PUBLIC HEARING (Rezoningj 603 Enos Way, Dan Enos) the engineer tions of the An application was submitted by Dan Enos to permit a change from RL-6 District to RG-16 District for the property located at 603 Enos Way. A letter was received from the attorney representing the applicant asking for a two week postponement on this matter, as had not been able to complete the study on the ramifica- Planning Commission's decision. Mayor Taylor opened the hearing at this time to be continued until November 22, and asked anyone who might wish to testify to wait until that time, if possible. Norman Smith, 675 Enos Way, protested continuance of the rezoning re- quest inasmuch as the neighbors were present and ready to testify, and did not feel the request for postponement was valid. The Council discussed whether or not the hearing should be postponedj the objection for postponement made by Mr. Smith and whether or not a policy change should be made in this regard. Craig Lighty, 2643 Kelly Street, felt if there was to be a postponement, there should not be arguments against the project at this time and was in agreement with the points made objecting to the postponements. Burke Critchfield, representing the applicant, felt the owner of the property had certain rights when he makes an application for rezoning inasmuch as it is his property that is at stake. They had done their utmost to work with the staff and Planning Commission to work out the problem, as it involves an unusual shaped piece of property. They had attempted to contact every home in tre area to explain their plans and have a petition signed by 50 families agreeing to it, and only two who did not - Mr. Smith and Mr. Lighty. The application was for the rezon- ing of 3t acres, and the Planning Commission at their meeting stated that they would give a rezoning on two acres if they would donate the other It acre for a parkj however, their plan was for the whole parcel. Mr. Critchfield stated that his client did not care for a continuance any more than those who opposed it, as it was expensive for him to have a continuance. A motion was made by Councilman Silva, seconded by Councilman Beebe, to continue the public hearing until November 22, and passed by the follow- ing vote: AYES: NOES: ABSENT: Councilman Beebe, Silva and Mayor Taylor Councilman Miller Councilman Pritchard * * * PUBLIC HEARING The Planning Director explained that the proposed RE GENERAL PLAN General Plan amendment regarding the Livermore Ar1ENDr~NT Trailway System is not an instant trailway system Trailway System that will be adopted and completed within a year - like the rest of the plan it is a 1950 to 1980 pro- ject, and the development of the plan began many years ago. As CM-24-374 November 1, 1971 proposed, the plan need not be a luxury type of develop- (Public ment, but can be anything from an unimproved easement Hearing) to something like the l",uezaltenango Parkvvay; it is not a comprehensive bike trail system, but there has been some dis- cussion about a neighborhood system of trails similar to the pedestrian walks; the plan is not an integrated bike and street system. The proposal is not a new concept, but at the time the Quezaltenango Parkway was proposed, the llanning Commission was asked to explore the possibilities of a comprehensive trailway system. A great many people have contributed ideas and are in agreement as to how the system is to be developed. The plan not only defines where the trails are to be but also their func- tion and indicates the location and use of the trails. Mr. Musso showed a few slides, commencing with the 1959 plan when there was the Arroyo Mocho and Collier Canyon Parkway area as the major portion of the plan; in 1965 the plan was expanded to include the Arroyo Del Valle and the Isabel Avenue Parkway alignment and now there was the composite of trepast general plan and now the precise plans for the various neighborhoods which have been developed over the years as well as new contributions by the Plnning staff and others to whom it was referred. The plan proposes that the City develop a series of horse trails to cross the City or to travel north and south of the City. The nucleus of the trail system is Robertson Park. The bike system is geared to transportation as well as recreation and both of these were developed as a series of origins and destinations. As far as pedestrians are concerned, it was concluded that this aspect needed no particular study, as pedestrians would be allowed to proceed any- where within the public right-of-way and parks and roadways. The first link: of the traih!ay system is almost complete at the present time as you can go from Almond Avenue Park to Robertson Park areas, crossing streets but for the most part, traveling off public side- walks, very often in a parklike setting. Mr. Musso explained, in some detail, the plans for a portion of the areas, and concluded that at the Planning Commission meeting there were no comments or additions to the plans and adopted the plan and recommends adoption by the City Council. Councilman Beebe asked if it was the intent that most of the trail- ways be kept in their natural setting, and Mr. Musso replied that some will be and some will not; in many cases it will only be a sign on a street. Mayor Taylor opened the hearing at this time for comments from the audience. Mrs. Margaret Tracy, 1262 Madison Avenue, had spoken before the Planning Commission giving her personal enthusiasm for the plan and spoke as a regional representative for the California Roadside Council, giving her support to the plan. The California Roadside Council stated that they had been actively working to support two bikeway bills before the legislature, SB-265 and SB-I100, both of which seem likely to succeed; but meanwhile, local plans like the one in Livermore seem most promising. Mrs. Tracy stated that SE-2~is entitled, Bicycle Recreation and Safety Act, which requires the inclusion of bicycle paths and routes in local plans and subdivisions. She felt we had the golden oppor- tunity to establish an excellent system as outlined by the Planning staff for the Council's consideration. Ed Sitzberger, employee of the Director's Office of the Lawrence Livermore Laboratory, on the planning staff, stated they had taken a poll recently and 900 people answered the questionnaire, of which L~L~3 stated that they are frequent bicycle riders to work, and read some of the comments which v!ere included on the questionnaire - all in favor of the bikeways. Mr. Sitzberger stated that the nmnber CM-21.j.-3T5 November 1, 1971 (Public Hearing) of people would be doubled if the bike way was Trailways improved. 190 children are currently riding bicycles to the recreational facilities at the Lab - this too would be doubled. There would be overwhelming support and he would urge the adoption of the plan; also, it would be appreciated if some interim solutions could be worked out, for safety. Roger Everett, 572 Hazel street, representing Sandia, stated that they had also taken a poll and received a response from 424 out of '746 ViTho live in Livermore; 108 indicated that they now ride a bicycle to work. He read some of the comments, the majority of which dealt with the problem of safety ~ both from the cyclist and driver's viewpoint and most felt that the bik~ways should be away from the roadways because of safety and smog problems. Most did not want to see the general public taxed for the bikeways, but rather the tax should be on the bicycles. Michael McCracken, representing the Livermore Area Recreation and Park District, commended the staff and Planning Commission; the District has reviewed the plan and had made suggestions, many of which were incorporated. The District believes the City should continue to be responsible for the implementation of bikeways along streets and in residential areas; a great deal of that is done in dealing with the developer and the City is experienced here, and the District does not want to get involved in that aspect. As far as the arroyos, the District would like to work cooperatively with the City and have parks along the arroyos, and perhaps have some sort of agreement on how the arroyos should be developed and main- tained. If the plan is adopted, it would become a part of the Recreation District's master plan. Robert Allen, 223 Donner Avenue, mentioned the motor bikes in the arroyos and asked if the trails would accommodate motor scooters or if they would be barred; he felt this is a decision that should be made, but also, there should be some provision made. Mayor Taylor commented that much of the motorcycle operation is quite illegal; there have been many complaints and the staff has been instructed to investigate. He agreed that there were very few legitimate places for those youngsters to ride and did not know what is to be provided for them, but did not think the parkway plan involves motorized vehicle planning. Mr. Musso added that it was discussed but not made a part of the plan; the Planning Commission generally has the idea that someone should delegate an area where this activity could be conducted away from the City, but there had been no decision made. Mrs. Candice Simonen, 692 Jefferson, speaking as a representative of Livermore Bikeways Committee, a recently formed citizens group in Livermore working to make bicycling safe and more convenient, fully endorsed the trailway system to the general plan. She felt that the proposed plan could be considered a phase of a master plan for a more extensive bike~'Vay system which would incorporate the establishment of bike routes on City streets by marking bike lanes. Their committee had also gathered information on the current bicycle use in Livermore; school children are the major users and they had counted a total of 2,b30 bicycles parked at the City schools; East Avenue is the most used route and they had counted on one day, L~67 bicycles in less than a 2-hour period. They feel that another route that could have great potential benefit is the one to Shadow Cliff regional park, and it would be desirable to have a safe route for children to this park. The City Council was officially urged to encourage the use of bicycles in Livermore by making the riding of bicycles safer and more convenient, and it was felt that the adop- tion of the proposed plan would be a step in that direction. Janet Read, 475 Malibu Court, stated that much of the parkway will be along private property and wondered how much effort the City had CM-24-376 November l~ 1971 made to acquire some of the property for parks. Also~ one of the slides had indicated water near Robertson Park~ but the owner is having fill brought in and wondered if this property could be purchased~ as it would make a nice recreation area with the water in it. She also ques- tioned the cementing of the arroyos which had been discussed some time ago, and wondered if it would interfere with the trailway system. PUBLIC HEARING (Trailways) Mr. Musso replied that the final design of each of these segments had not been discussed in detail; in areas where the channel must be fully developed, the trailway would be the maintenance road~ but there has not been given much thought as to which of these would be natural and which would be improved channels. Mr. Lee commented that he had recently completed an arroyo study which is a follow-up to this study, and recommends standards for development of the arroyos for parkways. There is nothing in the report that recommends lined channels; there is no thought of concrete lining. Councilman Miller stated that even though they are not concrete lined, they are trapezoidal, graded channels. Mr. Lee stated that it is not necessarily so, as in the report, they show what a standard trapezoidal cross section would be, but they also show how that can be modified to retain a natural appearance. There followed some discussion as to the width of the arroyos, channel flow, and who would take the responsibility for the widening. Leon Smith, 846 Caliente Avenue, stated that the Council should approve of the trailway plan; the plan should be flexible enough to permlt improvement and additions. To maintain the citizens' interest, they should be informed of the exact locations by perhaps preparing a map of the trailway system. Mr. Musso stated that there were many people interested in horse trails in the early stages of the study; they did make a survey and counted something like 1,500 horGes in the area; also, gave a tremendous amount of support for developing the system - offer of money to buy signs and equipment; also, the possibility that they would improve the trails and also police the trails during periods of heavy use. Gordon Smith, 5262 Irene Way, stated that there has been discussion regarding the bike trail along East Avenue, however, the report is conspicuous in not mentioning East Avenue, and asked what is being done. Mr. Musso stated that it is essentially complete along the area fronting Wagoner Farms; th::r'e is agreement with the next tVIO properties towards the Lab to Similarly install the park trail, and the only problem there will be the portion in the County. If the plan is adopted~ the City will have to undertake the connection of the two. James Tracy, 1262 Madison Avenue, stated that it would be nice to have the bike trail separated from the roadway. In observing the children along 2ast Avenue, he felt that they were not aware of where they should cross. A route should be considered to the shopping and center of town. Councilman Beebe made a motion to close the public hearing; motion seconded by Councilman Silva and passed unanimOUSly. Councilman Beebe questioned Mr. McCracken as to whether it was the intent of the Recreation District to maintain the trailways Cf/!- 24- 3 1'1 November 1, 1971 PUBLIC HEARING (Trailways) if the City does acquire them, and Mr. McCracken stated that they would maintain the trailways along parks. Councilman Miller made a motion to adopt the lOth Amendment to the general plan - the Livermore Trailway System as part of our open space element; motion seconded by Councilman Silva and passed unanimously. Mayor Taylor commented that this was only a very general plan and that there will be discussion regarding implementation, particularly how they acquire the various properties, but it is important to make it a part of the general plan because state assistance might be available, contingent on the City having a valid general plan. * * * The public hearing regarding width lines and special building lines along Vasco Road, be- tween US 500 and Dalton Avenue; First Street, between Maple street and US 580, was continued from last week. Stanley Blvd. was deleted, as this had been completed previously. The Public '('orks Director explained the future width lines which were being considered along First street, between Maple street and US 580, a portion of which was unequal, between Maple Street and Portola "'wenue, and made necessary due to the development on the north side. In 1961 the Council adopted the policy that the extra widening would be taken from the south side, and this policy has been followed since that time. This provides for an ultimate width of 104 ft. as a standard for major streets. Mr. Lee pointed out that there are places where the future width lines go through build- ings that now exist, as this is implemented some years in the future, it might require some acquisition by the City. 20 AMENDriIENT RE FUTURE WIDTH LINES-SPECIAL BLDG LINES (Vasco Road First Street) Mr. Lee went on to explain that the future width lines on Vasco Avenue in the City limits, and stated that outside the City limits the County will establish the lines. A portion of the road in the Bevilacqua tract was developed at the standard 88 ft.; now with the standard 110 ft. to conform with the County standard the extra widen- ing will be from the east side. Mayor Taylor opened tnepublic hearing at this time to receive comments from tneaudience; however, none were voiced. A letter had been re- ceived from the law offices of Varni, Fraser, Hartwell & Van Blois, representing certain property owners located on the west side of First Street near the intersection of Scott Street, regarding the City policy on widening. Mr. Musso explained one of the big issues at the Planning Commission discussion was the question of the City policy on widening and the policy has been that when there is an eccentric widening, the City will participate in the improvement land acquisition to the extent of the inequality of the unequal widening. There are two conflicting policies - one, that we could not track down, except it happened at a study session, about the City involved in the full cost of the inequity; the other on a map that has a lesser participation. He felt that it would be a good idea for the Council to restate their position to the extent of the inequity the City will pay for whether it be the full inequity or a portion of it. Mr. Lee stated that where the City requires street widening and street improvements as a condition of development, and where the widening is unequal from each side, it is the City Council's policy that the City will pay for one-half of the right-of-way and street improvements within the portion of the excess widening. (The differ- ence between the larger widening on one side and the smaller widening on the other side.) CM-24-378 Hr. Musso stated that the people Hho testified felt the City should participate in the full cost of unequal widening and all of the pavement for the unequal widening. November 1, 1971 (Vasco Road First ,street) A motion was made by Councilman Beebe to close the public hearing, seconded by Councilman Silva, and approved unanimously. Councilman Miller made a motion to adopt the future building lines and special building lines as described, together with the policy as outlined by the Public Works Director; motion was seconded by Councilman Beebe. Councilman Silva stated that if the tracks are relocated, the widening of the street would be unnecessary; therefore, he felt that it may be undue expense to the City and the property owners to widen it. I'ir. Lee explained that there may not be much occurring in that area, so there may not be too much unnecessary improvements constructed, in case First Street should be relocated. On the other hand, if it is not protected and development occurs and there are no plans for rerouting First street, the street would be protected. Councilman Silva also questioned as to Hhether it would be less expensive to have the widening on the south side as planned, and TITr. Lee felt that it vJOuld be. A vote was then taken on the motion which passed unanimously. * * * The public hearing regarding Zoning Ordinance ~nendment or Section 3.00 as it relates to the development of land to be subdivided by condominium was continued from the meeting of October 26. PUBLIC HEARING ZO AI/[2::JDII[ENT SEC. 3.00 The Planning Director explained that this matter was initiated after the adoption of the townhouse ordinance; there was concern expressed by some members of the Planning Commission and some Councilmen that a recent attempt to subdivide apartment houses by means of condominium Hould circumvent the ordinance. It was concluded that when the townhouse ordinance was adopted that townhouses being single family in nature even though its form is multiple family, that they have additional requirements beyond that of apartment houses such as lower density, greater parl{ing requirements. On this assumption the Planning Commission initiated, at the direction of the Council, an ordinance amend- ment with a recommendation for adoption. The Council did adopt an emergency interim ordinance until such time as the public hearing was held and decision on the final ordinance. The Planning Commission recommendation is that an apartment house divided by condominium methods would be considered a single family dwelling and, therefore, must conform to the townhouse re- quirements of the Zoning ordinance. Mayor Taylor opened the public hearing at this time and asked for any comments on the proposed ordinance, however, none Here voiced and Councilman Beebe made a motion, seconded by Councilman Silva, to close the public hearing; motion passed unanimously. Councilman Beebe questioned a paragraph referring to any apartment house built after the date of adoption of the townhouse ordinance which cannot be divided by condominium; those created before that time could be. CM- 2L~- 379 November 1, 1971 (Public Hearing) Mayor Taylor stated what he had in mind when the ordinance was originally proposed - to prevent a subdivider from building a townhouse development (refer ing to a definition by design) which should be covered by the townhouse ordinance, by just calling it one lot, building an apartment build- ing and later subdividing it by condominium. The intent was to prevent something like this from happening. However, the proposed ordinance completely prohibits any condominiwn type development unless it is a townhouse, and he felt that was an undue intrusion of government, and felt it was proper to allow a condominium development instead of an apartment development; they might want to require certain additional amenities if it is known there will be a large number of bedrooms, but to prohibit it is wrong. Councilman Miller stated that his reason for supporting the urgency ordinance was for the reason someone could build a townhouse with a higher density; call it an apartment house and then subdivide it as a condominium thereby evading our townhouse ordinance. The same amenities and open space density consideration should be applicable to a condominium in the up-and-down form as to a condominium one-on top of the other form. Properties designed for single family use, for sale to individuals, should satisfy the townhouse ordinance. Mayor Taylor commented that the townhouse ordinance is mainly con- cerned with the aspect of design. It would be ludicrous to build an apartment type development to conform to a townhouse ordinance which was designed only for detached, one house on a lot, townhouse type design, and he did not feel that the ordinance before them would apply. Councilman Silva stated his agreement with Mayor Taylor and that is the reason he voted against the ordinance. Even though it might be stated this is a single family unit, he felt the individual living there has the right to own it; therefore, he did not feel that the ordinance was proper. Councilman Silva made a motion to table the ordinance if that is what would kill the ordinance, and asked the City Attorney for advice. Mr. Lewis explained that if after the hearing it is decided that they do not wish to make any permanent regulations in this area or modify what there was before, in the form of an existing urgency ordinance, he felt it falls because of its own weight. In other words, it terminates as of the time the Council decides to take no action or some different action. Councilman Silva made a motion that no action be taken on the ordi- nance as proposed; Councilman Beebe seconded the motion, as he would prefer that the cutoff date be clarified. Councilman Miller offered that since there is a question of cutoff dates, that the discussion be continued until Councilman Pritchard returns and to resolve whether they would allow condominiums without regulation or allow them with regulations. Councilman Miller moved to table the item until the next regular meeting, however, the motion failed for lack of a second. Mayor Taylor felt an ordinance was needed to cover condominium development, but it must be more extensive and there should be design standards. Mr. Musso stated that the issue was to prepare an ordinance that would keep a development to be developed like a townhouse; then subdivided by condominium. Both townhouses that have been built have b en done under RG regulations; they are just apartment houses. The on y reason they are treated differently is that there was a varian e granted to subdivide them. CM-24- 80 November 1, 1971 Mr. Lewis questioned the intent of the discussion (Public Hearing) as there is a legal action pending, and he must have some direction; if the Council meant they are concerned about evasions of the tmmhouse ordinance vlhich is essentially RG-10 type of development; that is vtl ere it is designed to exist and that apartment houses to be constructed in 14 and 16 Zone, are not the kind of things the Council is concerned about at this point in time. Mayor Taylor explained that the reason he proposed the urgency ordinance was for the reason stated by Mr. Lewis and in addition, there has been raised the question that there should be standards to regulate condominiwn developments; he felt that this should be covered under a second ordinance. Mr. Lewis questioned if it was the intent of the Council for the staff to look toward some regulation that identifies the time of the issuance, review of the plans, as to what the future intent of the developer is for the disposition of the building - if he intends to make it available for sale. Councilman Silva stated that part of his motion would be to direct the staff to prepare a study for condominium developments. T.'lr. r.1usso asked if it VJas the Council's intent to take any action regarding the freeze on existing apartments, however, the maker of the motion indicated he did not. Councilman Beebe stated that he was not concerned about the different zones as long as the developers do not intend to sub- divide by condominiunl, after the cutoff date of the adoption of the townhouse ordinance. If there is an indication the units are to be sold as condominiums, it should be developed under the town- house ordinance specifications. Councilman Miller felt that he and Councilman Beebe were both looking for some type of regulations; the major issues in the townhouse ordinance were open space, density and family composi- tion for single family uses. Councilman Silva moved the question, seconded by Councilman Beebe. A vote was taken on the motion and passed 3-1 with Councilman Miller dissenting. The matter was referred to the Planning Commission for initiative of a Zoning ordinance amendment regarding condominium regulations. * * * The public hearing on the proposed underground district, Second Street, from So. Livermore Avenue to South N Street, and certain areas of South L and South M Street, was continued from the meeting of October 26. PUBLIC HEARING RE UNDERGROUND UTILITIES The Public Works Director explained the exact locations of the proposed underground district as defined on the map; further the plans for the undergrounding. The completion date is scheduled for September 1, 1972; no construction will commence until after the holidays so there will be no interference with commercial activities. In conjunction with this project, the City will be placing new street lighting vuth underground power service to the fixtures. The matter has been referred to the Beautification Committee for study of the type of fixtures that would be most suitable for this area and within a month or two there should be a recon~endation from them. Mr. Lee stated that the district provides that the property owners abutting the various places designated, who presently obtain their power or other utility services within the district, will have to provide their own service from the street into the building. CM-24-331 November 1, 1971 PUBLIC HEARING (Underground utilities) Mayor Taylor opened the public hearing for com- ments at this time. Milton Codiroli expressed concern regarding the cost, and asked if there were any figures available on the connec- tions from the street, and Mr. Lee stated that it varies considerably. If they are presently taking their service close to the street the fee could be as low as $100 or $125 to make a reconnection; on the other hand if they are taking the service toward the back of the building and the panel box must be relocated, it could exceed that amount substantially. Mr. Codiroli also asked about the length of time for completion and Mr. Lee explained this in detail, stating there would be as little disruption as possible; most of the street work has been done so that there will only be cutting of the sidewalks and installing the pole boxes and duct work. Councilman Beebe stated that due to his affiliation with one of the utilities he would abstain from discussion and voting on this subject. Councilman Miller made a motion that the public hearing be closed, seconded by Councilman Silva, and approved unanimously, to direct the staff to prepare a resolution for the undergrounding district to be presented next week. * .)(- * CONSENT CALENDAR Appointments Library Board Airport Committee RESOLUTION NO. 133-71 APPOINTMENT OF MEMBER TO THE LIBRARY BOARD (Clifford C. Marcussen) RESOLUTION NO. 134-71 APPOINTMENT OF r1E~ffiER TO THE LIBRARY BOARD (James V. Dimmick) RESOLUTION NO. 135-71 APPOINTMENT OF MEMBER TO THE AIRPORT ADVISORY COMMITTEE (William B. Bennett) * .)(- * Report re Airport Lane Use Commission The Airport Land Use Commission has finally established the boundaries of their planning area of influence for the Livermore Municipal Airport, as recommended by our City, and a report was received from the County Planning copy of this Department. * * * Communication re Park & Recreation Measure (Assemblyman Z'Berg) A communication was received from Assemblyman Z'Berg regarding the park and recreation measure soon to reach the Governor, soliciting support. It was the Council's decision to strongly support the to our legislature. measure by resolution RESOLUTION NO. 136-71 RESOLUTION REQUESTING GOVERNOR TO SIGN AB-3066 BONDS FOR PARK AND RECREATION FACILITIES. * * * CM-24-382 November l~ 1971 The building report for the month of September was acknowledged. * * * Minutes were received from tre Beautification Com- mittee meeting of October 5~ and the Housing Authority Board of September 28. -J(- * -:f A communication has been received from the County of Alameda regarding Health Care Services Agency~ in response to an inquiry from our City. Building Report (September) Minutes (Various) Comrnunication re Iieal th Care Services Councilman Miller remarked that the report indicates that teachers no longer must have the TB X-ray~ except in the instance of nursery school teachers~ of which there are approximately 100 in the city; many of whom are of low income~ and asked if a letter CD uld be directed to the County asking that they send out a unit~ perhaps in September~ to Santa Rita to perfo~ this function. Mayor Taylor stated with reference to the citizen's advisory board mentioned in the letter that they ask if it would be appropriate that they name a member of this board from Livermore~ and felt if it is allowed the Council should appoint someone. -:f * -)(- The City Manager reported on the FAA lease for the control tower stating that the lease is for a site easterly of the Airport administration building. There is to be no consideration for the occupancy of this plot; the term of the Ie ase is tVlenty years and the City has the obligation of extending lighting controls to the tower. The cost of the tower erection and eventual manning is entirely borne by the Federal Government. It is recomwended that a resolution be adopted authorizing execution of the lease. RESOLUTION NO. 137-71 RESOLUTION AUTHORIZING EXECUTIOIJ OF AN AGREErv1ENT * * * On motion of Councilman rltiller~ seconded by Councilman Sil va~ and by unanimous vote ~ the Consent Calendar i/vas approved as amended. * * * After a brief recess the meeting resumed 'wi th all Council- men present. except Councilman Pritchard. * * * The Reeder Development Corporation has asked for a continuance on the consideration of the tentative map of Tract 3043. Mayor Taylor stated that since there is a 40-day period under the law in which the Council must act on a tentative map~ if the applicant \'/ill agree to add seven days to the time limi t~ perhaps could continue the matter. Report re FAA Lease-Control Tower Approval of Consent Calendar RECESS TENTATIVE MAP Tract 3043 Reeder Dev. Corporation the Council On rnotion of Councilman Silva~ seconded by Councilman Beebe~ and by unanimous vote~ the matter was continued until November 8. * * * CM-2L~-3G3 November 1" 1971 Ken Mercer" manager of the local branch of the Pacific Telephone Company" referred to a bro- chure included in the agenda in which the telephone company recommended that the existing southern Alameda County directory be separated into two directo- nes. The company feels it would be advantageous to the people in the area as the directory would be reduced to only 212 pages. There would also be a reduction in advertising rates of about jO%. The Dublin areas are primary to the Contra Costa telephone book" but there was a community interest between them and the people of this Valley so they will be cross-listed in this area as well as the Sunol residents. If a directory for the other side of the hill is desired" there will be a post card included on the back page of the directory" to mail and a directory will be delivered. REPORT RE TELEPHONE DIRECTORY It is the company's intention to file this matter with the PUC on Friday" November 5" 1971; there are two ways of filing - one is by public hearing and the other by ex parte which eliminates the public hearing if all of the cities within the area affected will adopt a resolution agreeing with the directory separation. On motion of Councilman Silva to support the presentation just made; seconded by Councilman Beebe" and by unanimous vote" the following resolution was adopted. RESOLUTION NO. 138-71 A RESOLUTION CONCURRING WITH PACIFIC TELEPHONE COMPANY'S PROPOSAL TO SEPARATE EXISTING TELEPHOl,ffi DIRECTORIES * .x- * As directed by the Council" the City Attorney reported with regard to the City assessing a separate water connection fee" stated the examination of the available statutes in case law in California indicates the City does not have that authority and he has so advised them in a written report. The City may legally assess a water connection fee to be applicable within the confines of that area served by the City water service" but that area only. Mr. Lewis stated that certain questions came up during his examination: for example" we cannot collect a fee as part of the water system and give it away and we cannot make a loan to another public agency; these are prohibited by the Con- stitution; we cannot collect a fee in advance of somebody else collecting the fee or enacting the authority for them. REPORT RE WATER CONNECTION FEE ASSESSMENT Mayor Taylor stated that would mean if there is to be a fee established" it must be established by Zone 7" either Valleywide or in a township" or the City of Livermore" to which Mr. Lewis agreed. Councilman Beebe questioned ,vhat time table can be set for action" and Mayor Taylor stated that the earliest that Zone 7 could act would be at their next meeting" but there has been no time schedule set. Mr. Parness stated that he could not see the reason for the delay unless it is stipulated by state statute that they cannot intro- duce a law other than at a regular meeting. He saw no reason vlhy the Board cannot undertake introduction of such a matter right away" especially as it has to do with the financial welfare of our City unless they may need time for composition of the fee" in which we could be of help. CM-24-384 November 1", 19'(1 Councilman Silva felt that we should urge Zone 7 to call an emergenc~l meeting and if t[le law does not permit this", perhaps they could at least have a study session. Mayor Taylor agreed as he was against re- sumption of issuing building permits until the fee is established. lIe did not feel it Vlould be responsible to issue building permits", Imovdng that ever-<J one issued means a $500 loss to the public and a delay in affecting a permanent solution; also if there are a large number of people opposed to the fee", there would be pressure on Zone 7 to delay; urgent action is necessary. (Water Connection Fee Assessment) Councilman Beebe made a motion that to immediately contact Zone 7 staff from them - even an interim fee", or back to the Council by next Monday. motion and it passed unanimously. the City Manager be instructed to request a quick decision permanent fee", and have this Councilman Silva seconded the Councilman Silva asked if it was possible to release some building permits with a stipulation that in 90 days there would be a water connection fee charged prior to issuance of a final inspection. r'lr. Lewis stated that he did not thinl\: this could be done", and explained his reasons", and added that possibly people coming in for permits might be vlarned", if the Council should decide to release them", that ~one 7 may enact a fee and arrangement should be made so that it can be handled without too much hardship between buyer and seller. Councilman Miller stated that one of the problems in that instance might be that the sale would be completed before the fee was established. Milt Codiroli asked Mr. Lewis if it would be legal if the builders would offer voluntarily to place an amount into escrow account"' pending Zone 7 decision", and Mr. Lewis replied that he thought they had the power to make a gift to the District. The District Act states that the District has this right. Mr. Codiroli stated that the Chamber could contact all the builders in Livermore and have them agree to a realistic figure for the interim period", and asked if the Council would consider this offer. Mayor Taylor asked if this would be in the form of a contract"' however", Mr. Lewis advised that it could not be a contract"' it would be a gift only. I.lr. Codiroli stated that assuming the Ci ty planned to implore Zone 7 to move as quickly as possible", what if the Chamber also moved as quickly as possible so that one week from today either Zone 7 has a solution", or the Chamber appears with the builders in Livermore who have agreed to a gift, in a certain amount"' when applying for building permits. Rather than wait a week and have nothing, perhaps they could both proceed and have something settled. IiII'. Codiroli asked if there vere some relatively firm figures which could be used. Mayor Taylor asked the Council if they would agree to continue the building freeze for another week until they see what the Chamber and Zone 7 can 'work out and a motion Vias made by Council- man Silva", seconded by Councilman Miller", to continue the hold on the building permits for one more week, passed unanimously. Anthony Varni asked if the staff could consider tying this fee to the occupancy permit"' and legally indicating which lot received a building permit during the time of question as to what Zone 7 intends to do", and ~layor Taylor replied that the City Attorney would possibly take this into account. CM-24-33:..i November 1, 1971 (Water Connection Fee Assessment) Councilman Miller asked if this decision had any effect on the ordinance proposed for regulating the use of water and sus- pending the issuance of building permits. Councilman MJller referred to the City Attorney's memo in which he pointed out that the law states that the water service companies are not to extend service to further customers to the detriment of existing established customers. Councilman Silva made a motion to continue the second reading of the ordinance with regard to regulations of water and issu- ance of building permits~ The motion was seconded by Councilman Miller and passed unanimously. * * * The City Attorney referred to the report in the newspaper with reference to the determination in the Amador Valley Investors case - i.e. the suit against the City be- cause of the discharge of our sewage effluent commencing in April of 1967, ordering the City to pay damages in the sum of $93,000, plus 7% interest thereon from January 1, 1968, for a total of approximately $111,000. The judge issued a memorandum opinion which, upon examination, leaves doubt as to the exact basis on which he held the City liable: to wit, whether it was negligence or inverse condemnation, and makes a difference as to which it is. Our insurance carrier advises that we have insurance if it is in negligence, but if it is in inverse condemnation, the carrier indicates they do not intend to pay. Mr. Lewis explained what the next steps are in the proceedings, and felt the judge would conclude inverse condemnation; in that event, he recommended the City appeal any judgment entered in this case, and advised the cost would be $3,000 to $5,000 and added that there is such chance of success it must be pursued to a logical conclusion. It is important to know what the law is in this field; it is a new case - a case of first impression in California and of vital interest not only to the City, but to many sanitary districts and cities who must utilize inland waterways for the transportation of sewer affluent. There are two main points to make - first, that the Court was incorrect in its conclusion that a particular section of the state law was not applicable: to wit: that we have the right to discharge sewer affluent into a natural stream so long as it does no damage; the second is based on the statute of limitations. REPORT RE JUDGE SABRAW (Amador Valley Investors CEi.Se) Mr. Lewis stated that it is his recommendation to appeal, and he would ask authorization of the Council to employ Counsel to do so at the necessary time. Another part is to commence an action against the insurance company in declaratory relief, based on the wording of our insurance policy, which in effect, states that they insure us against any damage caused by the City. We have to establish in court that this kind of damaging is within the contract with the insurance company, and they are bound to defend any claim, if one results. Pending all of this we have the possibility of paying the court's judgment if we lose, and where would we get this amount. The Council might get some recommendation from the City Manager as to where such funds might be obtained and whether it would be proper to impound them; the interest will continue to grow during the appeal period. CM-24-386 Councilman Miller made a motion to authorize the City Attorney to take the steps which he has recommended; motion was seconded by Councilman Silva, and passed unanimously. November 1, 1971 (Amador Valley Investors Case) The City Manager was directed to prepare a recommendation for raising the money. * * * A report was submi tted by the Public vJorl{s Director regarding sanitary sewer connection fee adjustment. It was recommended that any action on the matter be deferred until the meeting of November 8, for study and additional discussion of the matter. REPORT RE SANIT ARY SEvJER CONNECTION FEE On motion of Councilman Silva, seconded by Councilman Beebe, and by unanimous vote, the matter was deferred lliltil the next meeting. * * * The City Manager reported that with regard to the bus feeder line study, it would be appropriate to attempt to arrange a joint study session with the other public entities involved. The City Council asked that the City Manager arrange to have the meeting on December 9. * * * A report and ordinance draft was presented to the Council from the Design Review Study Committee which essentially recommended that the Council proceed as originally intended and appoint a Design Review Committee which would begin to establish criteria, and serve as an advisory committee to the staff. REPORT RE BUS FEEDER LINE STUDY REPORT RE PROPOSED ORDINANCE REVIEW STUDY CO MIVII TTEE A motion was made by Councilman Beebe, seconded by Councilman r~ller, and approved unanimously to refer the report back to tre Planning Commission for preparation of an ordinance * * * The Planning Director reported, regarding school portable site locations, at the direction of the Council, due to a complaint voiced by a concerned citizen. Mr. Musso stated that the portable site locations had not been a problem heretofore as they had been treated as a temporary use or as an accessory building to the principal use of the school; full improvements have not been required as they would have been under a nonnal school situation, i.e. public works improve- ments, off-street parking, etc. He felt that the reason there were problems at this time is the fact that the portables were not erected in conformance with the ordinance as the setbacks were measured from the sidewalk rather that the front property line; people along Florence Way are concerned inasmuch as this has obstructed their view up and down the street. The changing circumstances in the school district point up the problem that maybe portables should not be considered a temporary use, and perhaps offstreet parking should be required even though it may be an additional expense. The School District agreed that the City should probably exercise more control over the portable locations, and the plans will be referred to the City at an earlier time to allow this. REPORT RE SCHOOL PORTABLE SITE LOCATION f1ayor Taylor asked if the School District mut comply with the City's requirements, and Hr. Musso stated that under the law they are under state aid, they do not need to conform to the building code; in any case, they do not have to conform to local zoning ordinances if the Board out votes the City. CM-24-387 November 1, 1971 (Amador Valley Investors Case) Gordon Smith, 5262 Irene Way, asked if there is a distinction between actually being on state aid and not being on state aid, as he did not believe we were on state aid, and asked Mr. Lewis if this would make a difference in any type of ruling. The money being used for lease purchase comes from our locally generated School District taxes. He asked then, if this would have any effect on the over- ride of the state authority over local city ordinances, and if the city would ask the school authorities to submit plans for inspec- tion. Mayor Taylor stated that the school has agreed to submit plans on portable locatiomto the City. In answer to Mr. Smith's question as to how this would be handled, Mr. Musso replied that it would be submitted to the Planning Department; they would issue a permit and set up the usual site plan procedure. PARCEL MAP 778 (Leslie J. and Amy E. Iverson) * * * A parcel map, Number 778 has been submitted by Leslie J. and Amy E. Iverson, for approval of property located on the south side of Olivina Avenue, between Albatross and Bernal Avenues. The Planning Commission recommends approval. A motion was made by Councilman Beebe, seconded by Councilman Silva, approving the recommendation of the Planning Commission, and passed unanimously. MINUTES PLANNING COMMISSION * * * Minutes of the Planning Commission meeting of October 19, were noted for filing. ORDINANCE RE AMENDMENT CITY CODE SEC. 12.25 (g), ( 1) and (2 ) * * * ORDIN~~CE NO. 761 AN ORDINANCE ArllilIDING SECTION 12.25, RELATING TO LICENSE TAX - FLAT RATE, OF CHAPTER 12, RELATING TO LICENSES, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Beebe, seconded by Councilman Silva, the second reading of the ordinance was waived, and b,' the following vote, the above ordinance was passed. AYES: COUNCILMEN Beebe, Silva and Mayor Taylor NOES: ABSENT: COUNCILMAN Miller COUNCILMAN Pritchard Mayor Taylor stated that his of the ordinance is the fact was absent, had favored it. should be higher. PROPOSED ORDINANCE RE 20 AMENDMENT SEC. 20.18 (School Facilities Tentative Maps) only reason for voting in favor that Councilman Pritchard, who Mayor Taylor felt the amounts * * * On motion of Councilman Miller, seconded by Councilman Beebe, the ordinance amending Section 20.18 regarding information to be shown on tentative maps regarding availability of school facilities, was introduced. Councilman Miller felt that this matter is a public health, welfare and safety measure and since there will be a tract map before the Council next week, felt it was an urgency measure and should be an urgency ordinance. CM-24-388 November l~ 1971 Mr. Lewis advised that he could not establish the facts that might make it an urgency ordinance. One problem he felt to be more controlling is since it is put in~ in anticipation of litigation on this point~ he would not like to have to contest whether the ordinance was valid or invalid on the basis of the urgency statement, which would take away from the main case and make it just another issue to try. (School FacilitieE Tentati ve f/[aps) The ordinance was introduced by unanimous vote (Councilman Pritchard absent) . * * * Mr. Musso stated that the Planning Commission has~ and will continue to have~ multiple zoning applications and posed a question~ in light of the amortization and moratorium~ as to whether or not the Council wished to pass down to the Planning Commission~ some direction relative to rezonings~ inasmuch as they were concerned with the number of multiples which had already been approved. Since the Planning Commission meets tomorrow~ it vlOuld be foolish in one area~ to worry about new subdivisions and then approve multiple zonings that could far exceed any dwelling units approved by sub- division. The City has commitments by zoning~ creation of lots~ subdivisions for a given number of units, and he wondered whether they should commit further dwelling units or approve new tentative or final maps. MATTERS INITI- ATED BY STAFF (Policy re Permits) The Council discussed this matter and Councilman Miller felt that this was a reasonable question because of the water situation. Mr. Lewis stated that if they were talking about areas already under development and have to consider~ on a rezoning~ whether or not it is because of the relationship of that property to an adjacent property and whether that property owner is entitled to have his property rezoned, it would be arbitrary and unreasonable to deny that rezoning in view of the use of surrounding property~ if the Council is talking about proper land use. If they are talking about the extension of an area now predominantly RL-G to some rnultiple classification~ that would be a different matter entirely. This again would have to do with the general plan. Mayor Taylor stated that there are several reasons why they would refuse a rezoning - one is that it might be premature; normally the zoning is the question of land use. He agreed it would be foolish since they are faced with the problems of providing service of schools and water~ to continue to rezone large parcels of land. Councilman Silva suggested that the Planning Commission initiate this question and funnel it through the City Attorney~ back to the Council. -l(- * * Mr. Lewis had been asked to check into lot splitting and he had talked to the District Attorney and was advised they did not prosecute~ the violation was outlawed by the statute of limitation. In addition to that~ there was the problem that the County counsel had had a difficult time deciding whether or not there was a violation and made no positive recommendation to the Board other than to change the ordinance they had at the existing time. Lot Splitting (Carnazzo) * * * Mr. Parness reported on the grading contract for the Civic Center site which is now almost complete~ and the contractor is ready to replace that amount of yardage with an equitable type of ground covering and an agreement has been worked out by the staff. The and contractual terms have been agreed to and the staff (Grading at Civic Center Site) specifications has looked at CT'I-24- 389 November 1, 1971 (Grading at Civic Center Site) with the terms the materials which the contractor proposes to import and they are acceptable, and are now asking permission to enter into this agreement, subject to some type of surety for compliance of the agreement being made. The Council discussed the type of soil being replaced, and the grading in the vicinity of the barn. A motion was made by Councilman Beebe, seconded by Councilman Miller, to proceed with the staff recommendation, obtain the performance bond, and have the soil replaced, and the motion passed unanimously. MATTERS INITIATED BY COUNCIL (Commendation - Livermore High School) * * * Councilman Silva stated that there was much jubilation when Livermore High School defeated Amador, and felt that the defeat warranted a resolution commending them for their fine efforts, and made a motion to this effect, seconded by Councilman ftlller unanimously. and passed (Hazardous Intersection - Portola Avenue) * * * Councilman f~ller asked that the staff attempt to get a reduction of the speed limit at Portola Avenue and US 580 inter- section, as it is very hazardous. Councilman Silva stated that the speed limit cannot be reduced to less than 55 MPH. (Speed Limit Portola Avenue School) for better marked observed that the (Signal Lights - East Avenue) * * * Councilman Miller stated that people in his area have asked for better traffic enforcement around Portola Avenue School, as the speed limits are not observed. They have also asked crosswalks. Mr. Parness stated that he had children do not use the crosswalks. * * * Councilman Miller questioned when the traffic lights would be installed at East Avenue and Mitra Avenue and at East Avenue and Vasco Road; this has been discussed with the County, and hopefully, it will be installed in the coming year, but he would contact the County for present status on this. Councilman Silva suggested the list on the time schedule for installation of traffic signals be published in the paper. ADJOURNMENT CM-24-390 There being no further business to come before the Council, the meeting was adjourned at 12:30 a.m. APPROVE ~ L~ MaYOr) ATTEST * * * Regular Meeting of November 8, 1971 A regular meeting of the City Council was held on November 8, 1971, in the Municipal Court Chambers, 39 South Livermore Ave. The meeting was called to order at 8:07 p.m. with Mayor Taylor presiding. PRESENT: Councilmen Beebe, Miller, Pritchard and Mayor Taylor ROLL CALL ABSENT: Councilman Silva * ok 1( Mayor Taylor led the Council members and those pre- sent in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE 1( * * The minutes of the meeting of November 1, 1971 were approved as submitted, on motion of Council- man Beebe, seconded by Councilman Pritchard, and by unanimous vote. MINUTES * oJ. " oJ. " Steve Martin, Business Representative of Employees Local 390, spoke in their behalf asking the City Council to sever relations with the League of Calif- ornia Cities. He felt that the League's activities in Sacramento led them to treat the other cities in the State unfairly. To give an example, he listed one of the bills that was introduced that the League opposed: AB-486 which was de- signed to improve Workmen's Compensation benefits. While the League opposed this bill, they approved of AB-1617 which dealt with a 5% tax being imposed on drinks sold on the premises which he felt was being unfair to the middle-class wage earner and the hotel and restaurant business, which are already feeling the burden of the recession. AB-844, a bill for collective bargaining for public employees, was also denounced by the League. SB-8l5, an anti-worker bill that would limit the number and kinds of industrial accidents that would be covered by Workmen's Compensation, was one that the League favored while they were in opposition to AB-84l which allowed an employee to choose a doctor in case of an industrial accident. Last of all, he stated that the League was in opposi- tion to a state minimum wage bill which would raise the wage minimum from $1.65 to $2.00 per hour. He urged the Council to sever relations with the League, which in his estimation, is prohibiting progressive legislation in Sacramento. SPECIAL ITEM Sever Link - League Calif. Cities Councilman Beebe stated that he would like to have more informa- tion from the employees or representatives when something like this comes up. He stated that the main communication of the Council is directly from the League. Mr. Martin asked if there would be action taken at a later date, and Mayor Taylor stated that he felt the League generally was a great benefit to the citizens of this town and others in combat- ing the forces of lobbying in Sacramento and that withdrawing our support without much deliberation would be unreasonable. He agreed with Councilman Beebe that if the union would make their position known on legislative matters, the Council could consider it. Councilman Miller was in agreement with the Mayor as far as withdrawing support from the League. He felt that the Council should contact the League and ask them to stop initiating Workmen's Compensation bills which are not helpful to union CM-24-39l November 8, 1971 (Special Item) employees. He stated that he felt the League should not be in opposition to some of these bills and that Workmen's Compensation is quite important to those injured in industrial accidents and needs the League's support. Councilman Pritchard felt that the League is not interested primarily in helping the union and the Council does not always agree with what the League intends to do, but if they have information early enough and if the Council feels that it is detrimental or unconstitutional, they will be able to take action to oppose a bill at the League level. He stated that even if they do not always agree with the League, it is the best means available to the citizens and Council for help. Mr. Martin stated that they will keep in touch with the Council, advising of their recommendations, though they were sorry that the Council did not intend to sever relations with the League. * ')'( "I, OPEN FORUM (Public Trans- portation - Bus Service Mr. Robert Allen, 223 Donner Avenue, reported that he was very disappointed in the response to the. commuter bus service to Oakland. He feels that the public should show greater response or it would be futile to introduce a municipal bus service to cities outside of Livermore. He commended the press on their out- standing job of advertising the bus service to Oakland and hopes that the community will support it. Mayor Taylor thanked Mr. Allen for his efforts to promote the bus service and announced that at the regular meeting of the Valley Planning Committee of December 9, in the Municipal Court Chambers, there will be a Valley Transportation Study presented to the Council, and invited the public and anyone interested to attend the meeting. (Comments re Schools) Diane Carpluk, 1117 Roxanne Street, in behalf of the Livermore Education Association, stated that they are happy that before a contractor can build, he must have a letter from the District stating that there are enough classrooms. She felt that even though the Council has never made an assessment on the construction of schools, their ventilation, heating, lighting, and health facilities, which are all inadequate, that they might evaluate the minimal landscaping of parks in the tract areas, many are unsafe for children to use due to the debris that is dumped there. The School District is not giving the City Council problems, as one of the Council members indicated, the schools are willing to cooperate with the Council, but would like them to be aware of the potential danger in handing out building permits for more construction of houses and apartments. She mentioned that in her estimation judging from her experience in different school districts, that Livermore has very good, hard- working teachers and the taxpayers are going to be paying more for less if the schools continue to be overcrowded. Councilman Silva was. seated here. * "I, * PUBLIC HEARING ZONING ORDINANCE AMENDMENT RE SIGNS The Planning Director stated that this ordinance was regarding freeway oriented signs, signs in proximity to the freeway advertising freeway oriented uses. The prime example of this decision being the Holiday Inn. The issue at hand is freestanding signs, which under the present ordinance are 64 sq. ft. for a freestanding sign for freeway use. They would be allowed to put a sign on their build- ing as large as 200 sq. ft., but they cannot have a sign this large that is freestanding. He stated that one of the Council members would have to make a recommendation for a change. CM-24-392 November 8, 1971 (Zoning Ordin- ance Amendment re Signs) Councilman Silva stated that Councilman Beebe had made a recommendation for change but that the Council had decided to wait until the public hearing. In addition, for informational purposes, the Planning Department advised that Commissioner Nelson had made a suggestion that signs be increased as the distance from the freeway is increased. Mayor Taylor opened the public hearing at this time. Keith Fraser, representing the Holiday Inn, stated that the company had reviewed Commissioner Nelson's proposal and feel it is a satisfactory amendment that would allow them sufficient sign to satisfy the innkeeper. He felt that this item specifi- cally related to their application for a larger sign, and would like a decision as soon as possible, and expressed favor of the proposal. Robert Allen, 223 Donner Avenue, had previously suggested and again proposed that a tie be made between the size of a sign and the valuation of the property so that property that pro- duces a large amount of tax revenue should be entitled to a larger sign. Councilman Beebe advised Mr. Allen that the City Attorney had stated this was an unconstitutional method; therefore it was necessary to again consider only the square footage. Mr. Lewis clarified this remarking that, at the time Mr. Allen suggested that the sign be based on the assessed value, he had pointed out it was not possible to determine the assessed value for a considerable period of time, perhaps as long as a year, which might cause problems. He did not feel there should be relationship between value of property and a sign. A motion was made by Councilman Beebe, seconded by Councilman Pritchard, and passed unanimously to close the public hearing. Councilman Beebe made a motion for a proposed amendment to the sign ordinance by adopting in part Commissioner Nelson's for- mula to allow 64 sq. ft. at less than 50 ft., with no minimum floor area; and 175 sq. ft. at 50 ft. to 500 ft. with 25,000 sq. ft. floor area; motion was seconded by Councilman Pritchard. Councilman Miller called the Council's attention to the pictures of the Holiday Inn, stating that the sign was ridiculous because of design and not size, and asked everyone to consider the size, design, before they make a decision, inasmuch as a larger sign could be placed on the building and still satisfy the ordinance. There followed a discussion regarding freeway oriented signs and Councilman Silva made a proposal that they allow freestanding signs based on square footage of floor area. Assuming that the Holiday Inn is 60,000 square feet, and if they are allowed 2 sq. ft. per 1,000 sq. ft. of floor space, they would be allowed 120 sq. ft. of free-standing sign with 50 ft. setback from the freeway. After considerable discussion regarding freestanding signs, a called vote was taken and the motion passed 3 to 2 with Councilmen Silva and Miller dissenting. Mr. Lewis advised since the action was contrary to the recom- mendation of the Planning Commission, it should be referred back for review and comment. * oJ. " oJ. " CM-24-393 November 8, 1971 Mrs. Irvin Heald, 2633 Holmes Street, addressed the Council and stated her concern regarding the proposed unequal widening of Holmes Street below Alden Lane. The Public Works Director, Daniel Lee, was requested to prepare and submit a report on this subject for the Council's consideration at a later meeting, and it was suggested that Mrs. Heald be informed of the meeting. HOLMES ST. WIDENING * 7C 7C TENTATIVE MAP Consideration of tentative map of Tract 3043 - TRACT 3043 Reeder Development Company was postponed at the (Reeder Dev. Co.)request of the developer from the last meeting to this time, however, a second request has been received for extension of time until the meeting of November 15. The Council discussed late requests for postponements and concurred that requests should not be made for a continuation later than Thurs- day. It should be made a policy of the Council that this is the cutoff time and items will not be continued after that time, depend- ing on the circumstances. Councilman Pritchard, after bringing up a point about the completion of Springtown Blvd. due to the heavy traffic on Bluebell Drive and the fact that the Council should have this in mind, made a motion to continue the discussion on this item until next week. Motion was seconded by Councilman Beebe and passed unanimously. Mrs. Stroud, 5218 Iris Way, stated they may not be able to come to the next meeting when this matter is to be discussed and asked with the area north of 580 how many dwelling units are now allowed because if Larkspur Drive is to be the street to be completed, it would bring all of the traffic to funnel in front of the Center at Springtown. She asked if the Council would take this into consideration before making a decision. Clyde Highet, 1317 Hibiscus Way, spoke to the fact that there are no schools north of US 580, and felt that before any more development is allowed in that area there should be something done with regard to the school situation. 7C 7C 7C CONSENT CALENDAR Report re Airport Ground Rental Lease (Norman Marciel) negotiated for a The area underlying the easterly approach zone to the airport, owned by the City and consisting of eight acres, is to be farmed by a private party. This is the same tenant that farms the balance of the abutting undeveloped area. A lease has been term of two years at a rate of $14 per acre per year. .,'( * * Report re State Freeway Direc- tional Signs A report was submitted by the Public Works Director regarding State freeway directional signs proposed for installation along US 580, east and west of Livermore. 7C * 7C Resignation R. J. Hoffman (Board of Appeals) letter of thanks of service. A communication was received from R. J. Hoffman containing his resignation from the Board of Ap- peals. On motion of Councilman Beebe, seconded by Councilman Silva, and by unanimous vote, a is to be written to Mr. Hoffman for his many years 7C 7C * CM-24-394 November 8, 1971 Street Name Change making the CONSENT CALENDAR (con't) A street name was listed on a final tract map, Tract 3324, as being "Way" instead of "Road". It is recommended that a resolution be adopted necessary change. RESOLUTION NO. 139-71 A RESOLUTION CHANGING STREET NAME (Jaffa Way) Denial of Claim (Kay Parra) ;'( "I( -k As requested by our insurance carrier, a resolu- tion is to be adopted denying the claim of Kay Parra for personal injuries. RESOLUTION NO. 140-71 A RESOLUTION AUTHORIZING FILING OF LATE CLAIM OF KAY PARRA AND DENIAL THEREOF Underground District Boundaries work. * -k * A public hearing was held regarding the Under- ground District and the next step in the pro- cedure is to establish the boundaries and set the final date for completion of the proposed RESOLUTION NO. 141-71 A RESOLUTION ESTABLISHING AN UNDERGROUND DISTRICT ON SECOND STREET GENERALLY BETWEEN SOUTH LIVERMORE AVENUE AND SOUTH N STREET Livermore Trailway System -1( -1( -1( RESOLUTION NO. 142-71 A RESOLUTION AMENDING THE GENERAL PLAN BY THE INCLUSION OF "LIVERMORE TRAILWAY SYSTEM" AS A PART OF THE OPEN SPACE ELEMENT The above resolution was prepared as directed at the close of the public hearing on November 1. Beautification Committee Members -1( -1( * RESOLUTION NO. 143-71 APPOINTMENT OF MEMBERS TO THE BEAUTIFICATION COMMITTEE (Marjorie Leider and Walt Davies) There will be a short executive session with regard to appoint- ments to the Beautification Committee after the regular meeting. MINUTES Beautifica- tion Committee Approval of Consent Calendar -1( .L " -1( Minutes of the Beautification Committee meeting of October 19 were acknowledged for filing. -1( -1( -1( On motion of Councilman Miller, seconded by Councilman Pritchard, the items on the Consent Calendar were approved. -1( * -1( CM-24-395 November 8, 1971 COMMUNICATION RE CITY FLAG Mr. Walt Griffith, Chairman of the Community Affairs Committee, reported that a flag contest for the City of Livermore was held in March and the award went to a Mrs. Linda Smelly. Since this time they have contacted a number of flag companies for estimates to make a flag for the City, and the estimates are as follows: $60 for a hand drawn flag, and the Para- mont Flag Company in San Francisco would make a screen flag, cloth- on-cloth, with a 10-year-life expectancy, and by giving the City a 30% discount, is asking $105.80, which includes a pole, spear, tassel, complete. The City Council was asked to make a final decision as to what they wanted to do regarding this matter. Councilman Beebe made a motion to appropriate $105.80 to continue the program to a completion, seconded by Councilman Miller. Councilman Silva stated he knows someone who will make a flag for the City for $75. He also stated that he didn't care for the colors and he felt the Council never officially adopted the winning flag. Mr. Griffith stated that the award had been made with a picture of Mayor Taylor and the winner in the newspaper stating that it was to be the City flag. The orange and white colors for the flag were chosen because of the Sister City Program. A vote was taken on the motion and passed 4-1 with Councilman Silva dissenting. * 7( ~'( REPORT RE SEWER CONNECTION FEE STUDY The Public Works Director reported that the Council had asked that a study be made to determine the pro- per sewer connection fee that would cover the planned expansion of the water reclamation plant along with any aid the City will be receiving from the 1970 Clean Water Bond Act. His estimation for a sewer connection fee which should handle costs through 1990, including major transmission lines, expansion, and repairs, would be $485 per single family unit with the following re- commended changes: 1) change Section 18.02 (Municipal Code) Exhibit E of the submitted report to increase the fee to $485 per single family unit, and 2) consider mobile homes equal to single family units thus charging them the same fee. One of the problems not covered by the sewer connection fee is the modification, reconstruction, and repair of the old collector system and felt that this should be compensated for in monthly service charges. In the past they have not had suf- ficient funds to take care of the repairs to the pre-existing system. Mayor Taylor tried to clarify what the Public Works Director had said by stating that essentially the Public Works Department wants a fee that will make the sewer system self-supporting. Mr.Lee was asked if he is counting on receiving additional federal grants to cover expenses, to which Mr. Lee stated that was not taken into consideration as one cannot count on future grants. The staff's opinion is that the fee they have recommended will take care of costs, without any additional federal aid, even with a population expansion. Councilman Pritchard made a move to accept Mr. Lee's report and go on to Item 4.4 which is the first reading and vote to introduce a Munici- pal Code amendment to revise the sewer connection fee, seconded by Councilman Miller, approved unanimously. City Attorney, Mr. Lewis asked for a delay of the first reading so that they could prepare the ordinance and present it for introduc- tion, perhaps by the end of November, after the freeze is lifted. At this time Councilman Pritchard made a motion that the reading of the ordinance be waived and the title be read only, and that a second reading take place on December 6, seconded by Councilman Beebe, passed unanimously. 7( "i( -;'( CM-24-396 November 8, 1971 REPORT RE ENVIRONMENTAL QUALITY ACT 1970 same as the Councilman Pritchard commented that there were no teeth in the Act regarding local entities, and suggested that an amendment be made, or a new law established by a lobby through the proper channels, to require local entities to do essentially the state divisions are required to do now. City Attorney, Mr. Lewis, stated that all local projects, City and County, must be compatible with the conservation element of the general plan, conservation development, natural resources, and wildlife, and that since federal funds are involved, he feels that the State will require a report from the City on each project. We can make a local determination, but the State has guidelines to which the City must adhere. Councilman Miller felt that it is nonetheless a very important Act that deals with the environment and is of statewide concern, i.e., the maintenance of a quality environment. He expressed concern for the smog problem and stated that according to the Act the City should insure long term protection of the environment and that this should be the guiding criterion for making public decisions, and that it is up to the Council to be on guard as far as what they approve, because cumulative small actions can add up to create major problems with the environment. The City should take steps to rehabilitate poor environmental con- ditions, such as smog, which has already exceeded federal standards. He recommended maintaining a freeze on building permits until the smog level reached a level as set up by federal standards. Mayor Taylor stated that the Council had instructed the staff to work with the Air Pollution Control District and obtain a pre- diction as to what the smog situation will be in the future, and to work with the District in taking the necessary steps to al- leviate the situation. Councilman Silva stated that in order to have a building freeze because of smog conditions they would have to have the legal facts to substantiate this kind of action, and at this time, they do not have. They are currently in contact with the Bay Area Air Pollution committee in the hopes of gathering all the facts per- taining to the smog level in Livermore. PLANNING COMMISS ION MEETING SUMMARY * oJ. " 7( The Mayor asked if there were any comments or questions regarding the Planning Commission meet- ing of November 2, and as he received no response he asked that they go on to the next item for discussion. oJ. " ~'. " 7( The ordinance regulating residential building per- mits was introduced at the meeting of November 1, and Mayor Taylor asked the City Attorney to explain the ordinance to the audience which, in essence, was a series of findings in regard to the water solution, Rrovides that the City Council may establish rules and regulations for the use and consumption of water for domestic irrigation purposes within the City, and limits building permits for residential dwelling units. Mr. Lewis stated that Councilman pritchard's motion was to insert a provision that required a limitation of 800 permits by not later than July 1, 1972 to be issued at 100 units per month, but that this regulation not apply to persons who had less than five lots. The ordinance defines light water users, and deals with applications for commercial and industrial permits, lists exceptions such as churches, schools, hospitals ORDINANCE RE RESIDENTIAL BUILDING CM-24-397 November 8, 1971 (Ordinance re Residential Building) low cost housing, offices of doctors, dentists and other uses connected with health, safety and wel- fare. The ordinance as voted upon was not an ur- gency ordinance, although all Councilmen felt some action had to be taken, and there were three votes in favor of the ordinance as introduced. Mayor Taylor advised the audience that there was another related matter to be discussed regarding the temporary freeze on the issu- ance of building permits, however Mr. Lewis advised that was not a part of this ordinance. Mayor Taylor stated that the action re- garding the freeze was for a one week period and unless action was taken tonight, it would expire. Councilman Pritchard made a motion, seconded by Councilman Beebe, to discuss the matter of the freeze first, passed 3 to 2 with Coun- cilmen Silva and Miller dissenting. Councilman Beebe made a motion that building permits be issued to those applicants who signed an agreement as outlined in the Associ- ated Home Builders' letter of November 3, 1971, and comply entirely with the contents of the letter, seconded by Councilman Pritchard. Mr. William Leonard, representing the Association of Home Builders of Greater East Bay, spoke regarding the letter which he stated was a draft, and while the philosophies contained in that letter were willingness to support, there were two major changes. The letter was not officially mailed to the Council, but simply distributed to them for discussion. Mr. Leonard stated there has been discussion with the residential construction industry, which is a major sup- plier of jobs, and he has concurrence from the following firms: Livermore Properties, Hofmann Company, H. C. Elliott, Sunset Homes, Kaufman & Broad, Wayne Reeder Corp., Casa Pacific, Dublin Construc- tion, Duc & Elliott, McGah-Peterson, Presley Development. He felt this was a 99% representation of the active homebuilders in Liver- more and they agree to abide by the following proposition: that the members of the construction industry will agree to pay a fee in an effort to show the constructive good faith of the residential community concerned with the problem and in an effort to get over this urgency water problem with Zone 7 of $500 in an interest bear- ing escrow, at the time of issuance of a permit, and to be turned over to Zone 7, if and when they adopt a water connection fee, say 75 days. If this period should go on and on, if by the time a house is ready for occupancy, and there has been no fee established by Zone 7, the escrow would be incomplete because of this action and would be returned to the person making the deposit as there would be no need for it in that aspect. They would be prepared to come back in sixty days to review this proposal. Mr. Leonard stated that the term "gift" is withdrawn and "interest bearing escrow'! is substituted; the time element is related to the occupancy. The rationale for the City is that it insures that there is no rush to obtain build- ing permits; that there are no new residences constructed without the payment of the fee and at the same time, they feel that they are representing the majority of the voters. They feel the proposal is reasonable, accomplishes the objective, and will put some people back to work, and they urge the Council to consider it and allow the moratorium to expire, and at the same time vote to adopt the ordi- nance, as just described, that would take its normal course to deal with the water problems as they occur. Mayor Taylor questioned Mr. Leonard about the document, asking if it was in the form of a letter of intent, or a binding contract. Mr. Leonard stated they are speaking of a policy; also a letter of intent that would open up an escrow that would be interest bearing and relate to each and every building permit. Councilman Miller felt it was clear that there was no protection to the City in this proposal especially since not all of the contractors and builders have agreed to the terms; secondly, if for any reason Zone 7 delays any more than 75 days, the water connection fee would be lost. CM-24-398 November 8, 1971 Councilman Silva asked the reason for the 75-day stipulation, and Mr. Leonard stated they felt this was a reasonable period for Zone 7 to take some action. Councilman Silva felt this issue should be negotiated further. (Ordinance re Residential Bldg.) Mayor Taylor added that if at the end of 75 days it is definitely established that Zone 7 is not going to establish a fee, then it becomes clear that there is no solution in site for the pending water shortage; he did not feel a general obligation bond issue would pass without a fee that is understandable and acceptable. Mr. Leonard suggested perhaps he could come before the Council in sixty days, but if the urgency ordinance is adopted in the mean- time, it would mean that there would be no residential units con- structed without the possibility of a fee and at the same time get the freeze off. Councilman Beebe made a motion to amend his motion that the interest bearing escrow was agreeable, but suggested the time at six months, and review in four months time. Mayor Taylor asked what builders were not included in the list, or if it was substantially complete, and the question was also asked if they could deny permits if the developers did not contribute. Mr. Lewis stated they could not, and he still viewed the money as a gift; they cannot require a deposit as a condition of the build- ing permit and as commendable as it may be that a very large per- centage of the building industry is supporting this idea, there are some who are not signatories who would not voluntarily go along with it. If they did not want to pay, the City would be required to issue a building permit. Councilman Silva asked if the builder should sell his interest in Livermore to someone else, would that person be liable for this agreement. Mr. Lewis advised this is what Mr. Leonard was referring to: by depositing the money at the time of the issuance of the building permit, regardless of what happens to the lot, the escrow is open and that escrow cannot be revoked for 75 days; therefore, he would have to answer that a transfer of lot would not affect the escrow. Councilman Miller questioned if there was a transfer of subdivi- sion and someone came in for a building permit, to which Mr. Lewis replied that that was a different thing, and Councilman Miller said then that the person who is not now a signatory to this agree- ment can come in for his building permit and there is no way to stop that. In fact, it would be transferred to a dummy corpora- tion; there is no protection to the City. Mr. Lewis questioned Mr. Leonard regarding the 75 days, and Mr. Leonard advised it would run with each building permit. Mr. Lewis also asked Mr. Leonard if the appropriate agency took action by adopting an ordinance or a resolution within 75 days, if he would consider that the action he was looking for, to which he replied in the affirmative. Mayor Taylor asked what if, within the 75 days, Zone 7 states they are not going to establish a fee. They may be in the process of doing so, but if they do not, there is a 75-day deadline after which a number of people stand to gain a sizeable amount of money, and if he were a builder with a lot of money in that escrow, he would lobby before the Board, to get past that 75-day period, to get his money back. He felt the intent is that if there is not to be a fee established, the builders want their money back. He felt the intent was in good faith but was worried about the time element. CM-24-399 November 8, 1971 Councilman Silva stated it was his intent, and thought it was that of the other members of the Council also, that if Zone 7 does not come up with a fee, regardless of the days, that the City would find some way to construct some kind of facility to treat water to supply the future development of the City, and the only place to get this money is from the water connectron fee. If Zone 7 does not adopt, or does not want a water connection fee, he would want it in order to build the treatment facility so there will be further development in the City. If they return the money after 75 days, it will be necessary to have another moratorium as there would be no money to build the facility. (Ordinance re Residential Building) Mr. Leonard stated he agreed with Councilman Silva, and felt the other builders did also, and felt it could be appropriately worded in the escrow to provide this assurance. Councilman Silva added the words, flthat the money would remain for the use of the City of Livermore to provide further treatment facil- ities if Zone 7 does notff. Mr. Leonard stated he could not speak for all the developers without discussing this with them, and when asked if this answer would be forthcoming this evening, Mr. Leonard stated it would be. Councilman Pritchard agreed that any type of agreement that would give the money back to the people who put it in would serve no pu~- pose and regardless of the intentions of the parties involved, Zone 7 Flood Control District is a political entity over which the City has no control; they may not come up with any fee. Councilman Silva pointed out that Bevilacqua is not included in the signatories and could come up with a number of permits. Councilman Beebe referred to his motion and asked the City Attorney if it could be worded to state that permits would be granted, start- ing tomorrow, to those who have signed and agreed to the contents of the letter, however Mr. Lewis did not feel this would be binding, or could be legally enforced. Councilman Silva was worried about Bevilacqua coming in for permits, and Mr. Lewis again advised this must be considered as a gift, and since he was not a signatory to the agreement, they have no obliga- tion to make the gift, nor could we insist upon it. Mayor Taylor reminded the City Attorney that no mention was made of ffgiftfl in the statement, and Mr. Lewis replied this may have some significance to the Home Builders' Association. Councilman Beebe questioned if a suit were filed for non-issuance of building permits, if the builder could claim damages, and Mr. Lewis advised they could, and further explained what might happen. Mayor Taylor felt the Council's concern had to do with the 75-day period, as there may be a delay with Zone 7 regarding the fee, and since it was the Council's intent to use the money collected to solve the water problem one way or the other, suggested that the group of builders meet and attempt to resolve that question. Councilman Pritchard stated that he had talked with Mr. Herb Street, Chief Building Inspector, and felt he might have a solution to the immediate problem of the freeze, and Mr. Street was asked to ex- plain this. Mr. Street stated it was possible to issue a permit for a portion of a structure, for instance the foundation, without any assurance that a permit for the remainder of the structure would be issued, and this was included in the Building Code. It was not put there for this intent, but it could be a solution for getting people back CM-24-4oo November 8, 1971 to work, and getting work done on the ground before the rains come. It would be an addi- tional expense to the builders in that there would be two permits, which would increase the cost about $15.00 per house for permits. (Ordinance re Residential Bldg.) The Council still voiced concern regarding the builders who were not signatories, and Mr. Leonard suggested that with regard to Bevilacqua, the tract is in Springtown with City water, and he felt the City could pass an ordinance to protect their own water system. Mr. Leonard stated they are suggesting an ordinance appli- cable to everyone, and the reasons for tying it to the occupancy was this would not be correctable until Zone 7 had passed their fee. Councilman Miller reminded Mr. Leonard that the City Attorney had already advised that the Council cannot adopt an ordinance of this nature and then give the money to Zone 7. This matter was continued for a period to allow the builders time to adjourn and discuss their proposal. * * * AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. RECESS * * * ORDINANCE NO. 762 ORDINANCE RE SCHOOL FACILITIES ON TENTATIVE MAPS AN ORDINANCE AMENDING SECTION 20.18, RELATING TO INFORMATION TO BE SHOWN ON TENTATIVE MAPS, OF CHAPTER 20, RELATING TO SUBDIVISIONS, THE AMENDMENT TO PROVIDE FOR AN ADDITIONAL REQUIREMENT OF A STATEMENT FROM THE SCHOOL DISTRICT RE AVAILABILITY OF SCHOOL FACILITIES. On motion of Councilman Silva, seconded by Councilman Miller, and by unanimous vote the reading of the ordinance was waived, and the above ordinance was adopted. * * * On motion of Councilman Silva, seconded by Coun- cilman Miller, and by unanimous vote the first reading of the ordinance was waived (title read only), and the ordinance establishing special building lines and future width lines on First Street and Vasco Road was introduced. PROPOSED ORDINANCE RE FUTURE WIDTH & SPECIAL BLDG. LINES * * * Discussion regarding the proposed ordinance regulating residential building permits was resumed at this time. Councilman Pritchard referred to the original and amended motion which had set the number of permits to be issued for the fiscal year and felt, after reflecting on this issue, that no date should be set inasmuch as the Council did not know if and when the water situation will be solved or whether they will have enough water, but would still like to set up a cutoff point. Councilman Pritchard listed the lots in various categories, adding up to 2086, plus 125 for Vila Gulf, much of which he did not feel would be built on. If they would use the future of 2211, and specifically say permits will be issued on these lots on which im- provements are in or under construction and, except for miscellan- eous lots and multiples, they are effectively talking about 800 lots; he felt there was no need for a time limit. PROPOSED ORDINANCE REGULATING RESIDEN- TIAL BUILDING CM-24-401 November 8, 1971 (Ordinance re Residential Building) The Council discussed this proposal and whether or not the legality would be upheld, and after advice from the City Attorney, Councilman Pritchard moved the first reading of the ordinance; drop the date of June 30 and substitute the words, "until such time as expert testimony before this Council shows there is no long- er a threat to water shortage or water rationing", and instead of the figure 800, add the figure 2211, and explicitly imply that these lots are lots of record on which public improvements have been commenced or been completed. Mr. Parness suggested that they state, "and individual privately owned lots of record and those contained within finally improved tract maps, only up to building permits for 2211 dwelling units". Mayor Taylor suggested that the matter be tabled until they deter- mine the issue of the freeze, and Councilman Pritchard made a mo- tion, seconded by Councilman Beebe, and passed unanimously, to table the matter. Mr. Leonard stated his thanks to the Council for allowing the build- ers time to reach a decision which is: 1) That the interest bear- ing escrow would extend until June 30, 1972. In the event that Zone 7 did not adopt a plan, including financial plan and fee for lots, that the funds would revert to the City to extend and improve their water purification system for the City itself; 2) They con- sidered the rationing system and as part of this proposal, because of the problems being solved, asked that the Council table the rationing ordinance until that time. It was felt that rationing would be extremely cumbersome, regardless of how equitable. They have done a fairly detailed survey, and feel if sales continue at the same level, there will be about 1100 units built between now and June 30, 1972. They felt the time aspect would give everyone the opportunity to reevaluate the water problem, and if by this date there was nothing resolved, that would be the time to reinstitute the rationing. Councilman Pritchard advised Mr. Leonard that he had amended the 800 figure to 2211 in a motion and taken the date out. Mr. Leonard felt the disadvantage to this would be that it eliminates new residential planning for the City because of the tentative aspect, there would be no new tentative maps. Mr. Lewis did not feel it would operate in this manner and the City could condition tentative maps by the requirement that the final be conditioned upon there being an adequate water supply to serve the subdivision on a full 12-month basis, or something to that effect. Mr. Lewis felt that we should approve the tentatives, but make sure the finals were not going to be allowed if at that time there was no prospect of water. Councilman Silva explained the proposed ordinance as being flexible, and felt regardless of what numbers were used, if they have a water shortage, th~would freeze all building permits; if they do not have a water shortage, they will continue approving tentative and final maps. The ordinance only states there might be a problem and it may be necessary to freeze permits. Barry Scherman stated he did not understand the ordinance in that way, but rather there are 2211 approved lots that public improve- ments are either in or going in; a map in a tentative stage now, the City will final but with the condition that no buildings can be built until such time as there is testimony that the water supply is adequate. Presumably the fee is to take care of that; presum- ably if they can service 2211 units, it should make no difference where they are. Councilman Silva stated the fee might not take care of it, and Mr. Scherman stated he saw no reason it should be limited to improved CM-24-402 November 8, 1971 lots, but rather a set number of lots, because some of the improved lots may never be built on. (Ordinance re Residential Bldg.) David Madis, on behalf of Mr. Elliott, stated he has only a tenta- tive map, and this would stop his entire development. He would have no permits, yet he is one of the major builders, and did not feel this was fair. Councilman Pritchard stated by his proposal he wanted to be fair to the individual lot owner and those who have multiple lots. If this is not acceptable, they have only one other alternative, and that is to cut off all building permits immediately and wait until the water problem is worked out. Mayor Taylor asked Mr. Leonard if their proposal was conditioned on eliminating any restrictions as to issuance of building permits, and Mr. Leonard replied that was correct, and they would be willing to review the situation in three or four months. They estimate about 1100 units would be built between now and June 30, which would mean $400,000 into an escrow account that would revert to the City to solve a water problem or turn it over to Zone 7. He did not feel what the City was asking ~as reasonable, and felt the detailed review and discussion on the water rationing should be withheld until June 30, as they felt a solution would be worked out prior to that time. Councilman Beebe felt their proposal put the Council on a spot, because if they continue to allow homes to be built without limit, then they would be in Phase I or II of water rationing, and they had hoped to level out the building and still curtail the influx of people. Mr. Leonard suggested April 1 as a date to return before the Coun- cil to review the water rationing system which he felt to be reasonable; at that time they could review the progress made with Zone 7. Councilman Silva stated the Zone 7 election cannot be held until November 1972, and nothing would be done with the funds in escrow until the outcome of Project 2, as there may not be sufficient funds to expand local facilities. Mayor Taylor stated the risk that the builders would take in pay- ing the fee is that Zone 7 may not establish the fee, although he felt certain they would. When they are faced with a limited water solution, he felt the Council would be reluctant not to set re- strictions. Councilman Pritchard added that he felt his proposal was equitable and explained the problems more in detail. If the $500 fee is to be conditioned to no restrictions, the Council will be forced to the only alternative left and explained the way he arrived at the 2211 figure as follows: Lots in final maps where public improvements completed Lots where public improvements are under construction Inactive final tract lots with improvements in Miscellaneous lots throughout the City Multiple lots (these are units) 397 405 60 500 724 201)6 125 2211 d.u. Vila Gulf public housing to be included Mr. Lewis clarified the term "inactive" to mean tracts on which there has been a substantial amount of building but now there are lots here and there that remain and there is no mass building program going on. CM-24-403 November 8, 1971 (Ordinance re Residential Building) Mr. Leonard stated his understanding, but develop- ers who are active in their program and willing to come up with the money are being treated in another level, and they cannot operate on a sit- uation where they do not have tentatives in process. Mr. Scherman stated that his company has a tentative map that was before the Council some months ago, and Mr. Elliott has one that is about ready to file in final form. There is a lot of expense in filing a final map and if you don't know whether or not you will get building permits, there would be no point in filing the final map; therefore, he felt the critical thing is the number of units and not the location. If there is to be equality, Mr. Elliott has built more homes than they have, but they have no final map; the Hofmann Company would have 95 lots, and that would be the end of their building program. In reply to Councilman Pritchard's ques- tion as to what he would have the Council do, Mr. Scherman replied a number should be set and when that number is reached, then they wouM review the situation at that time. Mr. Ed Tocci, representing Windsor Equities (Bevilacqua) stated that his firm would become a signatory to the agreement for the $500 fee. Councilman cussed one Council if be able to Silva did not feel that the two matters should be dis- in conjunction with the other and Mr. Leonard asked the they would agree to a short caucus, the builders might reach a decision, and the Council concurred. RECESS AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. Mr. Leonard stated the builders had agreed to separate the two issues; therefore, they were offering unconditionally the offer as previously described - an interest bearing escrow that would run until June 30, 1972 at $500 per residential unit, and they would assume that an apartment would have the same ratio in other fees which would be slightly less than the $500; further that on or before June 30, 1972, if Zone 7 adopted a fee, it would be turned over to Zone 7. If the fee adopted is less than $500 it would be returned; if not, on June 30, 1972 it would revert en- tirely to the City to be used for a water treatment facility to serve the citizens of Livermore. If the fee is more, it would be paid. Councilman Beebe referred to the motion he had made, and changed it at this time to correspond with the newest agreement, or to accept the offer of the Associated Home Builders, with the list of signatories to be submitted tomorrow; this motion was seconded by Councilman Pritchard. Councilman Miller stated there were many loopholes and even though all of the major developers have signed, there still is no way to cover the transfers, and felt the City is not covered completely. He did not see how this would cover the possibility of major sales of property and the buyer is not a signatory. Councilman Silva asked to speak to Councilman Miller's remarks and said that once in awhile the Council has to make a "gentlemen's agreement" between gentlemen, and he would assume that there would not be the problems which were referred to. If there should be problems, he would be the first to ask for an emergency meeting and freeze all permits. Councilman Pritchard added his feeling that he did not think any developer who would buy up individual lots to build on them; it just won't happen. Mayor Taylor stated you had to approach matters of this kind with a bit of judgment; they are acting as though they hold all the cards CM-24-404 November 8~ 1971 in absolute power and although it has not been discussed~ if they should continue a freeze on permits for very long~ they would be faced shortly with a court order to show cause and be involved in legal action; the result would be that building be allowed to continue perhaps before they have a fee and the loswr would be everybody~ especially the public. That is a real alter- native they should consider. He felt if they did not accept the offer and allow the escrow account to be established~ they may wind up with nothing at all. (Ordinance re Residential Bldg.) Councilman Miller stated they might accept a gentlemen's agreement~ but having observed developments in the City the past fifteen years~ one thing he has learned as a public official is that it is very important to have everything down on paper~ carefully researched before anything else. The second thing is while it is true if they continue the freeze there might be a court order against the City; there is expert testimony that water rationing is upon us next summer even if we stop building now~ and if there is a question of which comes first the public interest or freeze~ then you go to court and fight for public interest. He did not think it was essential to accept something in which there are loopholes because we might get a court order; he felt that to be unreasonable. Dan Steinberg~ 4174 Pomona Way~ stated if Zone 7 is going to be meeting in forty-eight hours~ he saw little reason why the Coun- cil could not wait. He felt that the builders had enough power to get Zone 7 to institute a temporary $500 escrow account. If they could not, he felt there was no meaning to what had been done tonight; they are not even willing to go that far~ then what good is all the effort. The building industry will not collapse in forty-eight hours; Zone 7 should be the ones to institute the fee. Jack Phillips, 551 No. P street~ felt the Council could set a fee for water, and stated there mayor may not be a lawsuit. A vote was then taken on the motion and passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller Mayor Taylor asked for a motion to bring the ordinance motion from the table~ and a motion was made by Councilman Pritchard, seconded by Councilman Beebe, to bring the motion regarding build- ing permits from the table, and passed unanimously. The proposed ordinance regarding building permits was to be set again for the first reading, deleting the date and adding words as suggested, and Mayor Taylor asked if discussion on this matter could be continued since the hour was late. Councilman Silva felt there would be no testimony from Mr. Leonard, and reiterated that the number inserted could be changed by this Council at any time depending on the circumstances regarding the water shortage, and he did not think there would be any more expert testimony for several months regarding the water shortage. Mr. Leonard stated he had a slight change in philosophy which he felt would accommodate the urgent aspect of those with approved tentatives and at the same time have this reserve factor which Councilman Pritchard plugged in and that they agreed with~ and that is if they reduce the number to 1500 on a first come first serve basis, excluding the approved tentatives, this would put into reserve some 700 units for the odd lots that were set aside and after this come up for detailed review. CM-24-405 November 8, 1971 (Ordinance re Residential Building) Councilman Pritchard stated that the number of 2211 contemplated the people not building on the indivi- dual lots and multiples right away, but if desired, they can. Just as stated by Councilman Silva, this does not preclude the Council from amending the ordinance at any time by changing the figure. Councilman Miller stated there are several issues which have been involved in the discussion on the ordinance of limiting building permits: one was the water connection fee on which the Council adopted a resolution; another the pending water shortage which he felt was being underestimated; and if they allow the freeze to be lifted tonight, they would be in violation of the state statute, and he asked that this be discussed. Councilman Pritchard stated they had been speaking of variables right along - perhaps the problem had been underestimated; on the other han~ it may have been overestimated. The fact that water rationing by watering lawns every other day will not help the problem is con- tradictory to the expert testimony they have had. It is a new ques- tion whether alternate watering days is a detriment to existing customers or not and probably something only a court could decide. ~ouncilman Miller stated that even the Chamber of Commerce said there would be water rationing, and since expert testimony says we will have it, to say we are not seems rather strange. When you have variables, he would expect that most people would agree the conser- vative thing would be to assume the worst and try to take care of it. Since testimony indicates there will be water rationing, he felt this is to the detriment of the existing users and we have an obli- gation to stop the issuance of permits. The lines on water ration- ing are well drawn between the 90% of the citizens who do their liv- ing in the City and the 10% of the businessmen who make their living from the City. The City should grow, but in the right way and at the right time. Councilman Silva moved for the question, seconded by Councilman Beebe. Mayor Taylor was against the motion inasmuch as he felt they had not had enough debate to vote. He agreed with Councilman Miller on many of the sentiments stated, and felt he was accurate when he spoke of the people's feelings. Councilman Silva interrupted by stating they had moved for the ques- tion, so Mayor Taylor stated he wanted a few minutes to talk, and asked for a vote of those in favor of shutting off debate and vot- ing now, which failed 3 to 2 with Councilmen Silva and Beebe in favor. Mayor Taylor continued by saying he did not feel it necessary to absolutely shut off permits, however he felt the number in the or- dinance is far too large, and since he was conservative and wanted to see some "light at the end of the tunnel", would vote against the motion on the floor. When asked by Councilman Pritchard if he wished to amend the motion, Mayor Taylor stated that they have issued 800 to 1000 permits per year in the past, and felt from July to July they should consider no more than 1000 dwelling units, of which 698 have already been issued, and offered this as a proposed amendment. The amendment was seconded by Councilman Miller. Councilman Beebe commented that there is a problem and there are methods of solving the problem and people have been instructed to investigate the ways and means of doing this; he felt they should be given the opportunity to come up with a solution before they take any serious action to curtail permits. The amendment was voted on and failed by the following vote: AYES: Councilman Miller and Mayor Taylor NOES: Councilmen Beebe, Pritchard and Silva CM-24-406 November 8, 1971 Mark Sims stated they have listened to the de- velopers and there has been a dearth of comment from private citizens, and he felt there is a terrible imbalance. Mr. Sims stated that Coun- cilman Miller very definitely speaks for the people of Livermore just as surely as other gentlemen on the Council speak for other interests. He felt the choice was very clear whether they do what is best for a vested interest group or what is best for the citi- zens of Livermore. He felt there should be a limit to building permits due to the water situation and the schools. (Ordinance re Residential Bldg.) Dr. Donald Rocco stated he felt exactly the opposite of the pre- vious speaker and thought the City Council had acted very positively and commended the Council. He did not feel Livermore could prosper and grow as it should with a negative attitude and disagreed that Councilman Miller spoke for all the people. Robert Allen, 223 Donner Avenue, seconded Dr. Rocco's remarks and complimented the City Council as he felt they have acted responsibly and created a source of revenue which will help to provide the needed services. H. C. Elliott commented that he appreciated hearing two such diverse viewpoints as it is a democratic way to perform. He disli~ed rhetoric, or things based on rhetoric phrases, and from his own viewpoint commented regarding the water shortage, and felt that the Council would not be justified in denying tentative maps that are almost ready for final approval. He advised the Council that he did appreciate the Council's action in lifting the freeze. He felt that perhaps the Council should set a quota for building per- mits, but did not think they would accomplish anything by stopping growth. Ken Sprague, 1032 Aberdeen, commented that the Mayor's proposal to allow 1000 permits would be equitable and felt a compromise could be worked out regarding the apportionment. The City Clerk reread the motion on the floor, and by the follow- ing vote the ordinance was introduced. AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * Councilman Pritchard asked that a Zoning Ordi- nance amendment be considered regarding fences in the 5-ft. setback. He felt this variance could be granted by the Zoning Administrator, however after some discussion regarding this matter, it was suggested it be deferred. MATTERS INITIATED BY COUNCIL (Z.O. Amendment re Fences) * * * Mayor Ta~or suggested that due to the serious Portola Ave., US580 traffic accidents at the intersection of Portola Intersection Avenue and US 580 they should ask that it be closed until the freeway is completed. Mr. Lee advised that Airway Blvd. interchange would be completed and they are asking that traffic be diverted there, and would discuss this proposal also. * * * There being no further business to come before the Council the meeting was adjourned at 1:20 a.m. ADJOURNMENT APPROVE ATTEST CM-24-407 Regular Meeting of November 15, 1971 A regular meeting of the City Council was held on November 15, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. with Mayor Taylor pre- siding. * * * ROLL CALL PRESENT: Councilmen Beebe, Silva, Miller and Mayor Taylor ABSENT Councilman Pritchard * * * PLEDGE OF ALLEGIANCE Mayor Taylor led the Council members and those present in the audience in the Pledge of Allegiance. * * * MINUTES The minutes of the meeting of November 1, 1971, were approved as submitted, on motion of Council- man Beebe, seconded by Councilman Silva, with a unanimous vote. * * * Irwin Broverman, 1154 Florence Road, addressed the Council, speaking on behalf of prospective home buyers in Livermore; he felt that they have a right to be better informed as to the problems in Livermore and prospective plans for the City. He feels that they should be presented with a fact sheet indicating the immediate situation in Livermore, such as the school problems, smog, and Zone 7 conditions. He stated that the brochure available to people at this time is misleading and that one should be aware of the number of days the smog exceeds federal standards and that there may be a water shortage in Livermore in the future. He felt that there should be a rating as to how Livermore compares with other cities in the immediate vicinity and Bay Area; therefore, he urged the Council to adopt a Truth in Advertising ordinance whereas the facts could be presented to anyone wishing to live in Livermore. OPEN FORUM (Statement re City) The Mayor commented that the School District does, at this time, have plans to compile a fact sheet for anyone interested in obtain- ing one, and that real estate agents are required to present cer- tain facts to the public when they sell or rent a house, such as liens on the property or what public works are to be done, but the Council has no authority to require a builder or real estate agent to present a fact sheet to citizens of the public; they may ask that they do so, but cannot enforce it. He also stated that he would like to discuss the matter later, as some good points were brought out. Mr. Broverman again came forward to state that the consumer has a legal right, through federal law, to protection and that the City could one day be held liable if a person's health was jeopardized because he was not aware, for instance, that the City had a smog problem. The City Attorney was asked to look into the matter further, par- ticularly the utility system and future outlook, and whether or not federal law pre-empts in consumer protection. * * * COUNCILMAN PRITCHARD WAS SEATED AT THIS TIME * * * CM-24-408 November 15, 1971 Ray Faltings, 1018 Via Granada, requested that (Public Hearing the Council have a public hearing on the proposed re BUdget) budget, held at a meeting other than a meeting in which the Council adopts a budget. He suggest- ed that a public hearing be held to discuss the City Manager's budget message and that within a month a copy of this message be made available to the public through the Livermore library. The Mayor asked that the City Manager comment on the budget issue, to which Mr. Parness replied that the budget message report per- tains primarily to major issues dealing with departmental pro- grams and projects and that there was little point in having a discussion over the budget message without having the budget document at hand. Mr. Faltings again expressed his thoughts by explaining that he felt a citizen should have the same opportunity to address the Council as does the Chamber of Commerce or any other organiza- tion; stating that last year upon addressing the Council, he was asked to put his ideas or recommendations in writing - to which he received no response. He feels that the public does not have adequate opportunity to express themselves concerning the budget. He concluded by stating that he would like the Council to take a week after the preliminary budget hearing to digest some of the thoughts of the public, and then adopt a budget. * * * The Planning Director reported that the property in question was bordered on one side by multiple zoning, by a gasoline station, and on the third side by single family residential; Mrs. Belmeda Haera has applied for commercial zoning of her property located on the north side of East Avenue between Hayes Avenue and Nielsen Lane. Mr. Musso stated that the Commission had to decide whether or not commercial zoning would be setting a precedent for further commercial zoning on East Avenue, and they also had to take into consideration the design of the shopping center complex in the area. It was decided that to zone the pro- perty in question commercial would not be an extreme departure from any City policy on allowing more commercial zoning in the neighbor- ing area of a shopping center. He also mentioned that at the time the Haeras bought the property, a service station was not intended to be built there, but in fact, a street was to be installed; however the County had jurisdiction over the property and decided to allow a gasoline station. In weighing the possibilities, the Planning Commission came up with a decision to change the property to commercial zoning, CP - Professional Office. PUBLIC HEARING RE REZONING HAERA PROPERTY (East Ave.) Mayor Taylor asked the Planning Director if that was the recom- mendation of the staff, to which Mr. Musso replied that it was not; the staff felt that multiple zoning would be more appropriate. Harry West, 1126 Tulane Court, expressed his opposition to the recommended rezoning by mentioning that to put the area into more commercial zoning would be a mistake because the shopping center already in existence is not developing very well, and more shopping areas would hurt the development even more. He felt that if the Haera property was rezoned that the property owners across the street and other owners in the area would not hesitate to request that their land also be rezoned. He felt that East Avenue is already too congested and that to have more commercial zoning on the street will only add to the problem. Mrs. Brannon, 1124 Tulane Court, objected to the rezoning applica- tion on the basis that they had moved to the area because it was away from downtown shopping and her children have to cross East Avenue to attend school, which she feels is busy enough without having commercial business on East Avenue. CM-24-409 November 15, 1971 (Rezoning Mrs. Belmeda Haera addressed the Council in de- Haera Property) fense of her application explaining that they were opposed to the gasoline station coming into their area because when they bought their home they were promised that a street would be built on the west; they had designed their own home and had planned to stay there. However, due to the fumes that come into their rooms while the station tanks have to be filled, which are so obnoxious that they are forced to close their windows, they have applied for rezoning; they feel that the house is no longer desirable for residential occupancy. The reason they have asked for commercial zoning for professional offices is due to the fact that the offices will not be occupied during the hours the trucks come in to fill the tanks. There being no further comments on the issue,motion was made by Coun- cilman Beebe, seconded by Councilman Pritchard~ to close the pub- lic hearing. Councilman Silva stated he would like to consider an enlarged area before coming to a decision on this application; therefore, he felt that the public hearing should not be closed, but the Mayor men- tioned that that would constitute opening a new hearing, and that this one could be closed at this time. The Council voted unanimously at this time to close the public hearing. Councilman Miller felt that the Council had two alternatives in alleviating the problem: 1) to regulate operations of the gas sta- tion in regard to the filling of the tanks, or 2) to rezone, as requested, and in his opinion it was up to the Council to try to maintain residential zoning along East Avenue and asked that the Council deny the application to rezone. Mr. Lewis mentioned that they could adopt regulations, as part of an ordinance, to control service station activities in residential areas and to confine noisy or objectionable fume conditions to hours that the stations are(open. Mayor Taylor stated that he opposed expanding the area and that the application was made on the basis that the area was unsuitable as a residential area because of the gas station, and that the station had created a hardship to the owners of the home. Councilman Silva did not agree with the Mayor and expressed himself by stating that he felt he could not come up with a decision with- out discussing the whole area - that to consider parcels one at a time is too time consuming and leaves other property owners in doubt as to what is going to be done. Councilman Silva made the motion that they expand the area for consideration, but the motion died for lack of a second. Councilman Pritchard felt that this property was a unique situation, in that few properties border a gasoline station with a hose 15 ft. from a window; therefore a precedent would not necessarily be set if this property was rezoned. He also felt that gas fumes would be as obnoxious during the day, at any given time, as well as during the night, so to impose regulations would not solve the problem either. Councilman Beebe stated that CP Zoning would be much better than CO Zoning, as there would be relatively little traffic in the even- ing or early morning when East Avenue is typically congested, and Mayor Taylor also agreed. Councilman Pritchard made a motion to adopt the Planning Commission recommendation to rezone the subject property to CP District on the grounds that the rezoning is: 1) in conformance with the general plan, 2) that it will not be detrimental to use of adjacent CM-24-410 property, 3) will allow uses compatible with adjacent land uses. November 15, 1971 (Rezoning - Haera Property) By the following called vote, the application as submitted was approved: AYES: Councilmen Beebe, Pritchard and Mayor Taylor NOES: Councilman Miller ABSTAIN: Councilman Silva * * * The Planning Commission has considered possible amendment to the Zoning Ordinance, particularly Section 8.00 RG (Suburban Multiple Residential) District (8.70 through 8.88~ as it relates to "Non-street Frontage Yards, I "Dwellings per Building," and "Maximum Building Height". PUBLIC HEARING RE SEC. 8.00, RG DISTRICT The Planning Director explained the setbacks as set forth in the reports that the Council had before them, mentioning that they followed FHA requirements where applicable. He stated that they were trying to get away from the flat 50-ft. requirement so as to make requirements more flexible for individual situations. At this time the Mayor asked if there was anyone else present that would like to testify on this proposed amendment, however none came forward. Councilman Pritchard moved to close the public hearing, seconded by Councilman Beebe, passed by unanimous vote. Councilman Beebe moved that the Council adopt the Planning Com- mission's recommendation, seconded by Councilman Pritchard. Councilman Miller felt that a two-story building should not be closer than 125 feet from adjacent property, and the Planning Director stated that if there is too great a setback that there may be problems of recreational activity or a noisy parking lot located in this area, and that the Council has no control as to what can be done with the area between the property line and the building. The motion received a 4 to 1 vote with Councilman Miller dissenting. * * * CONSENT CALENDAR The letter from Associated Home Builders was removed from the Consent Calendar for later discussion. * * * The communication from the Pleasanton Chamber of Commerce regarding the withdrawal from BART was removed from the Consent Calendar at the request of Councilman Pritchard. * * * A communication was received from the County of Alameda Board of Supervisors informing the City that the hearing regarding the Conditional Use Permit for the Greenview Tennis Club has been continued to Thursday, December 2, 1971. * * * COMMUNI CAT 10 NS (Associated Home Builders) (Pleasanton Chamber of Commerce) (Greenview Tennis Club Hearing) CM-24-411 November 15, 1971 (Communications- Oakland Typographical Union No. 36) A communication was received from the Oak- land Typographical Union No. 36 notifying the City that they have adopted a resolu- tion opposing the League of California Cities misuse of taxpayers' money. * * * Report re Property Marking Councilman Miller requested that the report from the Police Chief regarding property marking pro- gram be removed from the Consent Calendar for later discussion. * * * Report re Civic A report was received from the Fire Chief advising Donation that fourteen local civic organizations have jointly contributed a sum of $245.36 for the purchase of a manikin to be used by our Fire Department for first aid training purposes. It is recommended that a motion be adopted receiving this donation with gratitude to the various organizations. * * * Report re Claim Settle- ment (Bridge Structure) A report was received from the City Manager regard- ing the claim settlement for vehicular damage caused to the bridge structure at Arroyo Road and Mocho Creek. A settlement in the amount of $2300 was suggested and approved. RESOLUTION NO. 145-71 A RESOLUTION AUTHORIZING EXECUTION OF RELEASE AND ACCEPTING PAYMENT OF DAMAGES (Roberta A. Rodrigues) * * * Several cities, together with Alameda County, are participating in a computerized traffic record system that will lend assistance to our staff by providing a wealth of technical data on traffic engineering needs. The original estimate for our participating share was $2500 but the current amount is now set at $1600 for the year. It is recommended a resolution be adopted authorizing the City Manager to execute the agreement. Traffic Records System RESOLUTION NO. 144-71 RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AMENDMENT TO AGREEMENT FOR INTERGOVERNMENTAL COOPERATIVE CONSOLIDATED TRAFFIC RECORDS SYSTEM DATED FEBRUARY 24, 1970 AMONG ALL INCORPORATED CITIES AND TOWNS OF THE COUNTY AND THE COUNTY OF ALAMEDA. * * * Report re Sewer Service Charge Agreement A report was received from the Planning Director requesting a sanitary sewer connection agreement for property located at 5085 Southfront Road. RESOLUTION NO. 146-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (E. R. Griffin) * * * CM-24-412 November 15, 1971 Departmental reports were received from the following: Departmental Reports Airport - financial and activity - October Municipal Court - August and September Police and Pound Departments - October Water Reclamation Plant - October Golf Course - October * * * Minutes of the meeting of October 21 of the Board of Appeals were acknowledged. Minutes-Board of Appeals * * * Ninety-three claims in the amount of $118,191.12 and two hundred thirty-five pay- roll warrants in the amount of $56,099.85, dated November 11 were ordered paid as approved by the City Manager. Councilman Beebe abstained from Warrant 1015 for his usual reason. * * * Payroll and Claims On motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote the items on the Consent Calendar were ap- proved with the exception of those that were removed for later discussion. Approval of Consent Calendar * * * The City Attorney briefly stated that a letter had been submitted by Mr. David S. Madis regard- ing condominium development of a lot on Murrie- ta Boulevard. REPORT RE CONDOMINIUM (David S. Madis) Mr. Madis, on behalf of his client stated that he is requesting a letter from the City for the State Department of Real Estate, which states that they have met the City's legal requirements. They are not dividing the land for sale, but wish to sell air space. The land and structures will be transferred to a non- profit ownership which will become the property of all the resi- dents in the unit. There is no division of the land, they meet all engineering requirements, all City requirements and the City has been named the beneficiary which allows the City to insure that maintenance will be provided in the event the Home Owners Association elects them to do so. He also stated that the lot has already been approved by the Council and the units are com- plete. They have not violated any City Code, and the unit has been inspected by the City and now what he needs is a letter in order to market condominium units. Councilman Miller stated that if there were 25 dwellings to the acre, they are already in violation of the City ordinance. Mr. Madis was of the opinion that it was a little late for the Council to question as to whether there were violations involved; as they had approved the building permit, checked the specifica- tions, and the zoning and that at that time they were not in violation of any City Code, and now someone wants to question the density, etc. He felt that they should be able to rely on building permits issued. Councilman Miller stated the permit was issued for an apartment and the Council does not have to give permission for condominium- type sales; particularly if this would be in violation of any ordinance, and the Council is not obligated to give the letter Mr. Madis requests. Councilman Miller also feels that they are trying to get around the City's density requirements of the Townhouse Ordinance which went into effect July 28, 1971. CM-24-413 November 15, 1971 (Report re Condominium) The City Attorney suggested that the Planning De- partment have a look at the site to see what they could determine in this matter. Mayor Taylor stated that the property in question, as a matter of fact, is or is not in violation of an ordinance and suggested that the matter be discussed in another week. The Planning Director suggested that they may be in compliance with other requirements but may be in violation of the subdivision ordinance, because a map has not been filed. Mayor Taylor reminded the Council and staff that the Townhouse Ordinance does not cover the condominium-type design, which is one-on-top of another. He stated that it was expressly deleted because it confused the issue and that the staff and the Planning Commission had been instructed to draw up a Condominium Ordinance, which is under way at this time, to establish design features of condominiums. Councilman Pritchard asked the City Attorney whether the property was a subdivision or not, to which the City Attorney said that the section regarding condominiums is contradictory and he really could not make a determination without further study. At this time Mayor Taylor agreed with the City Attorney's earlier suggestion to let the staff study the issue and discuss the matter later; he then asked for a motion, which was made by Councilman Silva and seconded by Councilman Beebe and passed unanimously. Councilman Miller stated that a high density situation exists with this particular building and for this reason it should remain as an apartment, for which the permit was taken out in the beginning. After considerable discussion, Councilman Miller made a motion to reintroduce the Urgency Condominium Ordinance, seconded by Council- man Pritchard for the purpose of discussion. Mr. Lewis explained that the urgency ordinance adopted some weeks earlier was to prevent the subdivision by condominium, which is effective for ninety days unless terminated to prevent conversion of a building in any of the zones unless the developers comply with the provisions of the townhouse ordinance. Mayor Taylor asked the Planning Director how long it would be before the condominium ordinance is ready, and Mr. Musso replied about six weeks after the public hearing. Councilman Beebe made an amendment to the motion that the ordi- nance would apply to building permits taken out after the townhouse ordinance went into effect, however there was no second to the mo- tion to amend. The Council discussed whether the ordinance was being introduced to apply also to the property before them for consideration. David Madis spoke of condominium units in which the density must be 1000 d.u./acre; they are some of the finest buildings, and pro- perty has increased in value; some people love to live in that type of dwelling, people like to live differently. It is easy for the Council to set standards in a tyrannical manner and impose their concept for good housing on others. The condominium ordinance says you can divide your air space under the civil code, provides a type of estate, a type of ownership of real property, and if it conforms to local ordinances a person has that right. Their only reason for appearing is because the State says a condominium is a subdivision; a condominium does not involve the subdivision of any real property, and if they are compelled to file a subdivision map, all they will file is a property outline, showing the peri- meter of the property with the appropriate property description. CM-24-414 November 15, 1971 They could do this and forty days later they would appear before the Council and they would be compelled to approve it, but feel it is a waste of time. All they want is a letter stat- ing they do not violate any ordinances of the City; then the State Department of Real Estate will give them a report for pub- lic display. (Condominium Urgency Ordinance) Mayor Taylor advised Mr. Madis that the item regarding the letter has been continued until next meeting, and the Council has before them another matter. It is not an attempt to prevent condominiums, but to delay the subdivision by condominium until there is an ordinance regulating them. A called vote was then taken on the motion for the interim ordi- nance which failed by the following vote: AYES: NOES: Councilmen Beebe, Silva and Mayor Taylor Councilmen Pritchard and Miller Mayor Taylor asked that the ordinance be given priority on the Planning Commission agenda. * * * AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL RECESS MEMBERS PRESENT. * * * The Planning Director explained that this sub- division in the former Proud Homes-Weisel De- velopment and the map is a part of the Planned Unit Development permit that runs until 1972, so the Reeder Development Corporation has a valid preliminary map that is a part of the PUD and conforms specifically to that map. The main issue involved with the subdivision is the off-tract requirements. The map was to be modified to include the park site as part of the subdivision. The horticultural report is to be done by the developer, made avail- able to the homeowner and made a part of the state subdivision report. There is no indication that such a report exists. The Livermore Trailways System to be incorporated in the subdivision was applicable, however they did not feel it was necessary to put a trailway in this area so it is not a problem. TENTATIVE MAP TRACT 3043 (Reeder Development Corporation) The Public Works Director explained a few of the special engineer- ing considerations, one of which was to require a waterline to connect the northeast corner of the tract on the future alignment of Hartford Road to the line from the Dalton Reservoir which will give a loop waterline to serve the entire area. This was a pro- vision of the second unit that it would be required on the third unit. Another consideration was that access shall be by way of Springtown Blvd. and there would be an extension of a two lane road along the west line of the tract, turning on future Galloway Street, turning and tying into the tract. There is the provision for one-half of the future bridge on the crossing of the Arroyo Las Positas, which would be bonded for, to provide that the access be constructed after 300 homes have been completed in the tracts, or not later than three years from the date of the subdivision agreement; in addition there would be a requirement that the bridge on Larkspur Drive be extended across the Arroyo. Mr. Lee explained that although Reeder Development Corporation has only a small piece of their property south of the Arroyo, they are being required to build the bridge, and a bond be provided at this time for its completion, and to be completed at such time as there is any de- velopment or before five years have elapsed. CM-24-4l5 November 15, 1971 (Tentative Map Mayor Taylor stated it was his understanding Tract 3043) that at the time the subdivision map is accepted, the completed public works including Springtown Blvd. is to be bonded for, and asked when it would be built, and Mr. Lee replied the engineering considerations in- dicate it will be completed concurrent with completion of 300 homes in the three units. Mr. Lee stated that the Reeder Development Corporation has presented some alternate ideas, one being the possibility of constructing Larkspur Drive in lieu of Springtown Blvd., which would provide an access to the tract. Mr. Musso stated that there have been 1300 units developed which are using Bluebell Drive. Also, it had been suggested that this matter regarding this area be referred to the School District for their comment relative to schools, and they have replied that stu- dents would be bussed to Green, Portola, Junction Avenue and Liver- more High School, which would necessitate double sessions at these schools. The Board of Education will consider a policy statement at their meeting on November 16, that schools will be adequate when students to be generated can be housed in single sessions, and states that existing facilities do not meet this criteria in relation to Tract 3043. Mayor Taylor did not see how we could postpone the construction of Springtown Blvd. any longer inasmuch as there has been a contract in existence for the development of this street after so many units were built. Councilman Miller made a motion to amend the Planning Commission's recommendations - Item 3, "that the second access be improved before the first unit of development or else there be a cash bond for those public works improvements." The City Attorney advised the Council of a court case with regard to bonds, etc., and stated there is to be a change made in the subdivision agreement to provide the alternative that if the im- provements have not been commenced that the subdivider agrees to revert the property to acreage at his cost, based on a decision of the court. Mr. Lewis further stated that if public improvements have not been commenced the only alternative, under law, is to re- quire the subdivider to revert the property to acreage. Mr. Lee stated this change has been included in the subdivision agreement, but rather than a bond in this case, felt another pro- vision could be put into the agreement saying that no homes will be occupied in this unit until the second access is provided. Mr. Lewis stated if you condition it on some condition of occupancy the houses are subject to vandalism and problems for the commun- ity and the police. Councilman Silva asked to have the terms of the last agreement explained, and Mr. Musso advised that the original permit issued in 1967 had the provision that initial development would be for the extension of Bluebell Drive, and after one year, upon the comple- tion of 100 dwelling units, the City reserved the right to require a second street; said access shall be by the construction of Larks- pur Drive or Springtown Blvd. to connect with the streets in the subdivision; then with unit 2, when they exceeded 100 units, there was a delay in this improvement and with unit 3 another delay. In reply to a question by Councilman Silva, Mr. Musso advised this tentative was a part of units 3 and 4. The Council concurred they could reasonably require commencement of Springtown Blvd. Councilman Miller changed his motion with regard to Item 3 of the Planning Commission's recommendation to read: "Second access (ex- tension of Springtown Boulevard from Galloway to existing Spring- town Boulevard to the south) be commenced before the first residen- CM-24-416 November 15, 1971 tial building permit is issued and completed before the first occupancy permit is issued." The motion was seconded by Councilman Pritchard. (Tentative Map Tract 3043) Councilman Silva asked why we prefer Springtown Blvd. to Larkspur Drive and this was discussed, together with the possibility of forming a benefit district. Jim Nachazel, Civil Engineer, 4616 East La Palma, Anaheim, re- ferred to the Planning Commission's letter to the City Council, and stated that the first three items were tied into the first development of about 25 lots, and requested that the Council not tie these items into the first unit of development. As far as Item 7, they have already entered into an agreement with the Public Works Department and are in the process of paving Bluebell Drive. Item 5, regarding a horticultural report they favor, and would like this to be the sum total of what is covered in the engineering considerations and use this wording rather than those in the engineering considerations. There is also a requirement that fencing be constructed on all school and park site boundaries and they ask that this requirement be eliminated. Mr. Nachazel continued that with regard to the access they own one acre on the south side of the channel and the balance of the land is owned by others; in addition, all of the land to the west that would be in the permit issued is owned by other agencies. They own only a small portion of the undeveloped land and prac- tically no land south of the channel that would either have Springtown Blvd. or Larkspur Drive, so as far as the improvements it would seem the logical time to require them would be when that land is developed. If the requirements on their proposed map are so unreasonable as to prevent them from developing and the total cost of improvements make the proposed lots unrealistic, they will not be able to develop. If Larkspur Drive is extended from Springtown northerly to their tract, it would relieve the traffic on Bluebell Drive. If they are required to develop Springtown Blvd., they will not be able to develop the area. Springtown Blvd. was not a requirement of the previously approved tentative map. As far as the third unit, 3043, the access was going to be by the improvement of Hartford Avenue, and it was with Tract 3044 that the Council was reserving the right to re- quire the completion of Springtown Blvd. or Larkspur Drive. Councilman Pritchard asked if the Reeder Development Corporation purchased the property in question from the Weisel Corporation, and was advised that they had. Mr. Pritchard asked if they were not aware of the agreements the former owner had with the City, and was advised they had the conditions of approval of the tenta- tives that were previously approved and they would be happy to meet all the conditions. Mr. Musso explained that those tentatives have expired, and the tentative map before them includes portions of Tracts 3043 and 3044, but they do not own all the land that had been included in the other maps. Mr. Musso also mentioned the fence that Mr. Nachazel referred to which involved 100 feet of fence. Mayor Taylor felt the new property owner faced a dilemma; the City must have an access, and development may be premature and may have to wait until intervening property develops. Howard Pabst, representing Springtown Association, stated they are not against development of the tracts because the more homes they have the sooner they will have a shopping center; they are concerned with the traffic on Bluebell Drive, and they do not care whether the Council approves the extension of Larkspur Dr. or Springtown Blvd. As a retired engineer he could see the problem the developer would have if they attempted to complete Springtown Blvd. CM-24-417 November 15, 1971 (Tentative Map Tract 3043) The Council discussed the portion of Springtown Blvd. to Larkspur Dr. which the developer bonded for; the type of bond and whether or not immediate action could be commenced since the time period has expired. Councilman Silva indicated that he would rather the City maintain Larkspur Drive than Springtown Blvd. and made a motion to amend the main motion that the second access requirement be Larkspur Drive rather than Springtown Blvd., seconded by Councilman Beebe. Mayor Taylor pointed out that while it was true Larkspur Drive would take much of the traffic, eventually Hartman Road will deve- lop and they need a major street as traffic from the Greenville North area will come down Hartman Road, turn south through this tract and then either go on Bluebell Drive or Larkspur Drive. The Council discussed the configuration of the tract, and the de- lay already encountered in having Springtown Blvd. completed and future development in the area in small tracts which might further delay completion as each ownership would feel it to be too great a burden for the size of the tract. As a result of the discussion Councilman Silva withdrew his motion, and Councilman Beebe agreed to withdraw the second. Mayor Taylor called for the question, and the original motion was voted on and passed unanimously. Councilman Miller made a motion that Larkspur bridge be required across the Arroyo Las Positas and commenced before the first resi- dential building permit is issued and completed before the first occupancy permit is issued. Mr. Lee stated his recommendation was that the Larkspur bridge be required across the Arroyo at such time as any development occurs on their property, or development occurs adjacent to this property and be bonded for initially with this property, or not later than five years. Since they own the property on both sides there is no other time we can make the requirement, but he did not feel it necessary to require it immediately and be stubbed out going nowhere. Mr. Lewis stated there are sections that allow a benefit district for the construction of bridges for reimbursement of the subdivider of the other portion of the property benefited by the bridge. Councilman Miller stated they have a PUD that expires at a different time than the tentative map, and made a motion to place a condition that the tentative is valid only as long as the PUD is valid, as Condition 8. The motion was seconded by Councilman Silva. Mr. Lewis explained that one of the conditions in every tract map situation is that the final, when filed, must comply with the zon- ing on the property so if the PUD expires and it reverts to its underlying zoning, the final when filed (the developer has 18 months in which to file) if it does not comply with the underlying zoning at that time, it could be disapp~oved, however it is an awkward situation and one which the City tries to avoid. Mr. Lewis stated what the Council is trying to say to the developer is that the PUD must be extended; if not, he will have a problem with his final map. A vote was taken on the motion and passed unanimously. Councilman Beebe moved approval of the tentative with all condi- tions as noted and voted on, and that there be the provision for the proper water supply before any issuance of building permits in the engineering report. Motion was seconded by Councilman Silva. CM-24-418 November 15, 1971 Councilman Pritchard made a motion to amend the (Tentative Map main motion to set as Condition 9 that the letter Tract 3043) be obtained from the School District stating the requirements of our newly enacted ordinance before the final map approval. Motion was seconded by Councilman Beebe, and approved unanimously. The main motion was then approved un- animously. * * * A report was received from the Planning Corrunis- sion with regard to the removal of trees within tentative map of Tract 3333, advising that it is no longer possible for the developer to submit a final map in conformance with the approved ten- tative inasmuch as the trees have been removed, and recorrunending that the Council advise the developer of this discrepancy, re- quiring either submittal of a new tentative map or an alternate proposal to make restitution for the loss of the trees. REPORT RE REMOVAL OF TREES TR. 3333 (H.C. Elliott) Mr. H. C. Elliott stated he was not at the Planning Corrunission meeting and would like an opportunity to defend himself and ex- plained the location of the two large oak trees which were on the border of the subdivision and the proposed park dedication; he had ordered them to be saved, however the designer of the sub- division was never aware of how serious the matter was and there was a complete misunderstanding when the clearing instructions were given. The engineering firm has offered to make restitution in the form of landscaping, tree planting or whatever, and they are willing to do whatever is required, however he would suggest re- placement with other types of trees. Mr. Musso stated that this does not involve only the two oak trees; the condition was that the two or three groves of trees were to be removed only with the permission of the City Engineer. It was the consensus of the Council that there should be a recom- mendation from the staff regarding landscaping to replace the trees, and the City Attorney added that the Beautification Com- mittee is reviewing an ordinance regarding heritage trees that will take care of future cases. * * * A report was submitted by the Public Works Di- rector regarding the traffic signal at Holmes Street and Concannon Boulevard, and this item was deferred for discussion with the Capital Improvements Budget. * * * The following bids were received for the side- walk repair project: Anderson & Guerrero G. M. Labrucherie & Assoc. $53,247.61 77,289.85 REPORT RE TRAFFIC SIGNAL-HOLMES ST. & CONCANNON BLVD. REPORT RE BIDS (Sidewalk Repair) Mr. Lee advised that the one bid is acceptable, but cost figures will be sent to the property owners with a letter of explanation as to their options, and the matter will be referred back to the Council late in December to award the bid for the repairs not com- pleted by owners. * * * A report was submitted by the Public Works Di- rector regarding Portola Avenue-US 580 inter- section, and a motion was made by Councilman REPORT RE PORTOLA AVE. , US 580 Intersection CM-24-4l9 November 15, 1971 (Portola Ave. Closing) Beebe, seconded by Councilman Pritchard, that in conjunction with the state, Portola Avenue be closed as soon as the other access road is ready for traffic, and the motion passed unanimously. * * * PROPOSED ORDINANCE RE ISSUANCE OF BUILDING PERMITS A proposed ordinance regarding regulation of use of water and regulating the issuance of building permits for new residential and certain manufac- turing and commercial buildings had been discussed in detail for several weeks. Councilman Beebe made a motion to amend the figure on page 2 of the proposed ordinance from 2211 to 1500, to be allotted at no more than 225 permits issued in anyone calendar quarter, and moved that the ordinance be introduced by title only and waive the first reading. This would mean that Item I would not be per- tinent and should be removed. The motion was seconded by Council- man Pritchard. David Madis stated that last week many of the builders were present and had an opportunity to participate in the discussion and he felt it was not fair for them not to be given the opportunity to be heard if the Council is to make a change. Mr. Madis again pre- sented his arguments in opposition of the figures, as he felt from all indications there would not be the accelerated building program as had been the past year. Robert Allen, 223 Donner Avenue, stated that the wording in the ordinance was awkward and suggested several changes. A vote was then taken on the amended motion and failed by the following: AYES: NOES: Councilmen Beebe and Pritchard Councilmen Silva, Miller and Mayor Taylor Councilman Miller offered the motion that the number be 1100, with 150 per quarter allotted; motion was seconded by Mayor Taylor. Robert Allen stated by cutting off the amount of building permits, the Council was also cutting off the source of revenue to provide water which would solve the problem, however Councilman Miller stated that no amount of water connection fees will add enough money to build a water treatment plant if there is water rationing. A vote was taken and the motion failed by the following: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman Beebe stated the ordinance should be resolved and made a motion to go back to the original ordinance, however the motion failed for lack of a second. Since it was not possible for the Council to reach a compromise on the terms of the ordinance, Mayor Taylor made a motion to con- tinue the matter for one week, seconded by Councilman Miller, however the motion failed by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Mayor Taylor made a motion that the number be set at 1100, but not refer to the rate; the motion was seconded by Councilman Miller for further debate. CM-24-420 November 15, 1971 Councilman Miller reminded the Council that they should not extend permits beyond the water supply. (Proposed Ordinance Bldg. Permits) Dr. Donald Rocco suggested that since they have a number of 2200 they have agreed upon, perhaps by regulating this amount, they could reach a decision. Mayor Taylor made a motion to continue the matter for one week, seconded by Councilman Miller; however the motion failed by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Since the Council could reach no deci~ion, Mayor Taylor asked for a motion for adjournment, which was made by Councilman Beebe, se- conded by Councilman Silva, and passed unanimously. * * * There being no further business to come before the Council, the meeting was adjourned at 1:20 a.m. ADJOURNMENT * * * * Regular Meeting of November 22, 1971 A regular meeting of the City Council was held on November 22, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor ROLL CALL ABSENT: None * * * The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the minutes of the meeting of November 8, 1971, were approved as submitted. MINUTES * * * CM-24-421 November 22, 1971 The Crane Ridge 4-H Club has raised some money and wishes to make a donation to the City to aid in the completion of bike, hiking and horse trails around the City, and the Mayor invited their representative to come forward. The representative stated that the money had been raised through efforts such as bake sales, and presented a check to Mayor Taylor in the amount of $200 with a re- quest that special attention be given to the Robertson Park area in regard to the development of a horseman's rest area. SPECIAL ITEM 4- H Club Donation Mayor Taylor, on behalf of the City, thanked the 4-H Club and men- tioned that their motivation and hard work was a very good example to our society. Councilman Miller suggested that LARPD be contacted in reference to the request for special consideration of the Robertson Park area. * * * Jim Day, 745 Cardinal Drive, stated that he noticed that the letter from the school district regarding school housing had been placed on the Consent Calen- dar and he had hoped that it would appear as a dis- cussion topic rather than on the Consent Calendar. Mr. Day requested the item to be withdrawn from the calendar and made a discussion item at a later date, to which the Mayor replied that it would be. OPEN FORUM School Housing Size of Signs * * * Robert AllenJ223 Donner Avenue, stated that his earlier suggestion relating the size of signs to the evaluation of the property, which at that time was supposedly unconstitutional and difficult to determine, pointed out that a similar situation is on the agenda for this meeting, whereby the City is linking the lease of City property to requiring a structure of at least $200,000 in construc- tion value. Using the former example, he said that he wished to repeat his suggestion on the basis that it would be a constitution- al determinant and a good criterion for the size of signs to be directly related to the value of the building. He felt that in a commercial district it would raise the assessed valuation of the district, and asked the Council to consider his suggestion. Councilman Miller stated that signs in the business district are already proportional to the size of the building and that the Sign Ordinance already allows larger signs for larger buildings. Mr. Allen clarified his statement by saying that he felt value of a building was perhaps more important than the size of the build- ing; a building that a lot of effort, energy and money has been put into to make it attractive, should receive consideration for a larger sign. PUBLIC HEARING RE PROPOSED ANNEXATION (Industrial Annex No.6) * * * The Mayor opened the public hearing and invited anyone present wishing to give testimony regarding the proposed annexation, !1Industrial Annex No. 6!1 of US 580, Greenville Road, south of the Southern Pacific Railroad tracks, to address the Council, to which there was no response. The City Clerk also reported that no written protests were received. At the request of the City Clerk the Mayor clarified that the hear- ing was for the express purpose of registering protests. Antone Thomas, 5757 South Front Road, stated that though the area is relatively uninhabited and there are not enough people to support CM-24-422 November 22, 1971 his protest, however he would like to state his opposition to incorporating the South Front Road area into the City and City Zoning. To this the Mayor replied that he would welcome him to the City. (Industrial Annex No.6) At this time Mayor Taylor asked for a motion to close the public hearing. Councilman Miller moved to close the hearing, seconded by Councilman Silva, and approved unanimously. The Mayor stated that a resolution was in order, and the City Attorney read the title. Councilman Pritchard made a motion to accept the resolution, seconded by Councilman Beebe and approved unanimously. RESOLUTION NO. 147-71 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 CALIFORNIA ON "INDUSTRIAL ANNEX NO. 6". Councilman Pritchard made a motion to introduce the ordinance and to waive the first reading (title read only) for annexing Indus- trial Annex No.6 to the City of Livermore. The motion was second- ed by Councilman Beebe and received a unanimous vote. * * * Mayor Taylor stated that the hearing was a con- tinuation of an application submitted by Dan Enos, to change the zoning from RL-6 to RG-16 District for the property located at 603 Enos Way, and asked the Planning Director to describe PUBLIC HEARING RE REZONING ENOS WAY the property. The Planning Director explained the area location and its relation- ship to adjacent properties and stated that after considerable discussion the Planning Commission recommends 10 d.u./acre density or 35 dwelling units at 16 per acre on approximately two acres, with the remainder becoming an E District. Burke Critchfield, Attorney representing the applicants, Barbara and Dan Enos, addressed the Council and stated that the property in question had been in the Enos family for some time and that at one time it was zoned multiple. The zoning was changed and taxes have increased on the property and there are only a few tennants and horses on the property at this time. Because of the shape of the property and the neighborhood, single family zoning is imprac- tical. An engineering firm has prepared drawings and different proposals for development. The single family residents to the north were contacted and all but two approved of the plan that some type of multiple would be established - they also signed a peti- tion agreeing to the proposal. One of the persons in protest of multiple zoning lives on the corner, and to satisfy his complaints they have proposed that an open area be maintained adjacent to this property for parking or some other use. No building will be closer than 150 feet, to insure privacy of the single family residences. The hearing had been continued from a September hearing to an early October hearing at the request of the Planning Commission who wanted to review the matter with the Livermore Area Recreation and Park District as it was felt some of the land might be used for a small park. The Park District, however, felt that a small park of this type would not be practical and that on Junction Ave- nue there was a small park already in existence and two parks in close proximity would not be reasonable. At the time of the second hearing in October~ the applicants agreed to reduce the request from RG-16 to RG-14 and possible RG-12. They had been advised that it would be impractical to develop the area for less than 40 units for the entire three plus acres. A resolution was adopted to CM-24-423 November 22, 1971 rezone the southern two acres to RG-16 and the remaining 1-1/4 acres would be left for open space and the matter was set for public hearing before the Council. A continuance was then re- quested so they could decide whether to accept RG-16 for the two acres, or to consider an overall lower density zoning. The appli- cants and attorney talked to the homeowners again and the owners do not want the 1-1/4 acres to be left open as this would invite noisy vehicles and motorcycles and bicycle trails being made through the area, or an area that would not be provided with landscaping. The attorney asked that it be re-examined and that they be allowed a reasonable number of units with 150 ft. between the single family residences and the multiples. The attorney has in his possession a petition agreeing to the proposals, which represents over 70 par- cels of land and states that the request is not unreasonable; some felt that it would even upgrade the value of their property. The attorney asked that the Council give their request reasonable con- sideration. Mr. Critchfield then gave the additional petitions to the Council to review, along with their plans, and stated his feeling that in view of the fact that it was once zoned multiple, the Council should take this into consideration, and the entire parcel be zoned for multiple with a restriction to the northern portion so that no units will be placed in that area. If there was a real need for a trailway through this property, the owners would be willing to negotiate with the staff for the benefit of the community and the owners. He concluded by saying that 36 to 40 units would best suit their plans and needs. (Public Hearing Dan Enos) Norman Smith, 675 Enos Way, said that he had come to the first hearing to protest the rezoning, but since, has decided to try to work out a compromise. His main concern is that the whole parcel will be zoned multiple and he stated he would protest this type of zoning, but if one acre to the north remains open, or with E District zoning, he would not be in opposition. He stated that there is one parcel of land directly adjacent to him and adjoining the property in question, and he is sure if the Enos property is zoned multiple, that the person holding that one parcel of land will ask for the same zoning, and then he will be immediately ad- jacent to multiples. Mayor Taylor stated that after the Council discusses this issue further and comes up with a decision, he would have another chance to address the Council, in protest, if he chooses. Katie Richardson, 510 Junction Avenue, stated her opposition to letting the City take over a portion of the Enos property for a park or another purpose. She urged the Council to let the owners of the land have the zoning they request. She stated that she is next to an apartment and that it has never posed a problem; in fact, she has acquired some very good friends from the apartment and knows of no reason another apartment should not be built in the area. Ken Holloway, 2648 Kelly,stated that he has no objection to the land in question being used properly and feels that there needs to be some kind of buffer between multiples, should they be granted, and single family dwellings; he gave a suggestion that trees could be used for the purpose, and that in his estimation, an acre would be asking too much. He felt that even 100 feet of buffer would be adequate. He stated that he would appreciate seeing the old build- ings removed and new modern apartments going up in their place. Richard Davies, 2967 Kennedy, stated that he had not planned to address the Council, but wanted to add his support to what Mr. Holloway had stated. He, also, was of the opinion that 1.4 acres should not be taken from the owner to be used as a park or another use by the City. There being no other testimony, a motion was made by Councilman Beebe, seconded by Councilman Pritchard, and passed unanimously, to close the public hearing. CM-24-424 November 22, 1971 Councilman Miller stated that a few considera- tions should be made before a decision is made: 1) whether higher density would be rea- sonable due to water and school problems, and 2) whether or not there is a public need for multiples in that area at this time, and going to higher density may violate the idea of the general plan. The multiples would bring about the generation of more children in the area and a need for a park. He indicated that there is a possibility that the City will not get the water connection fee if it is zoned multiple because there is no subdivision map required, and all the builder has to do is apply for a building permit. His suggestion would be to zone the area RS-5 District in order to avoid a higher density. (Public Hearing - Dan Enos) The question of buffering was discussed by the Council and whether or not that portion could be zoned to "Ell District to preserve it. Mr. Lewis advised there could be a condition, or perhaps a dona- tion of interest in the land to the City to restrict the surface use of the property. Mr. Musso explained the only thing necessary is that the zoning conform to the ordinance which provides setbacks close to 75 feet. Mr. Critchfield stated they are willing to agree that if a rea- sonable solution can be made that any approval by the Council could be made next meeting and he would meet with the City Attorney to insure that this guarantee would be there. They would be willing to adjust the application so the Council would only rezone a smaller portion, so that the northern portion will be in park, open space or whatever is agreed upon. Councilman Beebe stated that he felt it is not the Council's pre- rogative to decide whether or not the City needs another apartment or townhouse or residentials in the area; he stated that that was part of free enterprise and that if there are too many vacancies, builders will stop building apartments and if there are no vacan- cies, builders will build more. As far as the problems of water, he stated that the Council had discussions as to rezoning, not in the older sections, but for annexing new areas into the community and problems regarding heavy zoning in these new areas. Councilman Silva pointed out that a zoning of RG-10 would be com- parable to RL-6 zone as far as tax structure. Councilman Pritchard stated he would be interested in the arrangement which would be worked out between the applicant and the City At- torney, and made a motion that the issue be continued for two weeks. The motion was seconded by Councilman Beebe and approved unanimously. * * * CONSENT CALENDAR A communication from the Livermore Valley Uni- fied School District Board regarding school housing was removed from the Consent Calendar for later discussion. Communication re School Housing * * * A letter was received from the League of Women Voters commending the City Council for their initiation of action to help solve the future growth problems of our Community. Communication Commending City * * * CM-24-425 November 22, 1971 Communication re Park Develop- ment Requirement Report re Regional Water Quality Control Monitoring Requirements Resolutions re Sidewalk Claims Minutes Housing Authority Payroll and Claims Approval of Consent Calendar A communication was received from the Livermore Area Recreation and Park District, together with a resolution urging the City to enact a park de- velopment requirement and recommending that a joint meeting be held to discuss this item. This item was removed from the Consent Calendar for later discussion. * * * A report was submitted by the Public Works Direct- or regarding Regional Water Quality Control Board monitoring requirements. Mr. Parness advised that more time was required for consideration of the addendums, and he asked that this item be continued, and it was removed from the Consent Calendar. * * * RESOLUTION NO. 148-71 A RESOLUTION DIRECTING CLERK NOT TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE. RESOLUTION NO. 149-71 A RESOLUTION DIRECTING CLERK TO FILE CERTAIN CLAIMS ALLEGING TREE DAMAGE AND DENIAL THEREOF. * * * Minutes of the Housing Authority meeting of October 19 were acknowledged for filing. * * * One hundred and nine claims in the amount of $118,356.62 and two hundred fifty payroll warrants in the amount of $56,161.22, dated November 19, 1971, were ordered paid as approved by the Finance Director. * * * On motion of Councilman Beebe, seconded by Coun- cilman Pritchard, and by unanimous approval, the items on the Consent Calendar were approved. * * * A communication from David~~adis regarding condominium development - Lot 7, Tract 274~ Murrieta Blvd., had been discussed at the meeting of November 15, and continued until this time pending receipt of a staff report. The Planning Director, Chief Build- ing Inspector and Public Works Director each sub- mitted a report regarding the proposed development being in con- formance with the ordinance. Mr. Musso explained that the subject plans, according to these reports, indicate that they are in conform- ance to the City Zoning Ordinance. The question is whether or not a subdivision is required, and he presented the approved map for Unit 1, stating that a condominium map is more than just property boundaries. It is location of buildings, questions of park dedi- cation, and the requirement of the homeowners association to main- tain a common open space. If the Council concludes that condominium is not a subdivision, then they will not allow the right to claim park dedication. There is more involved than just this unit as in this case the park dedication has been collected, but what of the next one. COMMUNICATION RE CONDOMINIUM DEVELOPMENT (Tr. 2745) CM-24-426 November 22, 1971 David Madis, representing the subdivider, stated that the building is shown on the map and it has been built, and the state Code provides that the condominium must be approved when the building is already located on the property; the fees are collected as though it was one parcel and not on the basis of the number of units. (Condominium Development Tract 2745) Mr. Lewis stated that if the location of the building is shown on the map, the only issue is whether or not it is the same parcel for which building permits were issued. Mr. Madis went on to say that since they have complied with all regulations and the ordinance, it would be a waste of time to submit a map, as everything is built and they are only dividing the air space. However, they would withdraw their request for a letter and submit a map. Councilman Miller pointed out that there are still some public works improvements that have not been completed, which are long overdue, and felt any approval of the subdivision map should re- quire a cash bond or some guarantee that those public works im- provements are put in. Mr. Madis advised that the improvements will be done according to the requirements of the law. Councilman Miller stated one more thing is that in Unit 3 they had discussed dedication of land which was to come in a density trade, and now wondered how this was to be resolved, and felt the staff should review that item as the tentative map is con- sidered. Concilman Miller stated his feelings that this condominium was built specifically to evade the townhouse ordinance and again suggested that the interim ordinance be introduced regarding sub- division by condominium. He felt if the ordinance is reintro- duced, the approval of the subject condominium would be withheld until a decision is made as to whether it is to be an apartment, as indicated by the building permit which was issued, or a con- dominium. Councilman Miller made a motion to reintroduce the interim ordinance, however the motion failed for lack of a second. Mayor Taylor explained the purpose for the introduction of the first interim ordinance was to prevent some large developer from building a townhouse development that the Council had previously disapproved by using the method of building it under RG zoning, then subdividing the property, using the technique of condominium. The townhouse ordinance was designed the way it is principally because of the way attached garages and internal streets perturbed the design of the development; whether one family unit is above another or not, is beside the point. Councilman Miller stated that the question of the possibility of evasion of the condominium ordinance was originally raised by him; the whole thrust of public testimony has been density and family composition and that is the major issue. * * * A report had been submitted by the Police Chief regarding a property marking program, and this item had been continued from the meeting of November 15. OPERATION IDENTI- FICATION (Property Marking Program) A motion was made by Councilman Pritchard, seconded by Councilman Silva to appropriate $200 to implement the program as outlined. CM-24-427 November 22, 1971 (Operation Identification) Councilman Miller stated that in many communities, various service organizations and insurance agen- cies have sponsored the program, and he felt we should explore this possibility. The Council felt after some discussion that the small investment would be worthwhile, and the motion was approved unanimously. COMMUNICATION RE BART * * * A communication received from the Pleasanton Chamber of Commerce was postponed from the meeting of No- vember 15, at the request of Councilman Silva, who stated that he would like to have the staff inves- tigate the possibility of withdrawing from BART. Mr. Lewis stated that we cannot withdraw as the District Act is very clear that only a County may withdraw and only up until the time that bonds are issued, so as he understands the Act, there is no way out. The only way would be to have the District Act amended, however there are so many cases that have been decided by Courts as to what happens when an area withdraws, and it is subject to a bonded indebtedness, there is no question that we would still be subject to pay the taxes. COMMUNICATION RE FREEZE (Associated Home Builders) * * * The communication from the Associated Home Builders of the Greater East Bay, Inc., regarding the lift- ing of the freeze was continued from the meeting of November 15 at which time Mr. Leonard stated he would have a letter for the Council's approval re- garding the escrow account. Councilman Miller asked who had signed the agreement, and was ad- vised that all subdivision firms have paid the fee, but there are three single building permits that were issued and have not paid, and these cannot be mandatorily made to pay it. Councilman Miller stated there was to be an agreement from all the developers, and felt the method being used was very unbusinesslike and unfair to those who have signed the agreement, and to the City, if they do not collect from those who do not pay. He felt there should be more than just an escrow agreement, and we should not continue the pro- gram unless we have signed letters from all of the developers. Mr. Leonard stated that some of the developers have said they would not be building, others have no recorded lots, but those who are actively building, with the exception of a couple that are in transition,have already signed. Mayor Taylor stated that he did not feel the Council could do any more in this regard, and he did feel there was a certainty that Zone 7 would institute a fee for almost $500. We can only do what is best for the public, and Councilman Beebe concurred it was the best solution under the circumstances. REPORT RE HOLMES STREET WIDENING * * * The Public Works Director reported with regard to the widening of Holmes Street, south of Alden Lane, stating that when the Tract on the east side of Holmes Street was approved, the City required 19 feet, but subsequently, the standard has been changed for major streets from 88 feet to 104 feet, and now to ob- tain the standard width, it will require a further acquisition of 35 feet on the westerly side. There are three homeowners on the west side and they are aware of this matter and have appealed for some other course of action rather than the uneven widening. If CM-24-428 November 22, 1971 there was equal widening, it would require 27 feet instead of the 35 feet off the west side, but would also require that we obtain addition- al right-of-way from 17 filed lots on the east side of the street. He stated that letters have been submitted by the homeowners requesting that land be taken from the existing 17 lots on the east side for equal widening, in order to be fair to all concerned. Mr. Lee advised that the cost would be approxi- mately $13,600 for the uneven widening and $30,900 for even widen- ing, and recommended the option of uneven widening. (Holmes Street Widening) Councilman Silva stated for the sake of discussion he would make a motion to adopt the Public Works Director's recommendation for unequal widening, and Councilman Pritchard seconded the motion. Ervin Heald, 2633 Holmes Street, representing the home owners on the west side of Holmes Street, stated that at the time the homes were built, the last one being in January of 1970, the County plans made it known that there would be a 19-foot easement on the property, but since, it has been changed to a 35-foot easement, of which they were not notified. He stated that if unequal widen- ing takes place that one of the home owners will not be able to back out of his drive into the street because there is a six foot drop so the approach will have to be changed. Alden Lane Nursery will lose one-half of one of their buildings in order for the road to pass through. Mr. Lee stated that no matter what the decision is, Alden Lane Nursery will be affected the same in either case, as there is uneven widening north of Alden Lane, and during the transition, part of the structure mentioned will be in the way. Mr. Heald also stated that if their property was to be annexed into the City, which he feels is inevitable, widening will occur. The Mayor assured him this is not necessarily so; annexation does not mean automatic widening; there will be no change to their pro- perty unless it is developed or sold and widening may not even take place for some time. Masud Mehran stated his sympathy with the homeowners to the east side of Holmes Street. He stated this problem has resulted from the City changing the standards from 88 to 104 ft. width to the road. Development of the 17 lots to the east has commenced and if even widening is required, the lots will not meet minimum standards as the houses proposed for the lots will not fit on smaller lots; also, grading, concrete and underground wiring is committed and cannot be changed. The subdivision agreement is in effect and he cannot make changes now. If the land had not been recorded there would be no problem, but it is too late now. He is willing to cooperate with the City and will be glad to change the land south of the tract already set up. He suggested that either the Council accept the recommendation of the Public Works Director for unequal widening, or leave Holmes Street at 88 feet,as it is, all the way to First Street, and start the widening south of the area now being considered. Mr. Lee stated that the 88-foot width of Holmes Street is already too narrow and inadequate and there is a need to widen where they can. Candice Simonen, 692 Jefferson, requested that the trees that are along Alden Lane Nursery be saved, as suggested by Mr. Mehran. The City Attorney suggested that if the Council is to consider equal widening that they have an appraisal of the west and east side and find out what the cost will be in actuality, but they may not be able to do anything anyway if what Mr. Mehran has said is true, because the damage to the lots may be substantial. He stated an appraisal would probably cost from $500 to $1000. CM-24-429 November 22, 1971 (Holmes st. Widening) REPORT RE AIRWAY BLVD. INDUSTRIAL LEASE REPORT RE DIRECTLY ELECTED MAYOR Mayor Taylor asked for a vote on the motion of Councilman Silva to adopt the recommendation for unequal widening, and the motion passed with a 3-2 vote with Councilmen Beebe and Miller opposed. * * * The Mayor asked for the report from the City Mana- ger regarding the lease of property at Airway Blvd., in which the lease requires that a second industrial structure be erected within eighteen months, to which the lending institution is in opposition. The City Manager stated that regrettably the report will have to be postponed. * * * ~he Mayor asked if there is any discussion as to the report regarding directly elected mayors in the State and the statutes involved. Councilman Pritchard stated that he felt it was up to the community to decide whether or not a mayor should be directly elected. Councilman Silva felt that most people would want to vote for a mayor directly, but they should know all the facts and probably would not bother with reading material on the subject, such as the report the Councilmen received, and stated that the Council should make the decision. Councilman Miller wanted to know what all the advantages and disad- vantages of a directly elected mayor are, and what advantage it would be to the people to have a direct vote. He also pointed out that the procedure for a directly elected mayor could not be reversed if it did not work out favorably, to which the City Attorney agreed, as far as to say that there is no law that covers the problem at this time; there has not been a case on it as yet, but Councilman Miller's observation is probably correct. Mayor Taylor stated that with the present system, it places an ob- ligation on the Mayor to conduct Council meetings fairly, and to represent the citizens to their best interest, or the Council will remove him and get another spokesman. On the other hand, an elected Mayor could conduct business as he pleases with no particular regard to the Council and their wishes or to the people. It is a matter of debate; however, the majority of the Council is more or less representing the City. Councilman Silva stated that having been a mayor, he found it to be a very time consuming job. Probably the only advantage to hav- ing an elected mayor, would be that if there was a substantial salary involved whereby he could devote the major portion of his time to City business, that would be fine. Councilman Miller agreed and stated the point that was made in favor of an elected mayor is that you would get a qualified man who would be willing to take the job, but you would have to pay him a high salary if you want the job done right, because if you do not pay a man to do the work full time, you will essentially have a part time mayor which is no different from the system we now have. To get someone to spend a fair amount of time as a part time mayor, without appropriate compensation, you will have restricted the job to a special class of people as it would exclude those who work for salaries, as they could not devote the necessary time to the job. Councilman Beebe felt that the situation was magnified by Council- man Miller as it is known that the mayor now puts in more time than CM-24-430 November 22~ 1971 (Directly Elected Mayor) the Councilmen for various functions, and he gives this time. The only difference would be that an elected mayor, according to the feel- ing of the people, would be that he would have more say. He felt an elected mayor could serve the needs of the City in the same way as our present mayor, as he did not think there would be any more work. Councilman Pritchard stated-the question was not whether or not the mayor would be full or part time~ but whether or not the people shall elect a mayor. Councilman Pritchard made a motion to submit the question of an elected mayor to the electorate at the next general municipal election and that the ballot shall read essentially as the word- ing in the provision of paragraph 34901 of the Government Code; motion was seconded by Councilman Beebe. Councilman Silva made a motion to table, seconded by Councilman Miller, and passed by the following vote: AYES: NOES: Councilmen Silva, Miller and Mayor Taylor Councilmen Pritchard and Beebe Councilman Pritchard stated his feeling that the Councilmen who favored the motion were running contrary to the will of the people. Councilman Pritchard made a motion to remove the motion from the table~ seconded by Councilman Beebe~ however the motion failed 3-2. * * * Councilman Pritchard made a motion~ during the above discussion, that the meeting adjourn at midnight~ seconded by Councilman Silva, and it passed 4-1 with Councilman Miller dissenting by stating they should stay until their business * * * AFTER A SHORT RECESS THE MEETING RESUMED WITH ALL COUNCILMEN PRESENT. * * * MOTION FOR ADJOURNMENT reached completion. RECESS Delinquencies have accrued for the payment of assessments against properties in certain parts of the Springtown and Greenville North sectors for indebtedness in these two separate districts. The amount of the delinquency for the Northern Sanitary Sewer District is $131~993 and for the Northern Water District $33,453. Unless payment is received~ foreclosure proceedings can be en- acted against subject properties. Our bond counsel in this matter has recommended that foreclosure proceedings be undertaken by the City to recover these delinquencies~ however~ this action should be preceded by a final notice sent to each of the owners of this intent, requesting voluntary payment of the delinquent amounts within 30 days. For those properties that have not satisfied their debt it is recommended that the Council authorize foreclosure pro- ceedings and that private counsel be retained for this purpose, the cost of which can be assigned to the subject property owners. REPORT RE FORE- CLOSURE PROCEEDINGS (Northern Sanitary Sewer District and Northern Water District) The City Attorney stated that even though it was felt this was substantially cleared some time ago~ it is again a pressing matter, and it is recommended that the Council authorize the notices as requested and then to immediately proceed with the foreclosures. If thirty days notice is given, thereafter with employment of CM-24-431 November 22, 1971 (Foreclosure Proceedings) counsel, he would expect proceedings to be com- menced in Superior Court to foreclose on all the delinquent properties and that such action be moved as fast as possible. It is hoped that if the Council authorizes the action, the people will take the first notice seriously as there would not be extensions of time given. Councilman Miller moved to adopt the recommendation of the staff, seconded by Councilman Beebe, and approved unanimously. REPORT RE CUP FEES * * * A report was submitted by the Planning Director regarding the revised fee for a Conditional Use Permit in which he advised that although the $200 fee for an initial application appears to be ap- propriate, the costs for a CUP renewal were much less and, there- fore, he recommended that this fee be set at $100. A motion was made by Councilman Silva, seconded by Councilman Miller, to accept the staff recommendation for an amendment of the fee and to prepare an ordinance. SUMMARY OF ACTION PLANNING COMMISSION ORDINANCE RE USE OF WATER AND ISSUANCE OF BLDG PERMITS AYES: NOES: * * * A summary of action taken at the Planning Commis- sion meeting of November 16 was acknowledged. * * * Councilman Miller stated that the ordinance regu- lating the use of water and the issuance of build- ing permits and the letter from the School Board were related and suggested that the letter be dis- cussed first, and made a motion to this effect, seconded by Mayor Taylor, however the motion failed by the following vote: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Mayor Taylor explained that the ordinance had been discussed at the previous meeting but after several attempts to amend failed, the meeting had adjourned without action taken. He stated that there had been lengthy discussion on the subject of building per- mits and would hope that there would not be too much repeat dis- cussion and arguments, and asked before discussion commenced if there were any motions from the floor. Councilman Silva stated that he would like to mention one of Coun- cilman Pritchard's proposals, but he did not wish to make a motion. He stated that he felt Councilman Pritchard's motion to insert a provision in the ordinance that would require a limitation of 800 building permits at the rate of 100 per month, and not to apply to persons who had less than 5 lots, was a fine and logical solu- tion to the issuance of permits. Councilman Silva made a motion to reintroduce the ordinance, deleting the number of permits issued and listing lots only, and with a few other minor changes. Councilman Pritchard asked if there was a way the Council could differentiate between single family and multiple permits issued, to which the City Attorney stated that one permit is issued per building, not per unit, and to this Councilman Pritchard related that it might be best if the restrictions were set up to incorpor- ate units rather than individual buildings. The City Manager felt that to keep track of units, or limit the building of units, would not be practical because the problem CM-24-432 November 22, 1971 would snowball. At the beginning of the second quarter people would be standing in line to re- ceive permits that they could not obtain during the first quarter because of the limitation, and on and on. He felt the allotment system would serve no real purpose. (Ordinance re Use of Water and Issuance of Bldg. Permits) Councilman Silva suggested that a report be received each month in order to evaluate whether a problem is being created, and then adopt a freeze if necessary, during the summer months when there may be a water shortage; if no problem is apparent, they will wait for a report for the next month and evaluate the situation for that period. At this time Councilman Pritchard seconded the motion made by Coun- cilman Silva, stating that he agreed that maybe a monthly review, in regard to Zone 7, might be the right step to avoid a complete cutoff. Councilman Miller stated that it was already too late, and that there is going to be water rationing this summer. They have al- ready received reports indicating that there are too many homes, and to continue issuing building permits would be wrong. The problem is already in existence with the number of permits issued. Mr. Leonard suggested that if the water crisis develops that (1) the present filtering system can be improved to generate more water use for a moderate cost (paid for through connection fees); (2) Mr. Elliott will grant the use of a well that is now under test and the quality of the water is pure, to the City at no cost. He feels that there is water available and requested the Council to consider that it would be logical and fair to amend the ordi- nance to include tentative maps already approved, and that in fact, it would be more economical to the City to de-aerate water. Jim Day, 745 Cardinal Drive, asked that the Council evaluate what Mr. Leonard had said in regard to the economics involved, as it might be erroneous. Mr. Luther Curry, from the Carpenters Union in Hayward, stated that he feels the public has not been honestly informed as to what the problem really is. He stated the public feels there is a shortage of water, but in essence, the problem is really the facil- ities to get the water to Livermore. He feels that a building freeze will have a large impact on the City and that it is up to the Council to avoid creating the problem. He feels that if the public is properly informed that they will support any bond to correct the problem and that he is sure organized labor would support a water bond also, to keep industry moving. Paul Shelton, representing the Carpenters Union in Hayward and the Executive Board of Building Trades of Alameda County, stated that they would like to offer their help to the Valley, and he wanted to mention that there are 2,000 workers in the Valley who would be affected if a freeze were imposed, and the amount of money lost would be $600,000 a week; therefore, this would be very damag- ing to the economy of the City and the Valley. He included Plea- santon and Dublin as part of the water crisis area. Councilman Miller commented that if there is no rationing on build- ing permits that the Council is acting irresponsibly to the majority of the citizens involved. The City Manager asked that the motion be clarified - lots of record will be allowed permits for residential building as of November 8. The Mayor asked for a roll call vote, and the motion failed by the following: AYES: Councilmen Pritchard and Silva NOES: Councilmen Beebe, Miller and Mayor Taylor CM-24-433 November 22, 1971 ORDINANCE RE Z.O. AMENDMENT (Future Width Lines-Special Bldg. Lines) ORDINANCE NO. 763 AN ORDINANCE AMENDING SUBSECTION 20.71, RELATING TO FUTURE WIDTH LINES, AND SUBSECTION 20.72, RELATING TO SPECIAL BUILDING LINES, OF SECTION 20.00, RELAT- ING TO GENERAL PROVISIONS, OF ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE. On motion of Councilman Pritchard, seconded by Councilman Beebe, the second reading of the ordinance was waived, and by the follow- ing called vote, the above ordinance was passed: AYES: NOES: Councilmen Beebe, Pritchard, Silva, Miller and Mayor Taylor None * * * PROPOSED ORDINANCE AMENDMENT (RS District, Sec. 31. 00) Mayor Taylor asked for a motion regarding Zoning Ordinance amendment re RS District and other related sections, and Councilman Pritchard moved to waive the first reading, except by title only, and intro- duce the ordinance, seconded by Councilman Beebe. Councilman Silva stated that he would like to move an amendment to the proposed ordinance to increase front yard setbacks from 15 feet to 20 feet, seconded by Councilman Miller. Mayor Taylor stated that the intent is to impose new minimums on lots that have not been created in the past, and for the ordinance to pertain to new lots, not to affect lots already recorded. The motion to amend received a unanimous vote. Councilman Silva made a motion to amend the ordinance to allow split level or 2-story homes in Rs-4 Zones, 50% or 1/2 of the se- cond floor, square footage for expansion on the lot. Councilman Beebe stated that he would second the motion for discussion only. He questioned the fact that a tract might become a monotonous single story tract if footage is not given to split level of 2-story homes, because the lots would not be big enough to accommodate larger homes. He was advised that the size of the lots is set up now to include a small house or a split level or two story, for the standard subdivision lots. Masud Mehran addressed the Council, stating that he felt the or- dinance should be amended to increase the size of the lot coverage from 25% to 30% in Rs-4 only. He stated that by approving smaller lots the City is influencing the builder to build the smaller homes which give the City less tax revenue, and bring lower income families into the area. Clarence Hoenig, 588 Tyler Avenue, stated he had lived on a 60 ft. x 100 ft. lot with a small house and that as his family in- creased he had to move because he was not allowed to build a larger house on the lot, and he feels that the 35% expansion pro- vision of the ordinance is wonderful in that it allows one to stay in the neighborhood of his choice and build on to his house, rather than move because a larger house is necessary. Mr. Hoenig stated he would like the Council to retain the 25% developable floor area (35%) after two years from date of final inspection, in order to preserve a stable neighborhood. Councilman Miller stated you cannot get a modest cost house~~ -a-laIgel lot; that tiLe CO.!lt i.!l too gIeat for tLe_p'e:r1'1011 ~!LO ca1d ) 0111;)' affold a lJ1ode.!lt CO.!lt L011'le~~<,<.-,~%~~&~~~ti' ! ~h~-d.jev~.~~)~~~'~~b Counci~an Silva made a motion to amend the ordinance to read t1rat . there will be no more than 50% of the homes built as two-story, in a subdivision, but the motion died for lack of a second. CM-24-434 The Mayor asked for a roll call vote to the amendment - Rs-4 Zone allowing two-story or split-level 50% of the second floor square footage for development, however the motion failed 3-2: November 22, 1971 (Proposed Ordinance re RS District) AYES: NOES: Councilmen Beebe and Silva Councilmen Pritchard, Miller and Mayor Taylor The Mayor asked for a roll call vote to the main motion regarding introduction of the ordinance with the amendment to increase front yard setbacks to 20 feet, and the motion passed 4-2 with Council- man Silva dissenting. * * * A motion was made by Mayor Taylor to continue the meeting for fifteen minutes in order that a citizen might be heard; he had appeared for the open forum and waited to speak on an item that had been removed from the Consent Calendar. The motion was seconded by Councilman Miller, but received a negative vote from the other Councilmen. MOTION TO CONTINUE MEETING Councilman Silva made the motion that the meeting be continued for five minutes, seconded by Councilman Beebe, and received a unanimous vote. Mr. James Day thanked the Council and left the meeting without addressing them on any subject. * * * The City Manager asked that the Council author- ize $1800 in the Police Department budget for law enforcement investigation purposes. A mo- tion was made by Councilman Pritchard seconded by Councilman Miller, and approved unanimously, to accept the City Manager's recommendation. * * * The City Manager asked that three Councilmen meet at noon, Monday, November 29, to adopt the annexation ordinance since time is im- portant in this case so that the matter may be processed to completion prior to December 31. * * * There being no further business, the Council adjourned until noon, Monday, November 29, 1971, at City Hall. * [:.~ ~* rrayo 'l. . I' /7 \~~ /l Y Clerk e~ore, California APPROVE ~~ ATTEST MATTERS INITIATED BY STAFF (Police Dept. Budget) (Ordinance re Industrial Annex No.6) ADJOURNMENT CM-24-435 Adjourned Regular Meeting of November 29, 1971 An adjourned regular meeting of the City Council was held on November 29, 1971, in the City Hall, 2250 First Street. The meeting was called to order at 12:05 p.m. * * * RO LL CALL PRESENT: Councilmen Beebe, Pritchard, Miller and Mayor Taylor ABSENT: Councilman Silva * * * ORDINANCE RE INDUSTRIAL ANNEX NO. 6 The Council discussed the proposed annexation, and the possibility of its development in the future as a residential area, in which case no annexation fees would be collectible since annex- ation agreements have not been signed. At the close of the discussion, on motion of Councilman Beebe, seconded by Councilman Miller, the ordinance was adopted by unanimous vote (Councilman Silva absent). ORDINANCE NO. 764 AN ORDINANCE APPROVING ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "INDUSTRIAL ANNEX No.6" TO THE CITY OF LIVERMORE. As a result of the discussion regarding annexation fees, it was decided to request the staff to attempt, in the future, to obtain annexation agreements regardless of the uses proposed or plan pre- sented at the time annexation is requested. * * * SALLY, PROPERTY SALE The City Manager reported that the Sally property was to be sold on November 30, and it was the final consensus that there were too many unknown factors present about which the Council had no knowledge; therefore, no attempt would be made to purchase any of the property. * * * AIRWAY BLVD. Mayor Taylor expressed concern regarding the possible flooding of Airway Blvd. during times of storm and the recently opened overpass which uses Airway Blvd. for access to our City. The City Manager stated that a report on this matter would be forthcoming shortly, and no further action was taken. * * * ADJOURNMENT There being no further business, the meeting then adjourned at 12:55 p.m. APPROVE ATTEST CM-24-436 Regular Meeting of December 6, 1971 A regular meeting of the City Council was held on December 6, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presiding. * * * PRESENT: Councilmen Beebe, Silva, Miller and Mayor Taylor ABSENT: Councilman Pritchard (seated later) * * * The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * On motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote, the minutes of the meeting of November 15, were approved as submitted and the minutes of the meeting of November 22 as amended. * * * The Mayor invited anyone in the audience to speak on any matter not on the agenda, however there were no comments voiced. * * * CONSENT CALENDAR ROLL CALL PLEDGE OF ALLEGIANCE MINUTES OPEN FORUM A report was submitted by the City Manager with regard to the environmental impact of a rapid transit corridor and freeway joint use along the present approximate routing of US 580 and Rte 238 (Castro Valley to US 680). It is re- commended that a motion be made referring consideration of this matter to the Valley Planning Committee with a request that the group compose a recommended position. * * * Report re State Environmental Statement re US 580 A communication was received from the Mayer De- velopment Company regarding a mobile home park south of Las Positas Road. It is recommended that a motion be adopted informing the applicant that such a disclosure on land use, officially, must await a usual formal planning application and hearings. However, since this proposed use is contrary to the General Plan, approval for a mobile home park seems unlikely. * * * A memorandum was received from the Chief Build- ing Inspector indicating the total number of residential units permitted November 19 through November 24, 1971. * * * The minutes of the meeting of the Beautifica- tion Committee meeting of November 2, 1971 were acknowledged. * * * Communication re Mobile Home Park Development Report re Residen- tial Bldg. Permits Minutes-Beautifica- tion Committee CM-24-437 December 6, 1971 Approval of Consent Calendar On motion of Councilman Miller, seconded by Coun- cilman Beebe, and by unanimous vote, the items on the Consent Calendar were approved. * * * REPORT FROM SCHOOL DISTRICT (Moratorium) A letter was received from the School District, forecasting enrollment. The letter stated that the schools cannot house more than 14,000 children and they will reach that quota by the fall of 1972 inasmuch as they need only 873 more children to enroll to reach this figure. The Mayor stated, in summarizing, that the School District is asking the Council to consider the adverse effects to our educational sys- tem by approving tentative tract maps and issuing building permits for tracts already approved. The City Attorney summarized his written letter to the Council and related that where the public's health, safety and welfare are threatened the police power can be exercised to provide adequate protection. However, he felt that it would be difficult to con- vince the courts that the children in Livermore are not receiving as good an education as other school districts, by comparison. In conclusion, he stated that it is a factual matter for the Council to decide whether or not police power should be exercised and whether evidence should be submitted to the court. It was his opinion that the limitation of building permits is not a reasonable way to solve the school problem. Councilman Silva stated that he felt the subject was very important and that the letter received from the City Attorney was very good and it should be read to those present in the audience, and made available to anyone wishing to read it. Mayor Taylor read the letter, dated December 2, 1971, submitted by the City Attorney, and stated that copies would be available to anyone who would like to go over the letter. Mayor Silva made a motion to send a copy of the letter to the School District, seconded by Councilman Beebe, which after considerable discussion was considered as a directive to the staff. Councilman Miller stated that the Council has, in the past, asked the School District to propose something specific to support a building moratorium and that the Council now has some grounds for a court case, even though it may not be exactly what the Council would like for a case. Their figures support grounds for a case - 14,000 pupil enrollment will exhaust the planned additions and money for classroom space. He also mentioned that there have been many building permits issued this year, twice as many as last year, and the structures are not yet occupied or completed in construction, and as of December 3, the number of permits that are out (not yet started, just started, or completed but not occupied) amount to 282 multiples, 663 single family, and 45 more building permits are in the mill. By computing the 1.1 student per residential unit, the City will have 217 students in excess of the space available at that time, and if the Council stops issuing permits tonight, 14 classes will be on double sessions; if they do not stop issuance of permits now, there will be an enormous amount of classes on double session. Some consideration should be made despite the letter from the City Attorney. Councilman Miller stated, in his opinion, it is worth taking the risk to protect the public by tak- ing the matter to the courts, letting them decide what is legal. If the Council does nothing they are perpetuating the problem of overcrowding. He felt that the public has the right to protect their children's educational future and that they are tired of over- crowded schools as well as the other problems of Livermore. CM-24-438 December 6, 1971 The Mayor commented that he had received reports (School District re indicating that with the lots that have been Moratorium) approved for classrooms and the portables being use, the District will be 15 classrooms short in the fall of 1972, which would mean 30 double sessions, for 450 pupils, and even though his figures did not agree precisely with what Councilman Miller had reported, Livermore will still be about one school short of student space needed. Walter Griffith, 1650 Elm Street, stated that the citizens are feeling the strains of the building boom which is causing increased demands on sewage facilities, water supplies, and the school system as well as creating higher taxes, and smog problems. He feels that the Council, the citizens of Livermore, neighboring cities, the developers, and the County and State Governments have to co- operate to solve these problems. He would like to see regulated growth to curb the crowded school conditions, and would like to see the District self-supporting as the sewer connection and water connection fees have enabled these two facilities to be. Clarence Hoenig, 588 Tyler, commented that he is sure the School Board understands the Council's directive regarding new tract maps. He stated that the Board has consulted with attorneys on this matter and it is their understanding the courts will decide in favor of what the elected officials deem as good for the District. He felt that to compare Livermore's school system with medium standard schools is not necessary - Livermore can maintain higher standards and it is up to the people to decide what these standards will be. He stated that this issue has become a political football tossed between the Council and the School Board, and the citizens are not going to tolerate it much longer. He asked that the Council consider taking the risk, as Councibnan Miller stated, and resolve this problem. Jim Day, 745 Cardinal Drive, stated that he had served on the School Board and was in agreement with remarks made by Mr. Hoenig. He added that he felt Mayor Taylor's analysis was incorrect and that the City is in trouble long before the lots of record are counted. William Leonard, representing the Associated Home Builders of Greater East Bay, stated that the 1.1 factor varies, depending on the type of building being constructed and that an adequate determination of the facts should be evaluated. Education is of statewide concern, regardless of a localcommunity's wishes and that the door cannot be closed to others in terms of educa- tional system. He stated that the builders would like to work out some long range solutions with the City and mentioned that portables could be leased for $30,000 a year that would house 450 students, and with a budget of $12 million, this type of solution might be feasible. He also commented that he is in favor of the motion to send a copy of the City Attorney's letter to the School Board. Everett Martin, 1122 Innsbruck, stated that his son is on double sessions and that he would like to have less children in his crowded school and would like to be able to go to school for a full day. Mr. Martin asked the Council if they are willing to do something for his son and his education. Margaret Tracy, 1262 Madison, asked why the builders do not vol- untarily provide the buildings for the children to go to school as is done in San Diego, which would permit a full days attendance rather than the double sessions. Councilman Beebe stated there is no reason why Livermore cannot adopt the same policy; Sacramento is using that same method for housing students, because it was faced with the same problems as Livermore and San Diego. CM-24-439 December 6, 1971 (School District re Moratorium) Don England, 408 Olivina Avenue, asked why indus- try is not permitted to build in Livermore to help pay taxes for schools and water. The Mayor stated, on behalf of the Council, that the Council has tried to encourage industry to come to Livermore, but for various reasons industry chooses other areas. He mentioned that Sears has purchased a 150-acre tract to build on, and they also have an application for an industrial park near the airport. The Mayor agreed that industry would help pay taxes for schools and is in hopes with these new possibilities, the City is on the way toward getting some of these companies to build in Livermore. Councilman Miller stated that no matter what differences of opinion the Council may have on other issues, they are unanimous in agree- ing that the City needs some way of expanding its tax base and they have tried their best to acquire industry for the City. He mentioned that water rationing will not aid in getting industry to come to Livermore because it is a PUC directive that residential uses obtain water before any other kind. Councilman Beebe thought perhaps the Council should initiate a meeting with the School District and Associated Builders in an attempt to arrive at a solution regarding the school housing. Councilman Silva asked Mr. Day exactly how much actual classroom time is lost by double sessions, and Mr. Day replied that there are many factors involved, and that the time could vary from 15 minutes to one hour per day; however Councilman Miller stated his daughter lost one day a week. James Tracy, 1262 Madison Avenue, stated it was not only the class- room time lost, but also when the children go later in the day, they are more tired and do not learn as well; teachers favor hav- ing the slower learners start earlier in the morning. Mr. Tracy also spoke of the busing in the school district in attempting to average out class size to the maximum allowable. He felt that although double sessions may not affect a child's health now, it does affect their welfare in the amount of learning and his future earning power, which would later affect his health, and the health and welfare of the community. Mrs. Smedeberg, 555 Teal Court, stated it was her understanding there has been some discussion of placing the school system on a twelve month basis, and Councilman Beebe advised her that this has been under consideration since September, and it was his understanding that the School District intended to put at least one of the schools on the 12-month system next summer, and later possibly expand to more schools. Mayor Taylor stated that the School Board has considered this for some time, but it takes special permission from the State to com- mence the program, and asked Mr. Day if he knew more about the sit- uation, to which Mr. Day replied it is intended that Rincon School will be the target school for opening next fall on the 12-month basis, and a committee is investigating the problems and financing issue. Mr. Day stated that since he had been on the Board at the time of most of the discussions, he would like to review for the Council what double sessions mean to the district and what solutions have been considered. He stated that for every 500 homes that bring children into the community, it will take about $16 million worth of market valued industry to produce a school for that, and the Council should keep this in mind. There are double sessions only at the elementary school levels; there are other problems at the high school level, as they cannot be termed double sessions, but there is overcrowding. Double sessions reduce a student's ed- ucation time, cause discrimination in the assignments of optimum learning time, administrative work load, upset the community balance, CM-24-440 unbalance teacher loads; there is the problem of bussing and complicated transportation pro- blems; it disrupts the family life, and affects other agencies of government; overloads existing structures with regard to health facilities. December 6, 1971 (School District re Moratorium) Mr. Day stated there are short term solutions such as maximum utilization of the existing facilities by using multi-purpose, music and special rooms, etc.; differentiated class sizes, use of summer as full school time, larger class size across the board with the forfeit of a bonus, so-called bonus apportionment; you can lease and rent facilities which the District is doing; you can use donated or lease rented housing type structures, which they have investigated and found to be unfeasible as it is diffi- cult to get approval from the State; they can purchase portables; require builders to build schools and homes which they did and had no response; by gifts and requests they can have people donate buildings to the District. The long term solution would be to have legislation enacted to modify the state's school building aid laws; limit the growth rate and population density by local ordinance or zoning restriction, both at the city and county level; and the third thing would be positive consideration in increase of assessed valuation without adding students. The District has investigated all of these possibilities; they have all been effected or in the process or have been termed to be not valid for the community. Councilman Miller introduced an urgency ordinance to halt the issuance of building permits until the present outstanding per- mits are complete~ew space becomes available in schools above existing permits ~ new permits may be issued not to exceed the ava~lable space basea on 1.1 children per dwell;j,ng unit. The motlon was seconded by Mayor Taylor. ~'~~ . Councilman Miller felt it would do no gOO~ have a joint meeting with the developers and the School District, and that a building freeze should be first introduced, then perhaps later something could be worked out; he was not opposed to the meeting with the District and the developers, but from past experience it has been a waste of time. Mayor Taylor stated he was more hopeful with regard to the response from the developers as they had responded wholeheartedly with re- gard to the water situation, and he would like to hold meetings with them. Mayor Taylor stated this is an extremely serious matter, more so than the water issue in many ways, and something must be done, and regardless of the outcome of the motion, he suggested a meeting with the representatives of the building industry this week. Councilman Beebe proposed an amendment to the motion by having the Mayor appoint a committee of the City staff and to ask the School District and builders to participate, and suspend the effective date of the proposed ordinance for thirty days, however the motion failed for lack of a second. Councilman Silva felt that a moratorium on building permits would cause litigation, and asked the City Attorney about the cost, and time involved. Mr. Lewis, based on presumptions, explained the procedure which would possibly be taken by the courts, making the costs approxi- mately $5000to $7000, if there is an appeal. Mayor Taylor explained that it would take a four-fifths vote for an urgency ordinance to be adopted. Councilman Silva stated if the motion passes, and they are success- ful in their negotiations for temporary school housing, it will remain as such for the next ten or twenty years, however Mayor Taylor felt there were other means of providing schools. CM-24-441 December 6, 1971 (School Dis- trict re Moratorium) Councilman Silva felt he must go along with the City Attorney's opinion regarding building per- mits, and Mayor Taylor agreed, but he felt our situation was quite desperate. Mr. Lewis stated it was clear his examination of those factors which might be influential to a court, is a matter of opinion; he did not wish to say there were not arguments in favor of this. It is possible that the courts might agree that the Council has a very valid argument in favor of stopping permits, and may up- hold it, but felt the chances were against that. The Mayor suggested that someone consider the amendment offered by Councilman Beebe, however Councilman Miller felt that to post- pone for thirty days would only compound the problem, and asked for a roll call vote first. He felt we stand a better chance on this type of issue on appeal rather than in the lower courts, and that it was worth the risk as it is based on police powers. He did not feel that the freeze would have any bearing on whether or not an industry would locate in Livermore. The motion failed to pass by the following called vote: AYES: Councilman Miller and Mayor Taylor NOES: Councilmen Beebe and Silva ABSENT: Councilman Pritchard Councilman Miller introduced the same motion, but not as an ur- gency ordinance; motion was seconded by Mayor Taylor. The intent of the ordinance was discussed and it was determined that when the problem becomes mitigated that affirmative action will be taken by the Council to appeal the ordinance, which is the case of the water ordinance. The motion failed to pass by the following called vote: AYES: Councilman Miller and Mayor Taylor NOES: Councilmen Beebe and Silva ABSENT: Councilman Pritchard Councilman Beebe then made a motion to immediately set up a com- mittee and within 30 days consider adoption of an ordinance again; Councilman Miller seconded the motion, but commented that it was futile to get a resolution in thirty days, but anything they try is helpful. The motion passed unanimously. * * * RECESS AFTER A FIVE MINUTE RECESS THE MEETING RESUMED WITH ALL PRESENT WITH THE EXCEPTION OF COUNCILMAN PRITCHARD. * * * The Mayor asked the Public Works Director to give a brief review of the property in question. Mr. Lee stated that the Hagemann property is located at the west end of Olivina Avenue and on this pro- perty there are from seven to nine trees interfer- ing with the widening of Olivina Avenue. The staff had concluded that the trees were from 20-35 years old, but the owner has had a study made on the trees and has found that they are much older - somewhere in the area of 100 years old. Mr. Lee made the suggestion that there be an island around the trees with one lane of traffic going in one direction, and the other lane going the opposite direction; if this is done the street will be 14 feet closer to the Hagemann house and it will result in the re- moval of one building on the property. An alternate plan would be to leave Olivina narrower at that point, and not widen it at all. Also a design could restrict parking and place the bike lane through the trees and the sidewalk on the top of the bank. WIDENING OLIVINA AVE. (Hagemann Property) CM-24-442 Mayor Taylor stated that to let the street re- main narrow would be a great hazard and that motorists would drive too fast through a re- stricted area. December 6, 1971 (Widening of Olivina Avenue) Mr. Parness stated that the applicant, Mr. Hagemann, had not seen or heard the alternative, and he would like to have his opinion. Burke Critchfield, attorney representing the applicant, stated they had not had a chance to review the alternatives or discuss them with the staff and they would like to have time to make a decision, and asked that comments be withheld at this time. The attorney stated that at the time the property was sold the tract map showed a jog in Olivina and upon expiration of that map, another was submitted, and that job was taken out. The jog was to permit a sidewalk to remain outside of the trees, and this was what the Hagemanns had anticipated. The attorney recommended continuance of the matter. Councilman Beebe moved for continuance of thirty days, seconded by Councilman Silva and received a unanimous response. * * * The property under discussion is located at the intersection of Isabel Avenue and U.S.5S0, composed of approximately 35 acres, and the owners wish to put in full public works im- provements but would like the Council to ap- prove their request for the utilization of assessment district means of financing for these public works improvements. REPORT RE INDUSTRIAL SUBDIVISION IMPROVE- MENTS FINANCING (Isabel Ave. & U.S. 580 Area) Councilman Beebe made a motion to approve the use of either of the two Acts (19ll or 19l5) for the purpose of public works im- provements, seconded by Councilman Silva, and passed with a unan- imous vote. * * * The Mayor stated that the Council had received a report from the Livermore Community Recycl- ing Center - that they are contemplating build- ing a can crusher but have no place to store it nor power to run it. It is the staff recommendation for the City to purchase a steel shed at the expense of approximately $275 and approve provision of electric power. REPORT RE RECYCLING CENTER Councilman Beebe moved to accept the staff recommendation to pur- chase a shed for the Center and to provide electric power, seconded by Councilman Miller and voted upon unanimously. * * * The Mayor reported that a communication was re- ceived from LARPD, requesting that the Council institute a positive requirement that would provide for initial development of park land, and also requested a joint meeting and study session with the Council. COMMUNICATION RE PARK LAND DEVELOP- MENT (LARPD) Councilman Silva stated that if the City is to obtain park land and the development fees, possibly, they should develop the park rather than refer it to the Park District, and he would like some discussion on the matter prior to the meeting with the Park District. Councilman Silva stated that land is dedicated to the City which, in turn, is given to the Park District to maintain and operate. CM-24-443 December 6, 1971 (Park Land Development) If the City manages the park land, taxes will have to be raised to operate under the same budget that the Park District utilizes because the Park District operates on a 50i budget. Councilman Miller stated that it might be advantageous to work out a reasonable contract with the LARPD for handling park re- quirements. Mayor Taylor mentioned that he has no complaints with the way the Park District has handled the development and operation of the parks we now have. He asked that a date be suggested to meet with the Park District for discussion. It was tentatively decided to meet with the Park District on Wednesday, January 19. APPEAL RE VARIANCE (2152 Second Street) * * * The Planning Director reported that an application had been received from Associated Professions, Inc. (Earl Ising, applicant) to permit the construction of a building without required parking at 2152 Se- cond Street. The applicant is asking for a variance to the requirement for offstreet parking to develop the rear portion of the lot; access to the lot is through a 5-foot strip, which is not satisfactory to allow vehicular access. The staff felt that some offstreet parking could be worked out to aid development of the property by provision of an easement or some other method. The Planning Commission has denied the variance pe- tition. Councilman Silva stated that he would like to abstain as the appli- cant is a customer of his. The Mayor stated that in summarizing, the applicant must provide an easement or some way to get to the parking area, work out park- ing facilities with adjoining property owners, or provide parking in another area to the extent of 600 square feet, and that the Planning Commission has denied the variance petition. Councilman Miller moved to support the recommendation of the Plan- ning Commission for denial of the variance petition, seconded by Mayor Taylor, and passed with the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilman Miller, Mayor Taylor Councilman Beebe Councilman Pritchard Councilman Silva Randall Schlientz, Architect for Associated Professions, Inc., stated that this particular development is unique in that the area is not accessible, that it is landlocked and that the development of the property is not going to present a great burden to the parking availability in this area. He felt that it would not be a very large variance for the Council to accept as it would only be for three or four parking spaces. Mayor Taylor stated that three or four parking spaces sound small, but there are already parking problems in this area; some of the owners have asked that the one-hour parking limit be enforced. * * * COUNCILMAN PRITCHARD WAS SEATED AT THIS TIME CITY COUNCIL REFERRAL RE SIGNS CM-24-444 * * * A report has been received from the Planning De- partment regarding freestanding signs and those which are freeway oriented. This proposed ordinance change was the subject of a public hearing before both bodies and referred back to the Planning Commission at the close of the Council's hear- ing for their comment to the Council's decision as follows: December 6, 1971 (City Council Referral re Signs) 64 sq. ft. at less than 50 ft., with no minimum floor area 175 sq. ft. at 50 ft. to 500 ft. with 25,000 sq. ft. floor area The Planning Director reported that the Planning Commission feels that the ordinance should be upheld in its present form and that if the Council does proceed with an amendment that a more gradual scale be provided. Mr. Musso stated that they could probably come up with suggestions for a scale and was so directed. Councilman Beebe made a motion that the staff be instructed to draw up an ordinance based on the amendment that he formerly pro- posed, j..e. 64 sq. ft. up to 50 ft. from the edge of the freeway; 50 ft. and over, 175 sq. ft for a 50,000 sq. ft. building. Mayor Taylor made a motion to amend the 175 sq. ft. for a 50,000 sq. ft. building, to 120 sq. ft., seconded by Councilman Miller. Councilman Miller suggested that Councilman Beebe's alternative and Mayor Taylor's proposed amendment, and Councilman Silva's alternative be drafted in the form of an ordinance for review and comparison. This was agreed upon and the matter continued until next meeting. Councilman Miller pointed out that the Planning Comission is unan- imously on record to have the ordinance left as is. He felt if the ordinance is changed they may be taking a backward step. * * * At the meeting of October 26, a public hearing was held on the proposed rezoning of the area adjacent to Hosker Lane, north of First Street. This matter was concluded with the decision to rezone the property to RS-5 District, which was contrary to that recommended by the Planning Commission; therefore, the matter was referred back to the Commission for review and report. PROPOSED REZONING RE HO SKER LANE Councilman Miller and Mayor Taylor both stated their conflict of interest on this matter and abstained from discussion and vote, and Vice Mayor Pritchard took the chair. Mr. Musso explained that the Planning Commission considered the referral and reaffirmed their original recommendation for RS-2 zoning. Councilman Beebe made a motion to rezone the property from RL-6 to RS-5, introduce the ordinance, and read it by title only; motion was seconded by Councilman Silva, and by the following vote, the ordinance was introduced: AYES: Councilmen Beebe, Pritchard and Silva NOES: None ABSTAIN: Councilman Miller and Mayor Taylor * * * A rezoning application was submitted by Bess M. Oyler, for the property located at 433 Junction Avenue from RL-5-0 to RM District. A rezoning application was submitted by Assoc~- ated Professions, Inc. for the property located at Portola Avenue and First Street from Rs-4 to CN, RG-16 and E Districts. REZONING APPLICATIONS (433 Junction Ave.) (Portola & First St:.) On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, both matters were set for hearing on Jan. 3. CM-24-44S December 6, 1971 PLANNING COMMISSION MINUTES Minutes of the Planning Commission meetings of November 2 and 16, 1971 were noted for filing. * * * A hearing is to be held on December 13 by the special committee of ABAG to consider reactions from different sources on their current regional airport study (RASS Program) and particularly to solicit the view of interested local jurisdictions. An official position statement has been drafted for our City and reviewed by our Airport Advisory Committee. It is recommended that this statement be approved for delivery to the forthcoming ABAG hearing. REPORT RE ABAG HEARING (Airport Study) On motion of Councilman Miller, seconded by Councilman Silva, and by unanimous vote, the recommendation was approved. * * * REPORT RE CAPITAL IM- PROVEMENT BUDGET The budget document has been compiled and is ready for an early study session meeting of the Council and staff to review its contents. The study ses- sion meeting was set for 6:30 p.m., December 16, at the fire station. * * * PROPOSED ORDINANCE RE REGULATION OF WATER & ISSUANCE OF BLDG. PERMITS The second reading of the ordinance regulating the use of water and issuance of building per- mits had been discussed by the Council twice previously, however, it failed to receive a majority vote. The Mayor explained the various compromises which had been proposed and failed. A motion was made by Councilman Pritchard, seconded by Councilman Silva, to adopt the ordinance as proposed and waive the second reading (with the number of lots of record set at 2211). Councilman Miller commented there are two closely related issues - schools and water - both of which involve a severe detriment to the majority of the citizens of Livermore. There was some question about the legality of adopting a building freeze because of the schools by some of the Council members, however there is no such "legal hangup" with respect to water, and it would be possible, by instituting the building freeze, to protect both the school system and the public from water rationing. Councilman Miller made a motion to amend the ordinance appropriately to replace the number 2211 by zero. Mayor Taylor seconded the motion, but the amendment failed by the following called vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman Miller made another motion to appropriately amend so the total number approved since July 1, 1971 not exceed 1200. Mayor Taylor asked Councilman Miller if he would change the number to 1250, he would second the motion and Councilman Miller agreed to the change. The amendment failed by the following vote: AYES: NOES: Councilman Miller and Mayor Taylor Councilmen Beebe, Pritchard and Silva Councilman Miller made a motion to amend the ordinance by having the number of 2211, but not more than 50 permits per month until July 1, 1972, however Mayor Taylor advised that the numbers were not mutually consistent and Councilman Miller withdrew the motion. CM-24-446 December 6, 1971 The main vote: AYES: NOES: motion failed by the following called (Proposed Ordinance re Regulation of Water & Issuance of Bldg. Permits) Councilmen Pritchard and Silva Councilmen Beebe, Miller and Mayor Taylor The Council discussed the problem of water rationing, and since there seemed to be no compromise with regard to the proposed ordi- nance a motion was made by Councilman Silva, seconded by Council- man Beebe to table the ordinance, however the motion failed by the following vote: AYES: NOES: Councilmen Beebe and Silva Councilmen Pritchard, Miller and Mayor Taylor Councilman Pritchard stated his reason for not favoring tabling the motion was that he could not understand why Councilman Miller feels that 2100 is an unlimited number. Councilman Miller replied to this by stating the other members of the Council were forcing water rationing because there is no limit until after next summer. Mayor Taylor felt that it is important to place on record, for the building industry, that there will be no more building per- mits after a certain number, because to have no ordinance what- soever, would be to allow matters to go l1to potl1 faster; he did not think that was very responsible. Councilman Silva made a motion to introduce the ordinance with no numbers indicated, but to just allow lots of record; the motion was seconded by Councilman Pritchard, and passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Taylor The City Attorney stated that this would put the ordinance back to the first reading because there was a change of substance, and Mr. Musso added that the figure 2211 was based on an estimate and l1lots of recordl1 is a very specific number. (See further action later in the meeting) * * * ORDINANCE AMENDMENT ORDINANCE NO. 765 RE RS DISTRICT, SEC. 31.00 re YARDS AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, RELATING TO ZONING, AS FOLLOWS: THE A- MENDMENT OF SECTION 5.00, RELATING TO RS-RESIDENTIAL DISTRICT REGULATIONS, BY AMENDING SUBSECTIONS 5.26 (USES PERMITTED) , 5.42 a,b,c, and e( (MINIMUM YARDS),5.43 (MAXIMUM DEVELOPABLE FLOOR AREA), 5.44 (FLOOR AREA), ADDING 5.59 (COMPUTATION - NUMBER OF PERMITTED DWELLING UNITS PER GROSS AREA), AND DE- LETING SUBSECTION 5.67 (OFF-STREET PARKING); THE AMENDMENT OF SECTION 20.00, RELATING TO GENERAL PROVISIONS, BY THE AMENDMENT OF SUBSECTIONS 20.50 AIm 20.51 (ACCESSORY BUILD- INGS);THE AMENDMENT OF SECTION 31.00,RELATING TO DEFINITIONS, BY THE AMENDMENT OF DEFINITION OF l1YARD,FRONTl1, l1YARD,REARf', l1YARD,SIDEl1, AND THE ADDITION OF DEFINITIONS OF l1YARD,STREET FRONTAGEl1 AND l1YARD,NON-STREET FRONTAGEl1. On motion of Councilman Miller, seconded by Councilman Pritchard, and by the following vote, the second reading of the ordinance was waived (title read only), and the above ordinance was adopted. AYES: NOES: Councilmen Beebe, Pritchard, Miller and Mayor Taylor Councilman Silva CM-24-447 December 6, 1971 PROPOSED ORDINANCE RE SANITARY SEWER CONNECTION FEES With regard to the ordinance regarding connection charges for sanitary sewers, Councilman Miller asked how restricted we are by Phase II. Mr. Lewis explained we would proceed with the first reading as there were some changes made, and the ordinance would become effective after the second reading and thirty days plus approval by the federal government as we have written to the Internal Revenue Service asking approval to institute the charges. Mr. Lewis ex- plained the change in the formula which necessitated the ordinance going back to the first reading. On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous vote of the Council, the reading of the ordinance was waived (title read only) and the ordinance was introduced. URGENCY ORDINANCE RE DOG LICENSES * * * The City Attorney stated briefly that the term, "poundmaster" is being changed to "Animal Control Director", and that the fee will be changed from $3.00 to $4.00; except the fee for spayed females shall be $2.00. Also, the recording system will be changed to require the Animal Control Director to establish an accounting system regulated by the Finance Director. On motion of Councilman Silva, seconded by Councilman Miller, and by unanimous vote, the reading of the Ordinance was waived (title read only), and the following ordinance was adopted: ORDINANCE NO. 766 AN ORDINANCE AMENDING SECTION 4.11, RELATING TO THE OFFICE OF POUNDMASTER, AND SECTION 4.22, RELATING TO THE SUMS COLLECTED, AND REPEALING SECTION 4.20, RE- LATING TO THE COLLECTION AND DISPOSITION OF LICENSE FEES, OF ARTICLE II, RELATING TO POUNDMASTER GENER- ALLY: AMENDING SECTION 4.23, RELATING TO THE CITY POUND, AND SUBSECTION (a) OF SECTION 4.29, RELATING TO FINES AND CHARGES FOR IMPOUNDED DOGS, OF ARTICLE III, RE- LATING TO IMPOUNDING: AMENDING SECTION 4.32,RELATING TO DOGS RUNNING AT LARGE, SECTION 4.34, RELATING TO DOG LICENSE REQUIRED, SECTION 4.35, RELATING TO PRO-. CUREMENT OF LICENSE TAGS AND CERTIFICATES, SECTION 4.36, RELATING TO RABIES TREATMENT BEFORE LICENSE ISSUED, SECTION 4.37, RELATING TO ISSUANCE OF TAGS AND CERTIFICATES, SECTION 4.38, RELATING TO ANNUAL LICENSE FEE, SECTION 4.44, RELATING TO LICENSE FEE RECORDS AND AFFIXING TAG, AND SECTION 4.45, RELATING TO DUPLICATE TAGS, ALL OF ARTICLE IV, RELATING TO DOGS GENERALLY: AND AMENDING SECTION 4.51, RELATING TO ANNUAL LICENSE FEE AND RENEWAL, OF ARTICLE V, RE- LATING TO KENNELS AND PET SHOPS:ALL OF SAID SECTIONS AND ARTICLES BEING A PART OF CHAPTER 4, RELATING TO ANIMALS AND FOWL, OF THE LIVERMORE CITY CODE, 1959. ORDINANCE RE REZONING NO. SIDE EAST AVE (Haera) AYES: NOES: ABSTAIN: * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by the following vote, the reading of the ordinance was waived (title read only) and the ordinance rezoning the pro- perty on the north side of East Avenue from RL-6 to CP was introduced: Councilmen Beebe, Pritchard and Mayor Taylor Councilman Miller Councilman Silva CM-24-448 * * * December 6, 1971 MATTERS INITIATED BY STAFF (Abatement Proceedings re Sign~ The City Attorney commented that there have been citation hearings against billboard own- ers that have been contested as to our sign ordinance and he is asking the District Attor- ney to stop the prosecutions. The City Attor- ney plans to submit a report to the Council and requests the Council's authority to commence abatement proceedings in Superior Court, in the near future, to remove these signs. * * * The City Manager stated that he has an employ- ment contract, which the Mayor has already agreed to, with the federal government under the Emer- gency Employment Act Monies and would like to have a resolution adopted authorizing the Mayor to sign the contract. RESOLUTION NO. 150-71 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Contract re Federal Government Emergency Act Monies) On motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, the above resolution was adopted. * * * The City Manager stated that he has received a letter from the School District asking that the storage fee for portables located on Irene Way, in the amount of $397 be waived, and the Council decided to discuss the matter next week. * * * (School District Portables Storage Fee) The City Manager reported that SB 565 has (SB-565) passed through both houses of legislature, which will raise the in lieu fees on cars from 2% to 2.65%. It is an important measure for local revenue needs which may be vetoed by the Governor. The City Manager asked the Council for permission to write to the Governor asking that he give the matter favorable consideration. Since there were no objections, the Mayor stated that the City Manager could consider it to be a direction of the Council. * * * The City Manager reported that a resolution was received from VCSD, urging the General Services Administration to allow them to receive 25 acres in the surplus area of Camp Parks for recreation purposes. Since there were no objections it was considered an action approved by the Council. RESOLuTION NO. 151-71 (VCSD RESOLUTION re Camp Parks) A RESOLUTION SUPPORTING VALLEY COMMUNITY SERVICES DISTRICT'S APPLICATION TO THE SECRETARY OF THE INTERIOR FOR PARCEL A-4, SURPLUS GOVERNMENT PROPERTY, CONTAINING APPROXIMATELY 25 ACRES BETWEEN U.S. HIGHWAY 50 AND OLD DUBLIN ROAD FOR PARK AND RECREATION PURPOSES. * * * CM-24-449 December 6, 1971 FURTHER ACTION RE ORDINANCE REGULATING WATER & ISSUANCE OF BLDG. PERMITS reading of the AYES: NOES: *r~.fd7/ (C/l-;;;'1'~) ~ Councilman Beebe announced that he wished to change his vote on the proposed ordinance re- garding regulation of water and issuance of building permits, from "Aye" to "No". He then made a motion to change "lots of record" to a total of 1500~t effeotive date of ordinane~ which was seconded by Mayor Taylor, and passed by the following vote, which waived the first ordinance (title read only), and introduced same. Councilmen Beebe, Pritchard and Mayor Taylor Councilmen Silva and Miller Councilman Silva stated that he felt there will be a lot of pro- blems in deciding who should receive the 1500 permits, to which the City Manager replied that it would be on a first come, first serve basis. (Sidewalks on Hillcrest Ave.) * * * Councilman Silva brought up the problem that there are houses on Hillcrest Avenue that do not have sidewalks and a citizen of Livermore had asked that he bring up the subject at the Council meeting. Mr. Lee reported that the reason there has not been a sidewalk in the area mentioned is because there is not sufficient right-of-way width to permit a sidewalk to be put in, but they have plans to do something about it. (Regional Shopping Centers) * * * Councilman Silva mentioned that the Valley has two proposed sites for regional shopping centers, which happen to be at the other end of the Valley, and he would like the Planning Commission to suggest possible sites for regional shopping before they are used for some other purpose. Councilman Silva made a motion to so instruct the Planning Commission to investi- gate sites for regional shopping, seconded by Councilman Miller, and passed unanimously. (Illegal Signs Lounsbury Junk Yard) (Smog Free Cars) * * * Councilman Miller pointed out that Mr. Lounsbury had been given an extension and asked that the City Attorney look into the matter. He mentioned, also, that there were a number of illegal signs in Livermore and felt that they should be abated. * * * Councilman Miller then stated that he had made a suggestion, about two years ago, that City cars be converted to liquified gas to help eliminate smog conditions, and wanted to know what has been done regarding the matter. The City Manager reported that there had been a County study, but there has been no follow up as far as implementing it; Councilman Miller was welcome to see the re- port. He had expected the County to make some move after complet- ing the study. (Truth in Advertising) * * * Councilman Miller asked what had been done regard- ing the request of a Mr. Broverman to insure con- sumer protection through "truth in advertising" on which the City Attorney had been asked to check the legal aspects. The City Attorney stated that he has come up with a conclusion but is not prepared to specify details at this time. CM-24-450 * * * The Mayor asked that the Council authorize him to correspond, on behalf of the City, inviting the officials of Quezaltenango to be present for the Quezaltenango Parkway dedication, to which the Council agreed. December 6, 1971 (Dedication of Quezaltenango Pkwy) * * * Councilman Beebe commented that he would like the staff to be instructed to pursue the ex- pansion of the plant at Zone 7. (Zone 7 Plant Expansion) * * * There being no further business to come before the Council, the meeting was adjourned at 12:00 p.m. ADJOURNMENT * * * APPROVE 0/ L~~~ May; r ATTEST * * * Regular Meeting of December 13, 1971 A regular meeting of the City Council was held on December 13, 1971, in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. with Mayor Taylor presiding. * * * PRESENT: ABSENT: Councilmen Beebe, Silva, Miller and Mayor ~aylor ROLL CALI Councilman Pritchard (seated later) -l(- * * Mayor Taylor led the Council members and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * -l(- The minutes of the meeting of December 6, 1971, were approved as amended, on motion of Councilman Beebe, seconded by Councilman Silva and by unanimous vote. MINUTES * * * Kathy Diaz, 476 Tyler Avenue, asked why the lights on First Street begin to flash at 10:00 p.m. when the traffic is still quite heavy. OPEN FORUM (1st street Signal Light) Mr. Lee explained that the lights are controlled by the main highways, and it has been the conclusion of the Division of Highways and the traffic staff that the volume of traffic by 10:00 p.m. has been at a minimum in the past, and predominant traffic is in the east and west direction. CM-24-451 December 13, 1971 Mayor Taylor suggested that perhaps the traffic flow should be checked out and that if the lights were left on the various phases until 11:00 p.m. the problem might be alleviated. * * * (Traffic at 4th & Holmes Streets) Ray Faltings, 1018 Via Granada, asked if a traffic survey could also be made at Fourth and Holmes Streets, more specifically the left hand turn from Fourth to south on Holmes Street. Mr. Lee advised that this intersection was not fully actuated and there are some problems and the staff will check into this further. * * * William J. Herlihy, of the Pleasanton Park and Recreation Commission, displayed a map of the surrounding area which indicated the portion they had earmarked for open space. Mr. Herlihy stated that one of the concerns is the projected population in the Valley, and the question is how to accommodate the people in terms of quality of living and adequate space. Livermore and Pleasanton are well able to supply open space and park facilities within their tax dollars. The question is how to provide open space and felt it was reasonable to consider having large open areas around and near metropolitan areas. They have considered Pleasanton Ridge, which is private property consisting of about 20,000 acres. They are proposing that the cities of Pleasanton and Livermore purchase the property at appraised marlcet value; if the land is used for liveli- hood, give the landowner grazing rights at a nominal fee; if he lives there, give him lifetime estates to his property of five or ten acres so that the land would be a workable thing and in order that his life style would not be changed; just acquire the land for open space for future generations. The project, as proposed, cannot be handled by the community, however, it needs Federal support in terms of monies, study, and staff. One of the things presented by President Nixon was a concern for this type of thing and they are urging, by letter to our local representatives and Senator Cranston, the administration to follow through with President Nixon's ideas and have an urban park policy, and they asked the Council to lend their support in urging the administration, also. Mr. Herlihy feels that their concept merits consideration of the Council and hopes to have a committee meeting of those interested in participating in a study program. He asked that the Council support the concept by a recommendation or a motion. SPECIAL ITEM (Establishment of Large Open Space Land Projects) A motion was made by Councilman r~ller, seconded by Councilman Beebe, to endorse the concept in principle and endorse the notion of begin- ning a study to investigate the feasibility of such a project. Councilman Silva asked why the area couldn't be expanded, and Mr. Herlihy replied that he had hoped that Livermore people would par- ticipate in the committee work and do the extension. He felt that the area would become larger as the other cities put their input in the plan. Councilman Silva asked that the motion be amended to increase the area to include lands adjacent to Livermore, the motion was seconded by Councilman Beebe. Robert Allen, 223 Donner Avenue, mentioned a proposal which had been presented previously regarding open space for the whole Bay Area, and one of the key elements of the proposal was that the level land suitable for development would be developed at a higher density to have more intensive use of the Valley floor and in exchange there would be no use for the area proposed for open space. Also it had been suggested that the land that would be taken off of the tax rolls, perhaps the Federal Government would be interested in a swap which would put Camp Parks back onto the tax rolls. CM-24-452 December 13, 1971 Councilman Miller stated the former proposal was for open space but did not provide for higher density. A vote was taken on the motion and approved unanimously. Mr. Musso stated that the idea of using Camp Parks as a trade for open space was posed to the GSA by the Valley Planning Committee * * * CONSENT CALENDAR A report was submitted by the Chief Building Inspector regarding building permits issued from December 2 through December 8, 1971. Report re Building Permits Councilman Miller commented in this regard stating that with the amount of homes to be constructed it will cause the schools to have 32 double sessions after their completion. Ray Faltings, 1018 Via Granada, stated that he had read an article which stated there are 45 permits from which there has been no contribution towards the water activity and he questioned whether these homes will be allowed to be built and occupied. Councilman Beebe stated that this is the reason Zone 7 should final- ize their decision on a regular fund; however Councilman Miller commented that a better way would be to discontinue issuing permits until the problem is resolved. There followed some discussion about the unpaid fees in some instances and Mr. Parness advised that some developers just refused to pay. In reply to a question concerning a decision by Zone 7, Mr. Parness stated that a draft of the ordinance is to be presented to the Board of Directors on Wednesday, December 15. * * * A letter of resignation from the Board of Appeals was submitted by Raymond F. Fish, due to his moving to Oregon. * * * Resignation from Board of Appeals (Ray Fish) The City Manager reported that the School District has appealed for a waiver of the water storage fee in the amount of $397, associated with the Arroyo Seco portable buildings. The City Attorney recom- mends that no provision exists for the waiver of this fee. In addition, it would seem inappropriate since without payment this fee would have to be borne by others. It is recommended that the appeal be denied. * * * The Planning Department reports that the landscaping design for the triangle improvements at the inter- section of First Street and Portola Avenue has been completed, the estimated cost of this work being $3,000. It is recommended that a motion be adopted authori~ing this project. * * * A resolution has been adopted by the Alameda County Board of Supervisors to establish an advisory committee to set of a "911 Emergency System". recommended that a motion be adopted appointing City Manager as representative to this advisory Report re School District Water Storage Fee Waiver Report re First Street & Portola Avenue Landscaping Improvements Report re "911" Emergency System It is the committee. * * * CM-24-453 December 13, 1971 Resolutions Denying Claims Beautification Committee Payroll and Claims December 3, approved by Warrant No. Approval of Consent Calendar Report re Festival '71 (CAC) RESOLUTION NO. 152-71 A RESOLUTION DENYING THE CLAIM OF WILLIAM E. LAWRENCE RESOLUTION NO. 153-71 A RESOLUTION DENYING THE CLAIM OF FLORA SILVA * * * Minutes of the Beautification Committee meet- ing of November 16 were acknowledged for filing. * * * Two hundred forty-two claims dated December 9, 1971, in the amount of $122,972.92 and two hundred twenty-nine payroll warrants dated in the amount of $58,435.00 were ordered paid as the City Manager. Councilman Beebe abstained from 1279 for his usual reasons. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the items on the Consent Calendar were approved. * * * Mrs. Margaret Alderson, Chairman of the Livermore Cultural Arts Council, presented some slides that were taken at the Festival, and thanked the Council for their support. Mrs. Alderson stated that the crowds of people in attendance estimated between eight and nine thousand and due to the success of the food sales and art sales the Festival has made enough money to take care of the operating expen- ses for next year and they will not have to ask for City support. She expressed hope that the City will continue to give support in the form of providing the two purchase award paintings to be hung in the future Civic Center. Mrs. Alderson introduced Mrs. Adele Pence, the new chairman for the festival next year. The Mayor, in turn, thanked Mrs. Alderson and the Council for their contribution to the community and wished the new chairman luck in the next festival. Report re Arroyo Mocho Property Development * * * The City Manager reported that the owner of the property at the southwest corner of East Stanley and Murrieta Boulevard wishes permission to install permanent improvements on the Mocho Channel, such as a concrete wall, which would allow him access to more property with the fill and would permit the utilization of between l~ and 2 acres~f property that would be put into private professional and office type use. Mr. Parness advised that he had discussed the matter with Zone 7 and they have some hesitation about it as it will require a great deal of engineering considerations on their part as to the effect of the improvements on the water flow of the channel. They are also concerned about the loss of the tree growth and wish to protect it as much as possible. CM-24-454 December 13, 1~7l Mr. Parness stated his reason for reporting this is because of the Council's hope to eventually implement the Arroyo parlnvay and before pri va te utilization is made of this property, he felt it important for the Council to decide \vhether or not the staff should investigate the feasibility of its acquisition, the first step of which would be to determine its value. (Report - Arroyo y,Iocbo) Mr. Musso stated that he did not believe this property would ever become a part of the trailway system, but rather the trail would be put through the channel bottom and under the bridge. A motion was made by Councilman Miller, seconded by Councilman Beebe, to have the property appraised and passed after the following comments: Robert Allen stated it \vas his understanding that this property was all zoned commercial in order to provide money to finance the improve- ment of Murrieta Boulevard. Mayor Taylor stated that the improvements of the channel have always been a requirement of Zone 7. Mr. Musso stated a site plan approval permit has been requested and he will approve it as soon as he receives a report from Zone 7 regarding the channel alignment. * * -x- An application submitted by Dan Enos for rezoning on Enos Way was heard before the Council on November 1, and 22, at which time the hearing was closed, and continued to this meeting. One of the problems was the proper public access through the property. Report re Enos Rezoning need to assure Mr. Lewis stated that he had met with the attorney representing tbe applicant, and they have agreed that a floating easement would be proper to restrict the future use of that property. He explained that a floating easement was a l5-foot pathway for pedestrian and equestrian use, running laterally across the property from the street to the school, but in no particularly described place, within the most north- erly 150 feet of the property. A floating easement is generally recognized by title people and attorneys as being a considerable hindrance to building; it has to be cleared off before they could build and, since the easement would be in our favor, it protects the City since we would have to consent and relinquish our easement. Also, since we don't know what will happen 50 or 75 years from now, there will be no legal problems; if necessary, we can relinquish it, if not, we will keep it. We do not want title to the whole 150 foot area, as it would become tax exempt. Mayor Taylor summarized the Planning Commission's recommendation to zone the southerly two acres to RG-16 and the remaining northerly area to E District with the idea that the Park and Recreation District would take over the portion as a park. The Park District, however, replied they did not wish to accept a small portion as a park. The Council must now decide wbat zoning should be applied to the property. The Planning Commission has recommended RG-lO, or 32 dwelling ~n~ ts~~v/ Councilman Silva said he would make a motion that the ~~~yL<-t1:,c66<h acres be zoned RG-lG, but wondered about the northerly section, and Mayor Taylor stated he would suggest that the whole piece be zoned to a particular density. Councilman Miller stated that the property is now zoned RL-6 and what is being suggested is doubling the density. The problem the applicant faces is the proper development of their property, but tbat can be done under cluster at RS-5 which maintains the same density and leaves flexibility without doubling the density. Councilman Miller made a motion to rezone the property to RS-5, however the motion faile~ for lack of a second. CI\I-24-455 December 13, 1971 (Report re Enos Rezoning) Councilman Miller further stated it is hard to show there is a need for multiple, but there is a need for cluster housing. Councilman Pritchard made a motion to accept the easement from the property owner for the 150 foot floating easement and to zone the property to RG-12; motion was seconded by Councilman Beebe. The Council discussed the zoning further with reference to the number of units that could be built in the various zoning categor- ies, in addition to the easement and the site plan. Maria Smith, 675 Enos Way, stated it sounded as though this was a public hearing, and it was her understanding that a report was to be presented on the negotiations between the City l~ttorney and the attorney for the applicant. The Mayor advised that the public hear- ing had been closed, but stated she could speak on the matter. Mrs. Smith requested that the City Council deny the request to rezone to multiple for the following reasons: 1) traffic, 2) home owners would be penalized if apartments are too close to homes, 3) there are already too many units zoned multiple, but not yet built, 4) water rationing, and 5) apartments add to the population growth. Reference was made to a piece of property between Enos property and the Smith property. Mrs. Smith felt that if the Enos property was zoned for multiple, the property adjacent to her home would also be zoned multiple; however, Mayor Taylor stated that the City had denied multiple zoning on that property once before and did not feel they would reconsider that again, as it is their intention to leave a buffer strip to protect the single family properties. Mayor Taylor stated that the Enos property is surrounded by apart- ments on the south and on the west and many of the people who had previously testified were anxious to have something done with the property other than leaving it an undeveloped piece of land. Also, the Planning Commission found that it was consistent with the general plan and recommended a higher density. The motion failed by the following roll called vote: AYES: NOES: Councilmen Beebe, Pritchard Councilmen Silva, Miller and Mayor Taylor Councilman Silva then made a motion to rezone the property to RG-lO with the floating easement, seconded by Councilman Beebe, and passed by the following called vote: AYES: NOES: Councilmen Beebe, Pritchard, Silva and Mayor Taylor Councilman Miller Burke Critchfield, Attorney for the applicant, thanked the Council. He also urged the Council to be very cautious regarding the endorse- ment of the open space plan unless they have representation from this City on the committee; also give consideration to the property owners who are in the path of the plan, and he mentioned that Mr. Apperson is still a client of his and he will not settle for much less than two million ($2,000,000.00) dollars. * * * REPORT RE NORTHERN CALIF. OPEN GOLF TOURNAMENT The City Manager reported that an application has been received from our golf pro for permission to conduct the 1972 Northern California Open Golf Tournament at our Las Posita~ Golf Course. This tournament is to be held over a four day span in August, including two week end days. The two basic problems involved are - no green fees are paid by the participants and the course would CM-24-4S6 December 13, 1971 have to be closed for public play durinG this four day ceriod. Cancellation of public use of the facility is a matter to be weighed since it would represent a loss of revenue approximating $3,500.00; however, in compensation the PGA makes a $1,000 donation, but more importantly, local community expenditures would approximate $225,000. In addition, publicity value of this event would be inestimable. The Greens Conunittee has discussed this matter in detail anrl .ioins in recommend- ing that the City Council grant its approval for this event. (Golf Course 'l'ournmnent) The Council discussed the matter in some detail, and Councilman Silva stated he agreed with the concept, and hoped a sponsor can be found. He made a motion to endorse the recommendation, seconded by Councilman Miller. Councilman Pritchard expressed his concern that the City would be left with a deficit, even with the $1,000 donation, as he felt this tourna- ment was not a big one and would not draw big name pros and he felt that there would not be a lot of advantages to the City. Councilman Silva felt that Councilman Pritchard had brought up a lot of good points and felt, if there was a loss, it should be looked upon as an advertising fee and felt our returns will be much greater in the years to come because of the tournament; Couneilman Beebe agreed that it would be a better way of advertising than the Dews media. Mayor Taylor felt if someone would sponsor the tournament, it would be an outstanding business deal for the City; if all it would cost is the four days of public play and roughly $1,500 loss, it would be well worth it. Councilman Miller stated this was not an unreasonable advertising expense and would support the motion. Ha:T 11'81 tings agreed with Councilman Pritchard and if there is only a loss of $1,500, that is one thing, but questioned other figures and stated that we have a moral obligation to break even on the golf course and an obligation to the taxpayers. Mr. Faltings was assured that the City was not involved in the various expenditures listed. The motion passed 4 to 1 with Councilman Pritchard dissenting. * * * The Public Vlorks Director has recently completed an Arroyo Parkway Study I'Jhich addresses itself to several Questions which were asked by the City Council and Planning Commission. The Planning Cornmission has studied this and adopted it, essentially, with reservations on the flow figures and proposEB that it be implemented as a general plan revision, and Mr. Musso advised that it will be used pending its formal adoption. The Public \'lorks Direc tor explained that the Planning Commission had 8sked that the study be made to determine i'Jhat factors c ontri bute to the flows in the arroy-os through the planning area of the City and to consider some methods that might be used to reduce the ultimate flows, and by doing so to save some of the natural qualities such as the trees, brush and meandering effects of the streams. In addition, the City Council asked that some standards be established for the arroyo parkways. Mr. Lee stated they had investigated methods that might reduce the flows in the arroyo, such as impounding reservoirs upstream, density control in the tributary areas and diversion of the storm '.'laters, 2nd the Arroyo Mocho was used as an example. First, they investiga- ted the impounding reservoir on the Arro:,ro I/locho, but felt the cost was completely out of line and he explained the reasons for his thinking. As far as density control, in the developable area vJhere there is less than 1 slope, there would be a saving of about 7% if the density was reduced from 3 to 1, and would save about 3% in the right-of-way width which is needed, but is not a significant REPORT RE ARROYO P ARKVJAY S'rUDY CM-24-457 December 13, 1971 amount and not a very useful way of reducing the flow. Third, they considered the diversion of storm water through a channel to the Arroyo Del Valle, which would allow a diversion of about LtO%; however, again the savings was not very promising. The balance of the report deals with standards concluding that they could not reduce the flow economically just for this purpose. What was considered in the study of the standards was to carry the ultimate storm flow and include space adjacent to and around the channels on both sides or in the middle to recreate the natural stream appearance, as a considerable portion of the natural growth would have to be removed to accommodate ultimate flow. Mr. Lee displayed several drawings, one showing an exaggerated vertical scale of a typical arroyo parkway and another showing it to proper scale and explained the storm flows and how they would be confined to the various areas and one of the areas he referred to was the "freeboard" zone, which is an extra safety that must be included because in unusual situa- tions there may be flooding in the parkway although normally this would not occur. Mr. Lee stated if 850 feet were to be developed on either side and excess land contributed rather than parks, this would provide enough land to widen the channel; also, if they devoted monies for improvements in the arroyo parkway area rather than the normal improvements in a park there VJould be more credits than there would be estimated expenses for the minimal type of development in the arroyo parlnJaY. He stated that taking all the major arroyos through our planning areas, it was determined that what he called the "contributing zone" would comprise 15;6 of the planning area and would absorb 15% of our park effort in the commu- nity to provide the parkways. (Arroyo Park- way Study) Mayor Taylor asked if trees could be planted in the Ilfreeboard zone II and pathways installed, and just accept the fact that maybe every 100 years it would flood, and Mr. Lee stated that was true, but there could be other factors that might cause flooding in that zone; however, there could be mounding in the area. Mayor Taylor also asked if the Flood Control District would approve the plan, and Mr. Lee advised that the plan had been referred to Zone 7 and he did expect them to adopt the plan. Councilman Miller stated it was surprising that a reduction in density has so little effect. He also commented that these could not be called natural channels, but rather they will be sculptured, and in time there may be some trees growing in them; the attractiveness of the arroyos now will not be reflected in these designs, but it is better than cementing them over. He felt that the idea for provid- ing for the parkways through park dedication was unwise, as the people living within 850 feet of the arroyos also need neighborhood park facilities. He thought it would be better to use storm drain monies for providing the extra width in the arroyos, and another source of money could be the park tax. Councilman Beebe thought perhaps some of the money for the development of the reservoirs could be derived from storm drainage fees. Mayor Taylor stated that the financing for the implementation of the plan could be taken up later, as they should be careful in consider- ing parl{ dedication money for this purpose. He shared the concern about the natural appearance of the arroyos; however, you cannot handle flood waters unless the channel is shaped properly. Mr. Lee stated that normally most of the arroyos are inadequate, as nature provides them that vJay, and they are designed to flood occasionally. When there is development, they are inadequate. Councilman }liller stated this implies there are areas which are sub- ject to flooding, and if so, they are flood plains. If this is the case, there exists a flood plain zoning so you don't have to develop in flood plains, then why do we not have flood ~lain zoning to take care of the situation. CM-24-458 Mr. Lee stated that would have to include the entire Valley, and explained what might happen in the event of flooding. December 13, 1971 (Arroyo Parkway Study) Councilman Pritchard made a motion to accept the Planning Commis- sion's recommendation for preliminary approval of the Arroyo Park- way Study, subject to later consideration of financing. The motion was seconded by Councilman Miller, and passed unanimously. Robert Allen asked if we are forming a Livermore Flood Control District, and if RO, perhaps we should withdraw from the Alameda County Flood Control District. He also commented that it was almost inconceivable to him that there could not be impounding reservoirs upstream on the Arroyo Mocho at a reasonable cost. Mr. Lee explained the volume of water and what would be necessary to reduce the peak flow, stating the cost could not be justified. * * * At the direction of the City Council the Plan- ning Commission reviewed the matter of swimming pools within front yard areas, and recommended no further restrictions. SWIMMING POOLS IN FRONT YARDS Councilman Miller stated the issue was the distance between the fence and the swimming pool. There was a lot of concern during the public hearing for a child scaling the fence and falling off the top directly into the water. It was his understanding that the Planning Commission did not consider this aspect, and he felt that this matter should be referred back to the Planning Commission and this one point taken into account in the ordinance. After some discussion, the matter was referred back to the Planning Commission for further consideration of this setback. * * * The Planning Commission submitted a resolution with regard to location of professional offices in certain zones and, more specifically, veter- inary hospitals. RESOLUTION RE PROFESSIONAL OFFICES Councilman Pritchard commented on one item with regard to the disposal of animals by incineration, and advised that the incin- eration methods used by veterinarians now are fully approved by the Bay Area Air Pollution Control District, and he did not feel the need for this restriction, and suggested that the staff ask the BAAPCD for comments in this regard. * * * Summary of action taken at the Planning Commis- sion meeting of December 7 was noted for filing. * * * Councilman Pritchard made a motion to waive the first reading and adopt the ordinance, with the comment that he was concerned about the method of distributing the permits, but felt that a compromise is necessary to have an effective ordinance. The motion was se- conded by Councilman Beebe. SUMMARY OF ACTION BY PLANNING COMM. ORDINANCE RE REGU- LATION OF USE OF WATER & ISSUANCE OF BUILDING PERMITS Mayor Taylor stated that since there have been many hours of discussion and he felt the arguments were clear, if there were to be any comments, he asked that they be brief. CM-24-459 December 13, 1971 (Ordinance re Bldg. Permits) Councilman Miller commented that we have already lost $6500 in water connection fees not collected, and since this may continue, he felt we should wait until Zone 7 makes the fee legal. Mayor Taylor felt that it was important to adopt some type of limitation so the building industry is aware of the Council's position; however, he did feel the number specified was too large. By the following called vote the ordinance was adopted. AYES: NOES: Councilmen Beebe, Pritchard and Mayor Taylor Councilmen Silva and Miller Robert Allen presented a copy of the ordinance with some changes he had made and suggested perhaps the Council might want to change the wording slightly. ORDINANCE NO. 767 AN ORDINANCE PROVIDING FOR THE REGULATION OF USE OF WATER AND REGULATING THE ISSUANCE OF BUILDING PERMITS FOR NEW RESIDENTIAL AND CERTAIN MANUFAC- TURING AND COMMERCIAL BUILDING. * * * PROPOSED ORDINANCE RE SANITARY SEWER CONNECTION FEES The City Attorney advised there had been a few minor changes made in the ordinance which sub- stantially changed the substance; therefore, the ordinance must go back to the first reading. On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the first reading of the ordinance was waived, (title read only) the ordinance amending Section 18.2, relating to connection charges generally, of Article I, relating to general provisions, of Chapter 18, relating to sewers was introduced. * * * ORDINANCE RE REZONING HOSKER LANE AREA With regard to the rezoning of the Hosker Lane area, Councilman Miller and Mayor Taylor stated their conflict of interest in the matter, and Vice Mayor Pritchard was asked to take the chair. On motion of Councilman Beebe, seconded by Councilman Silva, the reading of the ordinance was waived, and by the following vote, the ordinance rezoning the H~sker Lane area from RL-6 to RS-5 Dis- trict was adopted. AYES: Councilmen Beebe, Pritchard and Silva NOES: None ABSTAIN: Councilman Miller and Mayor Taylor ORDINANCE NO. 768 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. * * * ORDINANCE REZONING NO. SIDE EAST AVE. (Haera) ORDINANCE NO. 769 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. CM-24-460 December 13, 1971 On motion of Councilman Pritchard, seconded by Councilman Beebe, the foregoing ordinance re- zoning the Haera property on the north side of East Avenue from RL-6 to CP District was adopted by the following vote. (Ordinance Rezoning No. Side East Ave.) AYES: Councilmen Beebe, Pritchard and Mayor Taylor NOES: Councilman Miller ABSTAIN: Councilman Silva * * * Iilr. Musso advised that he had attended the hearing on the Kaiser matter and that the public hearing was continued until January 18, in Pleasanton, for public testimony. MA'rTERS nUTIATED BY STAFF (Kaiser) * * * Mr. Lee reported regarding the sidewalks in the vicinity of Hillcrest and East Avenue and displayed a drawing indicating two lots adjacent to the Interfaith Housing that do not have sidewalks. He advised there is a problem with the right-of-way which projects into the street and there is some question as to whether the City can require these sidewalks under the state statutes. He suggested that we proceed with the posting of the area and if possible have them installed. If there is a problem, the only thing would be to acquire the additional rights-of-way to accomplish this. (Sidewalks) ( t/dL~, &A1 ('[~ ) A motion was made by Councilman Miller, seconded by Councilman Pritchard, to post the lots and proceed with the processing, and passed unanimously. Mr. Lee stated that with regard to the other area in the vicinity, just west of Hillcrest Avenue, the City has been in the process of acquiring the rights-of-way, and the matter may be resolved soon. * * ~~ IVlr. Parness advised that the &1'1001 District has (VJaiver of applied for waiver of the sewer connection fees for Fees ..:2?~N'c.-- several relocatable and several school class addi tions, l!.:>Z-7~:t1 7"A2'.-li the total connection fees in the aggregate amount to $11,826." is~ waiver has traditionally been granted with tbe exception of requiring payment of a token fee on the base rate per structure. Councilman Pritchard made a motion, seconded by Councilman Beebe, to waive the fees as recommended, and passed unanimously. * * * Crosswinds Restaurant ( Interpreta.- tion of Sign OrdinClnce) Mr. Parness stated it was necessary that he have the Council's interpretation of the sign ordinance in regard to the golf course restaurant. I'llr. Ivlusso explained that under the provisions of the Zoning Ordinance there are three considerations, one of which, in the first month, is fairly extensive signing for tregrand opening. As far as permanent signing, it is in the ID Zone, and in that zone there is allowed a 100 square foot wall sign, plus 12 square feet for each additional use, or they are allowed to have the 64 square foot non-electrical 8 feet high freestanding sign. One thing that requires interpretation is v;hether or not this would normally be allowed as a freeway related sign if it were within 500 feet of the freeway. The question is whether or not the golf course would constitute the site for the restaurant and, therefore, be within 500 feet of the freeway, to allow them to have a freeway related sign of 64 square feet within 50 feet of the freeway. It is possible that a temporary sign might be provided until there is an integrated sign program at some later time. CI,I- 2.l~- L~6l December 13, 1971 (Sign Ordinance) Councilman Miller felt it was not unreasonable to interpret the ordinance that the site extends to the freeway and made a motion that they be allowed a 64 square foot freestanding sign on this basis, but with the understanding that when the City considers an integrated siGn program the signs would be done in one consistent way. Councilman Pritchard seconded the motion. Councilman Silva felt it was an undue ha~dship on the applicant to invest in a freestanding sign that might only be temporary. Councilman Pritchard felt it was not a matter of the Council allow- ing the sign, the ordinance states they are entitled to one on the premises and that is the golf course. Councilman Pritchard there- fore withdrew his motion. Mayor Taylor stated the entire Council agreed on the idea of inter- preting the golf course as the site and allowing a 64 square foot freestanding sign properly located. He would like the owners to understand that the City may sometime in the future consider an integrated sign program. Mr. Parness felt it would be fair to advise the occupant that the Council does want to have the City's sign changed to bring it into conformance and perhaps we could discuss with them the consolida- tion of the two at an apnrooriate time. * * * (Parallel Signs) Councilman Silva stated that parallel signs are still a concern to him and illustrated several examples of parallel signs, stating these businesses do not have a fair advantage in these instances, as do businesses with trilon signs or those that have buildings strategically located to allow signing such as the State Savings and Joan. Councilman Silva made a motion, seconded by Councilman Pritchard to refer the examples illustrated to the Planning Commission for consideration and possible amendment of the sign ordinance. Councilman ~liller disagreed with the arguments presented by Council- man Silva in favor of a change in the sign ordinance, but did agree that commercial corner properties do have an advantage and because they are corner lots they have a much higher market value. The motion passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Silva Councilman Miller and Mayor Taylor * * * School Housing Councilman Miller stated the newspaper reported the figures given by the School Board; it is important for people to recognize that it costs $2,300 per house to provide for schools which the community has to subsidize, and he suggested that whatever is worked out with the developers regarding schools should approximate that figure. * * * Mayor Taylor reminded the Council that on Tuesday, December 21, the subcommittee of the Council is to meet with the School District representatives and the Builders, and he and Councilman Beebe would attend. * * * AD JOURNr1ENT There being no further business to come before the Council, the meeting was adjourned at 11:10 p.m. to an adjourned meeting on Thursday, December 16, 1971, at 6:30 p.m. at the Rincon Fire Station, 951 Rincon Avenue, for a budget session to study the capital improvements budget. * * -l(- CM-24-462 APPROVE_~ (or~ ~,~ ~Clerk ~ Live e, Callfornla December 13, 1971 (Adjournment) ATTEST * * * Regular Meeting of December 20, 1971 A regular meeting of the City Council was held on December 20, 1971 in the Municipal Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Taylor pre- siding. * * * PRESENT: Councilmen Pritchard, Silva, Miller and Mayor Taylor ABSENT: Councilman Beebe (Vacation-Excused) ROLL CALL * * * Mayor Taylor led the Council members and those present in the audience, in the Pledge of Alle- giance. PLEDGE OF ALLEGIANCE * * * The minutes of the meeting of December 13, 1971, MINUTES were approved as amended, on motion of Council- man Pritchard, seconded by Councilman Silva and by unanimous vote. * * * The motion was made by Councilman Pritchard, CORRECTIONS TO seconded by Councilman Miller, to correct the MINUTES (Dec. 6) minutes of December 6 to reflect that the count- ing of building permits issued is to be commenced on November 8, 1971, as requested by Councilman Beebe. The motion received a unanimous response. * * * The Mayor invited anyone in the audience wish- ing to speak on any subject not listed on the agenda, to address the Council; there was no response. OPEN FORUM * * * CONSENT CALENDAR A report was received from the Chief Building Inspector indicating the number of permits issued from December 9 through 15, 1971, to be three permits issued during this time. Report re Building Permits Councilman Miller commented that none of the three have paid the water connection fees, and that the number of permits issued has nearly doubled since last year. * * * CM-24-463 December 20, 1971 Communication from Livermore Bikeways Assn. A copy of a letter was received from the Livermore Bikeways Association addressed to the Alameda County Director of Public Works regarding the num- ber of people that ride bicycles who travel on East Avenue. The Planning Director asked that the Council note that a joint meeting is to be held with Mr. Lee, Livermore Laboratory represen- tatives, bicycle riders and him to discuss the problems of travel- ing East Avenue on bicycle, sometime after the first of the year. Communication of News Facts re Taxes Report re Tree Donation * * * A report of News Facts was received from the Alameda County Taxpayers Association regarding taxes, and giving side-by-side comparisons of the Watson and Jarvis Amendments, which are attempts to limit the tax rate, and which would radically change the tax structure. * * * The City Manager reports that Mr. and Mrs. Joseph Tinney have donated a sum of money for the purpose of purchasing a number of small trees or one large tree to be planted in a city park area and dedicated in memory of Mr. John Boggs, a recent traffic fatal- ity in Livermore. Our Park and Tree Superintendent has recommended that the funds be used for the purchase of one Liquidamber, approximately 10 ft. in height, in a 15 gallon size for placement in Centennial Park. It is further suggested that the widow, Mrs. Judy Boggs, be notified that this tree placement is made in memorial to her late husband. Report re 1970-71 Capital Improvements Departmental Reports Approval of Consent Calendar CHAMBER OF COMMERCE RE FINANCIAL SUPPORT through funds CM-24-464 * * * A report was received from the Director of Public Works regarding acceptance of 1970-71 Capital Im- provements Projects. Work has been completed on several capital improvement projects and they are recommended for formal acceptance by the City. * * * Departmental Reports were received as follows: Airport - activity and financial - November Building Activity - October and November Fire Department - October and November Golf Course - November Municipal Court - October Police and Pound Departments - November Water Reclamation Plant - November * * * On motion of Councilman Pritchard, seconded by Councilman Silva, and by unanimous vote~ the Consent Calendar was approved. * * * Mr. Parness~ the City Manager~ explained that the Chamber of Commerce receives an annual allotment to take care of their administrative overhead and the Council considers projects determining whether or not they should receive financial support. The Christmas decorations are paid for by the City accrued from a surcharge on business license fees. December 20, 1971 The Chamber of Commerce is requesting that a flat fee be given them equivalent to 10% of the annual business license fee accruals which would cover all projects as well as Christmas decorations. (Chamber of Commerce Financial Support) Mr. Milt Codiroli stepped forward to answer any questions the Council might have regarding the request, stating that the Chamber of Commerce will organize their affairs in order that they will not have to receive monies from the City to aid in any project. He estimated that the business license fees will be approximately $90,000 which will give the Chamber $9,000 with which to work, as they wish to be self-sufficient. Councilman Pritchard made a motion to accept the recommendation of the City Manager to give the Chamber of Commerce 10% of the busi- ness license fee accruals, seconded by Councilman Silva The City Attorney stated that it would be advantageous to require the Chamber to submit a letter listing the expenditures and certi- fying expenses on advertising the City. Councilman Miller pointed out that tax money collected is public money and to use this as overhead is a gift. Also, groups paying property tax would be able to request 10% of the money for their organization's use. He felt that since the Chamber of Commerce is a private organization, it is an unreasonable gift of the tax- payers' money to support their operations. He also commented that those who do not wish to pay for City Christmas decorations should not have to be included, and if the business community wishes to use Christmas decorations, they should raise money for this purpose. Councilman Miller suggested that the matter be tabled until after elections, and made a motion to that effect, but the motion died for lack of a second. Robert Allen, 223 Donner, questioned whether the business license fee is based on a new structure and wanted to know if the Chamber would receive much more than $9,000 a year after the City obtains a Finance Director. He stated that the Finance Director is in charge of business license fees and that Livermore has been with- out a Director for over a month and felt that the $90,000 estimate might be out of line. He stated his concern for this estimate becoming appreciably higher in the future and since it is public funds, perhaps a little more control should be maintained. Mayor Taylor added that he felt the Chamber of Commerce does a great service to the community and that the money for the Christmas decorations has been quite proper, but it might be unwise for the Council to allow the Chamber a flat percentage with which to con- duct business. Mayor Taylor made a motion to table the matter until January 10, seconded by Councilman Pritchard, and received a 3-1 response with Councilman Silva stating that he was undecided. Earl Mason stated that there were two ordinances - 1) the basic business license tax, and 2) a tax override ordinance that added 10% to the business license tax for the purpose of providing Christmas decorations at the wishes of the businessmen; therefore, this 10% belongs to the merchants and is not part of the general fund and not public money. He wanted to clarify that this is the 10% the Chamber is asking for and that they are willing to pro- vide the City the same services and pay their expenses out of their own money, not public funds of City money. * * * CM-24-465 December 20, 1971 The Planning Director explained that the shopping center has been a problem and a controversial issue since it was zoned or issued a Planned Unit Develop- ment permit around 1956 or 1957. He stated that recently there has been a request to eliminate the PD permit and for multiple residential zoning; the PD permit was eliminated but the request for rezoning was denied. Mr. Musso pointed out the commercial zoning line on a map and stated that the Planning Commission recommends approval of the original application, subject to a reduction of units and additional setback, and that they attain ownership of a triangular piece of land which is part of the tract. All other conditions are outlined in recom- mendations to the City Council dated December 17, 1971 and the staff report dated December 7, 1971. Mr. Musso also mentioned that CN zoning can be used for any use with a Conditional Use Permit. He reported, also, that at the public hearing the residents of Inter- faith Housing Development and the tenant of the Louis Store support- ed the application; those in opposition were the property owner of Louis Store, the Belz ownership and other property owners in the area. . CONDITIONAL USE PERMIT (Interfaith Housing) Mayor Taylor felt that the Council had enough evidence before them in order to come to a decision without holding another public hearing. The City Attorney stated that it was not necessary to hold another public hearing unless the Council would like to take public testi- mony or hear from the public and since there is no time limit it is up to the Council. Councilman Miller felt that whether another public hearing is held or not, the property owners, applicants and anyone wishing to speak on the matter should have a chance to do so. Mayor Taylor stated that unless a motion is made to set a date for a formal public hearing that they would continue with other matters on the agenda. He then asked if there was a motion. Councilman Miller stated that he would like to hear from the public before a motion is made. Jack Phillips requested that a formal hearing be set and that a full Council be present before he presented his testimony. Paul Weiss, 6852 Mines Road, President of Interfaith Housing, asked that the Council give approval for 26 units so they could commence processing with BUD for the additional triangular piece of property, which they feel can be done. He expressed the need of the community to supply housing for people that have lived here for years but do not have means to support themselves on their small pensions in a community that has grown as fast as Livermore, since most of the housing is located in modern commercial developments. Mr. Weiss explained that they would like to maintain limited access to the property to keep unwanted salesmen and a number of visitors from parking there, but the Fire Department needs ample room to get their trucks to any of the units. They have taken care of this require- ment by installing rolled curbs, which the trucks can cross if necessary, and if California Way is opened they may put up a barrier made of rubber that the trucks can cross. However, they prefer to have one access only. Councilman Silva stated that the triangular parcel (east of the pro- perty in question, adjacent to Hayes Ave.) as well as the other parcel of land adjacent to the area in question (a 50xlOO ft. par- cel east of Hillcrest Avenue) should be purchased in order to eliminate two parcels of land remaining undeveloped. Jack Phillips, 551 North P Street stated that the density for the property is 17 per acre and the average overall density will be 20 per acre. He feels that special privileges have been given to CM-24-466 December 20, 1971 vested interests, and stated that this property requested multiple zoning twice before and was turned down, and this time it was approved. He also commented that the Planning Commission de- signated that this approval is non-transferable. He feels that Interfaith Housing has received special privileges in this case. He stated that the parcel, which is a little over three acres, is too small for the type of development proposed, and that it should be located in an area that can be expanded. (CUP-Interfaith Housing) Arthur Belz, 1201 Oaks, San Leandro, owner of the undeveloped piece of property in the shopping center stated that he had given Lincoln Lumber Company a 50-year land lease on the property, but Lincoln Lumber went broke in Roseville and the property was never developed. He stated that it was no fault of the City that Lin- coln had to cease operations. In his opinion, the property should remain commercial, as the boundaries are defined and planned for this purpose, and they would like to be able to attract substantial tennants. He stated that to reduce the center to less than six acres would make it economically unfeasible. Gene Dupzyk, 4179 stanford Way, stated that he did not know how the Council could deny the RG-16 Zoning that Lincoln requested on two occasions and than allow RL-6 to be zoned CN to try to promote the property development. He felt that this was possibly the rea- son Lincoln Lumber let the land be sold at a tax sale and that Lincoln has cause for a suit, should this application be approved giving the zoning Lincoln requested to a different interest. In his opinion he could not see how the Council could, in good faith to the owners and residents, change the zoning of this property for Interfaith Housing. Harold Wiesner, 883 Adams Avenue, stated that he does business with Louis store and uses the drug store for prescriptions, and would like the area to remain a viable shopping center. He feels that the acquisition of the triangular piece of land should remain a contingent part of the agreement or ruling of the Council. He stated that Interfaith Housing has been in touch with the owner of the triangular piece of land asking what price the owner wants for the property. However the owner has not decided on a figure, and Mr. Weisner feels that this is being unreasonable, as this could hold up the project of Interfaith Housing. The assessment on the property is approximately $3,500, which he feels the Inter- faith Housing could probably afford, but the owner has to come up with a price. He would like to see the housing development go ahead with the building with the stipulation that they would pur- chase the property if the limits are within their capability. Mr. Weiss explained briefly that Interfaith Housing is a non-profit corporation comprised of various churches in the Valley as corpor- ate members, with a Board of Trustees to operate the corporation. It is a permanent entity established for the purpose of supplying the need for this type of housing in Livermore. Jack Phillips added that if he was not mistaken, the Planning Director approved this for the exact same reasons he had opposed it earlier. Councilman Silva stated that he felt this is a special privilege but that there are times that special consideration is given to fill a gap in community needs, i.e., housing for the elderly. He feels very strongly that the two remaining parcels should be pur- chased either by Interfaith Housing or the adjacent property owners, or they will become weed patches. Councilman Pritchard stated that if Interfaith Housing does not purchase the two remaining p8rcels of land that the owner will soon be asking the Council for a variance for these two parcels. CM-24-467 December 20, 1971 (CUP-Interfaith Councilman Miller stated that the Council is in Housing) no way obligated to grant the owner of the parcels a variance and asked Councilman Pritchard why he felt the Council is required to grant a variance. Councilman Miller felt that when a man buys property for $2,300 and knows the conditions at the time of sale, they are not required to allow a variance on his property. Some discussion followed regarding required setbacks as stated in the zoning ordinance. Mayor Taylor stated that this is a unique case and that he would hate to see approval tied to the acquisition of the two remaining parcels. He mentioned that this land was divided into different ownerships and the City has done all they could in trying to preserve the shopping center by renewing permits; also, the land could have been purchased by the joint owners to provide a viable shopping cen- ter. Instead, the land was divided into three ownerships, and he felt that the Council has no obligation to try to put together these three pieces in order to provide a viable shopping center. Councilman Silva restated his motion to agree with the Planning Com- mission's recommendation and approve the CUP, subject to all condi- tions as outlined with the exception that the triangular parcel (along Hayes Street) be acquired by adjacent property owners; the motion was seconded by Councilman Pritchard and approved unanimously. The City Attorney commented that according to the Zoning Ordinance, Sec. 28.51 (c) certain findings have to be made that there will be no adverse affects on the abutting property, and asked if the motion was directed toward the construction of these units, i.e. no con- struction will be allowed unless someone purchases the triangular piece of land, to which Councilman Silva answered that that was the intent. Councilman Miller expressed his concern for the density problem in this area, stating that he was opposed to apartments of the usual nature in this area and will continue to do so, and that a lot of others are concerned with higher density in this area. He stated that he is presuming the Council, when they approved the first Inter- faith application, made it clear that this would not be a prece- dent for multiples of the usual kind. He stated that there are equities on both sides making it hard to make a decision, and men- tioned that if a CUP is approved that it is easier to control acti- vities on the property than if a rezoning takes place. He agreed that the City has an obligation to house lower income people and that the Interfaith Housing Project is a bona fide locally administered lower income project that the City needs. * * * RECESS After a 2 minute recess, the meeting resumed with all members present except Councilman Beebe. * * * Mayor Taylor briefly reported that a report had been received from the Planning Commission re- commending that property located in the easterly extreme of the City bounded on the north by Inter- state 580, on the east by Greenville Rd. and on the south by the Southern Pacific tracks be rezoned from U (Un- classified) District to Zoning Districts provided by the Zoning Ordinance. ZONING DISTRICTS (Greenville Rd & US 580) AMENDMENT RE DESIGN REVIEW A recommendation has also been received regarding possible amendment of the Zoning Ordinance (Sec. 22.00 and other appropriate sections) to provide a Design Review procedure. On motion of Councilman Silva, seconded by Councilman Pritchard, and by unanimous vote, the two above items were set for public hearing on January 10, 1972. CM-24-468 December 20~ 1971 A report was received regarding the regulation of sanitary land fill operations and the sto- rage of garbage~ refuse and waste within cer- tain areas within the City. It was decided that this may more properly be made a part of the munj6ipal code and the City Attorney was directed to prepare the amending ordinance for later discussion by the Council. * * * The minutes of the meeting of December 7 and the summary of action taken at the meeting of December 14 by the Planning Commission were acknowledged for filing. * * * A report was submitted by the Planning Director re freeway sign ordinance amendment. A motion was made by Councilman Miller to continue the matter until January 3 when they have a full Council; motion was seconded by Councilman Prit- chard~ and approved unanimously. * * * REGULATIONS RE LAND FILL AND REFUSE STORAGE MINUTES OF PLANNING COMMISSION PROPOSED ORDINANCE AMENDMENT (Freeway Signs) The City Manager reported that the City Attor- REPORT RE SEWER ney advises that sufficient funds be deposited DISCHARGE LITIGATION by the City with the court involving a recent lower court decision against the City~ the amount approximating $113~OOO. In so doing~ the interest rate accrual set at 7% would be prevented during the appeal process. The funds would merely be kept in trust for the City in the event of favorable appeal decision and would be reimbursed to us~ toge- ther with the interest they have earned during their trust stay in court. It is recommended that a motion be adopted authorizing this fund deposit. A motion was made by Councilman Pritchard~ seconded by Councilman Silva~ and passed unanimously~ to authorize the court deposit of funds regarding sewer discharge litigation. * * * ORDINANCE NO. 770 AN ORDINANCE AMENDING SECTION l8.2~ RELATING TO CONNECTION CHARGES GENERALLY~ OF ARTICLE IA RE- LATING TO GENERAL PROVISIONS~ OF CHAPTER Ib~ RE- LATING TO SEWERS~ OF THE LIVERMORE CITY CODE~ 1959. ORDINANCE RE CHARGES FOR SANITARY SEWER CONNECTIONS On motion of Councilman Pritchard~ seconded by Councilman Miller~ the reading of the ordinance was waived~ and by the following vote~ the above ordinance was passed. AYES: Councilmen Pritchard~ Silva~ Miller and Mayor Taylor NOES: None ABSENT: Councilman Beebe * * * The Public Works Director reported that the Council had approved additional excavation of the Civic Center site by removing material and replacing it with top soil~ backed by a bond to guarantee that the work would be done. Be- cause of the delay on the freeway project~ this material be removed for awhile - there are 70~000 yards that must MATTERS INITIATED BY STAFF (Grading- Civic Center Site) will not be hauled CM-24-469 December 20, 1971 (Grading-Civic Center Site) away plus a stockpile of boulders. They are ask- ing for a delay to which Mr. Lee is suggesting they be given a 150 day delay to complete all the work, provided they obtain a bond insuring that the work will be done within 150 days. Councilman Miller stated that he has received a number of complaints about the noise and dust from the area, and feels that 150 days is excessive. Mayor Taylor stated that he could sympathize with the residents who complained to him also, about the noise and dust, however the material cannot be removed until they have a place in which to put it, and about the only alternative would be to ask them to move it to another location and then to the freeway, but felt it was unrealistic to shorten the 150 day delay time in hopes that the freeway project will be accelerated. Mr. Lee stated that they have been very cooperative in that when complaints were received regarding dust, trucks kept the area water- ed down, and that they did not begin work until after 6:00 a.m. and stopped working before 6:00 p.m. The Mayor stated that if no objections were raised, it would be considered Council approval to allow the 150 day extension. The Council also directed that the work commence at 7:00 a.m. rather than 6:00 a.m. which is to be included in the contract. The City Attorney suggested the Mayor should be authorized to exe- cute this agreement. Councilman Miller made a motion to authorize the Mayor to execute any modified agreement regarding the excava- tion, seconded by Councilman Silva, and passed unanimously. * * * (Sidewalk Repair Bids) The City Manager reported that bids for the side- walk repair have to be awarded; that there are 370 sidewalks remaining to be done, and that the work will commence January 15. On motion of Councilman Silva, seconded by Councilman Miller, the following resolution was passed by unanimous vote: RESOLUTION NO. 154-71 RESOLUTION AWARDING BID Mayor Taylor asked the CitJ Attorney to furnisll a report regarding the method of payment for sidewalk repair to be given at the next Council meeting as people have been asking if they can make pay- ments on the installment plan. MATTERS INITIATED BY COUNCIL (Trailer Storage) * * * Councilman Pritchard stated that a number of people have approached him regarding parking trailers in front yards, and asked that this item be scheduled on the agenda for the next meeting. The Mayor stated that there are too many people interested in the subject to discuss the issue next week, and asked for a report as to the status of the situation. Councilman Silva suggested that the item appear on tbe agenda on January 24, which met with no opposition from the Council, and the Mayor asked that they receive material related to the item a week early. * * * CM-24-470 , I December 20, 1971 There being no further business to come before ADJOURNMENT the Council, the Mayor, on behalf of the Coun- cil and the staff, wished everyone a Merry Christmas and the meeting adjourned at 10:45 p.m. * * * APPROVE ~.. L;a~ j .1 (' / / ATTEST ' )~~---- . "-C-i ty Clerk ve~more, California CM-24-471