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HomeMy Public PortalAboutCC MINS 1970 December 22, 1969 On motion of Councilman Silva, seconded by Commendation Councilman Miller, the City Council adopted a resolution commending P. IHchael Uthe for his participation in the Valley Planning Comnittee. The motion was adopted unanimously with Councilman Uthe abstaining. RESOLUTION NO. 208-62 A RESOLUTION COMMENDING COUNCI1J:.1A2~ P. IGCHAEL UTEE * * * There being no further business to come before the Council, the meeting adjourned at 12:00 midnight to an executive session to discuss the :::~::~~ ATTEST ol~i::! - L '. ore, California ADJOURNMENT * * * Regular Meeting of January 5, 1970 A regular meeting of the City Council was held on Monday, January 51 1970, in the Justice Court Chambers, 39 South Livermore Avenue. ~he meeting was called to order at 8:02 p.m. PRESENT: Councilmen Miller, Silva, Uthe and Mayor Marguth ROLL CALL ABSENT: Councilman Taylor * * * The Mayor led the members of the City Council and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * Mr. Clarence Hoenig, 588 Tyler, referred to OPEN FORUM a report re progress, prevention and control of air pollution which is the second report (Air Pollution) of the Secretary of Health, Education and Welfare to the Congress of the United states, dated January 1969, and pointed out three things: 1) the report indicates an inverse relationship between air pollutant concentration and property values; 2) through the Air Quality Act of 1967 there is a mechanism through the Air Pollution Control Com~ission for intrastate hearings on abatement procedures possible to local governments; 3) a planning procedure for emergency abatement. * * * CM-22-24l January 5, 1970 COUNCILMAN TAYLOR was seated during the above comments. * * * The Planning Director outlined the original application submitted by Dan Christopolous for rezoning of property from RG-16 and RL-6 to CB for the purpose of building an automobile service station at the corner of Murrieta Blvd. and Holmes Street and stated that the Planning Commission, in reviewing this application, initiated action for the expansion of the area of consideration to include: "Holmes Court," rezoning from RL-6 to RG; property at 1208 and 1229 Fourth Street, rezoning from RL 5-0 to Residential Districts provided by the Zoning Ordinance; "Centennial Park," rezoning from RL 5-0 to E District; "Hansen Park," rezoning from CO to E District. The expanded area would then be in line with present ownerships. PUBLIC HEARING SW Corner Murrieta Blvd. and Holmes St. Mr. Musso stated that the Planning Commission unanimously recom- mended denial of the Christopolous application and that the RG-16 (Residential) District remain as existing. Rezoning would be inappropriate in this area, and the use would destroy the integrity of the area as a rather stable residential use area. The Planning Commission was also concerned with the precedent which might be set as far as the other corners involved. The Planning Commission further recommended that "Holmes Court" be rezoned to RG-10 to recognize the existing and planned use of the area which is higher density residential; the Marguerite/Holmes st. corner property, which is a duplex, to RL-6 to make it compatible to the remaining zoning in the area; "Centennial Park" to E District and "Hansen Park" to E District. Mayor Marguth acknowledged a letter received from Keith Fraser, attorney for the applicant (Christopolous), which requested that the rezoning be tabled, and asked the City Attorney if it would be possible to table this one portion as requested and act upon the others, and was advised by Mr. Lewis that this would be possible. The Council discussed the request for continuance, and it was their decision to proceed with the public hearing. The Mayor opened the public hearing at this time. Mr. Eugene Hale, 1170 Glenwood Street, voiced his objection to a service station. Mr. Howard Schmalley, 1259 Marguerite, stated he was opposed to a service station and felt that the residential area had been under pressure from business for some time in various ways and needed protection. He did favor the other rezoning as outlined. There being no other comments, on motion of Councilman Uthe, seconded by Councilman Taylor, by unanimous approval, the public hearing was closed. A motion was made by Councilman Miller, seconded by Councilman Taylor, and passed unanimously, to adopt the recommendations of the Planning Commission. Prior to the vote, Councilman Uthe stated that it would be proper to grant one continuance to any applicant whatsoever; however, in terms of the land use planned for this area he was firmly opposed to a service station on this corner but did feel that they should have granted the one continuance, and Mayor Marguth concurred with this statement. * * * CM-22-242 January 5, 1970 The Planning Director generally outlined the property recently annexed to the City which is partially bisected by Murrieta Blvd. and presently used in part for an automobile service station, which use had been con- sidered to be appropriate along with other uses such as commercial office. The Planning Commission concluded that the automobile service station site be zoned CO-H (Commercial Office-Highway Combining) and that the remainder of the area be zoned CO (Commercial Office) District. PUBLIC HEARING RE ASSIGNNENT ZONING CATEGORY (S tanley Blvd. Annex No.4) The Mayor opened the public hearing on the assignment of a zoning category to the recently annexed area known as Stanley Boulevard Annex No.4. Mr. Dave Edwards, owner of the property, stated he would like to have CO-H District zoning for the entire property which had been anticipated when the annexation was entered into, inasmuch as a restaurant and possibly a motel was planned for the area, and the CO zoning would not permit this use except under a Conditional Use Permit. Mr. Edwards stated he did not feel that the area could be developed as an office complex as the shape did not lend itself to office use. There being no further comments, a motion was made by Councilman Silva, seconded by Councilman Hiller, and approved unanimously to close the public hearing. Mr. Musso explained that at the time the assessment district was discussed, it was requested that a plan be developed that would support the cost of an assessment district, and a list of uses was set up that had no bearing on zoning, such as service stations, restaurant, motels, lodge halls, some type of amuse- ment uses, or a church. The Council discussed the CO and CO-H Zoning Districts and the control contained therein; the fact that the justification for the assessment district was the service stations which are now constructed. Councilman ~ilva made a motion to rezone the . entire area to CO-Hi however, the motion died for lack of a second. Councilman Taylor stated the City could not possibly have an infinite variety of zoning categories and felt it was to their best interest to rezone to the CO category, and made a motion to accept the Planning Commission's recommendation, seconded by Councilman Hiller, and passed by the following vote: AYES: NOES: COUNCILMEN Miller, Taylor, Uthe and Mayor Marguth COUNCILMAN Silva * * * CONSENT CALENDAR The City Manager reported that our bond attorney has prepared a new ti~e schedule for our LDC Project and the formation of the Assessment District associated therewith. This is the first step in these proceedings which is the cancel- lation of the previous actions taken last~ring, and a resolution was prepared rescinding the action. Downtown Develop- ment Assessment District RESOLUTION NO. 1-70 RESOLUTION RESCINDING ACTION TAKEN BY THE CITY COUNCIL ON APRIL 7, 1969, IN DOWNTOWN DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERHORE, ALAHEDA COUNTY, CALIFOFNIA * * * CM-22-243 January 5, 1970 WRITTEN COMMUNICATIONS Written communications were received from the following: Cities of Los Angeles, Richmond, and Sacramento in reply to the City Council's request re ability to qualify for allocation of grade separation funds. Housing Authority advising term of Warren W. D:tvison as Commissioner of Housing Authority expires on January 26, 1970. Charles J. Conrad, Chairman, American Revolution Bicentennial Commission, re participation in bicentennial celebration. Beautification Committee re services of City's Landscape Architect for landscape master planning at certain schools. This letter was removed from the Consent Calendar for discussion as an agenda item at the next meeting. * * * Exempt Business Licenses Exempt business license applications were received from the following: Children's Home Society, Toyland Chapter - sale of tickets for movie day. Livermore-Pleasanton B.P.O.E. 2117 - solicit money January 9 to 26 - Gatti-Charles Circus - proceeds for Cerebral Palsey Program. * * * Minutes - Planning Commission Minutes were received from the Planning Commission for the meeting of December 16, 1969. * * * Payroll and Claims One Hundred ninety-nine claims and two hundred twenty payroll claims, dated December 30, 1969, in the amount of $193,241.90 were presented to the Council and ordered paid as approved by the City Manager. Councilman Silva abstained from voting on Warrants 5978 and 5843 for the usual reason. * * * Approval of Consent Calendar A motion was made by Councilman Silva, seconded by Councilman Taylor, and passed unanimously, approving the items on the Consent Calendar. * * * TRAFFIC VOLUME STUDY ALTERNATE PLANS FOR PUD #3 ~lEND- MENT Public Works Director Daniel Lee submitted a report re the traffic volume stUdy, in accordance with the Council's instructions, which presented three alternate street patterns which are being considered as part of the modification of PUD No.3 as follows: 1) elimination of Martha Street or Norma Street extension; 2) extension of the Norma Street over to Charlotte Way; 3) extension of Martha Street southeasterly to Charlotte Way. Mr. Lee explained the traffic study which was made, based on the information in the Traffic Engineering Handbook for the Institute of Traffic ~ngineers, and stated that the conclusions were a summation of the study and did not include a recommendation as to which street should be the choice. There are many other considera- tions to be taken into account as to the proper solution. From the standpoint of traffic volumes which are normally considered to CM-22-244 be acceptable within residential areas, either Plan A, B, or C would be satisfactory accord- ing to engineering standards. January 5, 1970 (Traffic Volume Study Alternate Plans for PUD #3 Amendment-cont'd) Councilman Uthe concluded that the issue is that this is an approved PUD which has been under way for many years and untouchable because it is a PUD and demonstrated the difficulty of using a PUD in zoning type matters. The people expected Norma Way to go through when they purchased their homes, and he felt that the City should proceed with the original PUD, with the recommended changes submitted by the Planning Dept., which are the closing of Roslyn and realignment of Charlotte Way and the moving of the shopping center, and multiple development. Councilman Hiller stated that the issue really before the Council was only whether or not to close Norma Way; Mayor Marguth stated the issue was traffic circulation; and Councilman Uthe stated the question was whether the neighborhood wishes to have a 50 ft. landscaped buffer between the single family homes and the multiple or do they want a series of duplexes with 5Q ft. back- yards and a street as a buffer. 1811 M(~~~ ) r ( Jz;C1.!,::.J::-, . Mr. Musso explained that the proposal before the Council was the street alignment, 6.78 acres of commercial area and one-story multi-family housing on the north side of Norma Way. A motion was made by Councilman Miller, seconded by Councilman Uthe, to affirm the recommendation of the Planning Commission that the extension of Norma Way between Martha and Charlotte Way be carried through. The intent of the motion was discussed, and the motion was reworded to state that the Planning Commission's recommendation to retain the original extension of Norma Way to Charlotte be adopted and to delete Roslyn Street. Mr. Anthony Varni, representing the applicant, Kaufman & Broad, Inc. asked to confirm one point which resulted somewhat in the last amendment of the PUD which was that the street alignment was their attempt to conform with the conditions placed on the extension of the PUD, which were that the convalescent hospital and professional offices be removed from the front of the development. This is their reason for appearing before the Planning Commission and Council. They will take the plan back to the Planning Commission, based on this ruling now that the streets are laid out and commercial is somewhat indicated on the east end of the property, and hope they will be able to bring it back to the Council so that by spring they can begin to build on the property. In other words, they are not trying to revise the map, but are trying to comply with the conditions of the extension. Dr. Joseph Plumer, 5271 Irene Way, thanked the Council for upholding the homeowners in keeping Norma vJay open. Dr. Plumer also stated his view that ecology was more important than profit and the developer has an obligation to close the school/park/play- ground gap which will exist as a result of their proposed develop- ment of multiple dwellings. Pat Gildea, 5333 Sandra Way, submitted a statement which in effect states support by the residents in the area for the continuance of Norma Way through to Charlotte as originally shown on the PUD, and this was signed by about 150 residents. Hr. Husso asked the Council if they were amending the PUD or only commenting on the Planning Commission's findings. There followed a discussion regarding the action referred to the Council, and Councilman Miller stated that the motion was designed only to resolve the question of the streets and to allow the Planning Commission to continue with their discussion on the amendments, and then ultimately the Co~~cil would see all of the CM-22-245 January 5, 1970 (Traffic Volume Study Alternate Plans for PUD #3 Amend- ment - Cont'd) amendments as recommended by the Planning Commission at which time they would make their final decision. Mr. Musso stated that the Planning Commission had completed their study, and it was now up to the Council to approve one of the exhibits as submitted. Councilman Silva stated if there was not a motion on the floor he would approve what was recommended by the Planning Commission and asked the Planning Director to restate the recommendation. Mr. Musso stated that the Planning Commission recommended amendment of Planned Unit Development Permit No.3 in conformance with Staff proposal X-2. Councilman Silva made a motion to amend the main motion to include the Planning Commission's amendment to PUD No.3 as per Plan X-2. However, Mayor Marguth ruled that the amendment substantially changed the intent of the motion, and therefore disallowed the motion. Mayor Marguth stated he was not concerned except with the Planning Director's interpretation of the action required of the Council. Mr. Musso stated that the action required was to accept the Planning Commission's recommendation to amend the Planned Unit Development Permit No.3, or the other alternative was to give it a preliminary approval and send it back to the Planning Commission. The City Attorney stated he did not see the relevancy of other matters after the motion is voted upon. If the Council would consider it like a zoning, they could then send it back to the Planning Commission with a comment; if they consider it in some other light, then they should have further consideration as to the specifics as to what is involved in this plan as not much had been presented in this regard. Mr. Varni stated that in the interim between the Planning Commission and this meeting with the Council they agreed to the extension of Norma Way and would rather have it approved as the Planning Commis- sion approved it; then they would come back with a site plan review. Mr. Musso stated that the Planning Commission acted in response to Mr. Varni's letter, which was in response to the Council's condition that he amend the PUD, and the recommendation given was a very positive recom~endation on the part of the Planning Commission for Exhibit X-2. Councilman Miller commented that the reason he wanted to send it back with the question of Norma Way resolved was to not freeze the rest of the Planning Department's discussion with the applicant. Mayor Marguth stated that if the action in the eyes of the Director of Planning can best be resolved by the Council moving away from this particular direction of discussion back to consideration of the proposed realignment of the entire PUD, then it would be in order to withdraw the motion and to discuss an entirely different motion and enter into a presentation of what is proposed for the area regarding development and related matters. Further, it is his interpretation that by the adoption of the motion on the floor, the Council is con- curring with the general traffic plan in the area, and they are concurring basically with the realignment or the reorganization in the area which the Planning Commission has approved in Exhibit X-2. He is not of the opinion that the Council has to act on a specific amendment and asked to be corrected if he was wrong on that point. Mr. Musso advised that this is what was requested by Mr. Varni and was what the Commission recommended--a change in alignment. Councilman Taylor stated he felt they should proceed with the general discussion re commercial and multi-family residential CM-22-246 Councilman Miller withdrew his motion and Councilman Uthe withdrew his second in order to discuss the issue further. January 5, 1970 (Traffic Volume Study iUternate Plans for FUD #3 Amend- ment - Cont'd) realignment, and felt that the motion should be amended or restated. Councilman Uthe made a motion to adopt the Planning Commission's recommendation and amend the PUD, seconded by Councilman Silva. Councilman Uthe commented that by the ti'ne they have finished discussing the amendment, they might want to change the location of the shopping center, and Mr. Musso replied that they had considered every angle, and generally the commercial is in conformance with the CN zoning regulations and the multi-family would be in conformance with the RG zoning regulations. The only change is in eliminating the convalescent hospital and commercial office area. Councilman Hiller questioned the setbacks and asked if it was possible to impose some larger setbacks than 15 feet and was advised by Hr. Musso that it was inappropriate at this time. Mayor Marguth asked the staff if there were questions on the recommendation of the Planning Commission, the intent of which is to discontinue the proposed use for the convalescent hospital and medical center, to relocate the shopping center to the corner of Charlotte and East Avenue, and to continue the RG-16 zon1ng. Mr. Musso added that all townhouse types of development could not be readily accommodated on this site without some further amendment. The Council discussed the relocation of the shopping center in relation to adjacent property, landscaping as a buffer, use of masonry wall, or both. Mr. Lewis advised that the developer had implied they were contemplating bringing in specifics regard- ing development of the property; if the landscaping was an issue, it would be proper to continue the matter and ask that the design be presented by the developer, and the Council could designate what is desired. Dr. Plumer commented that the property owners were not interested in the small shopping center proposed, but they were concerned about the large number of units planned for the area and the little amount of open space. Councilman Hiller made a motion to amend the main motion to approve Exhibit X-2 to include provisions within the amended permit to allow review of buffering between the CN, the RM to the north, and RS-5 to the east, and subject to revision of setbacks in the duplex area north of Norma Way, and the motion for amendment was seconded by Councilman Uthe. There followed a discussion relative to special setbacks; whether change in amount of setbacks would be considered a zoning change; and whether setbacks could be changed in a PUD. Councilman Hiller commented that the existence of PUD permits is a mechanism whereby the developers can get around the other provisions of the zoning ordinance, and he felt they are a disadvantage to the City. Also, he felt when there is an opi'ortunity to buffer single family residential, the City should take advantage of that opportunity, and this could have been resolved if the permit had not been extended. Mayor Marguth called for the vote to amend the main motion and repeated the motion; Councilman Miller stated it might be wise to split the amendment to the motion into two parts. Councilman Uthe suggested that the one amendment be for landscape and design review for the CN District. CM-22-247 January 5, 1970 (Traffic Volume Study Alternate Plans for PUD #3 Amend- ment - Cont'd) A vote was then taken on the first amendment to provide for the possibility for increased setback on Norma Way, and the motion failed 4 to 1 with Councilman Miller favoring the motion. A vote was then taken on the second motion to amend to provide as a condition of the permit that design review on the separation between the RM to the north and the RS-5 to the east be included, to be reviewed by the Staff and the Commission as a condition of the permit, and this amendment passed by unanimous vote. The main motion as amended is to adopt the Planning Commission's recommendation of the Proposal X-2 with the singular provision that an additional factor be included in the amended permit to allow for review by the City of the buffering between the RM to the north and the RS-5 to the east. The motion passed unanimously after the following discussion. Mr. Kenneth Bandtell, 1352 Kathy Court, stated that he was opposed to the deletion of Roslyn Way, mainly because there is no other access to Wagoner Farms other than East Avenue. When and if Charlotte Way becomes a collector street, then it would be another ball game. If the street is abandoned and the developer sells to another developer and it is decided to change the plan, they have given up a street, and felt this should be carefully considered. Mayor Marguth advised that Roslyn Way is not a dedicated street and the property owner has the right to put a barrier there if they choose, and was advised by Mr. Lee that there is a barrier now, and the Fire Chief is also concerned about the access to the tract and is interested in being able to get into the tract by way of Roslyn prior to the time the collector street is put in, which will be soon. Mr. Musso commented that with Charlotte Way installed, Roslyn Way would provide no real function for major traffic in the area. The Council asked the Staff if it was reasonable to request that Roslyn be left as a fire truck access until Charlotte Way is completed, and was advised that had been done. Mr. Varni stated that the City had requested them to put up the barrier inasmuch as there was a certain amount of danger in using a street that is not a dedicated street. Councilman Hiller questioned whether there could be public cul-de-sacs or some kind of public streets to serve the proposed multiple dwell- ing units. If the PUD is approved, then the Council has completely foreclosed themselves from requiring public streets in this area later, and was advised by Mr. Musso that this was in the design area and we would have no control if they come back with a conforming plan. The City Attorney advised that if it is contemplated that a sub- division map will not be filed, then there should be a condition in the permit in regard to streets and their conveyance to the City if they are going to be public streets, but this will not be known until we get more information from the developer. Dr. Plumer asked whether the Council feels that the decision to place 320 townhouses in a 20-acre lot is immutable, and asked if the Council had no conscience or feeling for the school board or the children in the area with no playground, and what recourse the private citizens had to get the Council to look at the situation as a whole and not as something they are anxious to have developed as it was a mistake in the first place to put it out so far. Mayor Harguth advised Dr. Plumer that they had no choice in the matter at this time as the permit had been extended until September. Councilman Miller made a motion to amend the main motion that the City may require construction and dedication of a public street CM-22-248 January 5, 1970 within the RG-16 zone in the area, however, the motion failed for lack of a second. Councilman Uthe stated that usually the Council does not want streets in an RG-16 zone as the City does not want to pay for the service costs, but wants to protect the location of the drives so that the public safety on the streets in the area is not handicapped and to make sure that the buildings conform to the fire code so that fire and police protection can readily be given to the residents of the property, and by these require- ments the plan has a detailed design review. If the plan does not meet the required standards, the permit will not be granted. (Traffic Volume Study Alternate Plans for PUD #3 Amend- mend - Cont'd) Councilman Niller asked if what Councilman Uthe stated about public streets was true and the City does have authority to require public streets and drives within an RG-16 area on the grounds of traffic safety on the periphery, then there is no need for his motion. He was advised that we could require that it meet certain standards but could not require that it be a dedicated street. Hayor Harguth summarized the issue by stating that the City does control driveways and has public safety factors that can be taken into consideration in the approval of the design. Planning Commissioner Glen Coffey suggested that the Council require a design review of the RG area by the Staff before the permit is issued, and Mr. Lewis stated that the original motion was much to that effect. Mayor Narguth summarized the action taken on the PUD permit, and Mr. Varni stated the applicant's agreement to the action. * * * AFTEE A SHORT RECESS THE HEETING WAS CALLED BACK TO ORDER 1.^1I TH ALL PRESENT. * * * The City Attorney briefly reported on the status of the Lounsbury property and its use. Mr. Lounsbury was found guilty on two counts of violation of a County Ordinance requiring a permit to run a junk yard and violation of the zoning ordinance which did not permit a junk yard in that particular location. The judge suspended sentence so long as Mr. Lounsbury commenced an application to secure a valid permit to operate within 90 days. If he did not select that option, he had another option to commence not later than the 90 days to clear up the property and remove the violations. According to the judgment roll, Hr. Lounsbury has one year from the date of the trial (which was in September) in order to perform, and until that one year is up he will be within his rights as long as he makes an effort to continue the removal. LOUNSBURY LAND USE * * * The Planning Commission has submitted for the Council's information a suggested recommendation for the operating agency of the Del Valle Reservoir requesting the prohibition of engine powered boats. A further concern was also expressed regarding the possibility of smog generated by vehicles en route to the reservoir and its effect on adjacent vineyards as well as possible pollution of the water, erosion of banks, and the incompatibility of power boating with other activities DISCUSSION RE DEL VALLE RESERVOIR USE CH-22-249 January 5, 1970 (Discussion re Del Valle Reservoir Use- Cont'd) conducted in the park reservoir facility. The Commission also stated their awareness of the fact that legal jurisdiction of the facility does not rest with the City; however, the area is within the Livermore Planning Area and for that reason should be of concern to the City. The Council discussed the recommendation and also the conern they have with the access to the sit~; concern with the recent news- paper articles which listed a 2% increase in smog without taking into account other factors which might apply and other conclusions which might be reached; the possibility of opposition to any development of the lake; and the question of access to the lake other than at the extreme southern end as now contemplated. Mr. Michael MacCracken, 818 Mayview Way, an interested citizen and chairman of the Del Valle Committee (which has been working for a quiet lake), expressed some concern with the environmental problems, how noise would affect the recreation use, and stated his feeling that since the area is within the General Plan of the Cit~ the City and its citizens should take a stand on the issue of use of the lake. M~ MacCracken indicated some further concern regarding off-road vehicles intruding on the enjoyment of others, water pollution resulting from power boating, and urged the use of electric motors only. Dr. Don Watson, 987 Via Seville, of the Clean Air Coordinating Committee expressed concern with the smog aspects and what the Council can do about it and commended the Council for telling the State what to do in many regards, but felt something could be done here. He advised that on January 14 there will be a public debate with representatives from Standard Oil, PG&E, and General Motors to tell what they are doing about the problem. Dr. Watson stated as far as lake usage is concerned, this community will have to pay the price. There is a law that all water resource lakes will have to be developed for reC1'eation; so the lake will be a tourist attraction, and we will have to consider a very limited opening to the public so it is not a question of power boats. Fred Rienecker, 2075 Buena Vista Avenue, stated this was an issue of power boats and offshore vehicles versus the environment. Dr. Plumer commented about the cigarette smokers and potential dangers of smoking, especially in theatres, which he felt to be even a bigger issue than the smog problem. Councilman Taylor is to prepare a proposal for next week's agenda stating a suggested policy of the City Council for possible adoption. * * * The Planning Commission has expressed its concern with the use of motorized scooters, trail bikes, motorcycles, and similar vehicles on public landS, particularly lands owned by the City and park areas which are undeveloped and unsupervised. Many of these vehicles are operated on private lands without permission of the land owner and are frequently being operated by children or other unlicensed operators, often to the detriment of adjacent property owners. The Commission suggests an ordinance be passed or some other method be employed to prohibit or regulate this type of activity, and also to recommend to the Recreation District that attempts be made to find suitable areas where this activity can be conducted. MOTORIZED VEHICLES ON PRIVATE PROPERTY Mr. Milo Nordyke, 2143 Chateau Way, and Richard Mallon, 4664 Almond Circle, complained of cycles in Robertson Park and Almond Avenue Park respectively, indicating the hazard of using such vehicles where children could be playing and horses using the trails, in CM-22-250 January 5, 1970 addition to the noise of such vehicles. }ir. Arnold Kirkewoog also complained of the same problem in the Sunken G~rdens. Mr. Chuck Kent, 480 Kent Court, and Mr. Jerry Bohan, Pleasanton, expressed their problem in having no place especially set aside for riding their vehicles. (l-'Iotorized Vehicles on Private Property-Cont'd) Councilman Uthe made a motion to endorse the Planning Commission's report, requesting the staff to investigate the methods by which motorized cycles can be regulated within the City and to prepare appropriate ordinances where necessary and to convey the feeling of the people who testified before the City Council and the Planning Commission that there is a need for controlled areas for these bikes. The motion was seconded by Councilman Taylor and passed unanimously. The need for a controlled area should then be referred to LARPD, and the group of cyclists which is preparing such a bike area should contact LARPD and possibly they could work in conjunction with the District. * * * The Planning Director explained the various riding trails planned for the area, and the parkways which include some riding trails as well as hiking and biking trails. It was decided to proceed with the installation of the horse trail on Ouezaltenango Parkway, and the bids will be solicited. QUEZALTENANGO PARKWAY DESIGN Councilman Uthe made a suggestion to install the trail system as designed as it will not be used for horses right now as there is no connection at the other end. Then the trail will be there if the City needs that traffic pattern for horses. It can always be converted back to turf at a later date. * * * The Public Works Director has submitted for the Council's information a copy of the water service area which the Cdlifornia Water Serice Company has submitted to the PUC to show two proposed extensions of their service area. One of the areas overlaps the City area; however, it is anticipated that City water would not be available here due to delays in the extension of Zone 7 water lines to the west. No action was recommended and the report was filed. CALIFORNIA WATER SERVICE A.BEA * * * ORDINANCE NO. 699 AN ORDINANCE AHENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY A}1END- ING SECTION 3.00 THEREOF RELATING TO IDNING ORDINANCE RE ZONING NE CORNER HOLlvlES ST. AND CONCANNON BLVD. On motion of Councilman Uthe, seconded by Councilman Miller, the second reading of the ordinance was waived, and by the follow- ing vote, the above ordinance rezoning the northeast corner of Holmes Street and Concannon Boulevard from RL-7 (Low tensity Residential) to Rs-4 (Residential) District was passed. AYES: COUNCILMEN Miller, Uthe, and Taylor NOES: COUNCILMAN Silva and Mayor Marguth ABSENT: None * * * CM-22-25l January 5, 1970 ORDINANCE RE SEC. 23A.12 UNDERGROUND UTILITIES ORDINANCE NO. 700 AN ORDINANCE AMENDING SECTION 23A.12, RELATING TO RESPONSIBILITIES OF PROPERTY OWNERS, OF CHAPTER 23A, RELATING TO UNDERGROUND UTILITIES, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Miller, seconded by Councilman Silva, the second reading of the ordinance was waived (title read only), and by the following vote, the above ordinance was passed: AYES: COUNCILMEN Miller, Silva, Taylor, Uthe, and Mayor Marguth NOES: None ABSENT: None MATTERS INITIATED BY COUNCIL (Townhouses) (Design Review Ordinance) * * * Councilman Taylor stated that townhouse develop- ment is the coming thing and felt the RS ordinance was designed to encourage cluster development and the RG allows for apartments, and asked if the City needed to do anything regarding townhouse proposals as he did not feel they fit into either zoning category, and after some discussion it was decided to discuss this further at a later date. * * * Councilman Miller stated that about a year ago the Council instructed the staff, Planning Commission, and Beautification Committee to draw up a design review ordinance and was advised that this would be coming up in the near future. (Appeal re Sign) * * * The County Planning Commission had approved a billboard for Kaufman and Broad, and Councilman Miller suggested that the action be appealed to the Board of Supervisors. The argument is that this is a finger in the City, and all the developers should be treated equally and not allow a special privilege to one. The City Clerk was instructed to prepare a formal appeal with regard to the matter. (Smoking in Theatres) was instructed to places. ADJOURNMENT * * * Councilman Miller stated that it had been suggested that smoking should be prohibited in theatres and felt it would be a good idea, and the City Attorney check into the laws governing smoking in public * * * There being no further business to come before the Council, the meeting was adjourned at 1 a.m., to a short executive session to discuss nominees to the Planning Commission. ATTEST CM-22-252 * * * Regular Meeting of January 12, 1970 A regular meeting of the City Council was held on Monday, January 12, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. PRESENT: Councilmen Miller, Silva, Taylor, Uthe, and Mayor Marguth ABSENT: None ROLL CALL * * * On motion of Councilman Taylor, seconded by Councilman Uthe, and by unanimous vote, the minutes of December 22, 1969, were approved as amended. MINUTES * * * The Mayor invited any person in the audience to address the City Council on any subject not on the agenda; however, no comments were voiced. OPEN FORUM * * * CONSENT CALENDAR The Investment Committee, consisting of the Mayor, City Manager, City Attorney, Finance Director and City Treasurer, has met to review the status of the investment of inactive funds. Interest earnings totaled $70,560.00. The report generally explained the investment policy regarding the deposits (bank time deposits and treasury bills). Because of the change in rates paid by investment in treasury bills, it was unanimously concluded that $275,000 would be transferred to federal bills and the remaining $150,000 should remain in equal time accounts in the three local banking. institutions in accordance with the policy of the Investment Committee. (Report re Investment Committee) Councilman Miller suggested that $15,000 be placed in time deposits in each bank with the balance to be invested in treasury bills. The City Manager explained, generally, the philosophy of the committee in making its recommendation, and it was decided that no change be made at this time; however, a further report was requested to be made in thirty days. * * * A request has been received from the Livermore Rodeo Association for permission to use the Civic Center site for a carnival during the annual rodeo celebration on June 13 and 14. It that permission be granted subject to the usual property use as follows: (Rodeo Carnival) was recommended conditions for 2. Public liability insurance to be filed with the City prior to the date of the show in the amounts of $100/$200,000 bodily injury and $10,000 property damage, naming the City as additional insured; Upon vacancy, the grounds and facilities shall be left in at least as good condition as when occupied; and No structures, off-street parking of vehicles, or any form of use shall be permitted within fifty (50) feet of the improved grounds of the public library. Further, the dirt roadway extending fro~ So. Livermore Ave. to the library off-street parking lot adjoining Pacific Avenue shall remain unobstructed. 1. 3. * * * Ct1-22-253 January 12, 1970 (Livermore Development Assessment District) The Bond Counsel has advised that certain pre- liminary action be taken in the formation of the Assessment District as follows: 1. Boundary Map - filed 2. Resolution approving boundary map 3. Resolution of Preliminary Determination 4. Resolution appointing Special Bond Counsel and authorizing execution of agreement 5. Resolution Directing Preparation of Debt Limit Report 6. Resolution requesting Jurisdiction of the County for making Improvements and Acquisi- tions within the Unincorporated Area of the Livermore Development District. (Mr. Ness, present at the meeting, advised that the resolution of preliminary determination was not ready for passage.) Mr. Robert Allen, 223 Donner, urged the Council to defer any action on the Livermore Development Commission Flan. As an experienced railway engineer he has worked in the Engineering Department on three railroads and is aware of the problems that come from rail- road relocations and feels that a shallow cut would be better than the design which has been proposed. On behalf of the American Tax- payers Union, he mentioned that BART holds the key to LDC, and without BART, LDC is a white elephant; further, to gate all major railroad crossings not now protected with automatic crossing gates costs roughly $25,000 per crossing and would provide almost the same safety as grade separations at one-fortieth of the cost. Existing commercial frontage on P Street and Livermore Avenue and First Street would not be destroyed as they would be within the LDC plan. If BART comes, the picture changes because there would be no streets that cross BART at grade and grade separation would be essential. Mr. Allen urged the Council to demand a BART engineering study to determine if the LDC project would be compatible with the BART line now or later as the savings would be tremendous. RESOLUTION NO. 2-70 RESOLUTION APPROVING BOUNDARY MAP RESOLUTION NO. 1-70 RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT RESOLUTION NO. 4-70 RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT, LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 5-70 RESOLUTION REQUESTING JURISDICTION OF THE COUNTY OF ALAMEDA FOR MAKING IMPROVEMENTS AND ACQUISITIONS AND/OR LEVYING ASSESSMENTS WITHIN THE UNINCORPORATED AREA OF THE COUNTY OF ALAMEDA WITHIN THE BOUNDARIES OF THE LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA * * * CM-22-254 Mrs. Valerie Raymond, president of the League of Women Voters, wished to remind the Council that the League did mean to suggest a jointly appointed committee to evaluate park planning in their communication. * * * An application for exempt business license was approved for the Latin Organization for Betterment for a dinner, fiesta, and various other fund raising activities during 1970. * * * On motion of Councilman Uthe, seconded by Councilman Silva, and by unanimous approval, the items listed on the Consent Calendar were passed. * * * The Beautification Committee has requested that the City's Landscape Designer, Mr. Fred Starlel, be utilized for landscape master planning at certain schools within the District. Mr. Parness requested that this matter be referred to the staff for investigation January 12, 1970 (Communication League of Women Voters) (Exempt Business License) (Approval of Consent Calendar) REPORT RE BEAUTIFICATION COMMITTEE PROPOSAL and later report. The Council discussed the legal ramifications and indicated their favor if the technical issues can be worked out with the School District, and the matter was referred to the staff for report as suggested. * * * At a prior time the Beautification Committee had suggested that two triangles at 5th and 6th Streets, adjacent to East Avenue, be reconstructed and expanded incorporating a one-way street pattern, and this suggestion was referred to the Planning Commission for report. The Planning Commission now suggests that further closures be made, namely 5th Street west of East Avenue and 7th Street at Livermore Avenue, which would tend to discourage through traffic on these neighborhood streets, keeping the traffic on the major streets as planned. Four suggestions were made as follows: (1) prepare a packet, showing the circulation plan, the beautification~an, and a brief explanation of the advantages of revising circulation; submitting this to the residents and property owners within the immediate area, advis- ing that a demonstration closure would be put into effect for a period of time after which a public hearing would be held; (2) publicity explaining the project and advising of the demonstration closure and subsequent hearing; (3) place the closure into effect and advising through signs at the closure that the demonstration is in effect and a public hearing will be held at a later time; and (4) conduct the hearing to obtain reaction to the project. In this way the City will have done as much as is reasonable. REFERRAL RE TRIANGLES AT 5th AND 6th STREETS consideration and Discussion followed on the suggestions; whether or not the extended closure program should include 5th Street west of East Avenue and 7th street; how traffic would be affected in front of the high school. Mr. R. M. Callaghan, representing Miss May Nissen and Mr. Elwin Mulqueeney, whose residences CM-22-255 January 12, 1970 (Referral re Triangles at 5th and 6th Streets-cont'd) face on the area of McLeod Street, proposed for closure, protested because his clients would not have access to their property. A motion was made by Councilman Taylor, seconded by Councilman Miller, to authorize the staff to conduct studies for the temporary closure of 5th and 6th Streets at East Avenue, making the suggested explanation re temporary closure to the owners (excluding 5th Street west of East Avenue and 7th Street). Dr. Joseph Plumer, with reference to the above, suggested that 5th Street be left open but to realign the street to eliminate the jog; block 6th Street at East Avenue and make it like a court with the entrance from McLeod Street, leaving McLeod Street open be- cause coming from downtown it has the police station and high school. If it is the plan to prevent traffic cutting off East Avenue down to 7th street and then making a right turn on Livermore Avenue, then prohibit a right turn at 7th Street and Livermore Ave. and to keep traffic off 5th and 7th Streets there are stop signs at So. Livermore and South L, and there could be stop signs at every intersecting street along there so people will not lose time. Dr. Plumer was~ed to submit his plan to the Planning Department for their review. Mr. Christopher Gatrousis, 5179 Diane Lane, pointed out that the Beautification Committee met with many of the residents adjacent to 5th and 6th Streets, and the plan that was presented was the same one that the motion was concerned with at this time, the complete closure of the streets. He explained that even with Mr. Lee's advice as far as traffic engineering, there was 100% opposi- tion to the plan, and the plan for one-way streets was proposed solely to reach some compromise with the people. Even if there is a temporary closure without public hearing, he felt there would be opposition and the plan will be defeated. Mayor Marguth made a motion to continue the matter for two weeks to give the property owners an opportunity to see the map, and this was seconded by Councilman Uthe, and the motion passed 4 to 1 with Councilman Miller dissenting. * * * REPORTS FROM THE MAYOR (Mayors' Conference) Propane Vehicles The Mayor reported that the City of Pleasanton and the City of Livermore made a proposal at the Mayors' Conference to consolidate the thirteen cities and the County in a program to establish a centralized servicing and maintenance garage for propane vehicles. Roy Renner and Tod Crawford have begun preparation of a technical report re the advantages and when the program might be implemented, which will be submitted to the City Council and other cities by January 21st, and that it be reviewed and considered for support of a county wide program. * * * Re Counties in BAAPCD District, each City they join There are three counties within the air basin-- Napa, Sonoma, and Solano County which do not belong to the Bay Area Air Pollution Control and it was suggested that a resolution be forwarded to in those counties and to the three Boards, urging that the District. On motion of Mayor Marguth, seconded by Councilman Uthe, and by unanimous approval, the following resolution was introduced: CM-22-256 RESOLUTION NO. 6-70 A RESOLUTION RECO~wlliNDING THE INCLUSION OF THE COUNTIES OF NAPA, SOLANO AND SONOMA WITHIN THE BAY AREA AIR POLLUTION CONTROL DISTRICT January 12, 1970 (Re Counties in BAAPCD - cont'd) * * * We do not presently have an ordinance, and there is no conflict with the BAAPCDistrict regulations. The Fire Chiefs will be receiv- ing the new regulations shortly and the City Attorney was directed to draft an ordinance for future introduction regarding this subject. (Backyard Burning) * * * The Mayor reported on regional concern re the deferment of the southern crossing of the Bay and its effect on BART. (Deferment of Southern Bay Crossing) A resolution was suggested which would outline the justifications for delay for further study. A motion was made by Mayor Marguth, seconded by Councilman Miller, and passed unanimously, to introduce the following resolution: RESOLUTION NO. 7-70 A RESOLUTION RECOMMENDING DELAY IN THE CONSTRUC- TION OF THE NEW BRIDGE ACROSS SAN FRANCISCO BAY, OTHERWISE KNOWN AS THE SOUTHERN CROSSING * * * The Mayor questioned the City Manager in regard to the NAB program, and the City Manager replied that the City does have a youth hiring program which coincides with the school's summer program, and it will be followed again this year as it has been in effect for many years. (Youth Hiring Program) * * * Councilman Taylor read his proposed policy resolution for use of the Del Valle Reservoir. The Council discussed the resolution gener- ally: traffic to the lake, possibility of a phased development; the possibility of restrictions on power boating. The resolution was introduced by Councilman Taylor, seconded by Mayor Marguth. An amendment was suggested by Councilman Uthe, seconded by Councilman Miller, as follows: "If some level of power boating is permitted, that it be restricted such that quiet uses of the reservoir area can be insured." The amendment failed by the following vote: POLICY RE DEL VALLE RESERVOIR AYES: Councilmen Miller and Uthe NOES: Councilmen Silva, Taylor and Mayor Marguth ABSENT: None The main motion then received the following vote, and the resolution was passed: AYES: NOES: Councilmen Silva, Taylor and Mayor Marguth Councilmen Miller and Uthe ABSENT: None CM-22-257 January 12, 1970 Del Valle Reservoir (Cont'd) RESOLUTION NO. 8-70 RESOLUTION REQUESTING CERTAIN RESTRICTIONS BE PLACED ON THE USE OF DEL VALLE RESERVOIR TO MINIMIZE TRAFFIC AND AIR POLLUTION PROBLEMS. Dr. Plumer commented that the Council did not want to support a quiet lake or a powerboat lake, and suggested that he be allowed to place an article in the paper with a coupon to be sent to the City Council, asking the people to vote llyesll or "noll to the pro- posal, llDo you want a quiet lake, or do you want it wide open to power boats?ll He felt this might influence the Council to take definite steps. Mayor Marguth suggested that the coupons be forwarded to the Livermore Area Recreation and Park District. However, Dr. Plumer reminded the Mayor that it was the Council who was making the resolution, and he wanted the Council to make the decision as a matter of public record. * * * CONDITIONAL USE PERMIT The Planning Commission has recommended approval for a Conditional Use Permit to allow a freestand- ing sign at 2341 Third Street, and on motion of Councilman Miller, seconded by Councilman Taylor, the Council voted unanimously to adopt the Planning Commission's recommendation as outlined in Resolution No. 1-70. * * * The Planning Director explained the request for ex- tension of the tentative maps for Tracts 3043 and 3044 (Proud Homes) which have been in effect for almost a year and a half and advised that the State law allows extension as does the City ordinance. Mr. Musso also advised that there are no circumstances that have changed with regard to the property but there is one change relative to the setback of a pedestrian walk, and the Planning Commission does recommend approval of the tentative maps. TENTATIVE MAPS (Tracts 3043 and 3044) The Public Works Director, Mr. Lee, advised that the engineering considerations as amended are not of any significance, but do re- flect the latest design criteria for streets. He did point out one area with regard to planting in Tracts 2923 and 3032 based on a horticulturist's report, and stated that the City would provide a greater amount of inspection in the hope that there will be better results, but it may be necessary for the developer to import top soil, and suggested that the Council consider adding conditions in the engineering considerations which would say, in effect, that if the planting was not satisfactory in the second unit, the developer would import top soil and do what is necessary for safer tree plant- ing as would be needed and other work as recommended by an accepted authority. A motion was made by Councilman Miller, seconded by Councilman Silva, to add to the Engineering Report, the commentary relative to the soil preparation just presented by the City Engineer. The Council discussed the planting problem and to what extent the City would accept the responsibility and whether or not the developer should be required to bring in top soil. Mr. Musso stated that the Planning Commission did not feel that this was a permanent solution of the problem, but Mr. Lee stated it would be permanent if there were eight inches of top soil placed. The City Attorney advised that the City Engineer recognizes that it is not the City's subdivision, but if there are problems we hear about them. The City Engineer, as a matter of law, should avoid any responsibility for the specifications, as we do not want to prescribe what is necessary to cure the soil, as it is the subdivider's respon- sibility, and he has a legal obligation to the buyer. CM- 22- 253 A vote was then taken on the motion and passed unanimously. January 12, 1970 (Tracts 3043/3044 Continued) A motion was made by Councilman Miller to accept the request of Proud Homes for extension of the tentative maps for Tracts 3043 and 3044, with the Engineering Conditions as amended according to the discussion of the City Engineer re soils and with the proviso that if the Truth in Subdivisions ordinance is adopted that this be included in the subdivider's tentative map. This motion was seconded by Councilman Silva. Before the vote was taken, Councilman Taylor questioned the plans for the drainage ditch which is to be down the center of a major street and to which Mr. Lee agreed, and stated perhaps the City should consider participation in undergrounding the ditch through that particular section, and the problems of undergrounding by means of conduit were discussed. Also discussed was the PUD in conjunction with the tentative tract maps; the fact that the PUD had been discussed in detail; after which time Councilman Miller withdrew his motion, and Councilman Silva withdrew the second. Councilman Miller then made a motion to approve the extension of the tentative maps for a period of sixty days to work out the details of the chain link fence on either side of the drainage ditch, if there is a solution, and the balance of the motion as stated above with reference to the Engineering Conditions and truth in subdivisions, and this motion was seconded by Councilman Taylor and passed unanimously. * * * The Planning Commission has expressed its con- cern regarding promises made by local subdivid- ers which have not been fulfilled. Public fa- cilities have been listed as future installations and, in some cases, have not been installed (schools, parks and shopping centers); also cited was the construction of patios in conjunction with model homes which may not be possible on the lot of a potential buyer. The Planning Commission concluded that the City Council be requested to prepare an ordinance requiring full disclosure of facts relat- ing to particular subdivisions or other development which might be a document submitted to home purchasers or through the use of signs located on future public facility sites. This ordinance would supplement the present state laws prohibiting misleading advertising. TRUTH IN SUB- DIVISIONS The Council discussed this recommendation, generally, and referred the matter to the City Manager's office for implementation. * * * A recommendation has been received from the Planning Commission re Zoning Ordinance amend- ment to Section 21.82-c re circus, carnival, bazaars and other temporary uses, and on motion of Councilman Miller, seconded by Councilman Taylor, and by unanimous approval, this proposed amendment was set for hearing on February 2. * * * Minutes of the Planning Commission's meeting of January 6, 1970, were acknowledged. * * * ZONING ORDINANCE AMENDMENT TO SEC. 21. 82 MINUTES - PLANNING COMMISSION CM-22-259 January 12, 1970 PROPOSED ZO AMENDMENT (Stanley Blvd. Annex No.4) On motion of Councilman Uthe, seconded by Council - man Miller, the reading of the ordinance was waived, (title read only) and by the following vote, the ordinance rezoning the property known as Stanley Boulevard Annex No. 4 from Unclassified to CO (Commercial Office) and CO-H (Commercial Office- Highway Combining) Districts was introduced: AYES: Councilmen Miller, Taylor, Uthe and Mayor Marguth NOES: Councilman Silva ABSENT: None * * * PROPOSED ZO On motion of Councilman Miller, seconded by AMENDMENT RE man Silva, the reading of the ordinance was MURRIETA BLVD (title read only) and by the following vote AND HOLMES ST. ordinance rezoning Holmes Court, Centennial HOLMES COURT, Hansen Park was introduced: CENTENNIAL PARK AND HANSEN PARK AYES: PROPOSED ORDINANCE RE FALLOUT SHEL- TER REGULATION MATTERS INITIATED BY STAFF (Meeting with LARPD) MATTERS INITIATED BY COUNCIL (Street Trees- East Avenue) (Flood Plain Zoning) CM-22-260 Council- waived the Park and Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth NOES: None ABSENT: None * * * Onmotion of Councilman Silva, seconded by Councilman Miller, the reading of the ordinance was waived (title read only), and by the following vote the ordinance re fallout shelter regulations being placed as a separate article in Chapter 6, in the Municipal Code was introduced: AYES: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth NOES: None ABSENT: None * * * Mr. Parness suggested that the Council set a date for a meeting with the Livermore Area Recreation and Park District, and the 19th of February was decided upon. * * * Councilman Taylor brought up the matter of planting trees along East Avenue, which is undeveloped on the one side and in the County on the other side, but suggested a possible agreement to have these trees planted now, and Mr. Lee advised that Mr. Wente is interested in the trees being planted, and the Public Works Department is in the process of drawing up maps for his review. * * * Councilman Miller stated that it is a recognized practice to adopt flood plain zoning, and felt this could be considered for major channels in the Arroyo Mocho and Del Valle, and the matter was referred to the Staff for consideration. January 12, 1970 Councilman Miller reminded the Council that he had asked about traffic enforcement at First and Holmes street with respect to trucks, and asked if a report was forthcoming. Mr. Parness advised that he had discussed the matter with the Police Department who had assured him that they have been watchful of the matter, but claim it is not a bad problem, having clocked the vehicles. (Enforcement of Traffic) * * * Councilman Miller referred to a letter from the League of California Cities re the conflict of interest law, and suggested that the Council consider for adoption a part of the ordinance adopted by San Jose with regard to ownership of real estate, and that it read, "disclosure of the ownership of real property in either Livermore planning area, or perhaps the Livermore-Amador Valley", because if someone is the owner of a large piece of subdividable land, it should be of knowledge to the voters. After some discussion the Council's decision was to refer the matter to the staff for consideration. Conflict of Interest * * * Mayor Marguth advised that Councilman Taylor had agreed to serve as the Council's representa- tive to the Valley Planning Committee. Valley Planning Committee Appointment * * * Mayor Marguth stated that it is his opinion, a Air Pollution part of the visible pollution is caused by the aggregate plants and introduced a motion to notify the BAAPCD that there is a possible pollutant situation occurring in our Valley by at least two of the plants and ask them to investigate this to see if it is necessary to cite or revise their standards. * * * There being no further business to come before ADJOURNMENT the Council, the meeting adjourned at 11:05 p.m. to a brief executive session to discuss appoint- ments to the Planning Commission, Housing Authority and Beautification Committee. APPROVE ATTEST * * * CM-22-26l Regular Meeting of January 19, 1970 A regular meeting of the City Council was held on Monday, January 19, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. * * * ROLL CALL PRESENT: COUNCILMEN Taylor, Uthe, and Mayor Marguth ABSENT: COUNCILMEN Miller and Silva (Councilman Miller on vacation) * * * MINUTES On motion of Councilman Uthe, seconded by Council- man Taylor, and by unanimous vote, the minutes of January 5 were approved as amended and the minutes of January 12 were approved as submitted. * * * OPEN FORUM Dr. Joseph Plumer referred to the Smog Air Pollution debate which was held on the 14th of January, and stated there was erroneous information given about lead and toxicity as a result of lead in gasoline. He suggested that the Council adopt a more meaningful resolution than the one referring to the aggregate companies, and although he was in favor of a ban against backyard burning, they cannot clamp down on big industrial people. Dr. Plumer mentioned the various levels of pollutants, and stated that sulphur was the highest content and was over the allowable level, and referred to Contra Costa which has the oil refineries and yet refuse to do anything. When the control district was established, they did not have the necessary paraphernalia to do their own findings and relied on the corporations to submit data to them, and as a con- sequence, they feel they have to protect these huge multi-million dollar corporations. He suggested that the Council and the other Bay Area cities tell the Control District that they are functioning for one purpose only, and that is for the public good, and they have no right to protect big industry and big agriculture and commission them to control pollution in the district. (Smog Air Pollution) * * * COUNCILMAN SILVA WAS SEATED AT THIS TIME. * * * CONSENT CALENDAR REPORT RE LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT The City Manager submitted a report advising that the assessment district law under which the proposed project is to be initiated requires the preparation of an elaborate engineering and assessment report known as the Special Assessment Investigation, Limitation Majority Protest Act of 1931. This requirement, merely another technical step in the proceeding, is usually precluded by a waiver authorized in the petition which is executed by 60% of the area owners of a District or in the absence of 15% of a postal return of the area ownership of a District. Neither of these processes has been used by us due to the size of our program and the critical nature of the time schedule. Therefore, this report must be prepared by law and a hearing held on its contents. The hearing, however, will be set at the same time and place as the major hearing on the formation of the district, and in essence, constitutes a formality according to a report from our financial consultant firm. It is recommended that a motion be adopted authorizing preparation of the Division 4 report for inclusion in the cost tabulation of this program. CM-22-262 January 19, 1970 Mr. Terry Rossow, 786 Catalina Drive, asked if the engineering report being considered is to be in addition to or instead of the intended post card protest survey which had been mentioned previously, and was advised by Mr. Parness that the engineering report contemplated here was in substitution for the post card survey which cannot be done now due to the critical nature of the timing plan, and this affects the application, the PUC, the award of monies therefrom, railroad grant, etc. As early as 1958 and as late as October 1969, it had been anticipated to have the post card survey done, but because of the lapse due to myriad of issues, it is not possible; but since it cannot be done, the Division 4 report will have to be done. Much of the information that will be gathered for this report will be usable in the final assessment engineering plans. (Report re Livermore Development Assessment District) Mr. Parness further explained that this will not substitute anything for the public hearing; as a matter of fact, it calls for a second public hearing which will be held concurrently on the same night. This law provision was adopted in the beginning of the depression years to inform property ownerships and potential buyers what the indebtedness of particular pieces of property was. In most assessment districts this process is waived during the petition process, and then if you don't have a petition, as in this case, post cards are mailed to all property owners asking if they want a Division 4 report prepared. In the absence of 15% response which says "yes, we do want it," the Council is not obligatec to have it prepared, so the next step is held which is the usual protest hearing. Now, the Division 4 report is going to be prepared and will be offered, and the hearing will be held on the same night as the regular hearing for protest on the formation of the District so two notices will be sent--one, the District 4 report, and second, the notice on the regular public hearing. Mr. Rossow still questioned the method of protest to be used, and was advised that this could be done by post card or letter at or prior to the public hearing for which notices will be sent. * * * Robert Allen, 223 Donner, commented on the artist's rendering of a train on an overpass on the cover of the brochure outlining the assessment district plan, stating that it looks like a passenger train, or possibly a BART train, and if so, the whole proposition of the Livermore Plan is being sold as a fraud. Mr. Allen then read a letter from the American Taxpayers Union to the Board of Supervisors in which an objection was made to the County's grant of jurisdiction to the City to include the proposed Portola Avenue Annex No. 4 in the assessment district, and further, that the City refuses to recognize competent testimony contrary to its own preconceived notions. PROTEST RE ASSESSMENT DISTRICT * * * An informational copy of a communication sent by the Alameda County Highway Advisory Committee to the California Highway Commis- sion and Public Works Department was acknowledged. COMMUNICATION RE SOUTHERN CROSSING BAY BRIDGE * * * CM-22-263 January 19, 1970 LIBRARY BOARD APPOINTMENTS (Arthur Henry and Kay Honodel) DEPARTMENTAL REPORTS EXEMPT BUSINESS LICENSE PAYROLL AND CLAIMS APPROVAL OF CONSENT CALENDAR REPORT RE ENCROACHMENT PERMIT (Shell Ser- vice Station) RESOLUTION NO.1O-70 APPOINTMENT OF MEMBER TO THE LIBRARY BOARD (Kay Honodel) RESOLUTION NO. 9-70 REAPPOINTMENT OF MEMBER TO THE LIBRARY BOARD (Arthur L. Henry) * * * Departmental reports were received from the following: Airport - activity and financial - December Building Inspection Department - December Civil Defense - quarterly, October to December Golf Course - December Justice Court - October and November Library - December Police Department - December Water Reclamation Plant - December * * * Application for exempt business license was received from Twin Valley YMCA - dance on January 24, Dania Hall. * * * Seventy-three claims and two hundred thirty-nine payroll warrants in the amount of $157,241.52, dated January 14, 1970, were presented to the Council and ordered paid as approved by the City Manager. * * * A motion was made by Councilman Silva, seconded by Councilman Uthe, and approved unanimously to adopt the items on the Consent Calendar. * * * The Director of Planning explained that this was the Shell Service Station located at the northwest corner of Portola Avenue and Murrieta Boulevard for which the applicant has a permit from the County to construct a service station. The City of Livermore has acquired the right-of-way on Murrieta Blvd., fronting on the easterly side of the station, and the company has come to the City for an encroachment permit to gain access to Murrieta Blvd. from that side. The question was posed as to what requirements the City should place, if any, on the issuance of the encroachment permit. Councilman Uthe stated that some months ago after the Planning Commission voted unanimously to oppose the location of the two stations at this particular intersection, and after the City Council voted unanimously to oppose the two stations, that the County approved the location and installation of the stations with septic tanks to avoid our requirements for a sewage connection permit. He advised that he and the Mayor met with Mr. Perry of Shell Oil Company to discuss the feelings of the Council on this CM-22-264 January 19, 1970 matter, and they made it very clear that the Council was concerned with inverse zoning by the County in ~ich the County plans uses in our Planning area and then turns them over to the City for service, and the City has no control on what the liabilities might be or what the land use might be, and all other attendant problems. Councilman Uthe stated that he had advised Mr. Perry that he would oppose any development of the corner to the best of his ability in any legal way he could find, and now with the request for an encroachment permit, he personally would vote against it in accordance with his statement. (Report re Encroachment Permit-Shell Sere Station) Councilman Silva stated that he would abstain from discussion as he had previously abstained inasmuch as there was a Standard Station across the street from this Shell station. Councilman Taylor made a motion to approve the staff recommenda- tion if Shell Oil Company will go along with the City's require- ments for design and site plan approval, which would mean there would be a station similar to the one on Murrieta and Stanley Boulevards. Mr. Lee explained that the applicant is not Shell Oil Company, technically; however, Shell Oil is processing the request, and they could not be present and have requested that the Council delay their decision until next week. The Council discussed the location and felt it was poor land use by planning to allow a station at this corner, and Councilman Taylor withdrew his motion, and the Council decided to continue the matter for one week, at which time they would also discuss annexation and a possible sewer connection. * * * A memorandum has been received from the REPORT RE Police Chief re the conflict in the closing POOL HALLS hours of the establishments whose primary function is not a pool or billiards parlor and the closing hours of the billiard facilities, and felt it would be appropriate to revise the ordinance so that the hours would coincide. Hr. Parness explained that this was an old ordinance and was intended for discipline of the younger men, and since there are curfews now, he felt it would be appropriate to rescind this regulation until such time, if ever, a problem arises on the regulation of billiard tables. A motion was made by Councilman Uthe to adopt the staff recom- mendation and repeal Sec. 17.7 of the Municipal Code. The motion was seconded by Councilman Taylor, and passed unanimously. The City Attorney will prepare an ordinance for later adoption. * * * ORDINANCE No. 701 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. ORDINANCE RE- ZONING MURRIETA BLVD. & HOLMES ST. On motion of Councilman Silva, seconded by Councilman Taylor, the second reading of the ordinance was waived, and by the following called vote the ordinance rezoning the southwest corner of Murrieta Blvd. and Holmes Street, Holmes Court, properties at 1208 and 1229 Fourth Street, Centennial Park and Hansen Park was passed: CM-22-265 January 19, 1970 (Ordinance No. 701) AYES: Councilmen Silva, Taylor, Uthe and Mayor Marguth NOES: None ABSENT: Councilman Miller * * * ORDINANCE ZONING STANLEY BLVD. ANNEX NO. 4 ORDINANCE NO. 702 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 Uthe, seconded by Councilman Taylor, the second reading of the ordinance was waived, and by the following vote, the ordinance zoning the recently annexed area known as Stanley Boulevard Annex No. 4 was passed: AYES: NOES: ABSENT: Councilmen Taylor, Uthe and Mayor Marguth Councilman Silva Councilman Miller * * * ORDINANCE RE FALLOUT SHEL- ORDINANCE NO. 703 TER REGULATIONS AN ORDINANCE AMENDING CHAPTER 6, RELATING TO BUILDINGS IN GENERAL, OF THE LIVERMORE CITY CODE, 1959, BY THE ADDITION THERETO OF ARTICLE IX, RELATING TO FALLOUT SHELTERS. On motion of Councilman Taylor, seconded by Councilman Silva, the second reading of the ordinance was waived, and by the following called vote, the above ordinance was passed: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth None Councilman Miller * * * PROPOSED ORDINANCE RE AMENDMENT SEC. 13.85 On motion of Councilman Taylor, seconded by Councilman Silva, the reading of the ordinance was waived (title read only) and by the following vote the ordinance amending Section 13.85 of Article VI, relating to mis- cellaneous driving rules, of Chapter 13, relating to motor vehicles and traffic was introduced: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth None Councilman Miller * * * REPORT RE SCHOOL CROSSING SIGNALS (Holmes st.) The City Manager reported that the State Division of Highways has agreed to modify the school crossing electric warning signal on Holmes Street in accord- ance with the proposal of the City. Mr. Parness has recommended that a motion be adopted approving the expenditure of $5,000 as a matching amount for state funds for this work, the sum to be derived from gas tax apportionment. This item had been removed from the consent calendar for discussion at this time at the request of Councilman Uthe, who commented that if you looked at the problem history and what is being proposed on CM-22-266 January 19, 1970 the northerly extension of Holmes for the sign mov~Signals - Holmes ing cost, he has a negative feeling in terms of street) the value gained. He feels that the crossing is now well protected from the high speed traffic coming from Vallecitos Road. Mayor Marguth questioned why PG&E refused to have the conductors placed on the poles, and Mr. Lee advised that it was because of the high voltage lines, and that at the higher elevations and lower elevations they have Pacific Telephone lines, and it is getting very crowded. It would save a considerable amount, but although there have been discussions, they are quite firm on their stand. Councilman Taylor felt that the Council should make a further request of PG&E because of the safety situation in the neighbor- hood, to please reconsider in this case for a temporary use of the poles until undergrounding facilities can be installed. A motion was made by Councilman Taylor, seconded by Mayor Marguth, to direct the City Manager to communicate with PG&E and advise them the Council is concerned about the safety in the area and this may be a possible aid in reducing the traffic hazard, how- ever the Council is also concerned about the excessive cost of placing temporary facilities and we would like to have PG&E re- consider their action, and the motion passed unanimously. * * * Councilman Silva stated that the meeting of the Council with the Livermore Area Recreation and Park District is scheduled for February 19, and there is also a meeting of ABAG for that same night, and wondered if one or the other could be rescheduled. Mr. Parness suggested that perhaps the Planning Director and two Planning Commissioners the ABAG meeting. MATTERS INITIATED BY COUNCIL (LARPD and ABAG Meetings) could attend * * * There being no further business to come before the Council, the meeting was adjourned at 9:08 p.m. ADJOURNMENT * * * APPROVEA&z/ ~ ~~ild/!{ . ayo~ , . (L...L-L ATTES CH-22-267 Regular Meeting of January 26, 1970 A regular meeting of the City Council was held on Monday, January 26, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. * * * ROLL CALL PRESENT: Councilmen Taylor, Uthe and Mayor Marguth ABSENT: Councilman Miller (on vacation) and Councilman Silva (due to illness) * * * PLEDGE OF ALLEGIANCE The Mayor led the members of the City Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES On motion of Councilman Taylor, seconded by Council- man Uthe, and by unanimous vote, the minutes of January 19, 1970, were approved as submitted. * * * OPEN FORUM Mr. Per Perry, representative of Shell Oil Company, (Shell Sta- advised that the Shell station at Murrieta and tion Dedication) Stanley Blvds. is completed satisfactorily enough to sell products and is in business, but it is their intent to have a formal dedication which has been delayed due to inclement weather, and advised that the Council, Planning Commission and staff would be invited to the dedication ceremonies. Mayor Marguth, on behalf of the City Council, expressed his thanks to Mr. Perry for the efforts and cooperation of Shell Oil Company in this service station site plan. * * * Railroad Crossings Mr. Robert Allen, 223 Donner, requested that the City Council attempt to completely gate the remaining rail- road crossings downtown in lieu of the LDC program. Mr. Allen explained the costs involved as compared to the grade separation structures proposed by the LDC program. * * * CONSENT CALENDAR The City Manager advised that a report is being pre- Fee pared re a claim for deficient fee payment filed on behalf of Dublin Properties alleging that an amount of approximately $37,000 is due them. Mr. Parness explained that this involves the collection of sewer and storm drain credits that the City has made and which is in a trust fund. It is claimed these are payable to one source, but an agreement with the originator of the project calls for the monies to be paid to another entity, so it is a legal question. It is recommended that the matter be referred back to the staff for processing and official denial of the claim. Claim for Deficient Payment (Dublin Properties) Mr. Lewis, City Attorney, explained that the probable outcome will be denial of the claim with the request that the parties, of which there are several claiming the same funds, either agree as to what they should accept or the City will deposit the money in court and let them argue about it, and the appropriate action would be to adopt a resolution denying the claim. CM-22-268 RESOLUTION NO. 11-70 A RESOLUTION DENYING CLAIM OF DUBLIN PROPERTIES, INC. * * * January 26, 1970 (Claim - Dublin Properties Cont1d) U.S. 580 Utility Crossings The Public Works Director reports that the City has asked the Division of Highways to include underground casings to accommodate future util- ity crossings of U.S. Highway 580 when it is upgraded to freeway standards, and this agreement has been prepared. RESOLUTION NO. 12-70 full RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Division of Highways) * * * Public Works Director Daniel J. Lee has sub- mitted the Sanitary Sewer and Storm Drainage Fee Adjustments and Credits as determined from the December 1969 Engineering News-Record llConstruction Cost Indexll, and has recommended that the fee ad- justment resolutions be adopted to place the revised fees into effect immediately. Sanitary Sewer and Storm Drainage Fee Adjustments RESOLUTION NO. 13-70 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF SANITARY SEWER CONNECTION FEES FOR THE CALENDAR YEAR 1970. RESOLUTION NO. 14-70 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF STORM DRAINAGE FEES FOR CALENDAR YEAR 1970. * * * Public Works Director Daniel Lee submitted School Crossing- three alternates for modifying the school cross- Holmes Street ing signal on Holmes Street, and the Council agreed to alternate (b) which would relocate the northerly pole, leave the controls where they are, lower mast arm and heads on both poles, replace signal heads with larger dia- meter heads on both poles at a cost to the city of $1250, and the matter was referred to the staff for a technical decision with the Council approval for this alternate. * * * Public Works Director Daniel Lee reported that there had been a delay in the completion of the traffic signals at Murrieta and Stanley Blvds. as a result of control equipment delivery, but that the signals should be functional by February 9, 1970. How- ever, should there be a delay in receiving the equipment, the contractor indicates he will install flashing amber lights on Stanley Blvd. and flashing red lights on Murrieta Blvd. * * * Minutes of the meeting of the Housing Authority of December 16, 1969 were acknowledged. * * * Traffic Signals at Murrieta and Stanley Blvds. Minutes - Housing Authority CM-22-269 January 26, 1970 Exempt Busi- ness Licenses Payroll and Claims Approval of Consent Calendar Applications for exempt business licenses were approved for the following: Sea Scot Ship 907 "Sea Turtle" - house number painting project for 1970 Livermore-Amador Emergency Fund Center - sale of used clothing and furniture during 1970 Cub Scout Pack 922 - project to raise funds for trip. * * * Seventy-four claims and two hundred twenty-six payroll warrants in the amount of $131,043.46, dated January 23, 1970, were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Uthe, seconded by Councilman Taylor, and by unanimous approval, the items on the Consent Calendar were approved. * * * The matter of closure of Fifth, Sixth and McLeod Streets was postponed from the meeting of January 12, to allow the property owners to review the design plans. The Planning staff feels that the matter should be continued for further study with the property owners and recommends that the matter be continued for an additional period of time. REPORT RE STREET CLOSURES On motion of Councilman Uthe, seconded by Councilman Taylor, and by unanimous approval, the matter was continued as recommended by the staff and by agreement with Mr. Mulqueeny and Mr. Callaghan. REPORT RE STREET LIGHTING (Vicinity Rincon Ave. School) * * * Councilman Taylor requested that the matter re street lighting adjacent to Rincon Avenue School be placed on the agenda and that the Public Works Director re- port on this subject. Mr. Lee displayed a map of the area and explained that there are three lights to be placed, and to provide underground wiring to steel poles and in- stallation of lights at this location would cost $1167. There are other ways that the lights could be placed: one would be on wooden poles, in which case PG&E would stand the entire cost. They would make the investment of putting in the poles and running the wire overhead to be served with electricity, placement of the lights and the City would pay so much per month for maintenance. This would not be desirable from an appearance standpoint. There is a modi- fied system that is more or less in between, and that would be steel poles which would be more modern looking with lights on them and being served by overhead wiring which would cost about $535. Councilman Uthe brought out the fact that the school was constructed under state building fund program, not by the School District; the plan checks were made by the state; the building inspections were made by the state, not by the City staff and we have no control over the design or construction, and he felt the state building fund would be the proper source of funds. However, Mr. Lee stated that plans for this school were reviewed by the staff, and the City was in error in not requiring lights. CM-22-270 January 26, 1970 Mr. Parness recommended that the City Council authorize the installation of permanent elec- trolier poles and fixtures, and that we do make an appeal to the state Department of Education for the oversight and ask for reimbursement to this extent. (street Lighting Continued) inadvertent A motion was made by Councilman Taylor, seconded by Councilman Uthe, and approved unanimously, to adopt the staff recommendation. * * * An application had been received from the Shell Oil Company for an encroachment permit for driveways along the Murrieta Boulevard frontage for a proposed service station at the corner of Portola Avenue and Murrieta Blvd. The use has been approved by the County, and Councilman Taylor made a motion to refer the matter to the staff with a recommendation that the encroachment permit be issued subject to an annexation agreement, sewer connection agreement and that the station be subject to staff design review. REPORT RE ENCROACH- MENT PERMIT (Shell Service Station) Mr. Musso pointed out that it should be determined whether or not the station would be highway oriented with regard to the freestanding sign. Mr. Perry stated that Mr. Harry Elliott was building the station on his own land, and he was only appearing as a technical advisor. Mr. David Madis, representing Mr. Elliott, commented that they felt the sewer connection to be an intelligent move, but also believed they were entitled to an encroachment permit, and Mr. Elliott would work with the staff as far as the design review is concerned, but felt it was a matter of law and that the encroach- ment permit should not be so conditioned. Councilman Uthe stated that Mr. Madis had a valid point regarding the law, and withdrew his second to the motion, and with the per- mission of the originator of the motion, made a motion that the encroachment permit be granted. Then if they wished to move to a sewage connection agreement, then on that motion they could add the requirement for design review. Councilman Taylor stated that as far as the protection of the people is concerned, the Council should insist that this station abide by the same conditions that other stations in the City do. However, after advice from the City Attorney, the alternate motion made by Councilman Uthe to grant the encroachment permit was seconded by Councilman Taylor, and approved unanimously. A second motion was made by Councilman Uthe that the applicant be requested to submit to a sewer connection agreement and to pro- ceed with the normal design review procedure within the City of Livermore, and this was seconded by Councilman Taylor and passed unanimously. Councilman Uthe made a motion as a matter of direction to the staff that the station not be considered highway oriented due to the traffic safety. Councilman Taylor commented that he was in agreement with Council- man Uthe, but asked for the staff recommendation in this regard. Mr. Musso explained that the Planning Commission has adopted a policy of 1500 feet from a freeway access ramp, which will be adopted as part of the limitation to the sign ordinance. After this discussion the motion died for lack of a second. * * * CM-22-271 January 26, 1970 The City Manager submitted a report regarding the recommendation from the Beautification Committee that the services of our staff landscape designer be extended to the school district for the composi- tion of landscape plans for at least five school sites. Mr. Parness has agreed, reluctantly, to grant staff time, as it is available, to work on these plans subject to the follow- ing points: 1) these services are to be performed over a period of time so that no interference would be made in any work assign- ment on City projects; 2) services shall be restricted to the location and variety of plant materials to be made at selected school sites; 3) no plans or specifications re irrigation systems shall be prepared; 4) the District will make available site plans which will designate accurately property lines, buildings, dimensions and other types of physical improvements; 5) the City would reserve the right to cancel or discontinue these services in the event press of City work so demanded; 6) no on-site super- vision as to planting or placement of materials; 7) no responsibi- lity will be assumed by the City, nor any of its officers or employees as to liability that may incur as the result of the pro- vision of landscape design services. REPORT RE LANDSCAPE ARCHITECT SERVICES A motion was made by Councilman Uthe, seconded by Councilman Taylor and approved unanimously to adopt the recommendation as stated in the staff report. * * * Two weeks ago the Council took action to request a delay in the southern crossing of the Bay; however, last week a request was received from Assemblyman Carlos Bee that the Council reconsider the action and to examine the reason and advantages of the southern crossing. A press release was submitted by Assemblyman Bee which indicated that Fremont was the only City still opposed to the crossing. A letter was received from the Division of Highways which indicated that a delay of a southern crossing would result in an additional cost of $85,000,000 and cost to commuters of $25,000,000. REPORT RE SOUTH BAY CROSSING Councilman Uthe stated that although he was opposed to the southern crossing, that in view of the complexity of the matter that the City withdraw its negative resolution and indicate to the Assembly that the matter will be given further study. On the other hand, Councilman Taylor stated he felt a delay was a reasonable thing as it is hard to decide where the best interests of the people of the East Bay lie , and would rather have the resolution stand. Mr. Parness expressed his opinion, stating that there are very strong points of view being expressed by cities more affected by the pro- ject than ours and would like to gather some data, but hoped that the Council would tentatively rescind the resolution even though it may wish to readopt an even more stongly worded resolution at some future date but felt it should only be done based upon a very close appraisal of all of the effecting factors. After some discussion on the matter a motion was made by Council- man Uthe to direct the staff to inform the proper legislative committee that the City of Livermore is withdrawing their resolution for further study and consideration, but the action is not the action of rescinding the resolution, and in addition, the Council requested that the City Manager obtain supplemental infor- mation to either affirm the existing resolution or to rescind the resolution. This motion was seconded by Mayor Marguth and passed 2 to 1 with Councilman Taylor dissenting. * * * CM-22-272 January 26, 1970 The Council had referred the possible pre- zoning of the Dolan property which had been proposed for annexation, and the Planning Director stated it was the staff's conclusion that there was a question of whether or not there should be multiple residential or higher density residential in the area between Rodeo Lane and Wente Ave.; it is not a General Flan amendment, but a precise plan decision or zoning decision. Also, the Planning Commission concluded that it is not a General Plan amendment unless the entire area is viewed; therefore, the Commission recommends that the General Plan Amend- ment is inappropriate. 1he Planning Commission further recommends that prezoning of the subject parcel not be considered because to do so would be contrary to City policy, would set precedent for similar prezonings, and could create many problems for the City. REPORTS FROM PLANNING C0l1MISS ION (Dolan Property) Mr. Musso advised that under state law the fOllowing alternatives are open to the City Council and the applicant: Accept the Planning Commission recommendations; City Council can initiate the General Plan amendment, or as is the custom, . Refer the matter back to the Planning Commission with specific instructions to initiate a General Plan amend- ment for the subject property; Similarly the City Council could instruct the Planning Commission to initiate rezoning of the portion of the property within the City and prezoning of the portion of the property within the County. The City Attorney should be consulted as to whether or not prezoning is allowed by local ordinances, notwith- standing the allowance under the Government Code. The property owner has the option of filing for a rezoning of that portion of the property in the City with the City and that portion of the property in the County with the County. Mr. Tex Spruiell, representing the applicant, stated that the applicant did not come to any decision except to refer the matter to the City Council, and stated his feeling that in order to proceed further an application to the County would be made. This in turn will be referred to the City for comment on a specific request. 1. 2. 3. 4. 5. Mr. Musso agreed that this was a very positive approach and gives the City the advantage of being able to take definitive action on a specific proposal rather than rezoning. A motion was made by Councilman Uthe, seconded by Councilman Taylor, and approved unanimous~y, to adopt the Planning Commis- sion's report. * * * The Planning Director explained that the Plan- ning Commission has considered the County referral of the application of Martin, Kirchgatter and Shell Oil Company for a Conditional Use Permit and variance to per- mit construction and use of site as a ser- vice station at the southeast corner of Vasco Road and Northfront Road. The staff and Planning Commis- sion recommendation is to accept the proposal subject to a sewer connection agreement with staff design review as a condition. (County Referral re CUP and Variance Appli- cation - SE Corner Vasco Rd. & Northfront Rd.) CM-22-273 January 26, 1970 (County Refer- ral re CUP and Variance Appli- cation - SE Corner Vasco & Northfront-- continued) A motion was made by Councilman Uthe, seconded by Councilman Taylor, to accept the Planning Commis- sion's recommendation. Mr. Per Perry commented that Shell Oil has applied to the County for a septic tank agreement with the intent of utilizing existing septic tanks from two houses that occupy the premises until such time as a benefit district or other type sewer district is formed and is available to the property. There followed a discussion relative to sanitary sewer lines in the area, and Mr. Lee explained the steps that had been taken toward extending the sewer line into the area. Councilman Taylor suggested that the staff send a letter to the County strongly requesting that no further development be allowed in the area without benefit of City sewer. The City is willing to extend sewage and to help form a district, and this recommendation was supported by Councilman Uthe. Councilman Taylor felt it should also be pointed out that the sign height exceeds even County standards. These suggestions were included asananendment to the main motion. The staff was also directed to circularize the area in an effort to form a benefit district and to advise the County of this also. The motion was then voted on and passed unanimously. (County Referral Re Rezoning - Intersection US 580 & El Charro Road) * * * The Planning Director explained that the County had referred an application for rezoning from A District to C-l District to permit a retail business use on the southeast quadrant of the interesection of U.S. 580 and El Charro Road. Mr. Musso stated that he had advised the County that this was on the periphery of the City's planning area and might never be in our City. The Planning Commission was upholding the County's highway interchange plan which proposed no commercial use of this interchange, and it is the Planning Commission's recommenda- tion for denial of commercial zoning. The Alameda County Planning Commission's recommendation to the Board was that the subject site be zoned M-l (Industrial). Mr. Musso advised that the City Council could either uphold the Planning Commission's recommendation or comment on the Industrial use proposal. Councilman Uthe made a motion to accept the Planning Commission's recommendation for denial, seconded by Councilman Taylor, and after some discussion the motion passed unanimously. Summary - Meeting of Planning Commission REPORT RE PARK ACQUISITION ORDINANCE RE REGULATIONS FOR VEHICLES WITHIN PARKS SEC. 13.85 Cl'1-22-274 * * * A summary of the Planning Commission's meeting of January 20, 1970, was acknowledged. * * * A report was submitted by the Planning Director summarizing the status of park acquisitions through City, School District or LARPD acquisi- tion and dedication by developers. * * * ORDINANCE NO. 704 AN ORDINANCE AMENDING SECTION 13.85 OF ARTICLE VI, RELATING TO MISCELLANEOUS DRIVING RULES, OF CHAP- TER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Uthe, seconded by Councilman Taylor, the second reading of the ordinance was waived, and by the follow- ing vote the above ordinance was adopted. January 26, 1970 (Ordinance re Regulations For Vehicles Within Parks Sec. 13.85 - continued) AYES: COUNCILMEN Taylor, Uthe and Mayor Harguth NOES: None ABSENT: COUNCILMEN Miller and Silva * * * On motion of Councilman Taylor, seconded by Councilman Uthe, the reading of the ordinance was waived (title read only), and by the following vote the ordinance repealing Sec. 17.7 relating to business hours re pool and billiard rooms was introduced: PROPOSED ORDINANCE TO DELETE SECTION 17.7 AYES: NOES: ABSENT: COUNCILMEN Taylor, Uthe and Mayor Marguth None COUNCILMEN Miller and Silva * * * Councilman Taylor reminded the Council and staff that in view of the annexation of a large piece of hillside property, it was time that the hillside development ordi- nance was discussed as it would aid the developer in planning for the area. MATTERS INITIATED BY COUNCIL (Grading Ordinance) Mr. Musso advised that there were two different ordinances-- one, the grading ordinance, and the other, the hillside zoning ordinance which took into consideration additional width and depth requirements based on grade and height restrictions for a downhill lot. Mr. Parness suggested that these ordinances and the design review ordinance be taken into consideration at an early study session. Councilman Uthe felt it would not be appropriate to be involved in debate on the grading ordinance at Council level until a reconciliation can be made between the engineering staff and FHA as they should be consistent because if the developer is under FHA in some cases they could not comply with both. He felt it was time that HUD did some good engineering in view of the problems of hillside homes in Oakland and southern California. * * * Councilman Uthe stated that they should have some type of permanent sign, perhaps of wood, at all City entrances which state "Welcome to Livermore Founded in 1869.11 If they moved away from the steel utility sign to the softer, more residential appearing sign, there would be no way of changin[ the population sign yearly. (S igning of Streets) Councilman Taylor reminded the Council that a committee had been appointed at the recommendation of Ribera and Sue to suggest some type of structure to advertise the City at the entrances. Councilman Uthe also asked if there was a program to replace street signs and was advised by Mr. Lee that there was, and that the signs would be larger, more legible, and more compatible with neighborhoods. It was the Council's decision to refer this matter to the staff. * * * CM-22-275 January 26, 1970 ADJOURNMENT APPROVE ATTEST There being no further business to come before the Council, the meeting was adjourned at 10:01 p.m. * * * ity Clerk , ivermore, California * * * Regular Meeting of February 2, 1970 A regular meeting of the City Council was held on Monday, February 2, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. ROLL CALL MINUTES OPEN FORUM Question re Previous Minutes Announcement re Meetings LDC Presenta- tion parking and stated that journing to 8:00 p.m. CM-22-276 * * * PRESENT: COUNCILMEN Miller, Silva, Taylor, Uthe and Mayor Marguth ABSENT: None * * * On motion of Councilman Taylor, seconded by Councilman Uthe, the minutes of January 26, 1970, were approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEN Taylor, Uthe and Mayor Marguth None None Councilman Miller (on vacation) and Councilman Silva (due to illness) * * * Mr. Robert Allen, 223 Donner, brought up a question con- cerning previous minutes. Mayor Marguth stated Council had ruled the minutes were not in error, only Mr. Allen's interpretation. Mr. Allen also stated his figures concerning gating of the railroad crossings were not correct, but that the cost was approximately 1% of the cost of the LDC program. * * * Mayor Marguth made an announcement regarding the LDC presentation schedule. These presentations will be held in the various neighborhoods - East Avenue area, Springtown area (tentative), Rincon School library, Joe Michell School - and will concern overall plans, but especially beautification, assessments in the downtown area. The City Manager the Council meetings would be held at 7:00 p.m., ad- various locations for presentations on the LDC at February 2, 1970 Councilman Silva questioned the emphasis of the meeting to be held in the Recreation Center on February 9, and Mr. Parness pointed out that this session will concern primarily the downtown area itself. Councilman Silva asked if these meetings would be considered as a part of the Council meetings, and Mr. Parness explained that these were to be held for informative purposes and the Council would be in attendance only to listen to pre- sentations and perhaps answer questions, not as a part of the Council meetings. Some discussion followed whether the Council should be in attendance on a more formal basis or whether the meetings should be considered as a part of Council meetings. Mr. Parness said that the intent was to allow the Council to hear the comments of the people and get their reactions to the LDC. Mayor Marguth asked that consideration be given to this matter during the week for discussion again. Mr. Parness stressed that these meetings are not a part of the public hearing scheduled for March 16, but are for discussion only, and protests will be heard at the hearing on March 16 as a part of the district forma- tion. (LDC Presentations Continued) * * * Mr. George Musso explained that this proposed ordinance had been modified since the subject was introduced in an effort to clarify the re- gulations. One change that had been made was the insertion of fllarge numbersfl to describe the type of gathering concerned. The purpose of this ordinance is to limit the type of uses, mainly circuses and carnivals, to ten days within any six month period on anyone site. PUBLIC HEARING RE ZO AMENDMENT OF Sect ion 21. 00, Sec. 21.82 (c) Mayor Marguth then opened the public hearing on this zoning ordi- nance amendment and Mr. Robert Allen, 223 Donner, asked how many people would be considered as fllarge numbers" in relation to this ordinance. Mr. Musso pointed out that this is governed by the circumstances, type of meeting, and site involved. It would not include gatherings of people in individual homes for meetings for religious purposes, but rather was meant to cover circus and car- nival type of gatherings. Mr. Lewis requested that under subsection fl(C)fl the wording be changed to read, flsuch uses shall be conductedfl, making the word- ing plural. - There being no further comments, on motion of Councilman Silva, seconded by Councilman Miller, and by unanimous vote, the public hearing was closed and the ordinance will be introduced later in the meeting. * * * CONSENT CALENDAR The City Manager advised that a new service wishes to locate at the airport within the site presently leased by Pacific Bridge Co. (Courtesy Aviation). The temporary quarters would be a trailer and the service is for aircraft radio repair; although the nature of these quarters is not attractive, the type of service is. Our Airport Committee recommends the temporary use be allowed. Trailer Occupancy Municipal Airport RESOLUTION NO. 15-70 A RESOLUTION AUTHORIZING USE OF TRAILER ON PREMISES LEASED BY FIXED BASE OPERATOR AT THE LIVERMORE MUNI- CIPAL AIRPORT. * * * CM-22-277 February 2, 1970 Report re Bicycle/Eques- trian Pathway The City Manager reported that the state has pre- pared the cooperative agreement for construction of a bicycle and equestrian pathway under the Arroyo Las Positas Bridge in conjunction with the widening and improvement of state Highway Route 580 which calls for our contribution of $1,860 for this work. The staff re- commendation is for adoption of a resolution authorizing execution of an agreement. RESOLUTION NO. 16-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (DIVISION OF HIGHWAYS, STATE OF CALIFORNIA) * * * Report re TOPICS Program The City Manager reported that a new program, Traffic Operations Program Increase Capacity and Safety, is designed to financially assist cities in the populous urban areas in relieving traffic problems, either through studies or improvement projects, or perhaps both. An appor- tionment has been calculated for our City for the current fiscal year in the amount of $32,248, based upon a specific formula. In order to qualify for this program it is necessary for our City to concur in the designation of a IICoordinating Agentll, and the engineering staffs of the various cities have concurred that the logical one to assume this responsibility is the County. There are no specific studies or projects currently in mind for the use of these funds, but such a matter will receive the review of our staff with an early report to the City Council. To qualify the City must concur in a coordinating agent. RESOLUTION NO. 17-70 RESOLUTION DESIGNATING COUNTY OF ALAMEDA AS COORDINATING AGENT FOR THE TOPICS PROGRAM. * * * Agreement re Portola Ave. Annex No. 4 An agreement has been signed by the property owner for the annexation of Portola Avenue Annex No.4. RESOLUTION NO. 18-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (PORTOLA AVENUE ANNEX NO.4) * * * Application of Section 23 of FHA to Livermore The Housing Authority Board has requested that the City Council notify the County of our desire to have the County Housing Authority jurisdic- tion apply to our City with regard to Section 23 of the Federal Housing Program. This program affords financial assistance to local agencies in the way of lease subsidies for low income lessees, and the law requires passage of a resolution. RESOLUTION NO. 19-70 RESOLUTION APPROVING APPLICATION OF THE PROVISIONS OF SECTION 23 OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, TO LOCALITY. * * * CM-22-278 February 2, 1970 The Director of Public Works submitted a Min- eral Quality Report on the Reclamation Plant effluent which had been prepared by Brown & Caldwell, which shows that the City is meeting the requirements as established by the Regional Water Quality Control Board, for the chloride increment and T.D.S. increments. It is recommended that the report be transmitted to the Regional Board. Report re Mineral Quality-Reclamation Plant * * * A written communication was received from Assem- blyman Pete Wilson in reply to a letter from Mr. Parness re proposal submitted during interim hearings on housing. Written Communications A letter was received from the Department of Water Resources re power boating on Del Valle Lake, advising that regulations are established by the Department of Parks and Recreation. * * * On motion of Councilman Silva, seconded by Councilman Taylor, the items on the consent calendar were approved unanimously. Approval of Consent Calendar * * * The City Manager presented a report regarding the LDC off-street parking credit policy. Dur- ing the detailed analysis by the Livermore De- velopment Commission and City staff, one of the questions was how to provide equity in applying assessment rates to property now zoned for parking and already in such use. It was felt that consideration should be given to property owners who have had to bear the cost of off-street parking under zoning laws of the City. In studying the problem there were three approaches open: (1) complete exemption; (2) uniform assessment without allowance for present off-street parking; or (3) some type of credit granted to these properties. It was decided that some type of credit should be worked out in the assessments against these properties for the LDC program. The properties that do have improved, public, non-restrictive off-street parking facilities that wish to pledge them irrevocably throughout the term of this assessment district, then only one-half of the applicable assess- ment rate will be applied against such square footage. As an ex- tension of this policy those properties that are later developed will be under this same requirement. REPORT RE LDC OFF-STREET PARKING CREDIT POLICY Councilman Taylor stated he was not sure he understood paragraph 3.a and how the assessment would be computed. Mr. Parness ex- plained that this section pertained to property which, at the time of the formation of the assessment district, was undeveloped. If at a later date the owner should apply for a building permit, the off-street parking would be computed and assessed at one- quarter of total assessment rate. The reason for this is that once the assessment is made it cannot be changed, but credit will be given for off-street parking provided on property which is now un- developed. Councilman Taylor asked Mr. Parness if this credit for off-street parking has been taken into account in the present computations of the proposed assessment rates, and was advised that it had been taken into consideration. A motion was made by Councilman Uthe, seconded by Councilman Silva, to approve this policy to direct the staff to draft an ordinance and the motion was approved unanimously. CM-22-279 February 2, 1970 RECESS AFTER A BRIEF RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT. * * * REPORT RE CUP (Harry Rosenberg) A report was given by the Planning Director re- garding a Conditional Use Permit submitted by Harry Rosenberg to allow construction and use of a 150 bed convalescent hospital on a site bounded by Portola Avenue, Pine Street, Junction and North Livermore Avenues. Mr. Musso reported that this property is now zoned RG (Suburban Multiple Residential), and the request is for a conditional use in this zone. The staff recommendation was for approval, subject to certain conditions set forth in the report, however the Planning Commission recommends denial. Mr. Richard Callaghan, representing Harry Rosenberg, asked that this matter be continued for two weeks in order that a revised plot plan could be submitted. After discussion, Councilman Uthe made a motion to accept the suggestion for a plot plan redesign and re- ferral back to the Planning Commission, which was seconded by Coun- cilman Silva. Councilman Taylor questioned the traffic generated by such use. Mr. Musso stated that it would be less intensive than a comparable number of apartments. Councilman Taylor said he felt that this would be a satisfactory use for this land as an RG-16 District presents problems. It would be in the interest of the community to avoid increasing den- sity, and this was a good stabilized use for the area. Councilman Uthe stated that this is a major entrance to the City and thus a focal point, and as such, the design, landscape and use of the land is important. Councilman Miller recalled that such a use had been denied recently, and he thought the Council had decided that this type of use should be located close to the hospital. Councilman Silva stated that he agreed with Councilman Taylor, that this use in this area relative to RG-16 was better because there are no school or park problems. He felt the submitted plan was not right for the site, but a new design would satisfy most of the Council's questions. After discussion of design and use of the site, the motion made by Councilman Uthe, seconded by Councilman Silva for plot plan re- design and referral back to the Planning Commission was withdrawn. A motion was made by Councilman Silva to approve the Conditional Use Permit for a convalescent hospital on this site and referral back to the Planning Commission for site plan approval and to get as much design review as possible. The motion failed for lack of a second. Discussion followed concerning approval of this land use, but the members of the Council felt that although, generally, they favored the land use, no action should be taken until further design plans were submitted by the applicant, working with the staff, for pre- sentation to the Planning Commission. The majority of the Council felt this land use would be appropriate if a better design was presented with relation to the neighborhood, traffic, parking, etc. Councilman Uthe made a motion, seconded by Councilman Silva, to refer the redesign back to the Planning Commission for their review and consideration. Comments made by Christopher Gatrousis, 5179 Diane Lane, representing theBeautification Committee, brought out that the Committee had presented a proposal that the City consider feasibility of purchasing CM-22-280 February 2, 1970 this land and extending the Portola Triangle Park. The purpose of this proposal was that this was a major City entrance and focal point, and the committee felt this land could be included in park land. Discussion by Council pointed out posal had been considered, but the cost involved pared with the amount of land involved. (CUP-Rosenberg Continued) that this pro- was large com- The motion was then approved by the following vote: AYES: NOES: ABSENT: Councilmen Taylor, Silva, Uthe and Mayor Marguth Councilman Miller None * * * Minutes of the Planning Commission meeting of January 20, 1970, were presented and approved. MINUTES - PLANNING COMMISSION * * * ORDINANCE NO. 705 ORDINANCE RE HOURS POOLROOMS AND BILLIARD ROOMS AN ORDINANCE REPEALING SECTION 17.7, RELATING TO BUSINESS HOURS, OF CHAPTER 17, RELATING TO POOL ROOMS AND BILLIARD ROOMS, OF THE LIVER- MORE CITY CODE, 1959. On motion of Councilman Uthe, seconded by Councilman Taylor, the second reading of the ordinance was waived, and by the following vote the ordinance was passed: AYES: NOES: ABSENT: Councilmen Miller, Taylor, Silva, Uthe and Mayor Marguth None None * * * The City Attorney reported that the draft of this ordinance, providing for amendment to the municipal code requiring declaration of real property holdings of candidates, City officers and principal City employees, had been prepared at the request of Councilman Miller. It is written to cover real property owned by candidates, officials and employees within the Township of Murray and defines ownership as far as those things which are not most common, such as ownership in trusts, corpora- tions, etc. to be based on the 3% rule. Mr. Lewis further stated there is no limit as far as amount provided by the ordinance. PROPOSED ORDINANCE RE DECLARATION OF REAL PROPERTY Discussion followed regarding preemption in this regard by the State, but it was agreed that the City is at liberty to adopt an ordinance of this type. Councilman Uthe pointed out that there is nothing in the ordinance relating to purchase of real estate by brokers who might have plans to own property or commission earned by them in sale of such pro- perty, nor is anything said about attorneys who receive fees for representation. Mr. Lewis replied that this would be covered by basic conflict of interest laws; the purpose of this ordinance is to place in front of the public those things which might influence those persons covered under the ordinance. Mayor Marguth suggested that the effective date of the ordinance be changed from April 15 to April 22, in order to coincide with the seating of the new Council. The April 15th date would include incumbents who are not running for office again and Mayor Marguth felt this was unnecessary harassment. CM-22-281 February 2, 1970 (Declaration of Real Property Councilman Miller felt that the purpose of this ordi- Continued) nance was for the office holders and candidates to disclose their holdings which have a bearing on their actions on the City Council; alteration of the date, as long as office holders and candidates are covered, has no bearing. Councilman Silva felt that this ordinance should exclude the princi- pal residence of the office holder or candidate plus that of his children and parents. A lot of time and work could be saved if this were excluded. I Councilman Miller stated his opinion that purity in election laws and disclosure of assets laws restore confidence of the public in government. It is important for the public to know those things which influence public officials before election so that the voters can come to an informed judgment as to who represents them. Councilman Uthe felt that these laws do not work as intended since corruption does not work through land ownership, but rather through persons in public trust demanding cut in profits through rezoning, tentative map approval, and so on. This type of law will not work since it only covers land ownership. People should understand that this will not make for pure government. Councilman Silva made a motion, seconded by Mayor Marguth, to change Section 2.56 (d) to exclude the principal residence of same. A motion to amend was made by Councilman Miller, seconded by Councilman Uthe, to set a limit upon the size of the acreage at one acre, and this was passed by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor and Uthe Councilman Silva and Mayor Marguth None The main motion to change Section 2.56 (d) was then passed by unan- imous approval. A motion was made by(councilman Miller, seconded by Councilman Silva, to delete the words minor children] from the proposed ordinan~~.~ ..~._ and the motion carried unanimously. ~-l Mr. Lewis explained that the term "beneficial interest" is generally used to describe that property interest where you have the use and benefit rights in the property and may not, in fact, just have legal title. Options are not usually covered by this interpretation. Councilman Miller made a motion, seconded by Councilman Taylor, to change Section 2.56 (e), second line, to read "real property or term option of greater than six (6) months..." The motion was approved unanimously. The members of the Council and Mr. Lewis discussed the interpretation of Section 2.56 (b) and (c) relating to definition of City officer and City employee. Mr. Lewis was directed to study this matter fur- ther and to report to the Council next week as to which employees would be included under this ordinance. On motion of Councilman Uthe, seconded by Councilman Miller, the reading of the ordinance was waived, and by the following vote the ordinance adding Article VI, relating to real property declaration, to Chapter 2 of the Livermore City Code, 1959, was introduced. AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth None None * * * CM-22-282 ,.,~ On motion of Councilman Uthe, seconded by Councilman Silva, the reading of the ordi- nance amending Ordinance No. 442, subsection 21.82 (c) relating to assemblages of people and automobiles, of Section 21, relating to special provisions, was introduced by the following vote: February 2, 1970 PROPOSED ORDINANCE RE SUBSECTION 21.82c (Assemblages of People and Automobiles) AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth None None * * * Mr. Lewis reported on a communication received from the City Attorney of Carmel, California, concerning an attempt to have the Unruh Act de- clared unconstitutional, null and void. The letter was sent to various cities inquiring if they would be interested in joining in the suite; or secondly, to obtain a statement as to why any officer or commission member was resigning because of this act. No action was taken by the Council. * * * MATTERS INITIATED BY STAFF (Unruh Act) Councilman Miller referred to the recent loss of HEW funds for the school system. The Coun- cil discussed any means of action open to them regarding this matter. Mr. Parness was direct- ed by the Council to send a telegram to the President, restoration of 874 monies to the school fund. * * * Councilman Silva proposed that an invitation be sent to the candidates for City Council to attend an informational meeting with the City staff in order to become aware of present and future plans of the City and so that the staff might answer questions regarding past or proposed actions. MATTERS INITIATED BY COUNCIL (HEW School Funds) urging (Invitation to Candidates - Informational Meeting) Mr. Parness felt the invitation should come from the Council itself and perhaps signed by the Mayor. Staff members would be available to brief candidates and answer questions. The Council directed Mr. Parness to prepare the letter of invitation for the meeting to be held approximately one week after the end of filing. * * * There being no further business to come before the Council, the meeting was adjourned at 10:10 p.m., to an executive session to consider appointments to the Beautification Committee and the Planning Commission, and further to meet at 7:00 p.m. on Monday, February 9, 1970, in the Justice Court Chambers, 39 South Liver- more Aven~. j) I L APPROVE (~ c()~~. ATTEST ADJOURNMENT CM-22-283 Adjourned Regular Meeting of February 9, 1970 An adjourned regular meeting of the City Council was held on Monday, February 9, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:08 p.m. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES OPEN FORUM Delinquent Business License Request for Subsidy - Rodeo Parade * * * PRESENT: Councilmen Miller, Silva, Taylor and Mayor Marguth ABSENT: Councilman Uthe * * * The Mayor led the members of the City Council and those present in the audience in the Pledge of Allegiance. * * * On motion of Councilman Silva, seconded by Council- man Taylor, and by unanimous vote, the minutes of February 2, 1970, were approved as amended. * * * The Mayor invited any person in the audience to address the Council on any subject not on the agenda; however, no comments were voiced. * * * CONSENT CALENDAR A report was presented to the Council by the City Manager concerning the delinquent business license for Import Car Sales. The staff recommendation was to adopt a motion authorizing the filing of a small claims action. * * * A request had been received from the Livermore Jaycees for a grant of $1,000 as partial subsidy of the annual rodeo parade. This procedure was approved last year providing an equal amount would be granted by the Rodeo Association. I/f~ Councilman presented two points for discussion regarding this matter. First, he felt that a complete financial report should be given by the Rodeo Association as partial sponsor. This was not done last year and should be enforced this year. Secondly, put on record the justification for expenditure of public money for this parade. Mayor Marguth pointed out that the parade is no longer put on by the Rodeo Association; rather it is now being handled by the Jaycees. It was decided by the Council to authorize $1,000 subsidy with an equal amount from the Rodeo Association. This will be the first year the Rodeo Parade will be run by the Jaycees. The City Attorney advised that the legal justification for the use of this money for the parade is that it does advertise the City. Discussion by the Council followed which stressed that this parade is a part of the City's heritage and an event looked forward to by the whole City. Jaycees hope to make it a financial success. Tract 2914 Acceptance of Improvements CM-22-284 * * * The Public Works Director has advised that all of the improvements in Tract 2914 have been installed to City standards and are ready for acceptance by the City for maintenance. RESOLUTION NO. 25-70 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 2914 (Jupiter Construction, Inc.) * * * Due to the resignation of Glen Coffey as a member of the Planning Commission, the appoint- ment of Gale K. Hovey was made to fill the vacancy. The term will expire October 1, 1971. February 9, 1970 (Tract 2914 Cont'd) Planning Commission Appointment RESOLUTION NO. 26-70 APPOINTMENT OF MEMBER TO THE PLANNING COMMISSION * * * Application for an exempt business license was approved for the Teen Canteen - operation of snack bar, Recreation Center, Eighth and H Streets. * * * Exempt Business License One hundred eighteen claims and two hundred Payroll and forty-two payroll warrants in the amount of Claims $128,523.60, dated February 5, 1970, were presented to the Council and ordered paid as approved by the City Manager. Councilman Silva abstained from voting on Warrant No. 6231, for the usual reason, and pointed out the designation should not be in payment of gasoline but for bitumals. * * * On motion of Councilman Miller, seconded by Councilman Taylor, the items on the consent calendar were approved unanimously. * * * Mr. Edwin Ness, representing the Bond Counsel for the Livermore Development Assessment Dis- trict, appeared before the Council to describe the procedures involved in the formation of the district and to explain some of the assessment information. Approval of Consent Calendar SPECIAL ITEM - LDC ASSESSMENT DISTRICT A memorandum was sent to the City by the Bond Counsel setting forth actions taken by the City Council to date and further proceedings necessary to formation of the District. At the meeting of January 12, 1970, the City Council directed the pre- paration of the Debt Limit Report. Therefore, the action by the Council should cover the filing of this report and setting a Public Hearing on this report for 8:00 p.m., March 16, and filing of the Engineer's report. On motion of Councilman Silva, seconded by Councilman Taylor, the following resolution was adopted and approved by unanimous vote: RESOLUTION NO. 20-70 RESOLUTION OF PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 CM-22-285 February 9, 1970 (LDAD Cont'd) A summary of the Debt Limit report was given by Mr. Harold Bare, of stone & Youngberg. This re- port includes Exhibit "B", a map showing general nature, location and extent of proposed improvements and a map showing lands to be assessed to cover the cost thereof; 2) Ex- hibit C, schedule showing the estimated cost of the proposed im- provements and the estimated cost of the incidental cost of the proceedings. Total estimated cost of the proJect is shown as $6,649,142. less estimated contributions of $2,852,000 for a total estimated amount to be assessed of $3,797,142; 3) Exhibit D, schedule showing each parcel of land to be assessed, and show- ing parcel number corresponding to number on map in Exhibit B, and the assessed value shown on assessment roll of Alameda County for fiscal year 1969-70. The total of said assessed value is $21,602,362. The assessed value of the improvements on such par- cels as shown on said assessment roll and the total of said such assessed values and improvements is $31,828,400. The true value of land only of such parcels calculated in accordance with the provisions of said special limitation major protest Act of 1931 is $43,204,734. Mr. Bare explained that under these proceedings the true value of land is a very fictitious figure defined in the old provisions of the state Code as being twice the assessed value, and is the true value for these proceedings only and in no way relates to actual market value. Mr. Bare continued with his report stating that the principal sum of all unpaid special assessments heretofore levied and all spe- cial assessments required or proposed to be levied under any com- pleted or pending assessment proceedings other than the instant proceeding assessments is $919,945.35. These are assessments out- standing with the Northern Sewer District and one or two street projects, where there are still bonds out that have not been paid off. The estimated amount of the assessment to be levied in the instant proceedings upon such parcels to pay the cost and expenses of the improvements total as mentioned above is $3,797,142. The land to be acquired under these proceedings consists of the various parcels, the exact location and detailed description of which will be determined during the preparation of construction drawings. Notice is hereby given that serial bonds to represent unpaid assessments and bearing interest at the rate not to exceed 7% per annum will be issued in the manner and form provided for in Division 10 of the streets and Highways Code of the state of California, Improvement Bond Act of 1915, to represent unpaid assessments, the last installment of which bonds shall mature in not to exceed fourteen years on the 2nd day of July next succeeding ten months from their date. Mr. Bare stated that this was basically the Division 4 Report with the resolutions necessary to be attached. A motion was made by Councilman Miller, seconded by Councilman Silva, and approved unanimously, to adopt the report of stone & Youngberg and setting the time and place of hearing thereon. RESOLUTION NO. 21-70 RESOLUTION APPROVING REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" ON THE PROPOSED PUBLIC IMPROVEMENTS IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND FIXING TIME AND PLACE OF HEARING THEREON. A motion was made by Councilman Silva, seconded by Councilman Taylor, and approved unanimously, to adopt the resolution of intention. CM-22-286 RESOLUTION OF INTENTION NO. 22-70 February 9, 1970 (LDAD Continued) IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND THE ACQUISITIONS TO BE MADE IN LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA Mr. Ness explained that pursuant to that resolution, the Engineer work of Mr. Daniel Lee is filing the Engineer's Estimate of Cost and the Engineer's Report, which includes not only the cost estimate but the plans and specifications for doing the work, the assess- ment roll and the assessment diagram, and the next Council action is to adopt that document, resolution and order preliminarily adopting the Engineer's Report and setting the public hearing for the same time and place as the debt limit report. Motion was made by Councilman Miller, seconded by Councilman Silva, and passed unanimously, to adopt the following resolution. RESOLUTION NO. 23-70 RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS, LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. A motion was made by Councilman Silva, seconded by Councilman Miller, and approved unanimously to adopt the following resolution: RESOLUTION NO. 24-70 RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES Mr. Ness explained that there were three notices being filed that required no Council action - Notice of Hearing on Debt Limit Re- port, Notice of Improvement which notifies the people of the hear- ing on the Engineer's report, and Notice Inviting Sealed Bids. Mr. Ness went on to explain further the procedure that would follow the adoption of these resolutions, and stated that the work would be bid in stages, the first of which involves the three underpasses which bids will be received on March 6. There will be a pre-bid conference on March 2, so that anyone who has taken out plans and specifications can be informed about what is trans- piring. Mr. Parness explained that notices of assessment will be deposited in the mail on Wednesday, which will be a dual notice in form - one notice of debt limit report, which is a technical requirement and the other will be calling attention of property owner to the hearing required to be held by the Council, scheduled for March 16, at which time every property owner has the right to have sub- mitted, in writing, a protest to the formation of the District. Following that will be an informational brochure which, hopefully, will explain just what is involved in the whole proceeding. In the notice of assessment will be a special letter which has been drafted, explaining simply what is contained in the official notices, and these will be mailed the end of this week. Mr. Robert Allen, 223 Donner, representing the American Taxpayers Union No. 115, asked if there was a particular form on which pro- tests are to be filed, and was advised that the preferred method would be by post card, with the description of the property, signature of the authorized owner and nature of protest. Mr. Ness stressed it was very important that the property be identified, and the notice that will be received will have the assessor's parcel number as well as the amount of the assessment. CM-22-287 February 9, 1970 (LDAD Cont'd.) Mr. Ness further stated he has never known a Coun- cil to count all protests, as such, but according to the law the protests must be in writing to de- termine whether there is a majority protest. Mayor Marguth explained that it has been the position of past Councils that the recorded technical, verbally presented and veri- fied protests did count. Mr. Allen then inquired if a petition, bearing the parcel numbers and signatures would be acceptable, and was advised by the Mayor that this would have to be referred to the Council. Mr. Ness explained that a written protest must also state the grounds for protest (nature of assessment, the whole district or what they are protesting). The assessment number should be shown as well as the parcel number on the written protests. He thought a petition would be acceptable if all of the requirements were met. The Council discussed the rules that should be followed in filing protests, and Mr. Parness urged that the Council not accept oral protests. In answer to a question posed by Councilman Silva regarding the possible use of a form, Mr. Lewis explained that the law was very explicit and since the parcel must be identified, as well as having a signature of the owner, he did not feel that a form should be prepared. It was the decision of the Council that the procedure acceptable to them would be that the assessment hearing protests would be in written form and petition type tabulations as long as they adequately describe the property, assessment roll number, the signature of the property owner and the reason of protest. These protests must be submitted to the City Clerk by March 16, 1970, at 8:00 p.m. according to law. SPECIAL MEETING RE LDC * * * The meeting was adjourned at 7:50 p.m. to the Recrea- tion Center for a presentation by the Livermore De- velopment Commission, to reconvene at the Council Chambers following the adjourned session. * * * THE COUNCIL MEETING RECONVENED AT 10:00 p.m. WITH ALL PRESENT EXCEPT COUNCILMAN UTHE. APPEAL FROM DECISION OF PLANNING COMMISSION CONDITIONAL USE PERMIT (Damon Canfield) * * * An appeal was submitted by Leonard and Joyce Grossman from revocation of use permit to allow operation of a nursery school at 306 No. Livermore Avenue and the denial of variance to permit reduction of setback of fence. This matter was continued at the request of the applicant until March 2, 1970. * * * The Planning Director generally explained the appli- cation for a Conditional Use Permit submitted by Damon Canfield to permit rental of automobiles and storage of same at 4186 East Avenue, stating that the use has been established since July, 1968, as a temporary use as it is not compatible with the single family residential character of the neighborhood. It is a particular use, of which there are several operating in conjunction with another, and Mr. Musso stated the best place for the use would CM-22-288 February 9, 1970 be somewhere near the Lawrence Radiation Lab, or (CUP-Canfield perhaps at the airport. The Planning Commission Continued) recommends approval for a six month period with the intent of not extending the use further. After some discussion relative to the location and improvements, a motion was made by Councilman Silva, to adopt the Planning Commission's recommendation with no specific reference to the fact that the use is to be terminated at the completion of the extension which is to August 1, 1970. This motion was seconded by Councilman Taylor, who stated that he agreed with the Planning Commission that shopping centers should not be the location for a permanent use of this type; that rental car services are used primarily by industrial people in the city; and since we are trying to encourage industrial growth, it is important to have a car rental available. The motion passed by the following vote: AYES: NOES: ABSENT: Councilmen Silva, Taylor and Mayor Marguth Councilman Miller Councilman Uthe * * * The Planning Commission had submitted the Tentative Map of Tract 3186 - Montclair En- terprises, located northeast of Alameda Drive between Yolo Way and Mendocino Road for the Council's consideration. The developer had requested, in writing, a postponement of this matter until March 23, and the Council agreed to a continuance until that time. * * * A summary of action taken at the Planning Commission's meeting of February 3, was dis- cussed specifically with reference to the Zoning Use Permit to allow a Day Nursery at 359 Jensen Street (Loris Ann Kenney). TENTATIVE MAP TRACT 3186 (Montclair Enterprises) SUMMARY OF ACTION (Planning Commission) Councilman Silva nlade a motion to appeal the Planning Commission's action approving the use; however, the motion died for lack of a second. Councilman Miller questioned the approved extension of PUD No.2, and asked how long the permit had been running and was advised by the Planning Director that it was issued in 1962, and he ex- plained that the only areas left to develop were some multiple sites, the shopping center site and the Elks Club. It had been reviewed in detail about four years ago by the Planning Commission. Councilman Miller remarked that when permits come up for a renewal they should have more than just a perfunctory look, particularly one that has been in existence for nine years. Mr. Musso stated that he had planned to request that the Planning Commission develop a set of zoning regulations and sometime in the next year rezone the property commercial, residential, or whatever is decided upon and let this ruling terminate the tem- porary permit. * * * The Planning Commissioner presented a report regarding the pending major developments in the community. Included in the report was a map with the areas designated by color: yellow showed pre- liminary development; red the approved development; and green, the property now under development. Councilman Taylor noted that LDC projections show the population doubling by 1980, and the figures shown in this report certainly bear this out. * * * REPORT RE PENDING MAJOR DEVELOPMENTS CM-22-289 February 9, 1970 ZONING ORDINANCE AMENDMENT SEC. 21.82 ORDINANCE NO. 706 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SUBSECTION 21.82 (c) THEREOF, RELATING TO ASSEMBLAGES OF PEOPLE AND AUTOMOBILES, OF SECTION 21.00, RELATING TO SPECIAL PROVISIONS. On motion of Councilman Silva, seconded by Councilman Taylor, the second reading of the ordinance was waived, and by the following vote the ordinance was passed. AYES: NOES: ABSENT: Councilmen Miller, Taylor, Silva and Mayor Marguth None Councilman Uthe * * * PROPOSED ORDINANCE RE REAL PROPERTY DECLARATION The City Attorney advised that several changes had been made in the ordinance as presented last week, and for this reason the action tonight would have to be considered as the first reading of this ordinance. Mr. Lewis pointed out the changes that had been made: under 2.56 (b) City officer was redefined; and under 2.59 a new section (2) was added to clarify what is required of candidates. Councilman Silva stated he felt that the ordinance should pertain only to the office holder, his spouse and minor children, and that the wording re parents and children over twenty-one should be deleted. He felt that extending this ordinance to include parents and children over twenty-one could be considered as infringement of their rights as citizens. The Council considered the question of inheritance in relation to possible action by office holders; and although there is logic and possibility behind this idea that inheritance could in- fluence office hOlders, the requirement could be considered excessive. Councilman Silva made a motion, seconded by Maryor Marguth, to delete the word "parents" and for the ordinance to read "his spouse and minor children" in the appropriate sections. The motion to amend failed by the folloWing vote: AYES: NOES: ABSENT: Councilman Silva and Mayor Marguth Councilmen Miller and Taylor Councilman Uthe In further discussion, Mayor Marguth stated he felt that this ordinance as it stands is a disservice to many conscientious citizens who will be forced to resign or who will be unable to accept appointments be- cause they have accumulated wealth or holdings, and disclosure of their holdings will put them in a position of potential public ridi- cule and exposure. Many good citizens will be excluded from public service. Mayor Marguth felt he could not support this ordinance. Councilman Taylor expressed his regret that this might apply to some of the people in the community; but the Unruh Act had been passed, and he felt that the people in this community were interested mainly in property held by public officers. This ordinance would encourage the faith of the public in their government, and it would quiet false rumors about hOldings of officers also. Councilman Silva agreed that it would eliminate many good candidates, and felt the conflict of interest law would be sufficient. Mayor Marguth said he would comply with the Unruh Act since it is a State law. However, he would make a public announcement that he would not support this local ordinance. CM-22-290 Councilman Niller reported many people had expressed to him their endorsement of this principle, as well as the one co vering campaign contributions, and he felt it would maintain confidence in City govern- ment. There is a general desire for voters to know as much as possible about those representing them in government. February 9, 1970 (Proposed Ordinance re Real Property Declaration - continued) A lengthy discussion followed as to whether this ordinance would increase the confidence of the people and accomplish better government as opposed to objections by citizens who might be asked to accept appointments or run for office. Councilman Miller made a motion to include the Board of Appeals under 2.56 (b) but the motion failed for lack of a second. At the close of the discussion, on motion of Councilman l.1iller, seconded by Councilman Taylor, the first reading was waived (title read only) and the ordinance relative to real property was introduced. This action rescinded the first reading of the previous meeting and reintroduced the ordinance with the in- corporated changes. The motion failed to gain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Hiller and Taylor Councilman Silva and Mayor Marguth Councilman Uthe This item is to be included on the agenda for a first reading at the next regular meeting. * * * On motion of Councilman Silva, seconded by Councilman Taylor, the proposed ordinance concerning a Municipal Code amendment pro- hibiting trespass on private property was introduced and the first reading was waived; however, prior to the vote on the motion Councilman Miller said he had some reservations about this ordinance and would like to have more legal background before adoption. On motion of Councilman Miller, seconded by Councilman Taylor, the matter was tabled for one week. The motion carried unanimously. Mr. Lewis was instructed to study this matter and to report back to the Council. * * * PROPOSED ORDINANCE RE MUNICIPAL CODE AMENDMENT Mr. Lewis, City Attorney, discussed various problems and situations which had arisen in the State as a result of the passage of the Unruh Act. Several acts have been introduced to change the Unruh Act. AB 430, which is presently under con- sideration, would require those officers covered to report all assets over $1,000, but in so doing only have to state whether that asset is worth more or less than $5,000. * .. * MATTERS INITIATED BY STAFF (Unruh Act) Mr. Parness stated the Housing Authority required adoption of a resolution rather than a motion as had been passed previously authorizing execution of the cooperation agreement between the City and the Housing Authority. On motion of Councilman Miller, seconded by Councilman Taylor, the follow- ing resolution was adopted and approved unanimously. (Cooperation Agreement - Housing Authority) CM-22-29l February 9, 1970 (Cooperation Agreement - Housing' Authority - continued) (S tudy Session) RESOLUTION NO. 27-70 RESOLUTION AUTHORIZING EXECUTION OF COOPERATION AGREEMENT BETWEEN CITY OF LIVERMORE AND HOUSING AUTHORITY OF THE CITY OF LIVERNORE * * * Mr. Parness suggested meeting on the 5th of March for a study session to consider some pro- posed ordinances, capital improvement projects, and other matters. Mr. Parness reminded the Council of their trip to Sacramento on the 11th of February fpr a meeting with the legislators. (Study on Use of Propane in City Cars) * * * Mr. Parness reported progress on this matter was rather slow, and there is very little available in the way of technical data; however, contact has been made with various organizations which are supposed to have material available. A local committee has agreed to help gather this data and setting criteria to use in a consolidated test program county-wide. Cities in the county have been contacted to gather information for use in this study, and it may be month or so before a report can be made. MATTERS INITIATED BY COUNCIL (Mayor s ' Conference) * * * Councilman Silva reported on the Mayors' Conference which he attended in absence of Mayor Marguth. The resolution made by Piedmont mayor was unanimously endorsed which requested the Attorney-General to reconvene or call a new grand jury to investigate the indictment of the 12 Alameda County deputies. Councilman Silva reported there will be a vacancy on the BART Board as Mayor Johnson of Berkeley is resigning. The four nominees were discussed. Mayor Marguth will look into the matter further and try to determine which nominee will serve the best interest of the community. ADJOURNMENT APPROVE ATTEST CM-22-292 * * * There being no further business to come before the Council, the meeting was adjourned at 11:30 p.m. to an adjourned meeting at 12:00 nODn, February 11, 1970, in Sacramento, California, and thereafter until 7:00 p.m. on Monday, February 16, 1970, in the Justice Court Chambers, 39 South Livermore Ave. Adjourned Regular Meeting of February 16, 1970 An adjourned regular meeting of the City Council was heB on Monday, February 16, 1970, in the Justice Court Cham- bers, 39 South Livermore Avenue. The meeting was called to order at 7:10 p.m. * * * PRESENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth ABSENT: None * * * On motion of Councilman Miller, seconded by Councilman Taylor, the minutes of February 9, 1970, were approved by the following vote: AYES: Councilmen Miller, Silva, Taylor and Mayor Marguth NOES: None ABSENT: None ABSTAIN: Councilman Uthe * * * The Mayor invited any person in the audience to address the Council on any subject not on the agenda. ROLL CALL MINUTES OPEN FORUM (Signs at Entrances to City) Mr. Jay Walton of the Chamber of Commerce spoke in reference to previous suggestions by the Beautification Committee regarding welcome signs at the entrances to the City. The Chamber of Commerce has been maintaining two signs on First Street and Portola Avenue for some time at a cost to them of $50 to $100 a year, and would like to see these signs improved. They are very interested in the suggestion of the Beautification Committee that new entrance signs be adopted, and the Chamber would like to work with the Beautification Committee along this line. The staff was directed by the Council to take this matter under advisement and to present a recommendation. * * * CONSENT CALENDAR Bids for the Quezaltenango Parkway had been re- ceived. This matter was referred back to the staff for review and necessary changes inasmuch as the bid price is substantially above the budget allotment. * * * Departmental reports were received from the following: Airport - activity, January Airport - financial, January Building Inspection Department - January Golf Course - financial and activity - January Fire Department - December Police and Pound Department - January Water Reclamation Plant - January * * * (Bids re Quezaltenango Parkway) (Departmental Reports) CM-22-293 February 16, 1970 (Grade Separa- A copy of a communication from the City of Los tion Allocation Angeles to the Public utilities Commission in- City of Los dicated that they will not be able to qualify Angeles) for their allocation of grade separation funds. The City Manager was instructed to reply, stating our gratification. (Entrance Signs to the City) (Exempt Business License) * * * A communication was received from the Beautification Committee regarding proposal for artistically de- signed signs at the entrances to the City and ex- pressing approval. * * * Application for an exempt business license was received from the Fraternal Order of Eagles for their annual spring festival, May 6 - 10, 1970. * * * (Minutes - The Library Board minutes of September and November, Library Board) 1969, meetings were acknowledged. Approval of Consent Calendar TENTATIVE MAP - TRACT 3064 (Kaufman & Broad) * * * On motion of Councilman Miller, seconded by Councilman Silva, the items on the consent calen- dar were approved unanimously. * * * Mr. Musso summarized the items involved in the request by Kaufman and Broad for amendment to the tentative map for Tract 3064 which is located north of East Avenue within the area commonly referred to as Wagoner Farms Annex. He stated that the main issue is one of density. This tract had been originally approved for 339 units; as it was resubmitted there were 367 lots. Since this map was last considered, the ownership has changed and there are now three major owners of the property involved. Any increase in the density of this area would in turn have to come from the area to the north by terms of the permit. A chart was presented showing the various alternatives as far as what has been approved, proposed and developed. The Planning Commission recommends that the existing public work requirements be maintained, that the approved number of lots be maintained, that .the redesign be allowed, and that the improvements on the school property not be required. Mr. Lee, Public Works Director, added that full improvements on Charlotte Way will be required to East Avenue and also the widening of East Avenue between the old Wagoner Farms development and the east line of the Planned Unit Development. Mr. Musso further added that the recommended density as shown on the chart is the density which is already approved. The requirements placed on the tract originally were discussed by the Council. In response to a question from Councilman Silva, Mr. Lee stated that the first time the map for Tract 3064 was approved by the Council, it was required that East Avenue improve- ments be made after completion of 75 homes north of the Arroyo Seco. The staff recommendation is the same as that made before, which is that the improvement of East Avenue be made immediately and guaranteed along with the approval of the map. The Council had delayed the improvements until after the completion of the 75 homes since the County was not ready to do anything at that time, but it seems that CM-22-294 February 16, 1970 the County is now ready to procede with East Avenue improvements. Councilman Uthe stated he believed that only the undergrounding of the telephone lines and installation of sidewalks was the phase that was to be delayed until completion of 75 houses, but that they had to bring Charlotte Way through and widen East Avenue and underground power lines with the start of the next development as a part of approval. Mr. Musso in- dicated that the East Avenue improvements including water lines, curbs, gutters, and street improvements were to be installed at the completion of 75 homes north of Arroyo Seco and further improvements at completion of 150 homes, including the under- grounding of communication lines, street lights, sidewalks, etc. The staff is recommending that all of these be installed immediately. (Tract 3064 Continued) Mayor Marguth suggested that approval be subject to the original terms of the permit as stated or in conjunction with City and County improvements on East Avenue, whichever is earlier. In discussing the requirements that had been placed on the approval of the development originally, the Council questioned whether these conditions had been a part of the PUD or approval of the tentative map and Mr. Musso stated that they were strictly tied to the tentative map, not a part of the PUD. The request presented by the developer now is for an amendment to the map as it exists now. Councilman Miller said he recalled that the requirements in- cluded the sidewalks and fence by the school. Mr. Lee pointed out on the map that the part of East Avenue under consideration was 300 feet east of Mitra street easterly to the east side of the PUD. Mayor Marguth said that this was a fairly heavy investment and that if the Council is going to ask the developer to put in these improvements it should be in conjunction with the City improvements in the area or when a certain level has been reached. Councilman Miller said his feeling in the matter was that this tract was eight or nine years old now, and he felt these improve- ments should have been made as the rest of the tract went in because of the traffic generated by the tract and supported the staff's recommendation. The County now plans to go ahead and widen East Avenue in the vicinity of Mitra street, but would probably go ahead if they knew Charlotte Way was going through presently. Mr. Steenblik of R. M. Galloway & Associates, engineers for this tract, pointed out that Kaufman & Broad had purchased this property since the original map was filed. Each owner has its own requirements and way of doing things, and this had necessi- tated some revisions in lotting requirements. Kaufman & Broad has accepted heavy financial responsibilities in regard to this tract. They plan to build a good house in medium price range with a cabana club, etc. and will be built under the Kay Homes label. There are 628 units allocated for Tract 3064 and all of the property in front. A plan for 202 townhouse units, 28 duplexes and 4e apartment units in the front leaves a total of 350 units for the back, and this total of 628 units can be adjusted according to the number of units approved for the tract front, leaving the remainder for the back portion. Therefore, the applicant is asking that they be allowed to proceed with the first two units of 66 dwelling units and cabana club and 63 lots respectively. A motion was made by Councilman Miller, seconded by Councilman Uthe, to adopt the Planning Commission's recommendation and that no additional lots be authorized. CM-22-295 February 16, 1970 (Tract 3064 Continued) There are 1291 units allocated for the entire area. Of this number 243 are set aside for Garms and Wagoner, 420 have been built, and 628 are left for Tract 3064 and all of the front property. Mr. Anthony Varni, attorney representing Kaufman & Broad, restated the applicant's in- tention to let the 628 units allocated to the Tract 3064 and the front of the property be flexible until the number of townhouses is settled, and then use the rest of the units on Tract 3064. The 243 units will remain constant and the decision on Tract 3064 will not affect this. Councilman Uthe stated he was not aware of the proposed townhouse development and would like to give the subject more study. Mr. Varni requested that the applicant be allowed to go ahead with the 129 units for Units 1 and 2 since this number of units is within the allowed density. The RL-6 zoning would be used to which the map conforms. Councilman Uthe stated he would not mind going along with the appli- cant as far as the 129 units is concerned but would like to give more thought to the whole program. Councilman Taylor said he would like a comment from the staff on approving just part of the map. The Council has never approved part of a map. Councilman Silva felt before approval can be given the public works issue must be resolved. Councilman Miller pointed out that the applicant can start on improvements as the map stands. Councilman Uthe made a motion that the matter be tabled for two hours and thirty minutes, which was seconded by Councilman Miller and approved unanimously. * * * THE COUNCIL MEETING RECONVENED AT 10:45 p.m. WITH ALL PRESENT. * * * (Tract 3064 Continued) After reconvening the Council discussed the request of the applicant further. Councilman Miller pointed out that one solution to the problem would be to approve the Planning Commission's recommendation and there would be no question about the applicant starting on the public works and 129 units. Secondly, the total of 1291 was based on commercial that was released, some industrial that was rezoned and some land set aside for churches which was not used for this purpose, which increased the number to the 1291 total. However, the cabana club is now being formed and these four lots should be subtracted from the total, leaving 1287 which is the proper number of lots based on this change in use. Councilman Miller further stated he would like to resolve the ~roblem of the number of lots allowed first - which would be the 1287 total. Tract 3064 has been discussed in detail before, but the issue now before the Council is a request to increase the density. Therefore, the motion to adopt the Planning Commission's recommendation would allow the applicant 338 lots, but the applicant is asking for 350 lots, or a difference of 12 lots. Councilman Taylor stated that this part of the PUD was supposed to be developed under RL-6 standards, and this developer has submitted a map which still meets RL-6 standards, which is a lot size stan- dard - not a density standard and the additional lots are due to a redesign by this developer. This area cannot be developed under RL-6 standards, and at the same time have a set number of lots allowed due to a previous design. How can both standards - RL-6 and density - be used for determining the number of lots allowed? Councilman Silva felt in this case the RL-6 standard has been set, and if this rule is applied then the design can produce more or less than previously planned. CM-22-296 February 16, 1970 Councilman Miller said many original planning and development permits give a certain number of units to be developed under certain standards of zoning. In this permit a certain number of units were given to be developed under RL-6 standards for single family units. There is a fixed number of units in PUD. This is not a RL-6 subdivision; it is a part of the which limits the number. (Tract 3064 Continued) the the PUD Mr. Varni pointed out that what Kaufman and Broad is asking is that the additional number of single family homes be deducted from the number of townhouse units to be allowed. Mayor Marguth summarized the allocation of units for the develop- ment: 243 units reserved for the other developer; 420 already built; which leaves a total of 628 aggregate for Kaufman & Broad for single family and townhouse and multiple units. Of this 628 aggregate, 350 would go into the tract area and 278 into town- house and duplex units. Councilman Miller stated that 16 d.u./acre has been approved for the multiple but not for townhouses. If townhouses are approved, the density figures may have to be adjusted. If townhouses are included, the permit would have to be amended. A change in the number of children in the schools due to townhouses changes the circumstances; and townhouses are not equal to multiples. This implies a density transfer, and does not seem a rational way to go in the matter. Mayor Marguth felt that the Council should decide if at some point in time they will be faced with a density transfer, and Councilman Silva said that approval of the proposal would be allowing a density transfer. Councilman Taylor stated that the Council had not yet seen plans for the townhouse units which might change the density concept, and suggested a delay. Councilman Silva said he felt that this is a point to be con- sidered as townhouses might develop a density they would not be happy with, but the applicant is asking for approval of 129 dwelling units tonight. This can be approved without making a commitment for the remaining units. Mayor Marguth felt that the majority of the Council was receptive to RL-6 standards being applied; the thing that concerned him was the part about !lor residue!l, or swapping density between the tract and the front. If this means the number may go down, this would be agreeable, but if it means this number would go up, then this is a new problem. Councilman Miller questioned if the Council intended to abandon the PUD and regard this as a RL-6 subdivision. Mayor Marguth restated that this was to be treated as RL-6, but if the Council is to be equitable, the applicant has to be allowed an overall density. They can apply RL-6 standards as long as the number of units allowed is reasonable, but they must abide by the total number of dwelling units stated as long as the 243 units set aside for other developer is not changed. Councilman Taylor felt the whole purpose of the PUD was to set a certain number of units to be developed and to abide by that overal density. Usually one part of the development is not con- sidered by itself; the whole PUD is considered and the overall density is set. After further discussion, Pat Gildea, 5333 Sandra Way, questioned the effect of approval of this Tract 3064 under RL-6 standards CM-22-297 February 16, 1970 (Tract 3064 Continued) on the portion belonging to the other developer. It was explained that the other developer is already zoned under RS zoning and, therefore, is subject to the set density of 243. The motion to approve the amendment to Tentative Map, Tract 3064, with no increase in number of lots and that the water lines, curb, gutter and street improvements be installed at completion of 75 homes with full improvements at completion of 150 homes failed by the following vote: AYES: NOES: ABSENT: Councilman Miller Councilmen Silva, Taylor, Uthe and Mayor Marguth None A motion was made by Councilman Uthe, seconded by Councilman Taylor to permit the developer to start on the 129 units (Units 1 and 2) and that public works improvements be installed as recommended by the Public Works Department along with commencement of the addition. Councilman Uthe stated he was willing to look at the design for the townhouses on the south part, but doubts that townhouses will fit in there. This issue of 221 townhouses will have to be considered when the design comes before the Planning Commission. Councilman Silva asked if it was necessary to have the full improve- ments or could undergrounding, lighting, etc. be delayed. The staff recommends that street improvements be made immediately but the Planning Commission recommendation restates the Council's decision on the original approval that water lines, curb, gutter and street improvements be installed at completion of 75 homes north of the Arroyo Seco and that full improvements be installed at completion of 150 homes. Present county plans call for widening East Avenue at Mitra Street. Completion of Charlotte Way as a collector street might be reason for them to change their plans and widen or extend their work to Charlotte Way. The motion was changed to read, "as the Planning Commission recom- mends or as the county develops the land fronting on Charlotte Way, whichever is sooner". Mr. Varni said he understood that the way things stand now is that the bridge will be built, Charlotte Way constructed, and the canal lined immediately with the approval of the first map. The applicant is agreeable to working with the County and coordinating the work. The traffic problem of egress and ingress to East Avenue was dis- cussed in relation to Mitra and Charlotte Way. Then the motion was restated as follows: "The Planning Commission recommendation for public works improvements is accepted with one exception - that in the event the County can be convinced to move their public works to the east to coincide with Charlotte Way instead of Mitra Street, then the developer will be required to jointly develop the area so that the north side of East Avenue is developed in conjunction with that project." The motion was finally withdrawn by Councilman Uthe and the second by Councilman Taylor. A motion was then made by Councilman Miller, seconded by Council- man Taylor, to adopt the recommendation for development of Units 1 and 2 with the provision that the public works improvements on East Avenue in the vicinity of Charlotte Way be developed as per the recommendation of the City Engineer. CM-22-298 February 16, 1970 ,~.jAfter further discussion Councilman Miller ~amended the main motion to delay the under- c:..::t .~':1grounding of the utili ties for one year, ~~ Owith possible extension of two years, or 150 homes, whichever o b (Y) ~omes first. Second to amend the main motion was made by .p S.p Councilman Taylor. C) .\0 Q) Q) qj ~~~~:Mr. James Dickey, 1285 Lillian Street, said that as a resident ~he could state there was a traffic problem in entering or leav- ~ ~.~. ing East Avenue. As far as the undergrounding, he wondered why ~ ~ w. it was not done on East Avenue and the explanation was given c: C).p that it is extremely expensive unless done in conjunction with OQ).r!'-, th . t .r!P c: ~ some 0 er proJec . .p :SIJ OC\J S ~. The motion to amend the main motion was then approved unanimously, Q) '2 ~ iG which would allow the undergrounding to be delayed. The main ~ qj ~'2 motion before the Council to authorize development of Units 1 ~~ Q) and 2 with the modified engineering recommendations with the $ W Q) ~ exception that the improvements on East Avenue will be installed c:~~og except the undergrounding of utilities on East Avenue was passed o ..s c: Q) by the following vot e: .r! o--J.r! f..; .p W .r! f..; c: AYES' W 0 ~ 0 . o ~ o.r! NOES: Q., w ~r-l f..; w ABSENT: None o qj Q) .r! * * w 5~ ~ C~ncilman Uthe made a motion that the remainder of Tract 3064 -f..; 8., g 8 be referred back to the Planning Commission and brought back ~ ~ OJ bO to the Council at such time as they have completed their inves- ~ ~ c: tigation of the townhouse development, and the motion was se- .r! o.p.r! . ~ .p c: conded by Councllman Taylor. ?<: c: c: C:.r! qj qj O~r-l Councilman Miller stated that it seemed the Council had accepted ~j.p~ in principle the transfer of densities throughout these tentative ~~ 8~ maps. There is, however, some question on overall density. It c: 0 .p might be several months before the matter of the townhouses and g ~~ w development of the rest of the land, and he would like to see ;;? O'D qj the overall density set at 1288. * T (Tract 3064 Continued) Councilmen Silva, Taylor, Uthe and Mayor Marguth Councilman Miller The motion to refer the remainder of Tract 3064 back to the Planning Commission was passed unanimously. * * * A motion by Councilman Uthe, seconded by Councilman Silva, to authorize the staff to proceed with the transfer of the right-of-way of the Arroyo Seco to the County Zone 7 was approved unanimously. DEDICATION OF ARROYO SECO CHANNEL (Tract 3064) * * * The minutes of the Planning Commission meet- ing of February 3, 1970, were acknowledged. PLANNING COMMISSION MINUTES * * * The Public Works Director had prepared a re- port on the City-County cooperative projects. A motion was made by Councilman Uthe, second- ed by Councilman Miller, to authorize the staff to proceed and commence with right-of-way acquisition work on East Avenue in cooperation with the County, and also on the highway plans for Vasco Road for 110 ft. right-of-way. REPORT RE CITY - COUNTY COOPERATIVE PROJECTS The Council felt it would be a good idea to have a presentation from the County concerning the width of Vasco Road and the re- duction from a six-lane to four-lane road. Mr. Lee explained that limited access treatment is being maintained along the right-of-way which can increase its capacity. CM-22-299 February 16, 1970 (City-County Cooperative Projects Continued.) The motion to proceed with the work in cooperation with the County was approved unanimously. * * * FESTIVAL OF ARTS A report was presented by the Cultural Arts Council regarding the proposal for a second annual Festival of Arts. Mr. Robert Selden, President of the Livermore Cultural Arts Council commented that Livermore is a unique city as there is a great deal of cultural interest in the community. Since this is a worthwhile cultural community activity, it is hoped that the City will support it. The budget set for the project is $3,070. Councilman Uthe indicated he had received inquiries about putting this project on a self-supporting basis without City support and Mr. Selden said it was hoped the Festival would eventually be self- supporting, but the Festival must first prove itself and become es- tablished. Upon questioning by Councilman Uthe concerning charging admission fees for the Festival, Mrs. Doggett, 1318 North P, chairman of the proposed Festival, felt that charging admissions would change the nature of the festival. It is a cultural event in which the entire community may participate. Approximately 5,000 attended last year, and an admission charge would be detrimental for the attitude of the Festival. Perhaps the Festival could be self-supporting later through donations by businessmen and organizations. Councilman Uthe suggested a charge of $5.00 for the first or preview night, which has been budgeted for $1,000. The entry fees last year paid for this part of the Festival and this could be done again. Councilman Miller stated that the Festival was a way for the local cultural groups to exhibit to the entire community that which they do. Secondly, it is for the community to enjoy those things done locally; it is a community event much like a parade. Councilman Miller felt it deserved support because it creates community esprit de corps. Thirdly, an event of this kind has much to do with the cultural image of Livermore to the outside world. Councilman Silva replied' that a parade serves 10 to 20 thousand people and is subsidized for $1,000; the Festival serves 6500 people at three times the cost and a slight charge would reduce the cost. The Chamber of Commerce is the City's advertising agency, and only $5,000 is allocated to them for a whole year. This event will last only two days and the allocation requested is over $3,000. Councilman Taylor said community events such as this are advertised widely by other communities, and an expenditure of this type can be justified since this advertising attracts considerable attention. Mayor Marguth said there is one major difference between this re- quest and the subsidy for the parade - that is the City has a say in how the parade is run. He would hate to see the City Council involved in running the Festival, therefore, he would prefer that a request be made for matching funds. A motion was made by Councilman Uthe, seconded by Councilman Miller, to authorize a subsidy to the Cultural Arts Festival for 1970, in the amount of $2,100 with the assumption that the difference will be made up by the Arts Council. The motion was passed by the follow- ing vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor, Uthe and Mayor Marguth Councilman Silva None CM-22-300 February 16, 1970 Bob Allen, 223 Donner, questioned if the new Council could overrule this appropriation. Mayor Marguth pointed out that the new Council will set the budget in May; the budget controls whatever is expended. Mayor Marguth said he was concerned about the Council getting into the position of subsidizing artistic activities. Many people feel that there are other activities which may be considered equally as cultural and that this is not a meaningful cultural activity. He felt that if this appropriation will be cut next year and the year after until the Festival is self-supporting, then he would feel better about supporting it. Councilman Miller said he felt this was a reasonable expenditure since this is an extremely important form of advertising for the City. He felt that it should be subsidized on full scale. Councilman Silva restated his feeling that a $.50 admission fee should be charged. * * * The first reading, discussion and vote on the proposed Municipal Code amendment prohibiting trespass on private property was postponed for one week in order that it might be discussed earlier in the evening so that those wishing to do so may comment. PROPOSED MUNICIPAL CODE AMENDMENT (Trespass on Private Property) * * * Councilman Uthe said that after study and consideration of the proposed ordinance, he could not see why the "parentsff clause should be included. A motion was then made by Councilman Uthe, seconded by Mayor Marguth, that the ordinance be amended to exclude the word ffparentsff, and the motion was passed by the following vote: PROPOSED REAL PROPERTY DECLARA- TION ORDINANCE AYES: NOES: ABSENT: Councilmen Silva, Uthe and Mayor Marguth Councilmen Miller and Taylor None Councilman Silva made a statement regarding the proposed ordinance. He felt that this was a ridiculous ordinance; that it would be used as a political tool to gain information about the real estate holdings of a candidate to create suspicion or used against any candidate in a Council race. The conflict of interest law covers the situation and protects the electorate from dishonest officials. This ordinance will not change the fact whether a man is dishonest or not. He felt this ordinance should be discussed at a time when the public would be present to express their feelings about the ordinance, and Councilman Silva made a motion to continue the draft ordinance until an informal public hearing could be made; however, the motion was not seconded. The City Attorney was asked to report on the situation in Sacramento. He pointed out there is a bill, AB 51, which would suspend the effective date of the Unruh Act for about two months so that there could be action or amendment to the act. This bill is presently in committee. There is another bill, AB 430, which would redraft the provisions of the Unruh Act so that the person filing would be required to report his interest in a business (stocks, bonds, etc.) if it was over $1,000 but would only have to state whether it was over or under $5,000. This bill would also rewrite the conflict of interest laws but there would be little change in this respect--it would just put it all in one act. The City Attorney was asked by the Council to clarify Section 2.56(e). The term beneficial interest essentially means the use of the pro- perty or the right to control the property. Reversionary interest is when someone holds the property and for some reason it can go CM-22-301 February 16, 1970 (Proposed Real Property Ordinance) back. Real property can be defined as land or any- thing affixed to the land permanently, such as a house or a tree. Mayor Marguth suggested that it is not appropriate for children, except minor children, to be covered by this ordinance. Councilman Silva said he felt that if the ordinance is going to carry weight it should cover children, parents, aunts and uncles, and those close to the candidate. br(jJ/M:,~fluj Councilman Miller~aid he realized this ordinance would not keep a 1'1' lJ ~ crooks from government, but it will restore some measure of confidence in government since the public will be aware of property holdings. Mr. Glen Coffey, 3557 Oregon Way, commented that the reason for considering this ordinance was to serve the people of the community. The Council had discussed it in some length and still had many questions concerning the interpretation and effect of the ordinance. Why not allow the people to express their feelings in a public hearing. Mr. Chester Fankhauser, 609 South P Street, commented on the need for this ordinance. How interested is the public in knowing these facts. This ordinance asks the candidate to prove he is an honest man before he can run. The newspapers have been very influential in finding out what is going on and keeping the public informed, and Mr. Fankhauser questioned whether this is more to the advantage of the potential office seeker. Statement at the time of filing is fine, but this ordinance perhaps will threaten people out of civic government. He asked if the Council had talked to businessmen of the community and the members of the commissions and committees in- volved to see how they feel. Mr. Robert Allen, 223 Donner, said he felt the present Livermore Plan is under a shadow because of possible conflict of interest from ownership of some of the property affected and felt that disclosure of interests should be made. Mayor Marguth stated there was no conflict of interest in connection with the Livermore Plan. The only property owned by persons in- volved in working on the Livermore Plan is that of Dr. Shirley, and this is public knowledge. Some members had even sold their property in the best interest of the community so there would be no conflict of interest. Mayor Marguth felt the next step, if this ordinance is adopted, could be to require those appearing before the Council to divulge their interests and background before speaking to the Council. Councilman Miller stated many people do support this ordinance, and it will inspire confidence in government. In regard to the issue of a public hearing, this matter had been continued for several weeks; thus the people have had ample opportunity for open discussion and there has not been a failure to allow public discussion. The business- men are not the only people in the community, and others in the com- munity are interested in this issue. There are candidates who are running1s9 ~he proposed or~~nce i? not scaring every~ne w~y. ~ ~-t7~L l.€~~~ ~~-+ ( -. t-L A motion was made by Councilman Miller, seconded by C6u cilman Taylor, to introduce the ordinance requiring a real property declaration as it stands with the deletion of the word "parents", and to waive the first reading (title read only). The motion was passed by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor and uthe Councilman Silva and Mayor Marguth None * * * CM-22-302 February 16, 1970 The City Manager reported that three bids had been received for repair of the furnace in the City Hall. The low bid is for $1,790.00 for the replacement of the heat exchanger. A motion was made by Councilman Uthe, seconded by Councilman Silva, and approved unanimously, to authorize expenditure of this amount for the repair of the furnace. MATTERS INITIATED BY STAFF (Furnace Repair) * * * The City Manager was directed to contact the Recreation Board to see if the meeting with the Recreation Board scheduled for February 20 could be moved to another date since there is a speaker appearing in Livermore on that date on the subject of ecology, which the Council members would like to attend. (Meeting with Recreation Board) * * * Councilman Silva made a motion to adopt a resolution requesting the Attorney General to reconvene the Grand Jury to allow testimony by the 12 Santa Rita deputies. Discussion followed regarding the legality of this indictment action and whether it was due process. Mayor Marguth stated that a trial in open courts might be better and will make the public aware of problems in law enforce- ment. Councilman Silva felt this might be detrimental to~~~~~( enforcement forces. The motion was not seconded. The City AttorneYf was directed to check into this matter for the next Council meeting.~ * * * MATTERS INITIATED BY COUNCIL (Resolution re Reconvening Grand Jury) There being no further business to come ADJOURNMENT before the Council, the meeting was adjourned at 1:15 a.m. to an adjourned meeting at 7:00 p.m., February 24, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. ALA /~ ~/7 APPROVE 'Z/~~ .. . ~ .. ' " / Mayo? \ :/ "'--.,.-" ATTEsdt~~Qf;L-1~ I C -, Clerk . ivermore, California * * * Adjourned Regular Meeting of February 24, 1970 An adjourned regular meeting of the City Council was held on Tuesday, February 24, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 7:15 p.m. * * * PRESENT: Councilmen Miller, Silva, Taylor and ROLL CALL Uthe and Mayor Marguth ABSENT: None CM-22-303 February 24, 1970 PLEDGE OF ALLEGIANCE The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES On motion of Councilman Silva, seconded by Council- man Miller, the minutes of February 16, 1970, were approved as amended by the following vote: AYES: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth ABSENT: None * * * OPEN FORUM The Mayor invited any person in the audience to address the Council on any subject not on the agenda, however there were no comments voiced. * * * PROPOSED MUNICIPAL AMENDMENT ORDINANCE (Trespass Private Property) The City Attorney reported that he had talked to the CODE City Attorney in San Rafael and the directors of the Chamber of Commerce concerning this proposed trespass ordinance. It is the recommendation of the Police Chief and Mr. Lewis that the introduction of the ordi- nance be delayed for sixty to ninety days, or until such time as is necessary for the Supreme Court to pass on the provisions of this type of ordinance. The proposed ordinance is substantially the same as that of San Rafael, and the City Attorney of San Rafael anticipates that the litigation regarding their ordinance will be resolved in sixty to ninety days, and it would be wise to postpone action until a decision is reached by the State Supreme Court. Mr. Larry Hall, 655 McLeod, said he was interested in hearing the reasons and arguments why this ordinance is desirable. The question in the courts is whether such an ordinance is unconstitutional. Mr. Hall was concerned, generally, with the rather broad kind of ordinance that has been introduced in trying to combat a particular kind of pro- blem, and he felt this is a bad way to go in this instance. Councilman Miller commented on the proposed ordinance as follows: 1) Origin of this ordinance comes from the desire of the Police De- partment to help solve a problem of the merchants and businessmen of the community who are having trouble with shoplifters and these pro- blems must be solved; 2) Alternative is additional officers in the Police Department, and the City must consider an increase in the Police Department to handle this type of problem and suggested the hiring of an additional officer with the idea of working on this problem. 3) This is more than a police problem - it is a juvenile problem. We must look closer for reasons behind this trouble. Councilman Silva stated the ordinance will be brought before the Youth Committee for their comments, and the Council felt this would be a good way to explore this problem. * * * ORDINANCE RE REAL PROPERTY DECLARATION ORDINANCE NO. 707 AN ORDINANCE ADDING A NEW ARTICLE, ARTICLE VI, RELATING TO REAL PROPERTY DECLARATION, TO CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959. CM-22-304 On motion of Councilman Miller, seconded by Councilman Uthe, and by the following vote, the second reading of the ordinance was waived, and the foregoing ordinance was passed: February 24, 1970 (Declaration of Real Property Continued) AYES: NOES: ABSENT: Councilmen Miller, Taylor and Uthe Councilman Silva and Mayor Marguth None In answer to a question by Councilman Uthe, regarding the respon- sibility for an adult child under the ordinance, the City Attorney indicated if the parent could not obtain the information from the adult child, then he would not be held responsible to act further. * * * Mayor Marguth recommended that a resolution be introduced directing the assessment engineers to delete from the Livermore Plan beautifica- tion and parking from the downtown area. There are 187 single family dwellings in the downtown area, and this deletion would substantially reduce their assessments. This would be a recognition on the part of the Council that there were substantial inequities in this area for assessments for single family residences in the eyes of the individuals. LIVERMORE DEVELOP- MENT ASSESSMENT DISTRICT Mayor Marguth made a motion, seconded by Councilman Silva, to in- troduce a resolution to amend Resolution 22-70, Resolution of Intention in Matter of Construction of Improvements and Acquisi- tions to be Made, by deleting under work to be done and properties to be acquired the items involving civic beautification and off- street parking in Livermore Development Assessment District, City of Livermore, Alameda County, California. Councilman Taylor felt it should be made clear that adoption of this resolution will not mean that assessments will be adjusted, but that the project is being limited. Councilman Miller urged that the Council retain the non-downtown beautification in the assessment district. This portion of the assessment would have a substantial affect on the appearance of the City and would benefit all homeowners and would be a small investment by homeowners towards improving our industrial image. Councilman Silva felt the major concentration should be on the underpasses and relocation of railroad tracks. The beautification portion can be done later from general funds. Councilman Taylor said that he felt many people objected to the beautification assessment not on the amount of money involved, but on the principle; beautification seems like a frill. Public re- sistance would be lessened if this portion is deleted. Councilman Miller stated the time that the City needs to increase its industrial tax base is now - not in fifteen years. The park tax is committed to acquisition of additional parks which we have been unable to get because of lack of funds. We have too many conflicting demands on our park revenue; the cost for beautifica- tion of entrances is about $3.00~~'t0~ Ci!y~~W~s~ ~~ ahead, and this expenditure is worth its cost:f<J~n~TltEr7g~lned. He felt that eliminating non-downtown beautification portion would be IIpenny-wise and pound foolishll. Councilman Uthe said he was very sorry to see this happen to the Livermore Plan because the downtown area would become a slum area when the merchants moved out. Councilman Silva said it seemed from the response of downtown landowners that they are against the parking. He felt that the CM-22-305 February 24, 1970 (LDAD CONT'D) Council should not gamble on the future of the whole project for the benefits of the parking and beautification. At the close of the discussion, the motion to delete the beauti- fication and parking from the assessment district was approved unanimously. RESOLUTION NO. 28-70 RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 22-70 BY DELETING FROM THE DESCRIPTION OF WORK TO BE DONE AND PROPERTIES TO BE ACQUIRED, THE ITEMS INVOLVING CIVIC BEAUTIFICATION AND OFF-STREET PARKING IN LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA * * * THE COUNCIL MEETING RECONVENED AT 10:50 p.m. WITH MAYOR MARGUTH NOT IN ATTENDANCE, AND MAYOR PRO TEMPORE SILVA PRESIDING. Report re Bay Area Sewage Dis- posal Study Committee * * * CONSENT CALENDAR A report was received from the City Manager regard- ing the formation of the Bay Area Sewage Disposal Study Committee to study all aspects related to consolidated sewage effluent disposal. Livermore has been asked to participate, and it was recommended that a motion be adopted appointing the Public Works Director as City representative to this Committee. Councilman Uthe said he felt that Mr. Lee should proceed also with a study of controlling our own effluent as this might be more satis- factory and cheaper than participating in a group effort. Holmes Street School Cross- ing Light Relocation Portola Avenue Annex No.4 Minutes - Housing Authority CM-22-306 * * * Informal bids have been solicited for the Holmes Street School crossing light relocation. The low bid price is $1,960, submitted by Ed Hutka Electric. The State is committed to pay 50% of this cost. It is recommended that a motion be adopted authorizing this work and the execution of the agreement. * * * A report from the City Clerk regarding results of the election held on February 17, for the annexa- tion of Portola Avenue Annex No. 4 was acknowledged. The results of the vote for annexation were: yes - 10; no - 1, and were recorded by the following resolution. RESOLUTION NO. 29-70 RESOLUTION DECLARING RESULTS OF VOTES AT THE SPECIAL ELECTION HELD AND CONDUCTED WITHIN THE AREA OF PORTOLA AVENUE ANNEX No.4. * * * Minutes of the Housing Authority meeting of January 20, 1970, were acknowledged. * * * Ninety-three claims in the amount of $69,247.78 dated February 17, 1970, were presented to the City Council and ordered paid as approved by the City Manager. * * * An exempt business license application was approved for the American Association of Uni- versity Women - book sale, proceeds for Scholarship Fund. * * * February 24, 1970 Payroll and Claims Exempt Business License Mr. Kennedy, in the absence of the City Manager, Grazing Lease reported on the bids received for a grazing for City's Land lease at the City's former refuse disposal site. The lease is cancelable upon six months' notice in the event it is to be considered for sale, and the term of the lease is for five years. The lease was awarded to Vargas Bros. who submitted the high bid for $6,888.70. * * * MAYOR MARGUTH RETURNED TO THE COUNCIL MEETING AT THIS TIME * * * On motion of Councilman Uthe, seconded by Councilman Miller, the items on the consent calendar were approved by the following vote: AYES: Councilmen Miller, Silva, Taylor and Uthe NOES: None ABSTAIN: Mayor Marguth * * * Approval of Consent Calendar The Public Works Director reported that this matter had been referred back to the staff from a previous Council meeting so that talks could be held with property owners. Council- man Silva and Mr. Lee had met with the property owners and with several persons individually for discussion of the proposal. Some modifications have been made, and the property owners now seem satisfied with the plan. The design was described for the Council by Mr. Lee and one property owner expressed con- cern over entrance into her driveway. EAST AVENUE, 5th & 6th STREET INTERSECTION Councilman Silva made a motion, seconded by Councilman Miller, to refer this matter back to the staff to resolve the final details and the one question re access and proceed with the design of the area and prepare for bids, and the motion was passed unani- mously. * * * Mr. Kennedy reviewed the bids received on City's public liability coverage. Two bids were received from the dozen or so which were sent out and one of these is unaccept- able from the financial responsibility standpoint. The other proposal submitted does not meet the specifications as outlined by our insurance consultant in two areas in particular; it ex- cludes admissions and errors, which is an expanded false arrest type policy (we have false arrest coverage with another company at present, but the coverage is not as good). REPORT RE INSURANCE BIDS CM-22-307 February 24, 1970 (Insurance Bids Cont'd) There are three options: 1) accept the proposal Mr. Morgan has presently submitted and work with him to improve coverage; 2) reject all bids and put out bids again, which would put Mr. Morgan at a dimdvantage since others would know his present bid; or 3) re- ject all bids and negotiate with other brokers. The City must have coverage by March 1, and the staff recommendation is to accept Mr. Morgan's proposal and negotiate improvements in the proposal. The price has increased considerably from the present rate of $13,000 to roughly $23,000. Mr. Gene Morgan, present carrier and proposed recipient of the bid, stated his position, if awarded the bid, would be to attempt to se- cure the additional coverages requested. All of the proposed cover- age is probably not available; would stand by his quote on cover~ge as stated in bid; cannot guarantee all of the coverage at any prlce but would do his best to secure the other coverage. He would have to be designated as the exclusive agent for the City if he worked on securing this additional coverage. A motion was made by Councilman Silva, seconded by Councilman Uthe, to accept the bid from the present agent, Morgan Insurance Co., and to direct the staff to proceed with the necessary steps to secure the supplemental insurance, and the motion was approved unanimously. * * * CUP - CHRISTOPHER LAND CO. The Public Works Director reported that the proposal by the applicant, Christopher Land Company, is to locate a cabana club on four lots. The Planning Commission recommends approval of the use including several variances: 1) to allow the swimming pool to be located within 50 feet of the property line since it is ad- jacent to a park; 2) to fence the required frontage yard; and 3) to allow parking in the required 20 foot frontage yard to be fenced in such a manner as to provide screening, subject to design review. There are several conditions to approval regarding sound and hours of operation and the membership would be restricted by the number of parking spaces. Public works improvements will be installed along with approval of Tract 3064. Discussion followed concerning the manner in which parking require- ments are determined. The ratio is based on the number of member families. The cabana club will be owned by a homeowners association. The Council discussed how membership would be limited. It was felt that the City should have some control over this matter, and Mr. Musso stated that the permit was revocable for cause. If member- ship exceeded the limit, this could be considered as non conformance to the terms of the permit. On motion of Councilman Silva, seconded by Councilman Uthe, and by unanimous approval, the Conditional Use Permit for construction and use of a cabana club on a site on Lots 67-70, Tract 3064, at a max- imum membership of 360 families was approved subject to the condi- tion that the City Attorney, upon the decision of his office, should have the prerogative to determine that the number of families has not exceeded 360. Councilman Miller expressed concern over depth of landscaping in the front and felt increasing the planter area would improve the appearance and also stated the thought that the building itself should be designed to fit in with the area. The motion by Council- man Miller, seconded by Councilman Uthe, that a condition of approval be that the structure be included in the design review was passed unanimously. CM-22-308 February 24, 1970 The Council discussed briefly one of the actions taken by the Planning Commission regarding de- nial of the request of Harry Rosenberg for var- iance to allow reduction of the number of park- ing spaces in conjunction with the convalescent hospital. A motion by Councilman Miller, seconded by Councilman Uthe, to stay this action until the Council has time to review the matter, was approved unanimously. * * * On motion of Councilman Uthe, seconded by Councilman Silva, and by the following vote, the ordinance for annexation of Portola Ave- nue Annex No. 4 was introduced and the first reading of the ordinance waived: SUMMARY OF PLANNING COMMISSION ACTION (Appeal - CUP-Rosenberg) PROPOSED ORDINANCE - PORTOLA AVENUE ANNEX NO. 4 AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth None None * * * This item was removed from the Consent Calendar for consideration at this time. CHAMBER OF COMMERCE AUDIT Mr. Jay Walton, Manager of the Chamber of Commerce, pointed out that the submission of this audit is not in accordance with the terms of their agreement, but is presented in order that dealings with the City may be open. Several items on the audit were ex- plained in detail. Councilman Miller questioned why the public money expended was not identified and itemized in detail for examination by the public and stated his feeling that wherever public money is concerned, the audit should so indicate. Discussion followed by the Council regarding the form of the audit which had been approved by the Council previously. Mr. Walton said that this form had been adopted to avoid some of the problems encountered in previous years because it is difficult to allocate exactly which of the overhead expenses are expended from public monies. Mr. Kennedy, City Finance Director, was directed by the Council to meet with Mr. Walton and to go over the audit to determine where the City's allocation had been spent, and report back to the Council. * * * The City Clerk asked if any of the Councilmen would be attending the Environmental Quality Study Council hearing on March 7, 1970, at the st. Charles Borromeo Church, 1315 Lomitas Ave- nue. Councilman Uthe indicated he would be attending. * * * Councilman Taylor asked if any progress had been made concerning reasonable facilities for the Bus Depot. At present it seems there are no plans for improved facilities, but it is hoped that in the future better facilities will be available. * * * Councilman Miller extended an invitation to the Council to attend a dinner and reception to be held on February 28 for Assemblyman John Knox. He thought members of the Council might be interested in meeting Assemblyman Knox and perhaps discussing some matters with him. MATTERS INITIATED BY STAFF (Environmental Quality Study Council) MATTERS INITIATED BY COUNCIL (Bus Depot) (Invitation - Assemblyman John Knox) CM-22-309 February 24, 1970 (Public Councilman Miller pointed out the Council had been Transportation)discussing public transportation for almost two years, and he would appreciate a staff report on the matter. The staff was directed to bring a report before the Council at the next meeting. * * * (Restaurant Health Code) Councilman Miller said he had received a report con- cerning one of the local eating establishments and felt that a restaurant code should be adopted and enforced. Mr. Lewis reported that the County Health Officer had been contacted and this matter discussed. One of the problems is that it is a rather lengthy ordinance, and due to other pressures on the staff's time it has not been possible to prepare this ordinance; however, it will be presented shortly. * * * (ABAG- Funds Available for Law Enforce- ment) Councilman Miller asked that the staff be instructed to see if there is some way the City can make use of some of the safe streets funds available from ABAG for our law enforcement forces. * * * (Resolution re Reconvening Grand Jury) The motion had been made by Councilman Silva to adopt a resolution requesting the Attorney General to reconvene the Grand Jury to allow testimony by the twelve Santa Rita deputies, and seconded by Councilman Taylor and the matter continued from the previous meeting of the Council. The City Attorney reported that basically the law says that once the Grand Jury has issued the indictment, they do not have juris- diction to go back into the matter. The United States Attorney has the power, theoretically, to ask the Court to quash the indictments if he feels it would serve justice to do so. The proceedings of the Federal GrandJury are not the same as the Grand Jury of the State of California since federal proceedings do not require that a transcript of the proceedings be kept as to witnesses called and their testimony. If the resolution is to have any effect, it should be directed to the U.S. Attorney General asking whether or not a fair hearing was given, and its effect on law enforcement. Secondly, we might ask the Attorney General to examine the federal procedures to make sure that there are additional measures by which these officers could have been given further protection. After discussion the motion was changed to adopt a resolution urging the Attorney General, or such other appropriate agents, that the Council is concerned for due process. This change was acceptable to Councilman Silva as maker of the original motion and Councilman Taylor, as second. Councilman Miller stated he would be in favor of a resolution re- questing improvement of the Federal Grand Jury procedures but not pertaining to a specific case. A request for an overall change in Federal Grand Jury procedures would be alright, but he was not in favor of a request for a specific case in which the indictments were already made. Councilman Silva said he had not been aware of the due process in Federal Grand Juries; in this particular case it seems that due process is being applied, but he felt an injustice was done in not hearing the testimony of all of the twelve deputies who were in- dicted. CM-22-310 February 24, 1970 Councilman Miller pointed out that the same process that was used in this case as was applied in the case of the Black Panthers. The Grand Jury presented both indictments and there must have been some just cause for the indictments in both cases. If there is some question about the fairness regard- ing the way indictments are brought about, then a resolution which asks for a change in Federal Grand Jury procedure would be in order. I /I JI :1 ~'l./ .1. j rf.).......Lj; ~ ;I tJ..V-vi.-eA.--t. -?-"'--"-z-~ <L <---t:. -v~ v '\. ~?:e C~ L Z{ U~- Mcrj10r H3.rgut-h indicated he felt that the purpose in considering this matter was to show moral support for the law enforcement agencies of this nation. (Reconvening Grand Jury Cont'd.) Councilman Uthe felt that the reason for adopting this resolution is to make sure justice is applied to all. The motion for adoption of the resolution as stated by the City Attorney was passed by the following vote: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth Councilman Miller None RESOLUTION NO. 30-70 A RESOLUTION REQUESTING THE ATTORNEY GENERAL OF THE UNITED STATES TO INVESTIGATE FEDERAL GRAND JURY PROCEDURES. * * * Councilman Uthe asked about the possibility that our subsidy to the Allen Ambulance Ser- vice being paid for under the federal govern- ment highway safety program. (Highway Safety Program) * * * Councilman Uthe reported that by the minutes of (Zone 7 Board) the Zone 7 Board meeting, they are ready to in- itiate hearing on the design of the Del Valle storage system and water purification plant. He would like to urge that the design be worked into the natural beauty of the area and Mr. Lee was asked to convey to the Board the Council's feelings on this matter. * * * There being no further business to come before the Council, the meeting was adjourned at 12:20 a.m. to an adjourned regular meeting at 7:00 p.m., Monday, March 2, 1970, at the Justice Court Chambers, 39 South Li ermore Avenue~ ./ ... r;J /1/l APPROVED .. / '- // J% a or _ // 'l ~~ .t Clerk California ADJOURNMENT ATTEST * * * CM-22-311 Adjourned Regular Meeting of March 2, 1970 An adjourned regular meeting of the City Council was held on Monday, March 2, 1970, in the Justice Court Chambers, 39 South Livermore Ave~ue. The meeting was called to order at 7:10 p.m. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES OPEN FORUM (Southern Bay Crossing) * * * PRESENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth ABSENT: None * * * The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * On motion of Councilman Silva, seconded by Councilman Miller, the minutes of February 24, 1970, were approved as amended by the following vote: AYES: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth NOES: None * * * Mr. Ed Royce, 842 South Livermore Avenue, spoke re- garding SCAT (Southern Crossing Action Team), an in- formal organization of conservation, made up of home- owners and other groups whose objective is to achieve a temporary or permanent halt in the construction of the southern crossing of the San Francisco Bay. Mr. Royce said this organization feels that construction of the southern crossing will commit us to the automobile as the principal means of transportation in the areamu Livermore is directly con- cerned because of the air pollution from the Bay Area. The estimates of BART usage upon completion are very conservative, and it is felt that a five year delay in construction of the crossing will give BART a chance to prove itself and determine if the southern crossing is necessary. Mr. Royce asked the Council to study the material he had and to con- sider support of measures now in the legislature for delay of con- struction. (Livermore Development District) * * * Mr. Lawrence H. Hayes, Jr., 2340 Fifth Street, spoke regarding the legality of the Council's Resolution of Intent last week to delete two items from the Livermore Development Assessment District. He asked what must be done so that the Council is legally bound to delete those two items from the Plan. Mayor Marguth replied that he had discussed this matter with the City Attorney and the Bond Counsel and the official action cannot be taken until the public hearing. The procedure that must be followed in an assessment district is that any change in the dis- trict cannot be made until the end of the hearing when the final resolution will be made and adopted. The Council is morally and ethically bound by its Resolution of Intention to delete the two items. Councilman Miller stated that essentially the action of the Council of the previous week was to give the Council's word that the beauti- fication and downtown parking would be deleted. CM-22-312 March 2, 1970 Mr. Jack Phillips, 551 No. P street, asked for (Protests LDAD) a clarification of the method of protest. He had understood that the protests must be pre- sented to the City Clerk by 8:00 p.m. March 16, but many thought that they would be able to protest during the public hearing. Mayor Marguth stated that, in this case, protests must be presented before the hearing. * * * CONSENT CALENDAR A communication from the Bay Area Air Pollu- tion Control District regarding emissions from the rock and gravel plants located in the Liver- more-Amador Valley was acknowledged. * * * The information and communication from Clarence L. Hoenig, dated February 19, 1970, regarding the school problems in Livermore District was acknowledged, and the matter will be discussed in a study session by the Council. * * * A communication from the Livermore Chamber of Commerce regarding the recent Community Congress had been received by the Council. This item was removed from the Consent Calendar for discussion at a study session of the Council. * * * A communication from Senator Alan Cranston re- garding the President's veto of the Labor-Hew Appropriations Bill and full funding of PL 874 programs in the substitute legislation was received by the Council. * * * The following resolution was introduced to authorize execution of a Joint Exercise of Powers Agreement for a bus study with the Alameda-Contra Costa Transit District, City of Pleasanton, County of Alameda and the San Francisco Bay Area Rapid Transit District. Bay Area Air Pollution Control District School Problems Chamber of Commerce (Community Progress) Re HEW Appropriation and PL-874 Funds Agreement - BART District RESOLUTION NO. 31-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Joint Exercise of Powers Agreement) * * * An exempt business license application was approved for the Valley Trail Riders and 4-H Clubs to conduct a competition on May 16. * * * On motion of Councilman Miller, seconded by Councilman Silva, the items on the consent calendar were approved by the following vote: AYES: NOES: ABSENT: Exempt Business License Approval of Consent Calendar Councilmen Miller, Silva, Taylor and Uthe and Mayor Marguth None None * * * CM-22-313 March 2, 1970 APPEAL RE DENIAL BY PLANNING COMMISSION (Grossman) Mrs. Leonard Grossman, 1048 Bucknell Court, has submitted an appeal to the denial by the Planning Commission to permit reduction of setback of fence and revocation of existing use permlt for opera- tion of a nursery school at 306 North Livermore Ave. Mr. George Musso reported on the matter of the variance of the set- back for the fence at the property involved. The fence has been completed with a setback of thirteen feet instead of the required fifteen feet. A discussion followed concerning the sequence of events relating to the construction and consequent notification that the fence did not meet requirements. The matter now before the Council is whether to grant a variance in the height or setback of the fence. Councilman Miller made a motion to uphold the Planning Commission's recommendation and to deny the request for variance, which would require that the fence be removed. There was no second to this motion. Councilman Uthe then made a motion that the variance be granted, seconded by Councilman Silva. After further consideration, an amend- ment to the motion stating that the fence be constructed of wire mesh so that vision would not be obstructed was made by Councilman Silva, seconded by Councilman Uthe, and approved unanimously. Councilman Miller stated he felt there were no grounds for variance in this instance. Notice was sent as provided by the City and pre- cedent will be set by the circumstances in this case involving con- struction without a permit. There may be cases in the future of deliberate construction without a permit and then a request for a variance to allow the construction. Councilman Uthe felt that denial of the variance would then force closure of the school since it would not meet State licensing re- quirements and this would be a hardship on the parents of the children attending. Further, the neighborhood where this school is located is widely varied in use and site development. This is an extremely complex issue as to whether the fence is conforming or not in relation to the area. Councilman Miller commented that he did not feel the school would have to close as they would have sixty days to move the fence. At the close of the discussion the motion to grant the variance was approved by the following vote: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth Councilman Miller None * * * KAUFMAN AND BROAD - PUD NO. 3 (Amendment) The recommendation from the Planning Commission regarding amendment to Planned Unit Development No. 3 of Kaufman and Broad will be considered and a public hearing was set for March 23, 1970. * * * TRACT 3195 KAUFMAN & BROAD The consideration of the recommendation from the Planning Commission regarding Tract 3195 (Kaufman & Broad) was postponed until the hearing on March 23, at the applicant's request. * * * THE MEETING ADJOURNED AT 7:45 p.m. to ATTEND AN LDC MEETING. THE COUNCIL MEETING RECONVENED AT 10:30 p.m. WITH MAYOR PRO TEMPORE SILVA PRESIDING IN THE ABSENCE OF MAYOR MARGUTH. CM-22-314 March 2, 1970 The second reading and vote regarding the ordi- nance for annexation of Portola Avenue Annex No. 4, was continued for one week on motion of Councilman Miller, seconded by Councilman Uthe, and by unanimous approval. PROPOSED ORDINANCE RE PORTOLA AVENUE ANNEX NO. 4 * * * The applicant's request for a Conditional Use Permit to build a 140-bed convalescent hospi- tal had been referred back to the Planning Commission by the Council with instructions to review the site plan. The applicants had prepared a new site plan which the Planning Commission had reviewed and now makes its re- commendation regarding this plan if the application for the con- valescent hospital is approved. In addition, the applicant has submitted a request for variance as to off-street parking and setbacks. The site plan as now presented to the Council has in- cluded a small court and fountain which would give some considera- tion to visual approach and landscaping. REPORT RE CUP (Rosenberg) In the matter of off-street parking a workable plan has been de- vised to provide one space of off-street parking for each two beds, but it does necessitate encroachment into the required street frontage yard. This plan would provide for a landscaped strip, then a center wall treatment with landscaping on both sides and breaks in the wall so it is not a barrier. In summary, Mr. Musso said this original proposal maintained the required parking, allowing parking to be in the setback area with the described wall treatment; otherwise, it is in conformance with the ordinance. Councilman Uthe asked Mr. Musso about the reduction in required parking. Mr. Musso stated that a review of our ordinance was in progress; parking requirements in accordance with our present orinances are probably on the high side in comparison with other cities and for this particular use. Mr. Earl Mason, representing the applicant Harry Rosenberg, pre- sented another site plan which had been prepared. The only differ- ence is perhaps a better use of the land; the lower tip has been rearranged and 13 parking spaces deleted and included as land- scaping, leaving a total of 57 parking spaces. Mr. Mason said a review of ordinances in other communities showed a variation in parking needs; a convalescent hospital does not need as much park- ing as a general hospital and the average formula for computing parking requirements in other locations for this use provides one parking space for each three beds. He stated his client would be agreeable to either of the two plans. Councilman Miller asked the applicant about reducing the size, or number of beds, and thus reducing the required number of park- ing spaces. Mr. Musso indicated the density for this use was computed so that it is comparable to a residential use; the pre- sent zoning is RG-16, which allows for multiple use and a density of 70 per acre. This site has 2.02 acres; therefore the maximum allowable of 142 beds had been computed according to the zone. * * * MAYOR MARGUTH RETURNED TO THE MEETING AT THIS TIME. MAYOR PRO TEMPORE SILVA SUMMARIZED THE PRESENTATION OF THE MATTER UNDER DISCUSSION. * * * Mr. Mason stated that the reason for the arrangement of the plan he was presenting was to provide more landscaping and less paved CM-22-315 March 2, 1970 (CUP Rosenberg Continued) area. If the Council desired the additional park- ing (70 spaces), the applicant is willing to go ahead on that basis also. Councilman Taylor said that it would be a shame to require the area to be paved if it is not really needed for parking since landscaping would be more attractive. Councilman Miller stated the Council still has not made a decision as to whether there should be a convalescent hospital at this loca- tion as the Planning Commission had originally denied the application. The Council then discussed briefly its previous consideration re- lating to this use at this location. This matter had been referred back to the Planning Commission for presentation of a design before the Council considered approval of the use and construction of a convalescent hospital on the site. A motion was made by Councilman Uthe, seconded by Mayor Marguth, to grant the Conditional Use Per- mit subject to the conditions relating to design and site plan set forth by the Council. Councilman Taylor stated that the property is presently zoned for multiple dwellings, 16 per acre; it is adjacent to a park area on a heavily traveled street with a school close by. He felt this use was better for the community than development as multiple dwellings. Councilman Miller stated he would like to have all the conditions of the permit set forth in writing regarding nature of landscaping and design review, etc. before vote on the CUP. Mr. Musso then stated the usual or standard conditions, but Councilman Miller said he would like to have them written out as they would be approved and suggested continuance for one week. The applicant was asked if he needed total approval at this time and ~r. Mason said one week's continuance would be agreeable. By the following vote the Conditional Use Permit subject to these conditions relating to design and site plan was approved: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth Councilman Miller None Councilman Uthe stated he thought it extremely important that the building be broken as shown on both of the site plans at the corner of Portola and North Livermore Avenue. The break in the building line makes it look like two buildings and should be retained. He also said he would like to have the report on the study for parking requirements in the City. Councilman Miller stated that the Planning Commission made a number of comments relating to the size of the structure and that it was incompatible to the site, and Councilman Miller added he thought it was incompatible to the location at the entrance of the City, and next to a park. His feeling was that the size of the building as well as the number of parking spaces should be reduced. Councilman Uthe commented that the percentage of landscaping to the total area was approximately 37%, which is high; the site is an odd shaped parcel and asked if there was a possibility of the building being built as a two-story structure. Mr. Randall Schlientz, representing the architect for the applicant, said he did not feel that a two-story structure would be practical, but that additional breaks could be put into the design. A motion was made by Mayor Marguth, seconded by Councilman Uthe, that the plan presented in the staff proposal be approved with the required number of parking spaces as provided by the ordinance, CM-22-316 March 2, 1970 and direct that the design review include the possibilities of further breaks in the struc- ture on Livermore Avenue and Portola Avenue, and in the event the Planning Commission re- duces the parking requirements for this type of use that this applicant be allowed to develop under the revised ordinance. During the following discussion, Councilman Miller stated he thought the number of units should be reduced to 114, and this would solve the design and parking problems. Councilman Taylor stated the ordinance provides a maximum number of units to be allowed, but unless there is a reason for lowering the number of units approved, such as a design which is incompatible, the lower number of units should not be arbitrarily set. Councilman Taylor then made an amendment to the main motion, seconded by Mayor Mar- guth, to set a maximum number of beds allowable at 140, and this motion to amend was approved unanimously. (CUP - Rosenberg Continued) Councilman Uthe pointed out that this site is located at one of the most important intersections of the City, and this is an opportunity to avoid construction of concrete walls, provide a 37 to 40% land- scaped environment, and have a low congestion and low noise type of use. The motion to approve the plan in the staff proposal with the conditions set forth was approved by the following vote: AYES: NOES: ABSENT: Councilmen Silva, Taylor, Uthe and Mayor Marguth Councilman Miller None On motion of Mayor Marguth, seconded by Councilman Uthe, and by unanimous approval, the appeal to variance for off-street parking and street frontage yard was tabled. * * * AT THIS TIME MAYOR MARGUTH RESUMED THE CHAIR * * * The Matter of a resolution authorizing execu- tion of a sewer connection agreement for the Shell Service Station to be constructed at the southwest corner of Portola Avenue and Murrieta Boulevard was removed from the Con- sent Calendar. At the request of Councilman Miller, Director was asked to present the exhibits which are of the agreement relating to design. SEWER CONNECTION AGREEMENT (H. C. Elliott) the Planning to be a part Councilman Silva stated he would abstain from discussion on this matter. The Planning Director reported that during the design review of the site plan for the construction of this service station the landscaping was increased as much as possible. The plan is a basic Shell design with an adobe or similar type masonary wall and the roof is to be dark; the lighting is to be a low level mushroom type around the site and entries. Councilman Taylor commented that this design was not comparable with the recently constructed Shell station at Murrieta and St~nley Boulevards. He was concerned that this would represent an approved station design coming from the design review committee, and he would be alarmed if a station of this design was built in the City. The Council was especially concerned over the sign and supporting structure. A motion was made by Councilman Miller, seconded by Councilman Uthe, to approve the design with the exception of the chimney CM-22-317 March 2, 1970 (Agreement - H.C. Elliott Continued) structure, and to express regret that the design is not the same quality as that at other Shell loca- tions in the City. In the discussion the Council members expressed their disappointment that this design just outside the City limits was not as attractive as the one built within the City limits. They had hoped to have the same quality station constructed at this site. The motion to approve the design was approved by the following vote: AYES: Councilmen Miller, Taylor, Uthe and Mayor Marguth NOES: None ABSTAIN: Councilman Silva RESOLUTION NO. 32-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Sewer Connection - H. C. Elliott) * * * MATTERS INITIATED BY STAFF Councilman Taylor spoke regarding the decision re- (Mayors cently of United Concrete Pipe Corporation to leave Conference) Livermore. He felt that some other method should be used to attract industry; we cannot just sit back and wait for inquiries. We need some expert consulting advice to tell us how to get industry for Livermore. The work of the Chamber must be supplemented. On motion of Councilman Taylor, seconded by Councilman Uthe, and by unanimous approval, the staff was directed to present a proposal for supplemental effort to actively recruit the type of industry needed in this community. The Council discussed the problem, and it was pointed out that prospects do come into the City and are welcomed by various agencies but there has been little success in locating these industries in Livermore. There are some disadvantages to overcome. * * * CANDIDATES - CITY COUNCIL ...-. Councilman Miller pointed out to candidates and their managers that the ordinance covering disclo- sure of campaign contributions includes committees which aid in the election of the candidate. * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:20 a.m. to an executive session for consideration of appoint- ments, and then to an adjourned meeting on March 9, 1970, at 9:30 p.m. APPROVE_A/~r ff)ur~ Mayor ATTEST ~... 1 (n . C" Y Liver re CM-22-318 * * * ---and covers testimonial dinners which raise money for the candidates and citizen's committees which endorse candidates since they aid in the election of candidates. Since these committees aid in the election they must disclose the source of their income. ~~e~ 0~.:L Adjourned Regular Meeting of March 9, 1970 An adjourned regular meeting of the City Council was held on Monday, March 9, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 9:42 p.m. * * * PRESENT: ABSENT: Councilmen Miller, Silva and Taylor ROLL CALL Councilman Uthe (due to illness) and . Mayor Marguth * * * Mayor pro tempore Silva led the members of the PLEDGE OF Council and those present in the audience in the ALLEGIANCE Pledge of Allegiance. * * * On motion of Councilman Taylor, seconded by MINUTES: Councilman Miller, the minutes of March 2, 1970, were approved as amended by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor and Silva None Councilman Uthe and Mayor Marguth * * * Stuart Smith, 2222 2nd street, a representative OPEN FORUM of the Clean Air Coordinating Committee, report- ed that the committee would like to offer an alternative to a ban on building by asking the City Council to back a Valley-wide plan to implement a transfer of densities. Under such a plan if builders wish to construct multiple type dwellings or cluster housing then they would dedicate some land outside the immediate downtown area, and the density on this land would be reduced to one per acre so there would be open space around the City. He hoped the City Council would spearhead this plan and offer it to other communities in the Valley. * * * CONSENT CALENDAR Polling Places - RESOLUTION NO. 33-70 General Municipal Election A RESOLUTION APPOINTING ELECTION OFFICERS, CONSOLIDATION OF PRECINCTS AND POLLING PLACES, HOURS TO BE OPEN AND FIXING COMPENSATION OF ELECTION OFFICERS. The above resolution is in connection with the General Municipal Election to be held April 14, 1970, in the City of Livermore. * * * The following resolution is in connection with the annual weed abatement program and was in- troduced; all parcels will be posted, and a notice mailed setting a hearing on April 21 to hear objections to the notice to abate weeds, rubbish, etc. Weed Abatement Program CM-22-319 March 9, 1970 (Weed Abatement) Grazing Lease Vargas Bros. Portola Ave. Assessment District - 1966-2 Improvements- Tract 2725 Report from City Manager- AB 479 CM-22-320 RESOLUTION NO. 34-70 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. * * * A grazing lease has been placed for bid with the result that Vargas Brothers was the successful bidder. The following resolution was introduced authorizing execution of the lease agreement for the old garbage disposal site. RESOLUTION NO. 35-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Vargas Bros. - Grazing Lease) * * * The Portola Avenue Assessment District, 1966-2, was formed for the purpose of installing a wall along Portola Avenue. The work has been completed and $963.38 remains as surplus funds. The following resolution is introduced to approve the Engineer's final recapitulation of cost, declaring a surplus and directing its distribution. RESOLUTION<NO. 36-70 RESOLUTION APPROVING ENGINEER'S FINAL RECAPITULATION OF COSTS, DECLARING A SURPLUS AND DIRECTING ITS DISTRIBUTION, ASSESSMENT DISTRICT NO. 1966-2, PORTOLA AVENUE, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA * * * The Public Works Director submitted a report re- garding Tract 2725 improvements. RESOLUTION NO. 37-70 RESOLUTION CONDITIONALLY ACCEPTING IMPROVEMENTS FOR TRACT 2725, CITY OF LIVERMORE * * * The City Manager submitted a report regarding AB 479. This bill is to be heard by the Assembly this week and requires the annexation of Napa, Sonoma and Solano Counties to the Bay Area Air Pollution Con- trol District. Dr. Donald Watson of the Clean Air Coordinating Committee stated the committee had been asked to testify on this matter on Thursday and urged the Council to support this bill. It was the decision of the Council to direct a letter to the legislative committee urging support for the passage of AB 479 to be delivered by Dr. Watson who will be attending the hearing. RESOLUTION NO. 39-70 A RESOLUTION RECOMMENDING THE INCLUSION OF THE COUNTIES OF NAPA, SOLANO AND SONOMA WITHIN THE BAY AREA AIR POLLUTION CONTROL DISTRICT. * * * March 9, 1970 (AB 479 Continued) A notice to consider an appeal of the City from the decision of the Alameda County Planning Commission on the application for a Conditional Use Permit, as provided in the Zoning Ordinance of Alameda County has been received and the date set for March 17, 1970. Southern Pacific Transportation Company has applied for a Conditional Use Permit to locate two directional tract signs at Stanley Blvd. and Murrieta Blvd. Planning Director George Musso and Councilman Miller are to be present at the hear- ing and Supervisor Murphy is to be contacted regarding the hearing. * * * A letter from the Benk of America regarding the arson at its Isla-Vista branch was acknowledged. * * * Notice of Hearing - Appeal CUP So. Pacific Communication - Bank of America A letter was received from the Board of Educa- tion, County of Alameda, regarding installation of Community Antenna TV franchise. The Board has adopted a resolution urging communities to consider requests installation of cable systems and educational merits of such ities when granting or amending existing CATV franchises. * * * An exempt business license application was ap- proved for the L.D.S. Church Relief Society, 950 Mocho Street, to hold a bazaar on March 14. * * * CATV - Franchise for facil- Exempt Business License One hundred ten claims in the amount of Payroll and Claims $27,951.29, dated March 2, two hundred payroll warrants dated February 20, in the amount of $68,183.82, and two hundred forty-four payroll warrants dated March 5, in the amount of $69,996.64 were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Taylor, seconded by Councilman Miller, the items on the consent calendar were approved by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Silva and Taylor None Councilman Uthe and Mayor Marguth * * * The Planning Director stated that Jupiter Con- struction, Inc. was requesting a subdivision of Parcel C, of Tract 3073, formerly approved as a multiple residential lot, located west of Arroyo Road, south of Arroyo Mocho, and within Planned Unit Development No. 22. Approval of Consent Calendar AMENDMENT TRACT 3073 - Jupiter Construction The developer now wants to develop this parcel as a typical sub- division with lots less than 6,000 sq. ft. to permit tandem CM-22-321 March 9, 1970 (Amendment Tr. 3073 Continued) dwellings, or two houses with zero lot line on ad- jacent lots. The Planning Commission recommends approval of the requested amendment. The only dis- tinguishing characteristic is the twenty foot dedicated, landscaped strip along Arroyo Road. A dedication in this area is for access to Arroyo Road and the Arroyo Mocho parkway. second future Planning Works Director Daniel Lee pointed out that this dedicated landscaped strip will be an asset to Arroyo Road although there will be increased maintenance cost to the City and will be the first ex- tensive planted area along a major street. The plantings will be those requiring minimum maintenance, and automatic sprinklers will be installed. Councilman Miller pointed out that in looking over Exhibit "B", he did not see that Rs-4 standards are to be applied as a condition to this development and it was decided this should be included on the planning development permit. Mr. Musso stated that the overall density of the development is to be 4 d.u./acre. There were 133 units originally approved, but this amendment would reduce the number to 98. Mr. Masud Mehran, president of Sunset Homes, Inc., stated that this Tract 3073 was approved under PUD No. 22 which is valid and in force, and thLs proposal is under RS zoning ordinance without variances. The design presented has met the approval of the Planning Department, Planning Commission and the FHA. Some of the advantages of this pro- posal are as follows: 1) It does not increase the density; 2) Pro- vides beautification of Arroyo Road; 3) Introduces a unique type of housing; 4) Provides housing for people of modest income; 5) Provides good traffic flow; 6) Provides good access from subject area to Mocho Park; 7) Subject area is only two blocks from Sunset East Park; 8) The subdivision widens Arroyo Road to maximum of 88 feet; 9) Exten- sion of sewer line to Arroyo Road; 10) Hope to encourage other de- velopers to come up with innovative design; 11) It is being developed under PUD and has all the advantages of a PUD type development and 12) Development is guaranteed as Sunset is owner, developer, and sales agent for Garden Villas. In regard to the park access on the westerly line, the access was included in the original planning, but there seemed to be disadvan- tages such as concentration of traffic flow to park to that point and possibility of the strip becoming a collecting area for trash. Councilman Miller said he was happy to see the park completed and appreciated the loan so that it could be developed now. The motion to accept the recommendation of the Planning Commission and approve the amendment of the tentative map for Tract 3073 was made by Coun- cilman Miller, seconded by Councilman Taylor and approved by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor and Mayor pro tempore Silva None Councilman Uthe and Mayor Marguth * * * REQUEST FOR VARIANCE (Roscoe Brown) The application of Roscoe I. Brown for Variance to allow as a building site a lot with reduction of the required five'acres to 0.57 and reduction of median lot width from the required 300 feet to 154 feet, at 1339 Vasco Road, was referred from the County Planning Commission. On motion of Councilman Miller, seconded by Councilman Taylor, the Planning Commission's recommendation for approval, subject to conditions in the staff report and its trans- mittal to the County Planning Commission was approved by the follow- ing vote: CM-22-322 AYES: NOES: ABSENT: Councilmen Miller, Taylor and Silva None Councilman Uthe and Mayor Marguth * * * The summary of the action taken by the Plan- ning Commission at its meeting of March 3, 1970, was acknowledged. * * * The minutes of the Planning Commission meetings of February 17 and February 24, 1970, were ac- knowledged by the Council. * * * The conditions for approval of the Conditional Use Permit for construction of a convalescent hospital at Portola Avenue and Livermore Ave- nue were reviewed by the Council. March 9, 1970 (Variance - Brown Continued) SUMMARY - PLANNING COMMISSION MINUTES - PLANNING COMMISSION REVIEW - CUP CONDITIONS (Rosenberg) Councilman Miller said he felt that the building elevation and landscape design should be "subject to design review" rather than "subject to the final approval of the City Director of Planning." (Item A.8) and as further listed in Resolution No. 3-70. * * * * MAYOR MARGUTH RETURNED TO THE COUNCIL MEETING AT THIS TIME. * * Councilman Miller stated that since there is so much landscaping involved in this design, the landscaping should be large enough to be attractive and to grow to maturity in reasonable time. Mr. Mason, representing the applicant, asked if the applicant comes in with a parking plan with less paved area but still 70 spaces, which is acceptable to the design review committee, would this be agreeable. Mr. Musso said this would be under condition A.7. Discussion followed relative to the required chain link fence next to the City park area. Mr. Mason said the applicant wished to have this fence lower and unscreened in order that visi- bility will not be obscured. It was decided that the applicant should sub~ a request for variance in the height of the fence at a later time if desired. The conditions of approval were acceptable to the Council. MAYOR MARGUTH RESUMED THE CHAIR AT THIS TIME. * * * The City Attorney reported he had received a letter from the Legislative Council in regard to the bill amending the subdivision map act, as proposed by our City for submittal and in- troduction by Assemblyman Carlos Bee. Mr. Lewis will convey the Council's approval. * * * The City Manager reported that an application had been received from the Livermore Jaycees who wish to sponsor a fly-in and air show at the airport on May 3, from approximately 8:00 The purpose of the show is to display for the MATTERS INITIATED BY THE STAFF (Subdivision Map Act) (Jaycees Sponsor- ship-Air Show) a.m. to 4:00 p.m. public some antique CM-22-323 March 9, 1970 (Air Show Continued) aircraft and flying demonstrations and competitions. The Airport Advisory Committee has reviewed this matter and adopted a motion recommending approval of the permit. Approval would be subject to the following conditions: 1) Insurance coverage in an adequate amount as a rider on the City's policy will be obtained and the cost borne by the Jaycees; 2) Necessary crowd control and safety precautions satisfactory to federal, state and local requirements be provided; 3) Payment made to City to cover necessary material and personnel cost; 4) Return grounds to former condition in connection with cleanup and maintenance and 5) Any other requirements considered necessary by the Airport Superintendent. Mr. Noel Shirley of the Jaycees reported that it is anticipated the type and size of the crowd will be about the same as the Centennial Air Show. On motion of Councilman Miller, seconded by Councilman Taylor, the application, with the stated conditions, was approved by the follow- ing vote: AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor and Mayor Marguth None Councilman Uthe (Population Estimate - State Dept. of Finance) * * * Mr. Parness requested that a resolution be adopted by the Council authorizing execution of an agree- ment with the State Department of Finance for the conduct of a special census which will provide a count by June. The cost is approximately $340.00. RESOLUTION NO. 38-70 RESOLUTION AUTHORIZING THE SIGNING OF AGREEMENT RE POPULATION ESTIMATE On motion of Councilman Miller, seconded by Councilman Taylor, the above resolution was passed by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor and Mayor Marguth None Councilman Uthe Report re Construction Bid - LDAD * * * Mr. Parness reported on behalf of DeLeuw, Cather and Company, the consulting engineer, that six bids were received on March 6 for the construction work in the proposed Livermore Plan. These bids have been reviewed by the City staff and the engineers,and the low bidder is Gordon Ball, Inc., in an amount of $1,948,969. Receipt of this report was acknowledged by the Council. In the event the assessment District is formed, it is recommended that the bid be awarded to this firm. MATTERS INITI- ATED BY COUNCIL (Traffic Signal-4th and Holmes st) Environmental Quality Study Council CM-22-324 * * * Councilman complaints and Holmes matter. Taylor stated that he had received some regardirgthe left turn signal at 4th Streets and asked for a report on this * * * Councilman Taylor spoke regarding the Environmental Quality Study Council held on March 7, stating that it was a rather high level discussion and felt it was a productive affair for the Valley. On motion March 9, 1970 of Councilman Taylor, seconded by Councilman Silva, the Council directed that a letter of commendation and thanks be addressed to the Chamber of Commerce and the Council for En- vironmental Affairs for conducting this hearing in Livermore allowing the testimony to be submitted in this location, and motion was approved by the following vote: (Environmental Quality Study Council, Cont'd) and the AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor and Mayor Marguth None Councilman uthe * * * Councilman Miller indicated a meeting should (LARPD Meeting) be set with LARPD soon to discuss plans and possibility of joint committee. Mr. Parness was directed to try to set a meeting between the 24th and 26th of March. * * * Councilman Miller asked if there is any way the Council can take action regarding the switching and maintenance of the railroad tracks. Mr. Parness stated that the railroad companies can be requested to look into the matter. (RR Track Maintenance) * * * The study session set for March 5, was cancelled, (Study Session) and Councilman Miller felt another date should be set. The Council will consider this matter and whether or not to wait until after the new Council is seated to hold the study session. * * * Councilman Silva read a statement to the Council concerning the recent meeting of the Environmen- tal Quality Study Council held on March 7. He spoke in reference to statements made at the meeting by an elected official of the City of Livermore, calling for a mortorium on residential development and re-routing of major freeway through traffic as a means of combat- ing air pollution in the Valley. These statements gained national publicity which Councilman Silva felt would retard industrial de- velopment in Livermore for several years. Industry will not locate in an area where its employees cannot find homes, and industrial growth is needed and sought after by the City. Secondly, one com- munity cannot condemn people for using the freeway system provided for travel through the Valley. He felt the real problem was the internal combustion engine and efforts should be directed to elimination of this source of pollution. Councilman Silva further stated the Council must be for progress and against any emotional moratorium at any time and urged the Council to adopt a policy statement as a community that welcomes controlled growth and that we do not support a moratorium on residential development. Coun- cilman Uthe had read the policy statement and supports this poli- cy, but was not present due to illness, stated Councilman Silva. (Statement - Environmental Quality Study Council Meeting) On motion by Councilman Silva, seconded by Mayor Marguth, the Council was asked to adopt a policy statement to this effect. Mayor Marguth said that it was his understanding that a moratorium had not been called for at the meeting, and the statements made nationally were misleading and action by the Council would not offset what had already been said. Councilman Miller pointed out that what had been said was that the Valley has the worst smog problem in Northern California; CM-22-325 March 9, 1970 (Environmental Meeting Continued) this is a fact and he felt he could not lie about it. As a Councilman he felt he should look after the interests of his constituents. They have nothing to gain by an increase in smog and he had suggested that the Study Council consider a temporary morator- ium on construction in this Valley and the possibility of trying to discourage traffic on the freeways as a means of controlling pollu- tion since these are the only sources over which we have control and which represent the fastest rising components in smog. The average pollution level is 20% over the State minimum standard and people in Livermore should not have to suffer from this increase in smog. Councilman Miller further stated he could not encourage construction when it could result in a decline of values of exist- ing properties. Contamination from car pollution will take ten years to control and protection is needed now; whatever it takes to protect his constituents now, he is willing to do. Growth is not necessarily progress in today's world, nor is unlimited build- ing of freeways considered progress. A stand should be taken to try to stop pollution which is a severe problem. It is irresponsible to waive off as without value the 70,000 people who live in the Valley for the benefits from encouraging another 1,000 to 2,000 families to enter the Valley each year. Planned growth depends on who the City Council is and to which pressures they succumb. Local people will suffer more from growth than those who would be affected by a moratorium would suffer. He felt that this resolution should be put aside. Councilman Silva stated he did recognize that we have a smog problem, but he did not feel that a moratorium on building is the right action. Mayor Marguth summarized the intention of the resolution as recog- nizing the Council's desire for controlled growth and a planned community and stating that the Council has never taken action calling for a moratorium. Planned growth is outlined by the General Plan and past action of the Council. Councilman Taylor stated that a resolution indicating that the Coun- cil has never considered a moratorium on building would be agreeable, but of course it cannot speak for future Councils. Livermore's problem is that it has had 10% per year growth and no industrial or commercial development to keep up with the residential growth. We do not need, at the moment, to encourage residential growth. Mr. Earl Mason, president of the Chamber of Commerce, pointed out that the Chamber sponsored the meeting with the sole purpose of finding a practical solution to the smog problem. We need commer- cial and industrial growth, and calling attention to the smog problem will not accomplish this. Better monitoring of smog is needed so that practical answers can be worked out. Shopping centers will not come until the City is larger, and this is one of the pur- poses of LDC. Mr. Mason stated that in a conversation he had with the chairman of the Study Council, the chairman said he preferred a density around the core of the City and reserve open spaces around the City. It is contradictory to work for the LDC program and on the other hand to point up the smog problem. He, too, felt that emission control of cars would reduce the problem considerably before too long and this part of the federal and state program should be backed for control along this line as quickly as possible. Mayor Marguth pointed out one of the reasons for the meeting was to let people know that we have a problem and are working on solu- tions. It is extremely important that radical solutions are brought to the attention of the public in order to focus their attention on the problem. He indicated to Councilman Miller that no one on the Council was censuring his action as a citizen to speak out; the important thing is that the community not get a bad image. Councilman Miller restated his concern over the meaning of controlled or planned growth. Nothing has been said about the rate at which CM-22-326 March 9, 1970 this growth will be obtained; some want rapid growth now to the extent of the General Plan. At present there is unbalanced growth as the residential area grows without an increase in commercial and in- dustrial growth. A balanced community is a good idea, but in the past years efforts to increase industrial, as well as commercial to some degree, have failed. There are really only two ways to make a significant difference in smog level. A building mora- torium is not radical, and is being used in some places now because of pollution. These proposals for reducing smog are temporary solutions and hit at the short run problems to protect the public. He urged that a resolution of this kind not be passed. (Environmental Council Cont'd) In answer to Councilman Miller's statements about setting a growth rate, Mayor Marguth pointed out that in 1966 and 1967 the Council had given considerable study to determining a reasonable growth rate and had asked the school board for a rate in connection with school growth and had been unable to obtain a definite answer. Mayor Marguth then suggested to Councilman Miller that after elec- tion of the new Council that this matter be brought up again and the same question asked again. After further discussion the resolution was restated that the Livermore City Council has supported the balanced community con- cept and the Livermore City Council has never considered a mora- torium on growth. Councilman Taylor stated that as far as he knew Councilman Miller had not asked for a moratorium, and he felt this discussion was misleading without a moratorium ever having been proposed. He felt that what had been said at the meeting by Councilman Miller as a private citizen should be separated from the statements of the Council. RESOLUTION NO. 40-70 A RESOLUTION SUPPORTING A BALANCED COMMUNITY CONCEPT The above resolution was passed by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Silva, Taylor and Mayor Marguth None Councilman Uthe * * * Mayor Marguth reported that the revised assess- ment factors for the Livermore Plan are almost identical with those originally calculated. For the residential property the rate is .01115 per square foot rather than .0115, and the base factor for the core area is .136 per square foot instead of .119. A courtesy notice will be sent out as quickly as possible. LDC Assessment Rates * * * There being no further business to come before the Council, the meeting was adjourned at 11:40 p.m. ADJOURNMENT ATTEST l CM-22-327 LIVERMORE DEVELOPMENT COMMISSION Transcript of meetings of March 16 and March 17, 1970 in separate binder. Adjourned Regular Meeting of March 21, 1970 An adjourned regular meeting of the City Council was called to order by Councilman Uthe at 10:05 A.M., on Saturday, March 21, 1970, in the Justice Court Chambers, 39 South Livermore Avenue, with Councilmen Miller, Taylor and Uthe in attendance, Mayor Marguth and Councilman Silva absent. The meeting was then ad- journed to the Livermore High School Auditorium for further discussion concerning the Livermore Development Assessment District. * * * The meeting of the City Council was again called to order at 10:20 a.m. at the Livermore High School to discuss the testi- mony taken on Monday and Tuesday evenings, March 16 and 17, and to attempt to evaluate the equities and inequities which were brought out in that testimony. The first step this date was to discuss the testimony received relative to the inequities brought to the Council's attention and then the Council would move to a discussion of the overall project. * * * PRESENT: Councilmen Miller, Silva, Taylor, Uthe ROLL CALL and Mayor Marguth ABSEN'l' : None * * * Mayor Marguth presented a transmittal from the LDC which listed several items in which they believed there should be realignment of the zones of benefit. The testimony received during the pub- lic hearing substantiated the recommendation from the LDC. The first item was regarding the Madeira Way Madeira Way area, and the recommendation is as follows: Several properties along the north side of Madeira Way presently are included in Track Relocation Zone No.6; it is proposed that these properties be removed from this zone due to their lack of benefit from this improvement. The Mayor explained that there are approximately 11 homes included in this area which were originally included in the T-6 Zone be- cause of the relocation of the Southern Pacific tracks further to the north to align with the Western Pacific tracks, and it was the opinion of the assessment engineers that there was equity for the eleven parcels beginning at School Street and moving to the east. Closer to the middle of the block on Madeira, the tracks were essentially in the same location as before so the rest of the homes were not included in the T-6 Zone. All of Madeira Way was considered B-1 Zone in the Beautification portion of the plan, since heavy screening was to be placed along all of the tracks in that area. On motion of Councilman Silva, seconded by Councilman Taylor, and by unanimous approval, the Council accepted the recommendation to delete this portion of Madeira Way from the Track Relocation Zone No.6. Testimony had been heard from the owner of the Livermore Car Wash, questioning the benefit to that property. There are six lots which pre- sently have frontage on east First Street, but will not have front- age on the proposed realigned First Street, and it is recommended that this property be changed from Track Relocation Zone of Bene- fit No. 1 to Zone 4, which carries a 25% factor for track relocation. Livermore Car Wash (2891 First st.) Councilman Silva stated he agreed with this recommendation since the state highway will be removed and the property will not have CM-22-329 March 21, 1970 (Car Wash) direct access to the state highway when the plan j_s implemented. Councilman Silva suggested the possibility that the property might even be removed from the Zone 4 benefit district as there would be approximately 100 feet between this property and the realigned First street, and in order for the owners to have access to First street they would have to purchase this frontage. A motion was made by Councilman Uthe, seconded by Councilman Taylor, to accept the recommendation to change the zone of benefit from T-l to T-4. Councilman Silva made an amendment to the motion to change the zone of benefit to T-5, which would be an approximate reduction of 2i per square foot, but the motion was not seconded. The motion to accept the recommendation to change the zone of benefit to T-4 was approved unanimously. Glenwood ,Court One of the residents had spoken for the neighborhood in the area of Glenwood Court and stated that the residents were in opposition to the plan because they felt that their single family residential area would not benefit to the extent of the rest of the area since their homes were recently constructed, high quality houses and they intended to remain so for many years. In connection with this area, Mayor Marguth pointed out that there is a further recommendation for creation of a T-7 Zone of benefit to ex- tend down to P street on the east, 4th street on the south, and half- way through the block on 2nd street. Councilman Miller said he felt that since this area is not commercial and probably never will be, that the area be removed from the track relocation assessment. Councilman Silva felt that since the tracks would be moved away from the area that they would benefit from the re- location to some degree. Councilman Taylor stated that to his know- ledge this area is not considered for commercial usage under the Gen- eral Plan and would remain residential; therefore, he agreed with Councilman Miller. Mayor Marguth explained that the Glenwood Court area is zoned RL-6 (Residential) which involves eleven lots and north of the corner lot the area is zoned CP (Professional Office). Councilman Taylor said he would question deleting the vacant lot front- ing on Holmes Street as he felt it unlikely that a single family home would be constructed fronting on Holmes Street across from a commercial area. He suggested that the boundary be drawn to include only the present single family construction. Mayor Marguth felt it would not be equitable to single out anyone property. Councilman Silva felt separating the lots on Holmes would be pre-zoning of the area. Councilman Taylor pointed out that on Madeira Way the value is increased because it becomes quieter from the track relocation without the idea of the area ever being zoned commercial, while the area fronting on Holmes is being charged for part of the track relocation simply because it will promote commercial activity. Councilman Silva made a motion, seconded by Councilman Uthe, to delete the area west of Holmes within the recommended T-7 zone from the re- location assessment. A motion to amend the main motion was made by Councilman Miller, seconded by Councilman Taylor, that those two lots fronting on Holmes street should be left in the track relocation zone. The motion to amend failed by the following vote: AYES: NOES: Councilmen Miller and Taylor Councilman Silva, Uthe and Mayor Marguth The main motion to delete the proposed area to be assigned a zero assess- ment for track relocation was carried unanimously. ON-22-330 March 21, 1970 .~ Property in the area of Lillian and Broadmoor streets have the back of their lots encumbered by a 100 ft. wide PG&E easement. Although this property can be used by the property owners, it is restricted for structural placement and in view of this it is concluded that an equitable resolution would be to apply only a 50% assessment against that portion of this pro- perty under the PG&E easement. Lillian street and Broadmoor st. Mayor Marguth stated that a transmittal had been received from the property owners on Lillian street indicating they were not protest- ing their entire properties, but were protesting the assessment on this PG&E easement. The recommendation is that the property bear a 50% assessment in view of the fact that the property is available for limited use by the owners. Councilman Miller made a motion to accept the proposal of the pro- perty owners that there be no assessment on the PG&E easement area in Wagoner Farms and Greenville North and this easement area be deleted from the general underpass zone, and the motion was seconded by Mayor Marguth. Councilman Uthe stated that the recommendation of the LDC implies that the land is about one-half usable. Mayor Marguth then read the transmittal statement received from the homeowners in the area stating that they do not receive benefit from this area. The motion to exclude from the city-wide assessment for underpass construction the PG&E easement areas in Wagoner Farms and Greenville North was passed by the following vote: AYES: NOES: Councilmen Miller, Taylor, Uthe and Mayor Marguth Councilman Silva During the discussion Councilman Silva expressed his feeling that since the easement area is under the name of the property owner and can be used by him for some uses, that the property owner does benefit from the easement and should be assessed at 50% of the ori- ginal assessment for this portion of land. Mayor Marguth read the recommendation from the LDC. The Valley Memorial Hospital is presently located in Track Relocation Zone No. 3 and be- cause the nature of this institution is valley- wide and a substantial portion of their holdings is being devoted to parking and landscaping, a change in zone was thought appro- priate. The hospital general plan anticipates that their frontage may be devoted to private but allied commercial use in time. For this reason it is proposed that the front 100 feet in depth be classified in the TR-3 Zone of benefit and the balance in TR-6 Zone. Valley Memorial Hospi tal Mayor Marguth stated the approximate reduction in the estimated amount of assessment is $8,000. The front 100 feet would be in the TR-3 Zone, which is 50% benefit, and the balance in TR-6, which is 10% benefit. A motion was made by Councilman Uthe, seconded by Councilman Silva, to change the zones of benefit for Valley Memorial Hospital and that the front approximate 100 feet be left in TR-3 and the rest placed in TR-6. Councilman Taylor made a motion to amend the main motion by directing the assessment engineers to delete the rear portion of the property, which will be in perpetual use as a hospital, from the potential zone of benefit and reduce it to zero benefit, and it was seconded by Councilman Miller. After further discussion regarding the benefits to be derived by the hospital under its general plan from the track relocation zones, Councilman Miller withdrew his second from the motion to amend. CM-22-331 ... .L March 21, 1970 (Hospital Continued) Councilman Miller then made an alternate motion to amend the main motion to accept the recommendation that the first 100 feet be in TR-3 Zone and that all property behind that line be excluded from the track relocation for a zero assessment. He felt this land would be in public use and no commercial benefit would be derived. However, there was no second made for the alternate motion to amend. At the close of the discussion, the main motion to place the front 100 feet in TR-3 and the rest in TR-6 was approved unanimously. Mayor Marguth read the following recommendation of the LDC: Although only six zones of benefit pre- sently exist for proposed application in track re- location, further thoughts are that some of the properties inclusive in TR-6 Zone of benefit will derive a lesser amount of benefit due to their location and the effects of the improvement. Generally, this pertains to the land between 3rd and 4th streets, westerly of P street (including the Glenwood area and the hospital which have already been considered) and also some land that is in a similar category, located in the east portion of the central business district that is between 3rd and 4~ streets and McLeod and Wood streets. It is suggested that this new zone of benefit be applied to this area, that being TR-7, which would have an assessment rate of approximately one-half of Zone TR-6, or a 5% assessment, and the rate per square foot would be approximately .0075/square foot. TRACK RELOCATION ZONE NO. 7 Mayor Marguth stated that the area located in the east portion of the central business district has not been defined and this area must be considered and a recommendation made by the Council as to the boundaries. Mayor Marguth asked that the Council first consider that area clearly defined on the revised map between 3rd and 4th streets, westerly of P street. There had been testimony from persons in this area rela- tive to their benefit. This area is presently single family residen- tial zoning, and the recommendation for TR-7 is based upon that zoning. In answer to a question by Councilman Uthe, Mayor Marguth explained that action earlier in the evening had removed the Glenwood Court area, of that area west of Holmes street, from the Track Relocation Zone of Benefit and assigned this area a zero assessment. The area east of Holmes street was not affected by this action. Councilman Silva commented that the reason for this was that the homes in Glen- wood Court are newer and will be residential for the term of the assessment. Councilman Miller pointed out that these two sections are also separated by a state highway. Councilman Taylor felt it was reasonable to redefine these zones of benefit; the ideal situation would be to have twenty zones of bene- fit, but that would be too complicated. In this particular case as we get closer to the outer edge of this district, there are some clear cases where there are inequities and creation of an additional zone, TR-7, with half the assessment rate of TR-6, is a reasonable thing. A motion was made by Councilman Taylor, seconded by Councilman Silva, to introduce the creation of a 7th zone of benefit and that the Council move to discussion of the areas within the track relocation that would be considered for redesignation as TR-7; the motion was approved unanimously. Mayor Marguth asked the Council if there were any recommendations regarding the boundaries of that portion designated on the map in the westerly portion of the City as TR-7. Councilman Taylor stated that he felt the zone as indicated on the map regarding this area was equitable as drawn. The present zoning as indicated by the staff is RL-5-0 (5,000 sq. ft. minimum lot size). Mayor Marguth reminded the Council that wherever changes in assessments are made, assess- ments in other zones will have to be adjusted upward to compensate for the decrease in these area~. CM-22-332 March 21, 1970 A motion was made by Councilman Silva to adopt (TR-7 Cont'd.) Zone TR-7 for the area east of Holmes, south half way through the block on 2nd and 3rd Streets, over to P street and down the north side of 4th Street, and this was seconded by Councilman Uthe; the motion carried unanimously. THE MEETING WAS ADJOURNED FOR A BRIEF RECESS AND RECONVENED AT 11:30 a.m. WITH ALL PRESENT. Mayor Marguth stated that there was a recommendation for a change from TR-6 to TR-7 Zone of Benefit, one part of which had been con- sidered and asked if there was any other area of TR-6 that the Council would like to consider for TR-7. Councilman Taylor asked if it was possible to get a recommendation from the assessment consultant in that area. Mayor Marguth suggested that the Council take into consideration the testimony that has been offered and discuss whether or not there is a reduced benefit for that area relative to another area within the TR-6 Zone and consider it from that point of view. Councilman Miller stated that there is a staff recommendation as to what the area should be. Mr. Leon Horst of the Planning Department explained that the staff had recommended that the area east of McLeod Street south of one-half of the block between 2nd and 3rd Streets up to the extension of Church Street over to Wood Street be reduced down to TR-7, which includes the area of the classrooms of st. Michael's School. Mayor Marguth asked Mr. Horst what the general nature of that area is, and Mr. Horst explained it was generally single family, residential area with a few duplexes; it is planned to be a multiple family residential area in the General Plan. Councilman Taylor stated that he thought the properties fronting Livermore Avenue should remain in the TR-6 Zone as they are in rather heavy commercial use. He was advised that the recommenda- tion is for McLeod Street and that the block including the Post Office and the commercial between 3rd and 4th Streets is in TR-6. Councilman Miller stated that the change seemed reasonable to him, and made a motion to adopt the area as stated as TR-7, and the motion was seconded by Councilman Uthe, and the Mayor asked for discussion on the motion, if any. More specifically the mo- tion was to include the area between McLeod, Church, Wood and 4th Streets and half way between the block on 2nd and 3rd Streets and change that from TR-6 to TR-7 Zone of benefit. Councilman Taylor pointed out that on the east end of this zone, even though there is some commercial use, there are some proper- ties that could be either multiple or commercial, nevertheless in that area the railroad is actually being diverted away from them and being replaced by the state highway and he believes it is reasonable to downgrade the benefit in the area. The vote was then taken on the motion and it passed unanimously. Mayor Marguth stated there were other areas that were mentioned during the public hearing and protested and asked if any of the Councilmen wished to raise any areas for discussion at this time. Councilman Miller stated there was some testimony EL RANCHO DRIVE raised by the people who lived on El Rancho Drive and who argued that because the railroad tracks were being moved toward them instead of away from them, they would not receive a benefit, but instead a disadvantage from the track relocation. That circumstance seemed to him legitimate grounds CM-22-333 March 21, 1970 (El Rancho Continued) for protest and he suggested that even though these residents are not in any of the track relocation districts (and that is not an issue), they are in the underpass district from which they will receive a benefit; that people on El Rancho, and any other single family residences not in a commercial zone similar to them, should have their underpass assessment reduced by half. Mayor Marguth restated the motion made by Councilman Miller which was to reduce the underpass assessment by half for those proper- ties such as on El Rancho Drive, who will receive a benefit, but not a benefit in proportion to the rest of the community, and asked if there were any others. ~ Councilman Silva remarked that there were some all the way through town. Councilman Miller, however explained that most of the places where the railroad tracks go through now are commercial, and in those instances, there is a distinct benefit to be gained from the moving of the railroad tracks because of the commercial nature, but it is the residential ones who have the disadvantage of having extra train tracks; there may be some apartments on the east end of town, but there aren't too many that are in this area. The motion was seconded by Mayor Marguth. Councilman Taylor asked how many houses were involved on El Rancho, and it was determined by actual count that there were 26 single family homes all about the same distance from the track, and in- cluding the multiples, there were about 35 to 40 altogether which includes some on Ventura Avenue also. Councilman Taylor stated that you had to be a little careful as the rest of the people would have to pick up this cost. He pointed out that some of the houses on Ventura Avenue were further away than houses on the opposite side of El Rancho Drive. Councilman Miller stated that he would propose to draw a line along the frontage of El Rancho, parallel to the tracks, and wherever that line crosses the property, the ones to the south of it would be given one-half assessment, and the ones to the north would pay the full amount. Mayor Marguth asked if he meant that a line would be drawn down the middle of the street, parallel to the tracks, and Councilman Miller stated that he would draw the line across the front of the houses because it is the houses, and the distance of the houses from the tracks that is important and not the middle of the street, and as far as Ventura Avenue, it comes at an angle. Councilman Uthe questioned the approximate amount of assessment involved and was advised that it would be about $2500 to $3000. Councilman Silva stated he did not know the actual asse.ssment there, but using $50.00 as an example, if they removed that assessment, he felt the people would still protest the tracks relocating in that area; even if they gave them $50.00, he was sure they would still protest. By reducing the benefits, he did not see any bear- ing on the issue. They are part of the City, they will be using the underpasses, and he is paying his assessment for this and that is what most of the people are paying their assessment for - not the fact that the tracks are close or far from him. ~~ Mayor Marguth stated that the testimony given at the public hearing was directed more at railroad safety (referring to photographs sub- mitted to the Council for consideration) and the increase of the noise in the area and suggested that the Council might take action CM-22-334 to address the photographs to the Western Pacific Railroad and to indicate that the Council was con- cerned about this type of situation within the City and would like to know what their plans and improvements are for improving the railroad track maintenance in the area. March 21, 1970 (El Rancho Dr. Continued) Councilman Miller stated that they are already in the process of submitting a letter to the PUC about track maintenance because of the testimony raised by the people on El Rancho Drive. Councilman Silva added that the people in the area are also con- cerned about where the Southern Pacific tracks were being relocated; whether south or north of the existing Western Pacific tracks and he felt sure it was south of the existing tracks which would be further away from the homes on El Rancho Drive. Councilman Taylor stated they were not really talking about a case where these people have less benefit from the underpasses, but were talking about sort of a payment for severence damages or some- thing along that line, but talking about doing it a different way; as far as the people along El Rancho Drive are concerned, they would benefit much more from a serious commitment by the City to heavily screen the railroad track with plantings and so forth, which will produce a real reduction in noise and annoyance a lot more than $30. or so in assessments. He felt the City should infor- mally make a commitment to screen that area. Mayor Marguttlrr.entioned that it was his understanding the Beautifi- cation Committee had a recommendation in their budget for screen- ing those areas regardless of whether or not the tracks are re- located. Mayor Marguth stated further that the real issue with the people in that area is the question of maintenance of the track, and the second important factor is noise; they do benefit to the same extent from the underpasses as the adjoining properties through- out the City. Mayor Marguth asked for a vote on the motion at this time; however, the motion failed to obtain a majority, with Councilman Miller only in favor. Mayor Marguth asked if there was any other item that the Council wished to bring to the floor relative to equity in the distribution of benefits, and Councilman Silva stated that a representative of the American Red Cross had contacted him regarding some property they had just purchased at 373 North L Street. They are not pro- testing the plan, but they feel they should be exempt since they are a public service agency. The dollar amount is $106.86, but if it is a public service, the hospital is and we can even assume the churches are, so where do we draw the line? Councilman Silva stated he did not know how he felt on this, and asked for some dis- cussion on the matter. Mayor Marguth stated he would like to reserve this item, along with another discussion relative to the exemption or reduction of assessments on church properties, when quasi public uses are dis- cussed. Councilman Taylor brought up the large Recreation Center in Spring- town that is operated just like a public facility, and felt they should discuss the pros and cons of possibly exempting that. Councilman Silva stated if they did that they would have to include the cabana clubs around town. Mayor Marguth stated there was a difference in that the Recreation Center is available for use by all organizations in the City, and asked for the Council's feeling on this issue. CM-22-335 March 21, 1970 Recreation Center Councilman Uthe stated that the Recreation Center is a part of the Springtown Homeowners Association and the property is owned by them as a community project, and therefore should be assessed in bene- fit as their single family home properties are assessed. Councilman Miller stated that this facility is not available freely to the public. It was constructed originally to aid sales in Spring- town, much as the cabana club in Granada area and the proposed swim- ming pool in Wagoner Farms, and it could be sold at any time for other use, such as residential, highrise, commercial, etc. Mayor Marguth felt that the question is one of equity; it is a place of recreation open to Springtown residents and felt there is merit in reducing the assessment or exempting it from the district. Mayor Marguth felt that as far as the cabana clubs are concerned, they re- quire a paid membership and are not open to the public. Councilman Silva said that if a fee is charged for use of the re- creation center, other than cleanup, then a profit is made; he felt it is not a public facility. A member of the audience told the Council that the center was owned by the two tracts in Springtown, and that it was available for use only by members. Councilman Taylor stated that the recreation center should not be exempt since it is not open to general use by the public. Mayor Marguth asked the Council if there were any other areas for consideration for change of zone of benefit or exemption. During the testimony a question was posed regarding assessments on church properties relative to the ben- efit derived by churches from the assessment district. Mayor Marguth stated that in attempting to consider use of church property there is no long term limitation as to what a church property can be used for; one church building was recently sold to a nursery school and used in this way for a profit making use. Similarly, the area around the churches in the core of the City would stand to be in a position for a higher use at some time in the future. It would also seem that such properties as the Penticostal College would be available, possibly at some point in time for zoning to a higher use. But then there are several churches which have re- cently purchased property, constructed new facilities in the suburbs of the City, and these churches are planned as religious facilities for at least the length of this assessment period. There is some justification for the Council to consider a change in the benefit distribution for religious properties. Church Properties Councilman Silva said this would be difficult to do. Some churches might fail during this period, and it would be hard to tell which ones would be sold and which ones would remain in church use. Councilman Uthe said he agreed with Councilman Silva; he did not see how it could be worked out in an equitable manner. Councilman Taylor stated that he had known churches, which in order to grown and expand, had to buy adjacent properties at commercial value and thus take them off the tax roll. Church exemption from property tax is a different matter. Zone 7 tax was applied because it was argued that churches benefited and these taxes have to be paid. This is different in that this assessment is to make it easier to get back and forth across the City and he did not see an equitable way to exempt these properties. CM-22-336 March 21, 1970 Mayor Marguth asked the Council to consider Chestnut street the area north of the Western Pacific tracks that is in TR-5 Zone. The original purpose for putting this area in TR-5 was that it is adjacent to the rail- road track and an area where there is commercial use now. TR-5 is a 15% factor rather than 10% for TR-6 or 25% for TR-4. There are a few residences in that area; four on K street, three on the corner of L and Chestnut streets; four on Chestnut street between Nand M streets, and five on the corner of M and Chestnut streets, and some on Livermore Avenue between Chestnut and Oak streets. Councilman Miller said he thought that most of these were zoned commercial, but it was pointed out that the area to the west of L street is zoned commercial and the northern half is zoned multiple and the area to the south is commercial. Councilman Miller felt that those areas zoned multiple do benefit since it is advantageous for multiple to be close to commercial zoning. It is good planning sense to have multiple around the core of the City to be close to shopping and conveniences. There is a benefit here as to relocation of the tracks, so the assess- ment should be retained. Mayor Marguth stated that the question is whether this should re- main in TR-5 or be put in TR-4 or another zone of benefit. It does bear a relative constant zone of benefit throughout. There was comment from the audience as to why the Council did not take a vote on the Plan as a whole and whether all this discussion was necessary. Mayor Marguth pointed out that it was necessary to follow through on the discussion. Councilman Taylor said that the north half of the two blocks pointed out on the map are residential now, but there will be an underpass constructed which will certainly change the use to the west. He said he would expect the entire area to ultimately be- come commercial. Mayor Marguth said that the area to the east of the Livermore Avenue extension, however, will be cut off by an underpass which will extend almost to Chestnut street. The frontage will not be maintained on Livermore Avenue. Councilman Miller said he did not see any reason to increase the amount of the assessment. The area will still be north of the tracks. Councilman Silva felt that the properties losing their frontage presented another problem; otherwise he agreed with Councilmen Miller and Taylor. Those properties without frontage will be compensated. THE COUNCIL RECESSED FOR LUNCH AT 12:30 P.M. AND RECONVENED AT 1:47 P.M. WITH ALL MEMBERS OF THE COUNCIL IN ATTENDANCE. Councilman Uthe stated that during the recess Mr. Roger Anderson had requested that the procedure being followed be clarified for those present. The Council is following to the letter of the law and the requirements placed by the state of California. The Bond Counsel Mr. Ness, is present for the primary purpose of seeing that the Council follows the legally prescribed course of action and uses lawful procedures. Further, he stated that he was sure those present wished to hear debate on the Plan as a whole, but certain procedural steps have to be followed. The Council is not delaying the matter. Mayor Marguth stated that each of the recommended changes in zones of benefit based on inequities had now been discussed, and asked if there were any other items to be discussed before the Council discussed the Plan in general. CM-22-337 March 21, 1970 Hospital Area Councilman Uthe said he would like to discuss the area in the vicinity of the hospital in the TR-3 Zone. Many of the people in the area are concerned that they were included in a major street assess- ment district for Murrieta Blvd. and are now being asked to pay for a railroad relocation. They feel this is a lack of equity, having to pay twice for public works improvements which benefit the whole project. Mayor Marguth stated that the matter concerned equity for the area along Stanley Blvd., west of Fenton Street, which is in Zone TR-3. Councilman Uthe pointed out they had been assessed heavily for con- struction of Murrieta Blvd., and the TR-3 Zone is a 50% of the es- timated square footage cost for the track relocation project, or approximately .07/sq. ft. plus the Ii for a total of .08/sq. ft. assessment. It must be determined if there is sufficient benefit for the property fronting on Stanley Blvd. from the relocation of the Southern Pacific tracks for the property to increase in benefit. Councilman Uthe stated he was not recommending that they be removed from the zone, butthat they might be given a credit for the cost on the street. Mayor Marguth felt that if this was done, then credit also would have to be given to the railroads and the P Street shopping center for the Railroad Avenue construction. On the Murrieta Assessment District the City as a whole participated in that project at a rate higher than it normally would participate simply in order to make the project one that could go and be of benefit to the general com- munity. The property in this area should derive substantial benefit from the relocation of the tract and the underpass since the inter- section will become of totally different character. The environment of the area north of Stanley Blvd. will also become substantially different in nature, therefore enhancing the property. Generally, the Murrieta Assessment District included all of the area shown in TR-3 on the map over to the hospital and including much of the TR-6 Zone south of the hospital. Mayor Marguth stated he felt there was justification for the TR-3 assessment for this area. Councilman Silva said perhaps there should be some adjustment for the back half of the property, which probably will relate to another street in the future and thought the Council should discuss changing the back half of the property to TR-4 rather than TR-3 since it ad- joins property assessed under TR-6. This is quite a change in assess- ment rate. Future development probably would not go all the way back to the line of the present TR-3 Zone. Mayor Marguth felt that if the property was sold for development that the entire parcel would be sold and not divided. Councilman Silva stated that if, in the future a street bisected the property, the property facing the new street would not be re- lated to the railroad to the same extent as the property on Murrieta Blvd. Under the General Plan this property is shown as a block without any street commitment. Mayor Marguth indicated that this was similar to the property on ~ast First Street where the entire parcel was changed to TR-4 Zone. In this case the property cannot be split in the middle, and the basic argument is whether or not this should be considered as an entire parcel. Councilman Silva felt that if half the property was owned by another part, it would probably be assigned to the TR-4 Zone; but this is presumed to be one ownership. Councilman Taylor stated that the property fronting on Stanley Blvd. will benefit because of development of the entire area as commercial, and his understanding was that the Council was considering an inter- mediate zoning for that property between the portion fronting on Stanley Blvd. and that designated as TR-6. CM-22-338 March 21, 1970 Mr. Ness pointed out that running a zone line in any particular place did not change property descriptions or make physical changes in the property. In other words, if a zone line runs through part of a piece of property, that piece of property's assessment will change due to the change in zone line, but there will not be two separate assessments - only the dollar amount will change. So the lines should be drawn where it is considered best. In explanation, Mayor Marguth stated that if the property were split so that halfway through the property the zone was changed from TR-3 to TR-4, there would be a dollar amount calculated - it would not be assessed at so much a foot in front and so much a foot in back - it would be per the ownership. Mr. Ness replied that you would arrive at the amount of the assess- ment by calculating how much property there was in front at a certain dollar rate and how much there is in back at a certain dollar rate. However this assessment rate is figured, the assess- ment for the parcel is "X" dollars and the owner would receive a bill for that amount. If the property is later divided and part of it sold, then the assessment split will be figured according to the zone lines. Councilman Taylor felt that the zone lines should not have to be drawn along property boundaries and that most of these properties will change hands and it does not make sense to put the boundaries crosswise and split pieces. The main thing is to determine if this project will benefit those properties fronting on Stanley Blvd. to the extent shown by the map. Properties fronting on Murrieta Blvd. are in a different category - they will be used differently since they front on a different street and he stated that he had heard no real argument yet on this area to substantiate a change. Councilman Miller agreed with Councilman Taylor and did not see any reason for a substantial change. As far as making a change due to the fact that some of the property was in another assessment district for Murrieta Blvd. is not reason to change the zone of benefit on that property. The people in the previous assessment district were in that district because of their proximity to Murrieta Blvd. and the creation of the Murrieta Assessment District makes their property more valuable and they do not lose anything. Their properties do not become any less valuable due to moving the railroad tracks, in fact they become more valuable. Councilman Miller did not see any reason to change the zone. Mayor Marguth asked then if there were any other areas the members of the Council wished to discuss. As there were none, the Mayor asked that the Council move into discussion at this time of the general benefit to the community proposed by the construction of the underpasses, particularly for the city-wide assessment, and the relocation of the tracts in regard to the benefit derived by the adjacent properties with the structured zones of benefit now defined. Councilman Taylor asked that the Mayor be more General Benefits specific; if he meant the discussion to pertain to the equity of the city-wide assessment district. Mayor Marguth stated that the question now was whether or not there is city-wide benefit from the construction of the underpasses - the project cost that is to be assessed against the entire acreage of the City as described by the zones and the benefit to that zone must be discussed to understand the action to be taken by the Council. In the testimony before the Council, there was testimony relative to the fire and police protection to the property of the community; there was testimony relative to the possible financial benefit to the community in the long term. The Mayor then asked if there was any comment on these items. CM-22-339 March 21, 1970 Councilman Silva stated he agreed with the Fire Chief and Police Chief that this will increase our fire and police protection. He felt that from the traffic engineer's viewpoint the traffic circu- lation will be tremendously improved; with the track relocation the underpasses will open up commercial areas which will increase the tax base in the City, which in turn will reduce taxes for homeowners and will increase sales tax revenue throughout the City. Councilman Miller wished to expand on the traffic circulation matter. Personally, he was stopped by a train at least once every two weeks, but the point made in the testimony is that the train traffic can be expected to increase and certainly the auto traffic in the City will increase strongly in the next ten to fifteen years and some sort of grade separation will be essential, or every time a train goes by the traffic will be backed up to Highway 50. There are 20,000 cars a day on First Street now and 40,000 can be expected in five to ten years. Councilman Taylor spoke regarding the underpasses, stating that comments heard at the time that left turn lanes were installed on First Street were that there were about 18,000 cars per day on First Street and there are about 25,000 cars per day on Highway 580. Look- ing at the Murrieta-Stanley Blvd. interchange, today there are just a few feet between the tracks and the street. Murrieta Blvd. will be the main entrance to the City of Livermore as the off-ramp from Highway 580, for which bids have been solicited, will turn into Murrieta Blvd. and Portola Avenue made a dead end. It is designed to carry heavy traffic and that Southern Pacific crossing near Stanley Blvd. is going to be extremely hazardous. An underpass will have to be made there sooner or later. If the underpass is in- stalled without moving the track, it will sever access to both com- mercial properties on the south side of Stanley Blvd.; namely, it will cut off the two new gas stations and the City will have to pay severance damages. If there were an overpass the roadway has to be 28 ft. over the track and the overpass would extend past the stations. It seems that the need for the underpass at this point is great, and the benefit for the City will increase in the future. Councilman Taylor continued that the other important crossing is at First Street (Rte. 84). If a crossing is made there, it will be at an oblique angle and there will be substantial benefit to have a crossing at this location. The backup from train crossings with traffic in excess of 18,000 cars builds up rather fast and as traffic increases, it will be an even greater problem. There are substantial benefits from those two crossings; there will eventually have to be an overpass built at this point at an oblique angle and considerable cost to the City, probably as much as the four crossings now proposed. As far as the other two crossings, Councilman Taylor said that even now they are very heavily used and traffic will not decrease. Mayor Marguth spoke regarding the proposed construction of an inter- change at Portola Avenue so that the City would have safe ingress and egress into the freeway toward Oakland and San Francisco. North Livermore Avenue is going to be one of the principle arteries of the community and the State Division of Highways and the County have designated that street as the major interchange into the City of Livermore. As a result it would direct traffic into this City down Livermore Avenue, and the traffic on Livermore Avenue will increase substantially with the opening of that interchange. In regard to the P Street separation, there is already a rather substantial hazard in the area of Railroad Avenue and the P Street intersection; it is not inconceivable because of the congestion in that area, and particularly if there is additional commercial development, without track relocation and without underpasses, that there would be the day when people would be backed up across the tracks in both direc- tions at a time when trains could be entering the City. For these reasons this underpass is as justified as the other underpass loca- tions proposed in the plan. Mayor Marguth then asked for discussion relative to the benefit to the track relocation. CM-22-340 March 21, 1970 Councilman Silva stated he had mentioned the increased sales tax revenue and increasing our tax base, and the only other point is the additional shopping which could be available and which the city desperately needs. The shopping cannot be brought in if we do not have the large acreage to accommodate it, and this acreage cannot be made available without relocating the tracks. It can be outside our community, as in Carlton Square area where it was hoped a major Payless outlet would be located, but which went to Dublin instead. Councilman Uthe wished to add one additional factor which all are well aware of. For the past two years there have been many reports on this project; it has been analyzed by many people - some within the City and some without, some with a great deal of expertise in these matters going back many years, commercial people, plan use planners, beautification experts. Many of these reports are in the Public Library for the public to read. Also, there was a City Council docket placed there every week and this is on file there. He wished to indicate that one of the major reasons for moving the railroads is to reduce the costs of the grade separa- tion facilities; it cuts the number that you would have to con- struct by a number of two, and this is several million dollars. Mayor Marguth stated there was testimony submitted relative to the benefit that would be derived, and there was one property owner that testified that he did not feel his property would benefit to the extent of his assessment. He wanted to add that this Council has, during the past few years, been continually harrassing the Assessor to determine what was being assessed in the core of the City, relative to the equity of the other property owners in this community. The Council has had reports about the assessment rates within the core of the City which indicated that the property between the tracks was grossly under assessed because the Assessor did not believe it was available for the highest and best use. The estimates by the experts are that the increase in the assessed value through that area would add to our tax rolls something in excess of $1,000,000 per year in real property tax. The simple fact that it is grossly under assessed is a reflection on the environment in the core of our City. He was not precisely certain of the numbers, but believed that there are areas within the core of our City which are assessed at less per square foot than his own single family residence. He felt quite certain that the properties within that area have a much higher value and a much higher potential use than his single family residence. In addition to the comment relative to the fact that by the reloca- tion of the tracks, the City can, through a very complicated formula established by the PUC and the railroads, qualify for financial support in the construction of the underpasses and simultaneously reduce the gross cost to the community in the construction of those underpasses, coupled with the potential increase in assessed value, regardless of whether or not another building is built in this City, and with the prospect that the properties within that area are bearing an assessment in propor- tion to their benefit, it seems only realistic that those properties will, in due time, develop into a higher use. At such time, the result will be increased assessed value within the community and better sales tax revenues to the community. He was convinced that if only the argument based on assessed values and sales tax revenues to the community was used, it would be out of line some- what; although there may be a higher amount of income to the community, to the schools, etc., by intensive development of the area, it is only a matter of time before that property is developed. The big question then would be if the project does not proceed, and the pressure is on, - and we know the pressure is on because the market experts have told us we are deficient by at least 200,000 square feet in 1966 for commercial shopping - we can be confident that will be strip commercial development along Rail- road Avenue. The congestion on P Street and Railroad Avenue was mentioned a few minutes ago, and what we see today will be CM-22-341 March 21, 1970 insignificant to what will be seen in the near future. It is extremely important to this community, at this point in time, to take the progressive step of relocating these tracks, construct- ing the necessary underpasses, seeing that the S street extension to Railroad Avenue from Stanley Blvd. is completed, seeing that the climate within this community becomes one for progress and convenience for both traffic and safety, and that it becomes one that is desirable in the eyes of the investment community. This project brings that kind of benefit to the area within the track relocation zone. Councilman Silva stated he felt the City was at a crossroads and this issue is more than just underpasses and track relocation. We are either going forward with progress and strive for a balanced community with the industrial and commercial that is wanted to offset the other side of the scale which is residential, or if this assessment district fails, then he believed another assessment dis- trict should be formed to install hitching posts for the town be- cause this community will die along with many people at Murrieta Blvd. crossing. He would hate to have this on his back. Mayor Marguth felt one of the aspects that the community as a whole does not appreciate is the fact that elected officials, regardless of what body they sit on, must be oriented with the realities of operating a government and that it has been in the past years more and more brought to the Council's attention that we are in compe- tition with our neighbors to the west for quality growth. There was testimony submitted in a most eloquent manner - one which he would try to equal, when a person from out of this community spoke to the real issues facing this Council on this assessment district proceedings, and it is along the lines stated by Councilman Silva. The Council has a clear choice within this community to either accept our responsibilities as a citizenry and as a city and a community to proceed in a positive manner toward a total community; or if we relinquish that responsibility and do not take those steps toward a total city, we will not be in a position to compete or to sell this community to quality people and businesses that want to locate here. The City of Pleasanton has atremendous asset - Castle- wood. This asset has attracted industry to Pleasanton. Dublin has a tremendous asset - it is at an intersection between two free- ways and is an unincorporated area and the people in that section do not have a voice as to what transpires in that community. As a result of not having a voice, things can and do happen in the Dublin area. He would argue that the City of Livermore is in an extremely strong position today to become not only the best city in this Valley but the one with the best opportunity to attract industry and commerce. To excuse ourselves from the responsibili- ties of making this a good community by saying that schools come first or parks come first, or my pocketbook comes first, is turning our backs on our responsibility, and our responsibility is to see that this is a good place for people to live today and also one that ten years from now will have a viability and identity of its own. The issue is extremely clear: this City must either accept its responsibility as a City and make an effort to become the number one city in this Valley, or it will relinquish that role to one of the smaller cities to the west. He was not looking forward to the day when his corporation is located within a City that is not pro- gressive or making the best use of the total efforts of the community. He would ask the Council to consider in the resolution of this issue the long term benefit and to have courage as City Councilmen to face the issue, and the threats and the accusations and the criti- cism that have been launched against them, and keep in mind that the issue is not whether the Councilmen are to be liked, or elected, re-elected or recalled - whatever the accusation or threats - but that the issue is that they have the responsibility in this City and must act upon this in line with the Constitutional process of the State of California and the United States. He urged that the Council consider these thoughts when the final resolution is decided. CM-22-342 _/t._ March 21, 1970 Mayor Marguth asked if there were other questions relative to benefit to the community with regard to the spread of the zones of benefit and to the boundaries of the zone. Mayor Marguth then told the Council that they Bids Received must proceed to a discussion of the bids which were received to determine if there are any ways which might appreciate further savings. The bids received are good bids within the specifications, but there might be other items which might be considered within the overall bid of the 147 odd items that the Council might change to effect additional reductions. Mr. Barton told the Council the total amount of all the bid items submitted was $1,982,504. Since then it has been called to their attention that of the buildings which were shown on the plans to be moved, there are certain selected buildings which can stay in place. There was a certain amount of fencing in the contract for which bids were received, and after discussion with the railroads, one of the railroads prefers that a certain length of fence not be built. There are also three or four other small items which can be eliminated. The total savings on these items would be on the order of $26,000; however the most significant feature, after discussion with the representative of the contractor the previous week, is that the plans we have call for a certain sequence of stage construction. They call for train traffic to be carried on temporary tracks in one area and then shifted over to another area, which is very complex and makes it somewhat difficult for the contractor to perform his obligation. The contractor asked if there was any way whereby this stage construction could be re- vised and he suggested specifically that it might be possible for Western Pacific trains to operate on the Southern Pacific tracks during construction only. This would be for only a few months, and if this could be done there would be a very substantial saving in cost and time required for construction. The savings he men- tioned were far greater than the ones visualized by DeLeuw Cather, as designer of the job. This matter has been subsequently dis- cussed with each of the two railroads, and the present indication is that they would be willing to give it sympathetic consideration and there is a good chance now that these savings mentioned could be put into effect although there is no positive guarantee on them. Mayor Marguth asked Mr. Barton if he meant that, in reviewing the bids based on the testimony received, there are some properties which would not have to be displaced and other small items that there could be a savings of about $26,000. These could be ab- sorbed in the process of readjusting the bid. Mr. Barton replied that the contract states that the contractor is to be paid only for that specific work that he does. For instance, if the contract includes moving Building l'A" and the contractor has bid a certain price for that work but does not perform it, then he is not paid for that particular item of work. Of if the bid calls for 400 feet of fencing and he builds only 200 feet, then he gets paid for 200 feet. The bid items are all clearly established, and savings would accrue from ordinary ad- ministration of the contract. Mayor Marguth questioned Mr. Barton about the point raised regard- ing usage of the track, and asked if this was something that had been considered before. Mr. Barton stated that it had been considered before, but at that time they did not feel it would be of the magnitude the contractor has given. There definitely would be a reduction in time required. The problem now is that the contractor can build only half of each underpass at anyone time. He has to make space available to re- route tracks; specifically, the trains are now operating on the Western Pacific; they must stay on those tracks until such time as a parallel structure is available to them where the Southern Pacific is operating; then you transfer them over, and only at CM-22-343 March 21, 1970 that time can the Southern Pacific half of the underpass be built. It is a sequence of stages and means that a piledriver would come in and work on one side of the underpass and then leave to return in three or four months to drive the piles for the other side of the underpass. By relocating the tracks in the manner the con- tractor has suggested all of this work could be done at once. It is this simplification that would achieve these savings. Councilman Taylor said that if he understood what Mr. Barton was saying, the trains would all be moved to the Southern Pacific tracks; then the contractor is free to take out all of the tracks and build the underpass at one time. He asked what Mr. Barton meant by sub- stantial savings. Mr. Barton replied it was in the hundreds of thousands of dollars. Councilman Miller stated it was his understanding that the rail- roads had consistently refused to run both trains on one set of tracks, but Mr. Barton was saying that they might do this for a very short period of time. He asked Mr. Barton if they had ever done this anywhere in the Valley. Mr. Barton replied that this is a fairly common procedure. Whenever there is a train derailment or a washout or slide or too much snow, there is a standard operating procedure that the railroad operates its trains over the other railroad. There was a bridge that burned down up at the Altamont Pass area at the beginning of the year, and for a short time the Western Pacific ran over the Southern Pacific line from Stockton to just east of Livermore. Councilman Taylor said that the railroad would consider running on one track for a short time although they refuse for all the reasons talked about to do it for an extended period. They would not do it forever but they might do it for six months. Mr. Barton said that this was right. The exact length of time that this would be permissible would have to be negotiated. Councilman Taylor asked then whether the main savings would then accrue to the cost of the underpasses since they would become cheaper to construct. It would have to be apportioned somehow to savings of the underpass job and savings to the railroad relocation. Mr. Barton replied that this was essentially correct although some of the savings should be allocated to the cost of track relocation, most of it would be allocated to the underpasses. Councilman Silva asked how long it would take to get a firm commit- ment from the railroad and/or the contractor, if it would delay the project, how much time did the Council have to adopt a resolu- tion and if a resolution could be adopted today? Mayor Marguth said that if there is an opportunity to use the tracks for the time it takes to build the underpasses and the savings in cost, they should take as much time as necessary to get the engineers to go back and convince the railroad that this is the right thing and see about an extension from the contractor on the time of his bid. Mr. Barton said he could not really say how long it would take to do this. Matters of this nature have to be submitted to the public project engineers of the two railroads and to their management. Management is really interested in knowing if the project is going ahead or not before they make the final commitment on this type of an operational procedure. This was his offhand reaction and this would be his impression. Councilman Taylor stated that they were talking about savings of several hundred thousand dollars, mostly to be credited to the under- pass construction. It is obviously too important to just ignore. There is a responsibility to the public to make sure this job is CM-22-344 March 21, 1970 done in the most economical way. Every home- owner in Livermore will immediately benefit from reduced assessment for the underpasses, and this must be carried to the point where the City can get a decision. He asked if this meant that the people would have to be re-noticed, more engineering done? Clearly the railroad would have to give their agreement. Savings in Construction Costs Councilman Silva said that Mr. Barton had just stated that the railroad would probably not give a firm commitment until they know the district is going to be formed and a resolution made. There is a large amount of dollars involved, which might change some votes on the matter. Mr. Barton said that at some point in time the Council has to approve or disapprove the formal cost estimate as established for the entire project, which was a part of the resolutions in- troduced. The total cost estimate includes rights-of-way, legal services, and contingencies. It should be possible to explore this matter with the railroads and get their preliminary indica- tion; from that it might be in order to change the cost estimate shown in that particular resolution. Mayor Marguth asked Mr. Ness if there were any resolutions which might be introduced. The Council would not want to proceed if there could be a reduction in the time. There were 365 working days of construction. He asked Mr. Barton how much time would be saved. Mr. Barton replied the time for construction could be reduced by 40% to 50%. Mayor Marguth stated the prospect of having the inconvenience for a much shorter time, as well as the cost reduced, was a substantial reason to proceed. He asked Mr. Ness if there were any resolutions which might be adopted to show good faith to the railroads in asking for their cooperation in this matter. Mr. Ness said he could not imagine that the railroad would not consider this and come to a tentative decision at the request of the City Council for an opinion whether they would be willing to share the same line for the construction period. Something certain- ly should be able to be worked out to indicate the feelings of the City Council, having had nine hours of public hearings and four or five hours of deliberation. It was inconceivable, he said, that if the construction time could be reduced by 40% that there would not be substantial savings. It should translate into considerable dollars of savings. Mayor Marguth said that at present they are working for an August 15th PUC date. He asked if there was a possibility that they could get an extension on the bid for some 90 days. The bids have to be accepted or rejected within 45 days; with this new informa- tion, if the proceedings were to continue, would the contractor consider giving an extension. Mr. Zelles said this would be up to the contractor. Mr. Ness felt it was very reasonable because the contractor never contem- plated he would go to work before fall at the earliest. Because of the circumstances here, he might well be interested in extend- ing the time limit. Mayor Marguth asked if this phase of the project were deleted could the bids be evaluated and could it be determined if this contractor would still be the same low bidder, or would it be necessary to resolicit bids. Mr. Barton said the changes in stage construction are items which would have to be handled through a change order negotiated with the contractor prior to execution of the contract; however, to readvertise would not be in the best interest of the City due to CM-22-345 March 21, 1970 the increase in cost sure to follow. It takes time and money to put one of these bids together. Bids might come in as much as $100,000 higher based on the same specific work shown. This should be negotiated with the contractor based on the bids now on hand. Mayor Marguth asked Mr. Barton if it was possible to renegotiate the price prior to awarding the bid. The reason for this ques- tion was that Mr. Zelles' firm would be required to re-notice based on this change and the next step for the Council, in the event they proceeded with the project at this time, would be to notice those properties with a higher assessment. This would have to be done anyway, and Mayor Marguth wondered if it would be possible to get an indication of the change order before the actual bids are let. Mr. Barton felt that this certainly could be negotiated; however, he did not know if the individual bid prices would be changed prior to execution of the contract. This involved matters covered in the state's contract act and the provisions regarding public contracts. They could negotiate with the contractor and the railroad and get an indication of what kind of arrangement could be made and then after- ward have it executed. Councilman Silva asked about the length of time involved. Due to the upcoming election, time was of the essence since this Council started the project, and if a matter of weeks was involved, he wanted to know if a resolution could be made now or not. The Council will be changed and it would not be binding on the new Council. Mr. Ness did not see that the railroads would be that hard-nosed about sitting down to discuss the possibility of sharing the track for the construction period. He thought that if the City Council adopted a resolution, which could be done today, which indicated that the hearings were held and the project has been considered and they think it has merit and should go forward, it can be put in such a fashion that the railroads will respond to the request from the City Council to consider this matter. It has considerable implica- tion on the cost of the project, and he could not imagine the rail- road sitting by saying they would not do anything until it is iron- clad. As a matter of fact we have the contract going with the railroads and we are just as interested in getting those contracts from them as in getting the district. Councilman Taylor said his question was similar to Councilman Silva's. They must get the consent of the railroads but what they are really talking about here is some sort of continuance for some period of time until the new costs are figured. Whether it would be necessary to notice people or not would have to be as required by law. But if the question is a delay so that the new Council resolves this project, since it might be sixty to ninety days to iron matters out, it should be considered far enough in the future so that the new Council has time to go through all the myriad of details that the project implies. The new Council cannot digest everything in one week and then vote. Councilman Silva felt there would have to be a deadline to meet the August 15th date. There should be a pad in there in case something comes up that they were not aware of at this point. Mayor Marguth asked Mr. Ness what would be the proper procedure. The Council would like to introduce a resolution expressing the Council's position that there is benefit as outlined in the present plan. The Council would like to recommend that the project proceed, but that in light of the information which came to light only after the bids were received, they would like to have the opportunity to examine the possibility of reducing the cost and the time of con- struction, and proceed in time for the August 15th PUC date, and wondered if a ninety day delay would be sufficient to make all the findings. Mr. Ness stated he would think so. He thought it might be well to continue the matter until some stated time, perhaps Monday night or CM-22-346 March 21, 1970 the following Monday night, at which time resolution could be introduced which might satisfy the railroads, and at that point continue the matter for approximately 90 days or until the 1st of June, or something similar to that which would give the Council an opportunity meanwhile to work out the problems with the railroad, and give the stone and Youngberg people a chance to digest the other actions taken this morning to see what the effects are on the assessments and so on, and that still brings the matter two and a half months prior to August 15th, the earliest time the City could get any work from the PUC anyway, so that would be his suggestion. Mayor Marguth asked if there were any comments from the Council. Councilman Silva stated he did not see any alternatives. Councilman Taylor stated if they were going to continue this matter, they should do it today; if they were going to resolve the matter in ninety days, they should do it today and not leave the commun- ity hanging for a week or two. Councilman Taylor stated that he guessed they should consider a resolution to postpone the resolu- tion of this project, or postpone the decision to some date in the future. Councilman Silva stated that Mr. Ness was saying that they should make a motion continuing it to Monday at which time he would have a resolution prepared with the intent of the Council, which today if he made a motion, it would be that they go ahead with the pro- ject, and he would instruct Mr. Ness to have this in the resolution. If we are not going ahead with the project, why adopt one for the railroads. Councilman Silva further stated this is what they should vote on today and the community will not be waiting in the wings for their decision and they will know what this Council has to say. Mayor Marguth stated that a motion would be in order to instruct the staff and the Bond Counsel to prepare a resolution based upon the ability to obtain agreement from the railroads and the con- tractor (Gordon Ball, Inc.), and to instruct the Engineering and Legal Counsel for the City Council on this assessment proceeding to make the necessary contacts and to prepare the necessary legal resolutions for the City Council to set a public hearing on the first Monday in June to reconsider this matter. Councilman Silva interrupted to say not to consider it, but to adopt the final resolution for the forming of the Assessment District. Mayor Marguth continued that whatever Mr. Ness and the legal people decide should be done. Mr. Ness stated that is what he meant and they should stay away from the statement of a public hearing because the next public hearing that is held in this district there will have to be notice to at least some people - those people whose assessments have in- creased, and this hearing could be held in June - either the latter part of June or the first part of July, whatever it happens to be. He suggested putting it over until Monday or a week from Monday, trying to give them a few minutes running room, more than they consistently have. He further stated he could have a resolution Monday night for consideration by the Council which would put the matter over until June, and which he thought would contain suffi- cient statements to be of interest to the railroad. Mayor Marguth stated that he felt putting it over until the week from Monday would probably be in order. Mr. Ness stated that he would certainly appreciate it. CM-22-347 March 21, 1970 Councilman Taylor stated that one of the implications of putting this thing over until June is pretty obvious - that the new Council would make a decision on it. He continued that the obvious thing that comes to mind is that it has been talked about to have some kind of an advisory election on this whole plan and if they are going to put it over until June, it might be in order to consider having an advisory election on this plan in the June Primaries. Mayor Marguth asked if there were any comments on this suggestion. Councilman Miller stated that he would agree with Councilman Taylor in that he thought it would be reasonable for the Council to set an election, say for the June Primary, and to expect all the candidates to abide by the will of the people as there is no way to require it. Those who refuse to abide by the will of the people are not repre- sentatives either and he guessed would not be useful - those who will not agree to an advisory election and to accept the will of the people would not be representative. He said it makes this a pub- lic issue rather than a campaign issue. Councilman Uthe stated he would endorse the suggestion of Mr. Miller and Mr. Taylor for an advisory election. A comment was made in the audience which was not audible at this point. Councilman Silva stated he wanted to say one thing - that by law they did not have to hold an advisory election and the new Council should have the opportunity to make that determination themselves; it might delay the project a little longer, but if they feel they have to go to the people-not the property owners, but the registered voters in this community which is an entirely different group of people - then it should be their decision, not the Council's. He further stated that some candidates are running on the basis that this should be put to the people; some others are not, and he did not think that the Council is obligated to bind the candidates to that election. It is unfair to the candidates that are not running on this platform. Mayor Marguth added to this statement that the proceedings or pro- cess that one goes through to form an assessment district is one which is described by law and one that is described in a manner that is very clear to the people who participate in the bidding, the design and all legal aspects of an assessment district formation. This Council selected the assessment district procedure because it was possible through this process to develop zones of benefit which did contain equity, as he thought they have heard testimony to that effect and have made alterations within the boundaries in order to make this a reality. He further stated that to say they are going to go through the procedure of an assessment district where you can use one set of rules to gain maximum benefits for the public, and then turn around and tell the public that you are going to abide by another set of rules, he did not think was pro- per under the constitutional processes of the state of California and the United States. He suggested that if the next City Council desires to make revisions to the Plan, or if they decide to proceed with a plebiscite of any kind, that would be their prerogative; but he, for one, would not be a part to circumventing the law that exists under which the Council has been operating in this particular procedure. Beyond that, Mayor Marguth stated he did not think it would be proper for this Council to bind any candidate for office on any issue. For them to state that all candidates must abide by the will of the people on this issue is not proper because the con- stitutional processes say that the Councilmen must make the decisions. It is the responsibility of the people to see that the individuals who are elected to office will look at the details, will look at the facts and will determine what is best for this community. It is an extremely complicated process and for them to say they will set an advisory election, he believed would be improper. CM-22-348 March 21, 1970 Councilman Silva stated, going one step further, he heard rumors that if this did happen; if this particular Council asked for an advisory election for themselves, they might be liable. Further, he knew the City Attorney might squirm by his saying this, but they might be liable for a law suit by the successful bidder on the job, Gordon Ball, Inc., and maybe a few of the other people who are involved, because they, in turn, have the opportunity to either approve or disapprove. He did not think they were "chickening out" in putting it to the people, but they changed their mind and they are going to let the people vote on it now. Maybe if that vote does not come out the way the Council likes it, they would find some other method and that is putting this Council in jeopardy as far as law suits go. Councilman Taylor stated it was not necessary for this Council to set an election date; they could recommend, or not recommend an advisory election. He thought that an advisory election - "yes" or II no II, II shall we have an advisory election in this communi ty" is certainly going to come out when the new Council convenes. He felt certain of that, so it was not necessary to set a date now for an advisory election as he supposed that a new Council could stop that. He asked what the earliest time would be that they could have an election if the new Council sets it, and was ad- vised by Mayor Marguth that fifty-four days after they take their seats on the Council, they could have an election if they chose. Councilman Taylor asked where, in time, that would put them. Councilman Silva stated that he thought it would be too late for the Primaries in June, and Mayor Marguth agreed that it would be too late for the Primaries, unless they took action before. He then asked why, since they were specific details, they could not look to the experts for advice in time for this Council to make a decision on this particular point. He suggested that they not move to setting a date for an advisory election at this time; that the timing would permit them to have a report from Mr. Ness and the attorney would have time to look into these factors before they would bring this subject up again a week from Monday night. Councilman Taylor said in any case, he thought they should resolve the point this Council intends. Because of the new information that has been brought out, the new way of doing the job is going to substantially change the cost and for that reason they should resolve they are going to postpone the decision of forming the district until some time several weeks, at least, after the new Council takes office without being specific at all. He thought since the community is waiting to see what is going to happen; he could not see delaying it another week. Mayor Marguth agreed, but stated that Mr. Ness had to prepare a formal resolution. Councilman Taylor stated he understood that part of it. Mayor Marguth stated that this Council could make a resolution today that would clearly indicate where it would like to proceed in the next step; he thought that would be in order. Mr. Barton stated that he did not want to be guilty of exaggerat- ing the effect of the savings resulting from the changes in hand- ling traffic during construction because it must be remembered that whatever money is saved, this project is being financed 50% from matching money from the State and 10% matching money from the railroads, so although they save $100,000, the reduction in the amount of money to be spread within the assessment district is only $30,000 or $45,000 or something in that order. It looked to him that savings that do appear possible would probably be of the order of magnitude of reducing assessments - again if this was excessive, on the order of perhaps 5%, so it is not perhaps CM-22-349 March 21, 1970 as big an issue as some people might be led to believe. Mayor Marguth stated there was a significant factor and that is the time during which the community is inconvenienced by the pro- ject, and that is rather a substantial reduction in time. Councilman Silva made a motion that the matter be continued until a week from Monday at which time Mr. Ness will have a resolution ready to adopt and the resolution will state that their intent is to proceed with the assessment district - the intent of this Council. Mayor Marguth stated that that was not a binding resolution. Councilman Silva stated they had to show the railroad something. Mr. Ness stated intent was all. Mayor Marguth stated they had to show them intent, yes. Councilman Uthe asked if they had not already passed that motion. Councilman Silva asked Mr. Ness if this was not the motion he wanted, and Mr. Ness replied that it was. Mayor Marguth restated that the motion by Councilman Silva was to instruct the Bond Counsel to prepare for the City Council a resolu- tion stating the intentions of this City Council to obtain supple- mental support from the railroads and relief from the successful low bidder on the project as far as time of the issuance of the contract is concerned and the possible renegotiation of the amount to be awarded to the successful bidder, and asked if there was a second to the motion. Councilman Uthe seconded the motion, and Mayor Marguth asked if there was any discussion on the motion. Councilman Taylor stated he thought there was liable to be a mis- understanding; he thought what Councilman Silva intended was to actually take a vote on whether they are going to form this district - "yes" or "no"; whether they would do it today; if they could or not. Now, he did not think some of them understood it this way; they had talked about telling the railroads that they intend to proceed with the hearing and so forth; they have done that over the last year many times - their intention to proceed with the district, but they are not saving, take all values into account and vote on the district - "yes II. Mayor Marguth explained that was not the intent of the resolution. The intent of the resolution is to tell the railroads that they are proceeding through the normal processes of an assessment district and that the matter is to be put over until these other issues are resolved. Councilman Taylor stated he thought they should be very clear - that what they are really doing is postponing the decision. He continued that he just wanted to get the intent clear that they are going to postpone the decision on this assessment district until some time after the election. Mayor Marguth replied that that was correct. Councilman Taylor stated that what they are asking Mr. Ness to do is to just draw up a resolution to tell the railroad that this Council is serious about this district; they have not abandoned it, so that they could go ahead and spend the necessary time to look into this new way of doing things. Mayor Marguth replied that the statement was correct. CM-22-350 March 21, 1970 Councilman uthe corrected the statement to say they are not aban- doning the district today; they are moving for a postponement for ninety days. Councilman Taylor said it was going to be difficult to get this clear. Mayor Marguth said it is difficult to get a lot of things clear. Councilman Silva said that he was willing to officially state his feeling on the district tOday. Mayor Marguth stated that he would prefer that no one on this Council, or any candidate, express their precise position on this issue if it has to go before public hearing. He would not entertain any vote on the proceedings except to instruct the staff and the Council to continue with the proceedings in a normal manner - in a routine manner in light of the new informa- tion they have, and that the decision will be made ninety days from now. It makes little difference whether this Council acts upon it or whether the next Council acts upon it; they are bound by the procedures of the constitution on how they will act on this issue and they will act in their best judgment. He did not think it would be proper for them to vote on this issue. Mayor Marguth stated that the motion had been made by Councilman Silva, seconded by Councilman Uthe to direct the Bond Counsel to prepare the necessary resolution. Councilman Taylor asked if they had to follow this with a resolu- tion stating that they intend to put over the resolution of form- ing this district until sometime after the election, and it should beclearly stated in the resolution because people will misunderstand. Mayor Marguth stated he would assume that they would set a specific date based upon a timely schedule for the consultants to move on this matter. Councilman Miller stated that he thought that two things were fairly clear to the community - one is that this Council is very different in opinion and they often do not agree on all issues and sometimes these disagreements are quite strong. It is also clear that all of them support, in principle, the Livermore Plan. All the Councilmen - all five of them - with widely different opinions on all sorts of issues, support the idea of the Livermore Plan. In his personal judgment, and he could not speak for every- body because they have not actually made a decision, but from their decisions in the past, and their personal judgments, they think the Plan is a good idea for the public. It is an improve- ment in shopping, the economic advantages of broadening the tax base, the traffic circulation and all the rest. So, speaking for himself, he felt that it is in his personal judgment the right thing to do. Now every public official has two roles which, in fact, are sort of conflicting sometimes. They have to make their decisions on the basis of their judgment, but they also have to represent their constituents, and sometimes their personal judg- ment and what seems to be the wishes of their constituents, con- flict and this is why it seemed to him that they have spoken obliquely to one of the principal problems that is before them; namely, there is substantial protest to the district. He per- sonally thinks there are many people who have legitimate grounds for protest; there are some that have based their protest on mis- understanding; there are some who have based their protests on distortions of what the project is all about, by other people. But the point is that there is a fair amount of opposition; exactly how much depends on who you talk to; but there is no question that there is substantial opposition to the Plan, and in this circumstance, it seems advisable to him to try to get a representative expression from the public on this project aside from the aspect of the property protest. He stated he thought to CM-22-351 March 21, 1970 avoid what really can be a false campaign issue, because there is no guarantee that those elected will do what they say they will do, including those who say they are opposed, they could indeed recom- ment an advisory election and he felt they should and that it should be a part of putting over their decision. If the candi- dates will agree to abide by the wishes of the public, as he thought all honest ones would, it seemed to him that this now becomes a question that the public can decide rather than hav- ing something strange happen after the election is over. Further, he would like to see them include in the motion a setting of a date for a public resolution in the matter. Mayor Marguth stated that they had a motion before them directing the Bond Counsel to proceed with a resolution of their intent, and that it is the intent of the Council to postpone the proceedings for a period of approximately ninety days - sometime around the first week in June, and to direct the staff and the professional counsel to attempt to obtain agreements from the bidder and the railroads relative to the changes they had discussed today, and it is the intention, as expressed in the motion, that this will be brought to them a week from Monday for Council action, and that by this action today, and he wanted to make it very clear if the Council adopted this motion, that this matter is postponed until after approximately ninety days. He then asked if there was any- more discussion on the motion. Councilman Taylor moved an amendment to the motion to set an ad- visory election for the June Primary on this issue. Councilman Miller seconded the motion. Mayor Marguth stated that the motion to amend and the second, he did not feel, were legitimate amendments to the main motion as re- lative to the intent to proceed on the project, but would entertain it as a separate motion after the vote is taken on this issue. Councilman Miller stated that in his opinion the two are actually connected, but Councilman Silva stated in his opinion they are not. Mayor Marguth stated that the chair has ruled, unless there is a majority of the Council who disagree with the chair, they will put it over as a separate item for discussion, and he asked the Council- man if they did agree to put it over, to which they did agree. The main motion made by Councilman Silva, seconded by Councilman uthe was then voted on unanimously. Mayor Marguth then asked Mr. Ness if he would proceed for them in this manner for a week from Monday. Councilman Taylor made a motion that they set a date for an advisory election as early as possible on this issue. He suggested setting the date of the June Primaries to save the City money in having a special election. Councilman Miller seconded the motion and stated that he felt the two motions were still slightly connected, and that his "aye" vote on the previous motion is still at the same time a reflection of his opinion that this should be involved with an advisory vote. Mayor Marguth asked for any discussion on the motion. Councilman Silva stated there was in the audience one individual who owns numerous acres in this community and he believed her to be a native daughter of Livermore, but presently lives outside of the City limits; she cannot vote in this advisory election, and he felt this to be a gross injustice; there are a number of individuals who have the same problems. He did not feel the same way about a syndicate who might be located in New York or elsewhere, but there are old time Livermore people who no longer live within the City limits, and he stated he opposed this motion for that reason. CM-22-352 I March 21, 1970 Another reason is the fact that this Council has no right whatsoever to tie a new Council to an election. This election, if desired by the new Council, could be sometime in July; let that be their decision; they will have to make the decision on this very important Plan - the Livermore Assessment Plan - it is going to be their decision; not ours (referring to the present Council) and they should have the right to determine whether they want an advisory election to make this decision or not. If there were two seats up for election, rather than three, he would not say this, but they do have three seats open. Mayor Marguth stated that, in addition to this, he believed it would be appropriate for each of the new Councilmen, after they are seated,to understand the procedures that they must go through in the formation of an assessment district, and at that time to make a decision, whether in their own minds, an advisory elec- tion is advisable, or legal, and for this Council to determine that it is, is to prejudge their interpretation of the assessment proceedings. He would prefer the new Council, if they wish an advisory election, call it themselves. Councilman Silva said the word itself, 11 advisory" means they want to be advised; that should be their decision, not this Council's. Mayor Marguth asked Councilman Uthe if he would like to comment or just vote, or recess until next Thursday. Councilman Uthe suggested they vote after a short recess. AFTER A THREE MINUTE RECESS THE COUNCIL RECONVENED WITH ALL PRESENT. Mayor Marguth stated there was a motion and a second to call for an advisory election to be concurrent with the June 6th Primary by Councilman Taylor, seconded by Councilman Miller, and asked if there was any other discussion on the motion. There being none, he asked for a vote, and the motion failed to gain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Miller and Taylor Councilmen Uthe, Silva and Mayor Marguth None Mayor Marguth reported on the protests and findings at this time, stating there is not a majority protest. The total area compris- ing the assessment district is 233,847 square feet. As of the time for the final submission of protests, the total area repre- sented by such protests was 106,766 square feet. This figure represents an amount slightly in excess of 45.6% of the property within the assessment district. He asked Mr. Ness if this was the necessary statement to make at this time and was told that it was. Mayor Marguth asked the Council if there were any other matters they would like to discuss at this time. There being none, he stated he felt the staff and the Counsel are properly instructed on the action they would like to have take place. * * * The meeting 3:45 ADJOURNMENT ATTES Clerk e,-California CM-22-353 I /?7D PAge 35'1- NoT t..{seD Regular Meeting of March 23, 1970 A regular meeting of the City Council was held on Monday, March 23, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. * * -l(- PRESENT: Councilmen Miller, Taylor, Uthe and ROLL CALL Mayor Marguth ABSENT: Councilman Silva (excused because of illness) * * * Laura Logsdon and Kay Tracy of Troup 176 of the Girl Scouts who were working on a project, Challenge of Active Citizenship, reported that "National Earth Day" is set by the President for April 22, and in conjunction with this they explained their idea for a "Bike-in" as a fight on pollution. On motion of Councilman Taylor, seconded by Councilman Uthe, and by unanimous approval, a proclamation was entered, proclaiming April 22, as "Bike-in Day", and urging everyone in the community to follow the leadership of the young people in the community, and on that day to walk or bicycle rather than drive their cars. * * * The tentative map of Tract 3186 was before the Council for consideration, however a written request was received from Mr. David Madis, attorney for the developer H. C. Elliott, Inc. for a sixty day postponement of the matter. SPECIAL PROCLAMATION (Bike-in Day) TENTATIVE MAP TRACT 3186 (H.C. Elliott) On motion of Councilman Uthe, seconded by Councilman Miller, and by unanimous approval, the request for a sixty day postponement was approved. * * * At this time Councilman Uthe asked that a reso- lution be adopted by the City Council terminat- ing all further action with respect to the Livermore Development Assessment District. As a part of this resolution Councilman Uthe asked that it include the provisions that all property owners in this City be notified, if it passes, that this resolution officially drops the program. Also, the provision that the PUC of the State of California, Department of Highways, railroads and all outside property inter- ests be also notified. LIVERMORE DEVELOP- MENT ASSESSMENT DISTRICT Councilman Uthe continued that the reasons for his motion are three: 1. That this Council, by law, cannot implement the program even if it wished to. 2. The plan, as found through the public hearings and from the discussion the past Saturday, needs some major revisions, one of which involves the particular reason why the Council cannot imple- ment the plan at this time - a major change in the revision of work, 3. The plan has highly divided the City and presently lacks the overwhelming support which it really does deserve. Councilman Uthe further stated that, in his personal oplnlon, it is now time to look to the citizens and try again to rebuild a CM-22-355 /- March 23, 1970 (LDAD Cont'd) support in the government which is elected by the citizens. It is time to take the hostility, the anxiety, the desire for anarchy, the hatred away from many of the citizens and attempt to convince them that their government is really worthy of support; that it has worked very hard and the governments before his time worked as hard, as well. This is no time to blow up the town; no time to critically divide it. The nation is in serious trouble and major cities like Liver- more is becoming, are also in major trouble with internal division. We must do whatever we can at this time to heal those wounds and to bring back a new democratic consensus of due process by law. This motion was seconded by Councilman Miller and the Mayor asked for any comments on the motion. Councilman Taylor stated there was one point: At the meeting of March 21, the Council had discussed the possibility of a City-wide election in order that the people might express their opinion on this matter, and asked to raise that point at this time to see if there is any support among the three Councilmen for such an election. Councilman Taylor further stated that he did agree with Councilman Uthe's reasoning and the philosophy behind the motion as the Council cannot leave the plan in, essentially, a suspended state with the public not knowing what is going to happen. He felt they should have either an advisory election, as he had suggested on Saturday, or terminate all consideration. Mayor Marguth asked the Council if there was any comment on the alternative for an advisory election. Councilman Uthe stated that he had voted against an advisory elec- tion at the meeting on Saturday, and if a motion is introduced this evening, and it is seconded, he would vote against it again. The reason being that the plan is very complex, involves many, many factors, and in addition, it is imperfect and as a result, it would take a citizen of this community hours of time to even understand the major aspects and most of the citizens do not have the time nor the interest to involve themselves that deeply into the issue, but it is easy to pick out flaws in the plan because any public works improvements program is imperfect; they are all defective; they always have been and they have been in the history of mankind, so therefore, he feels that the plan would be misunderstood. It would be knocked about by the electorate or would be knocked about because they find some defect in it which would not be substantial, but in their minds may be, and for this reason he could not support an advisory election, as he did not think it would get a fair chance. Councilman Miller stated that he did support an advisory election on Saturday, in principle; it is a thing that one could do, but it is clear from analyzing the evidence before them that no matter which way the election went, the City would still be divided; there is not a clear cut majority either way; there are many people opposed but there is a substantial number who are in favor; it does not heal the split in the City that Councilman Uthe is talking about. At this time he would follow Councilman Uthe's original suggestion and motion. Mayor Marguth remarked that the motion as introduced, he felt is a reasonably sound approach to the problem; it is a realistic approach. It is very difficult to ask the community to wait in suspense until this thing can be resolved at some point downstream; it is also unfair to the candidates seeking office in the City to have one single issue, although important as it is, dominating the debate that takes place in this community. It is extremely impor- tant that the Council candidates, in the next month before the election, debate the multitude of issues that face this community; the multitude of issues that must be answered by solid leadership within the community; so in spirit, Mayor Marguth stated that he supported the intent of the motion, however, as the Council's CM-22-356 March 23, 1970 liaison to the Livermore Development Commission, (LDAD Continued) having worked for thousands of hours with the citizen group in the community to bring the issue to the point it is today, fully recognizing that this Council cannot complete that action, but to act as a representative of that group and to act as a voice that the protests we have re- ceived, although "yes" or "no" in nature, in many instances was a qualified protest based upon the deletion of certain aspects of the program. Mayor Marguth further stated that he did not take this action of the City Council as a repudiation of the plan in any way, or a renunciation in any way, of the plan that was brought before the Councilor before the community, and furthermore, he did not take the motion as one that was intended to say to the community that nothing constructive can happen in this area; but rather would accept the motion as he assumed it would carry by the majority; accept it on behalf of the LDC and those many people who have worked the many thousands of hours of citizen's effort; thank the staff for their dedicated efforts in attempting to bring this to a conclusion in a reasonable manner. Mayor Marguth continued that the citizens who have worked so long and hard on the project would understand the Council's action if the Council does choose to adopt the resolution presented. In his voting against the motion, it is his way of saying to these people, "thank you for your efforts", and lit hank you for your diligence in the community and keep up the good work", and he felt that is the intent of the Council and would take this position. City Manager William Parness stated that, as a matter of technical order, there is probably a resolution that will have to be pre- pared by the Bond Counsel - a formal resolution that will termi- nate the proceedings, and would take the action as an approval of that resolution which will be prepared. A vote was then taken on the resolution, which passed by the following vote: AYES: NOES: ABSENT: Councilmen Miller, Taylor and Uthe Mayor Marguth Councilman Silva RESOLUTION NO. 41-70 RESOLUTION ABANDONING PROCEEDINGS FOR FORMATION OF THE LIVERMORE DEVELOPMENT ASSESSMENT DISTRICT, CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA * * * Councilman Uthe at this time stated that he was aware of the fact that Councilman Silva might have been informed of the above action taken although he did not talk to him personally, and imagined that Councilman Silva felt very badly, which may be the main reason for his absence. Further, there is this public hearing before the Council, which he felt is far less important than what has just happened, and made a motion that the public hearing be continued for one week in order that Councilman Silva might be present for debate on the subject. PUBLIC HEARING (Kaufman & Broad) PUD No. 3 It was felt that the discussion was important in that it was the first on townhouses and Councilman Silva would continue on the Council and would have part in the final decision. Mayor Marguth stated that even though Councilman Silva was absent, it was incumbent upon them to open the public hearing since there were a number of people present and therefore did not recognize the motion of Councilman Uthe. CM-22-357 March 23, 1970 (Kaufman & Broad Continued) Mr. John Barker, of Associated Professions, repre- senting Kaufman and Broad, stated they would like to concur with Councilman Uthe's request and would like, also, in the interest of all concerned to have the Council receive as much testimony as they were willing to, perhaps with- out taking direct action, and postponing that until Councilman Silva was present. However, Mayor Marguth stated that if they did take testimony, Councilman Silva would not be able to act upon anything except the testimony he takes. It was the Council's decision to continue the hearing for one week on motion of Councilman Uthe, seconded by Mayor Marguth and by unan- imous approval, with the concurrence of the applicant. AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT EXCEPT COUNCILMAN SILVA. * * * Mr. Val Yoakum, 3832 Dartmouth Way, stated he under- stood there had been another legal move on the Louns- bury Wrecking Yard, and Mr. Lewis, City Attorney, explained that this had been checked about a month ago; there was a prosecution and Mr. Lounsbury was found guilty of violating two provisions of the County Ordinance; one, operating without the proper permit and the judge gave him one year either to get the permit or to terminate the use and he is still within that year's permit. OPEN FORUM (Lounsbury Wrecking Yard) (Parking- 4th and Maple sts.) Mr. Yoakum requested that the diagonal parking at 4th and Maple Streets be checked as it is quite a problem. He felt that there is a parking lot which is half empty that could be used and the diagonal parking eliminated and asked that there be some action taken. Mr. Lee agreed that there is a traffic problem and he was requested to look into the steps necessary to implement a change in the park- ing in the area. TRACTS 3064 and 3196 (Christopher Land Co.) * * * CONSENT CALENDAR The matter of executing the subdivision agreements, accepting bonds and tract maps for Tracts 3064 and 3196, of the Christopher Land Company, were on the agenda; however, City Manager William Parness sug- gested that these items be removed and continued for one week. After some discussion, a motion was made by Councilman Miller, seconded by Councilman Taylor to con- tinue this matter for one week or until the map comes back in correct form, and also the resolution authorizing execution of deed to channel to Alameda County Flood Control and Water Conser- vation District, which was suggested for continuance; however, the motion failed to obtain a majority by the following vote: AYES: NOES: ABSENT: Councilmen Taylor and Miller Councilman Uthe and Mayor Marguth Councilman Silva A motion was then made by Mayor Marguth, seconded by Councilman Uthe that Item "J" re the deed to the channel be continued for one w~ek, and passed unanimously. Mayor Marguth suggested that Item "I" be removed from the consent calendar and put at the end of the agenda for a brief discussion to see if there is a simple problem involved in having the contested CM-22-358 March 23, 1970 lots become conforming with the standards. Councilman Uthe seconded the motion by amending it to say that there should not be more than fifteen minutes spent on the item. If they do, it is too complex to handle at this time without staff review. The motion then passed by the following vote: (Tracts 3064 and 3196 Continued) AYES: NOES: ABSENT: Councilmen Taylor, Uthe and Mayor Marguth Councilman Miller Councilman Silva * * * Departmental reports were presented to the Council as follows: (Departmental Reports) Airport Activity and Financial - February Building Department - February Fire Department - January Golf Course - February Justice Court - December, 1969 and January, 1970 Police Department - February Water Reclamation Plant - February * * * A written request was received from the Livermore (Circus - Jaycees) Jaycees to conduct a circus at the City's commu- nity park-civic center site on June 18. The recommendation was to adopt a motion approving this request subject to the following: 1) Public liability and property damage insurance, in amounts adequate to satisfy the City Attorney, be posted indemnifying the city, its officers and employees. 2) Adequate provision be made for the policing of the grounds, as deemed necessary by the Police Chief, with costs to be borne by the applicant. 3) Grounds are to be returned to their original condition with all imported debris to be removed at the conclusion of the use. * * * A written communication was received from the Economic Opportunity Programs of the County of Alameda re support of a merger of Southern Alameda County and the Oakland-Berkeley CAMPS committees into a single CAMPS committee for the entire County. A letter was received from Thomas H. Willoughby (AB-479) on behalf of John Knox acknowledging the Council's telegram supporting passage of AB-479. WRITTEN COMMUNICA- TIONS (CAMPS) * * * Minutes were received and acknowledged from the following: MINUTES (Various) Library Board meetings of January and February Housing Authority meeting of February 17 Planning Commission meeting of March 3 * * * Summary of Planning Commission's action taken at the meeting of March 17 was acknowledged. SUMMARY (Planning Commission CM-22-359 March 23, 1970 (License for Walkway) The School District has requested a walkway for school children across Jackson Avenue parksite from East Avenue to the Jackson Avenue School. The staff recommendation is to adopt a resolution. RESOLUTION NO. 42-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT- LICENSE FOR WALKWAY) * * * (Establishment of Municipal Court - Murray Township) RESOLUTION NO. 43-70 A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY TO IMPLEMENT THE ESTABLISHMENT OF A MUNICIPAL COURT FOR MURRAY TOWNSHIP The Board of Supervisors is shortly discussing the establishment of a municipal court for Murray Township and the City Council wished to urge the Board to do so by the above resolution. * * * ~ayroll and Claims) Ninety-six claims, dated March 12, 1970, in the amount of $51,219.38 were presented to the Council and ordered paid as approved by the City Manager. * * * Approval of Consent Calendar A motion was made by Councilman Taylor, seconded by Councilman Miller, and passed unanimously, to approve the items listed on the Consent Calendar. * * * INTERFAITH A report was received from the City Manager re HOUSING waiver of fees for the Interfaith Housing, Inc. project for housing for the elderly. Mr. Parness explained the applicable fees and the request of the applicant for waiver of some of the City fees, such as annexation fee, park fee and half of the sewer fee, which totals about $10,000. Mr. Parness stated that there was some justification for the argument as presented by this group as it is comparable to a public service type of enterprise, and indicated it was reasonable to consider a reduction of the sewer connection fee and that there was no annexa- tion or park fee. Councilman Uthe made a motion, seconded by Councilman Taylor to accept the recommendation of the Interfaith Housing, Inc., and thereby they will be paying only one-half of the sewer connection fee. Councilman Miller questioned why there was no annexation agreement in regard to this matter and was advised by the City Attorney that the property was annexed prior to the advent of formalized con- tracts dating back to 1957, at which time it was a policy to have an informal agreement between all parties. Mr. Jack Phillips, 551 North P Street, asked the Council if they had lowered the sewer connection fee at Springtown when it was built, and was advised that it had not been lowered, but that quasi public buildings are given a reduction, generally. Mr. Phillips then asked about Villa Gulf, and was advised that it was already hooked up, and would fall under the same category. Mr. Phillips stated he was opposed to the lowering of fees as there are people in Springtown with fixed incomes, and since the fee was not lowered for Springtown, it should not be lowered for this CM-22-360 March 23, 1970 project as he felt they could pay the $10,000. (Interfaith Housing Continued) A vote was then taken on the motion and passed unanimously. * * * A written communication was received from stuart J. Smith, re a proposed density transfer agreement, and Mayor Marguth suggested that since Councilman Silva is working with Mr. Musso on an ordinance in the area of density transfers that this matter be continued until Councilman Silva is present or until the staff is ready to discuss it in a formal matter. COMMUNICATION RE DENSITY TRANSFER AGREEMENT Councilman Miller commented that the idea was good and was simi- lar to those which had been proposed off and on for some time by other members of the Council. Mr. Musso was asked about the progress along this line and advised that they have been outlining such a program for the City, but not inter-city as yet. Councilman Uthe commented that he could not accept the recommenda- tion by Mr. Smith with respect to the interjurisdictional contract agreement and he felt the program should be started with our own planning area, and perhaps limit the density transfer to a general plan area of Livermore. Councilman Taylor also commented on the issue stating that in looking at the whole Valley and the problem of open space, the problem of inter-city density transfers is not the real issue; the problem is transfers between the City and the County as the large portion of open space is in the County. It was the decision of the Council to postpone further discussion on this matter until Councilman Silva was present. * * * The discussion on Tracts 3064 and 3196 was post- poned until this time. TRACTS 3064/3196 (Christopher Land Company) Mayor Marguth referred to a redrawn map and questioned the Planning Director with reference to the lot lines which Mr. Musso explained, stating that some lots in one of the cul-de-sacs do not have a proper front footage. Councilman Miller urged the Council that they follow a policy adopted some time ago and not accept things for final decision on a new map handed to them that night, as he felt it was unwise to approve the map without seeing the actual drawing. He cited an example, and asked that the matter be continued for one week so that the drawings can be prepared, and Councilman Miller made a motion to that effect, however the motion died for lack of a second. Councilman Taylor questioned the Planning Director as to when he saw the maps and if he would have questions about accepting lots with the irregular lot lines. There followed some discussion relative to lot lines. Mr. Joseph Steenblik, representing R. M. Galloway & Assoc., Inc., indicated there was an honest oversight on their part and on the part of the staff. He stated that the lots were laid out just prior to his going to work for this firm, which was four months ago, and just today it came to his attention. CM-22-361 March 23, 1970 (Tracts 3064 and 3196 Continued) Mayor Marguth stated that the question before the Council is whether it wishes to grant a variance on either the redrawing of the lines or grant a variance to reduce requirements on backyards in particular. Councilman Miller made a motion to continue the matter for one week to refer it back to the staff, seconded by Councilman Taylor, and it passed unanimously. MATTERS INITIATED BY STAFF (Insurance Coverage) * * * The City Manager advised the Council that a decision had just been reached and it was important that it be decided by the Council tonight involving the City's public liability insurance coverage. There is a rider in effect with one of the companies that extends only until the 1st of April. The staff consulted with the insurance consultants that were used in appraising the present coverage in company with the present agent, and Mr. Parness went on to explain the different coverages offered by the bidders. In summary, the features in the coverage offered by Pacific Indemnity are much greater and can be obtained for $8300 over the low bid of Safco Insurance, and this is the recommended course of action by the present agent and the insurance consultants. A motion was made by Councilman Uthe, seconded by Councilman Taylor, to accept the City Manager's recommendation. Councilman Miller felt that the matter should be continued for one week to allow time to read the documents involved in the matter; however, the insurance agent, Mr. Morgan, advised the Council that the rider actually expired last week, but due to the nature of the business at hand at the time, the period was extended to the 1st of April. Councilman Miller then requested a recess to study the documents presented to the Council on this matter. AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT EXCEPT COUNCILMAN SILVA. At this time a vote was taken on the motion and passed unanimously. * * * AIRPORT RULES The City Attorney submitted a written report to- AND REGULATIONS gether with the Rules and Regulations for the Municipal Airport and recommended adoption by the City Council. On motion of Councilman Uthe, seconded by Councilman Miller, and by unanimous, approval, the following resolution was adopted. MATTERS INITIATED BY COUNCIL (Junk Cars) CM-22-362 RESOLUTION NO. 44-70 A RESOLUTION APPROVING AND ADOPTING RULES AND REGULATIONS FOR THE LIVERMORE MUNICIPAL AIRPORT. * * * Councilman Taylor stated that at the Vasco Road overpass on Highway 580 there are some wrecked cars that some of the residents are complaining about, and felt this should be investigated. * * * March 23, 1970 Councilman Taylor stated that they had discussed (Help for School what could be done as a City to help the School District) District; they had been asked by the School Dis- trict for help and had received several legal opinions on what could or could not be done. As a result of this, the City Attorney had worked on a bill, trying to get it passed, and since the Council had not taken any action on this, proposed that AB-1271 be endorsed by the City. The bill had been checked by the Legislative Counsel, who had found that similar bills have been found to be constitutional in at least three states. The bill would give cities authority to require a subdivider to dedi- cate a portion of land to the school district for the purpose of schools, and also to provide funds for the construction of tem- porary school facilities, if necessary, all of which as a condi- tion of the final subdivision map. He felt that submitting a bill like this to the Legislature is the proper way to go about getting permanent relief from the school land problem. Councilman Taylor made a motion to formally endorse at this time AB-1271 to be introduced by Assemblyman Carlos Bee, relating to the dedication of school sites and also possible provisions for providing temporary facilities as conditions of a map. The motion was seconded by Councilman Uthe, and following some discussion, passed unanimously. RESOLUTION NO. 45-70 A RESOLUTION IN SUPPORT OF AB 1271 RELATING TO THE DEDICATION OF LAND FOR SCHOOL PURPOSES. Councilman Taylor suggested that copies of the resolution be for- warded to the School District so they could take appropriate action to see that it gets the support from the other school districts. * * * There being no further business to come before the Council, the meeting was adjourned at 9:37 p.m. ADJOURNMENT APPROVE ATTEST C * * * Regular Meeting of March 30, 1970 A regular meeting of the City Council was held on Monday, March 30, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. * * * PRESENT: Councilmen Miller, Silva, Taylor, Uthe and Mayor Marguth ROLL CALL ABSENT: None * * * CM-22-363 March 30, 1970 OPEN FORUM The Mayor invited any person in the audience to address the Council on any subject not on the agenda; however, there were no comments voiced. * * * PUBLIC HEARING RE AMENDMENT TO PUD NO. 3 (Kaufman & Broad) ~. .:[1" 3 /'1~ The public hearing regarding the application for amendment to Planned Unit Development No. 3 (Kaufman and Broad) had been continued from the previous Council meeting at the concurrence of the applicant and with the approval of the Council. Mr. Musso explained that the application of Kaufman & Broad for amendment of PUD No. 3 is to allow reduction and elimina- tion of required lot frontage on dedicated streets; elimination of required side yard setback; reduction of distance between dwelling groups to a minimum of 12~ feet; lot splitting and sale of indivi- dual lots. The circumstances relative to the tentative map are that this is a subdivision of townhouses, or attached single family dwellings, to be erected on lots which do not have frontage on the streets which have common driveways and common open space. This tentative map differs from those which are routinely considered and the other aspect is whether or not the community wishes this type of development; and if so, what are the characteristics of this type of development, and what type of standards are to be used for eval- uating and approving townhouse developments. In the case of this development the standards considered at the be- ginning are RG-16 zoning regulations which allow construction of multiple residential units or apartments at 16 d.u./acre. Under present regulations the developer can build multiple dwellings in accordance with RG-16 requirements; the closest development at present under these requirements is the apartments on Murrieta Blvd. The Planning Commission in considering the proposal did not, however, consider these to be similar to a multiple residential development, but that by virtue of their subdivision to be more single family in character. RG regulations state that a single family lot has to be 6500 sq. ft. in area. However, the Commission was willing to reduce the lot size and more or less combine the RG and RS type of zoning for the townhouses. There are several characteristics of this type of development which were considered by the Planning Commission. In regard to density it was felt that 16 d.u./acre w~s too high for single family development. This type of development has more bedrooms and would thus accommodate more people; there is more area devoted to the automobile; and therefore there would be a reduction in the amount of open space. After consideration the Planning Com- mission concluded that a 10 d.u./acre townhouse development had the same yield in numbers of people and children as a 16 d.u./acre apart- ment house development. The Planning Commission had at a previous meeting tentatively approved a specified number of units (180) and directed the staff to prepare a cluster housing portion of the RS ordinance. Originally, in the RS ordinance it was believed that all townhouses would have frontage on the street but they have since been constructed without frontage on the street. Thus, much area is devoted to the automobile as shown on the tentative map. The plan, as resubmitted to the Planning Commission, did not have the specified number of units and the Planning Commission then re- commended that 10 d.u./ acre should be the maximum and recommended denial of the plan. Densities in other areas for this type of de- velopment range from 8 to 10, 12 or perhaps 14 d.u./acre but seldom past this in density. Mr. Musso pointed out that the Planning Commission did not dwell on the subdivision map; rather they were concerned with the PUD permit. The acreage involved is approximately 15 acres which would be 150 units under the 10 d.u./acre asopposed to the 193 requested by the applicant. CM-22-364 March 30, 1970 //- In response to a question by Councilman Silva, Mr. Musso pointed out that consideration of 10 d.u./acre for this type of development is generally based on the concept that the number of bedrooms determines the holding capacity and child yield of the area. Relative to parking, Mr. Musso explained that a 3-1 off- street parking provision had been included in the ordinance draft. In the proposed townhouse development there were 627 spaces pro- vided including street parking. (Public Hearing PUD No.3 Cont'd.) Councilman Silva asked if this were developed as RG-16 regular apartments, what would the open space acreage be. Mr. Musso re- plied there would be more open space due to the automobiles involved since the townhouse development requires more parking and access area. In apartment house developments there is central parking with one driveway. Mr. Jim Day, 745 Cardinal Drive, stated he would like to ask the Council to deny this and every other request for dwelling unit construction at least for a period of time. His reasoning was based on the impoverished and overcrowded school system and if San Francisco has denied permits because of the lack of sewers; Livermore can do the same for schools. For every home built, including townhouses, the district accrues a net loss of $200 to $400; for every home built and filled in our school district, 3 to 3.4 children more go on double sessions. Mr. Day stated we have, by desire or default, a bedroom community and the school district is impoverished partly because of this circumstance and the lack of a tax base and partly because of the fact the federal government does not pay taxes to our community. There are now nearly 3,000 dwelling units being developed; 2,700 more approved; and 2,400 in planning. Can this community really absorb 8,000 more dwelling units without more industry? The people of this community do not owe any allegiance to growth at any price. His personal preference, and as he understood it, that of some of the Council, is balanced growth. The question is whether we are now balanced. If not, when does the community become balanced. His request was that this action be deferred until some solution can be found for the school system. Mr. John Barker, Associated Professions, representing Kaufman & Broad, stated this particular proposal was submitted to the Plann- ing Commission in December, 1969, and contains a number of facets, in addition to townhouses. There will be three acres of RG-16, 2.2 acres of duplexes, 6-acre shopping center (7 acres total com- mercial) as opposed to PUD. A great deal of attention has been devoted to the townhouse block, perhaps to the exclusion of other points. There could be 289 apartment units which could be con- structed in this tract if townhouses are not permitted; therefore, advantages to this proposal are: 1) Density with townhouses would be 12.7/acre rather than 16/acre for RG-16; 2) Construction of Charlotte Way, a collector street, would be guaranteed by approval of this map and Norma Way would also be constructed and would assist the traffic circulation in the whole area; 3) There would be a pedestrian-bicycle and landscaped trail which would run about a half mile, twenty feet wide. The duplexes would be a good transi- tion between the Sandra Way houses and the townhouses as proposed on the map, and a neighborhood shopping center would be provided. The construction of townhouses would provide a home for people of modest incomes and in the proposed plan there are four acres of common green through the center of the development. This is just slightly less in area than Kathy Way park, which is to provide recreation area for about 450 homes. In addition, there would be a recreation building and a pool included on the common green. The profiles run by Kaufman & Broad relative to the number of children in townhouses indicates .6 school age child per townhouse which is verified and substantiated by other developers and other agencies. By direct comparison, the City's General Plan indicates .6 school age child per RG unit. The townhouse development would be stated; the manner in which these are built is similar to a CM-22-365 March 30, 1970 (Public Hear- ing, PUD No. 3 Continued) single home where construction occurs as they are sold. The basic difference between town- houses and apartments is that townhouses are sold individually and~artments are rented. Mayor Marguth announced that letters of protest had been received from Carlton M. Furnberg suggesting that such development not ex- ceed ten per acre; Mr. Albert J. Oliver in opposition to the PUD; Mr. and Mrs. Eugene Neau in opposition to the amendment, and a petition signed by nine families in the Wagoner Farms area in opposition. Mr. Clarence Hoenig, 588 Tyler Avenue, spoke generally on the problems of the health and safety of children on East Avenue, and expressed concern regarding an increased child load. The Police Department is concerned about the access of this area on East Avenue and patrolling this area, and the Council has these grounds to hold this development in abeyance until a school can be located in the area. Mr. Harry Galles, 5339 Sandra Way, agreed that the school overload problem would get worse. If it is possible to shut off development, the Council should follow this course; however, if it is not legal- ly possible at this time, the Council has the obligation to provide young families with housing they can afford. Problems of growth and traffic are less in townhouse developments than apartments since it is a phased program. If the development cannot be ar- rested, then at least serious consideration should be given to a townhouse type of development as apartments just provide more housing for transient type of housing. Mr. Gordon Smith, 5256 Irene Way, expressed his opposition to the development of the townhouses at the higher density. One of the points which should be considered is the total number of bedrooms to be generated by the development. The plans state two to four bedrooms, but does not given an average for the development. On the proposed 12.8 units per acre, the Planning Department has told him that a low density for low cost apartment housing, such as Villa Gulf, was 8.4 units per acre. The plan being presented for low cost housing is 50% higher in density than Villa Gulf. This is an experimental plan, the open concept, and he questioned the noise level to be generated in this type of development. Mr. S. L. Smith, 5351 Sandra Way, stated he preferred the townhouse development rather than going back to the PUD No. 3 for high den- sityapartments. Other than this, the main objective has been fulfilled which was to improve the traffic circulation by extend- ing Sandra Way and by extending Charlotte Way as soon as possible to East Avenue. He would prefer the townhouses rather than apart- ments with transient residents and immediate construction. Mr. Thomas Raison, 5244 Kathy Way, spoke in opposition to the townhouses and the apartments since the school system is in dire need of more financial assistance. Builders are continually put- ting in more tracts; people living here are going to have to pay the development burden. The Council should deny both the apart- ments and townhouses. Mrs. Bernard Shore, 1446 Lillian, stated she was not in favor of either apartments or townhouses, but she did oppose the townhouses strongly and felt that there was not access to the open space for many of the children in the apartments. If the low cost housing is a real issue, it should be explored to see if the townhouses are a good buy. There is no need in the town immediately for this housing as most of the industries are cutting back. There were many houses advertised for sale in the paper, and there is no need for more housing. We should consider only our own immediate needs. Mr. Rollin Harding, 1451 Lillian Street, asked that the Council not approve this amendment. He did not disapprove of townhouses per se; however, his argument was against the density. CM-22-366 March 30, 1970 Mr. Darrell Davis, 5360 Sandra Way, stated he favored the townhouses over apartments if he was faced with the choice. (Public Hearing PUD No.3 Cont'd) Mr. Denny Frischknecht, 5150 Norma Way, had submitted a letter in oppostion to this proposal as he lives directly across from the area under discussion, and the Council was considering a variance on setback from the street. His property, and that of his neighbors, had been bought with the understanding that gar- den apartments with proper setback and proper parking spaces would be built there. It appeared that the builder was not going to provide proper parking or setbacks, and it was danger- ous to consider parking on the street as a part of this plan. Mrs. Lee Heaton, 1392 Kathy Court, said she was against increas- ing the density for the following reasons: 1) there is no park at present; approximately thirty children live on her block, and these children play in the street and present a safety pro- blem; 2) construction began two years ago on a house next door to her home and this and other homes in the area are for sale but have not been sold; there is no housing shortage, otherwise these homes would have been sold; 3) parking space is a problem, and increasing the number of units would contribute further to this problem; and 4) there will be no school in the immediate future. Mr. Anthony Varni, attorney representing the developer, felt that there were some basic misconceptions on the part of the public. On the question of setbacks, some felt that the set- backs would be less for the townhouses than for the~artments, but actually the setbacks would be the same. It was also stated the parking would be a greater problem with the townhouses, but the parking ratio is higher for the apartments (l~ spaces per unit) than for the townhouses ( spaces per unit). The density is not being increased because PUD No.3 has been allocated a specified number of units, and this request for amendment does not exceed that number. The requested number of 193 units is the same as that approved in 1961. The City has requested that some developer try cluster housing, and this is the first devel- opment to do so. Kaufman & Broad is one of the first companies to try cluster housing in the United States. The Federal Hous- ing Administration has set up basic guidelines on density; 14 units per acre is acceptable and projects have been approved and financed at this density. The project under consideration has a density of 12.7 units per acre and is approved by the FHA for their financing. This 193-unit development would have its own homeowner association and its own conditions and restrictions that apply to none of the other units in the development. One of these conditions is that all exterior maintenance such as painting, roof repair, landscaping, gardening, watering, of all common areas are handled by the homeowners association. The payments on this housing would be such that a young family can live there, but the area will be adequately maintained. This is a new form of housing which planners have asked for for many years. It will not hurt the surrounding R-l area if it has adequate interior landscaping to service its own people and adequate parking to service its people, if the units are adequately maintained. Apartments could have been built before this time since it is already approved, but they want to build this new form of housing as they are doing in many other cities. It should be discussed on its merits, and he felt it should be approved. On motion by Councilman Uthe, seconded by Councilman Silva, and by unanimous approval, the public hearing on the request for amendment to PUD No. 3 was closed. Councilman Uthe asked if this was an FHA 235 program, and Mr. O'Brien of Kaufman & Broad explained that an FHA 235 program CM-22-367 March 30, 1970 (Public Hear- ing, PUD No. 3 Continued) is an interest rate subsidy program which allows homeownership and allows the people to purchase the homes at 1%. He stated there have been no applications on this project under that program. Councilman Taylor asked what the density of other Kaufman & Broad townhouse developments is and Mr. O'Brien stated that in the town- house development now being sold in San Jose the density is 14 units per acre; in the proposed development in Milpitas it will run around 12.5 to 12.8; in Union City it has been approved at 14 units to the acre; in Foster City, 10 units per acre. In answer to a question by Councilman Silva, he further stated that the price range of the units in Foster is $24,500 to $32,000 and the price range in Livermore will be $15,000 to $20,000. Councilman Uthe wished to discuss a few facts regarding the back- ground of this development to close the community gap. The land is presently zoned for multiple at 16 d.u./acre. This develop- ment was approved before the tenure of the present Council, but it is a matter of law that this fifteen acres is zoned at 16.d.u. per acre. This acreage has been controlled over the years through a PUD which has gone through several ownerships and is now frac- tionated into several other ownerships. Every time it has been divided, some of the cost burden is transferred and it is most probable that the cost of improvements along East Avenue will have to be borne by this particular property, thus yield becomes im- portant to support these improvements, especially the utility costs. It is not a public housing project as stated to the Council; it is a privately owned situation caused by development of an additional social responsibility by the FHA, who perhaps think some of the disturbance in the cities could be reduced if people owned property rather than renting. If the balanced community concept is going to be continued, approximately $40,000 worth of cash market value must be placed under every unit built in the City. Typically, this is spread in the balanced community between the commercial, indus- trial and residential properties. Very often it is assumed that the commercial and industrial support half the value and the family home supports the other half. At present we do not have a balanced community. An apartment dwelling unit is typically appraised by the assessor in the range of $8,000 to $10,000 per unit and the townhouses will come in about $18,000 to $20,000 per unit after the family moves. Thus, the unit value per family for these townhouses is about a factor of 2 per dwelling unit greater than that for apartments. In discussing the school tax base then the number of children in these units to be educated must be figured into the economic cash market value of the property itself. One of the questions to be considered is whether this kind of development will bring in excessive numbers of children for the schools or not. AFTER A BRIEF RECESS THE MEETING WAS RESUMED WITH ALL COUNCILMEN PRESENT. Mayor Marguth stated that this was the first townhouse proposal to be considered by the Council and it would set some precedents in the way these projects are treated in the future. It is important that this matter be debated completely in order that the feelings of the Council can be made known. Councilman Miller stated that although this is the first townhouse proposal to be considered by the Council, the same general concept was proposed several years ago at a density of 10 - 14 units to the acre and was roundly turned down as the result of widespread protest of people in the area. This area is controlled by a Planned Unit Development permit which cannot be changed without consent of Council and the developer; therefore, the Council is not legally bound to approve anything with respect to time or requirements; there is the option of refusing to amend. Councilman Taylor stated he had looked at the development and felt it was very good and was what had been hoped for for a long time _ CM-22-368 March 30, 1970 cluster type housing with open space. This type of development has not been seen before; those seen were lower densities. The appli- cation reviewed by the Council a number of months ago from McKeon Company (easterly of this development on the north side of East Avenue) was for homes in the $14,000 to $15,000 range and were designed at a lower density and seemed like a good design but were turned down because of the traffic load on East Avenue. The logical way to house people at higher densities is to group the parking together in a common facility so that less space is taken for parking. The basic problem facing Kaufman & Broad in this development is that the property was purchased at a price consistent with RG-16 development and is high priced land and is probably the reason for the high den- sity planned. (Public Hearing PUD No.3 Cont1d) The developer usually wants to tie the cost to the land fronting the PUD, and the cost of utilities along East Avenue should be spread over the whole development because it is a considerable amount. A motion was made by Councilman Taylor, seconded by Councilman Miller, to deny the request for amendment to the PUD. Mayor Marguth stated he felt there was a great deal of similarity between this plan and the one presented by McKeon mthat the den- sity is almost equal. The biggest argument against the McKeon plan was that it was a leap-frog development since there would be another strip of East Avenue without sufficient widening and traffic control; secondly, if the four acre open space in this design were distributed among the units, it would be quite com- parable to the McKeon plan. There was inadequate parking pro- vided for in the McKeon plan. Actually in Kaufman & Broad's plan there is a great deal of green area or open space. There- fore, he felt the plan before the Council was at least equal, if not superior, to the McKeon plan. Councilman Miller pointed out that the improvement costs should be distributed over the whole area, not just a portion, and he felt the density is too high with not enough space for children to playas there would be more children in these units than in apartments. Although the number of units is smaller, the differ- ence is likely to be transferred to Tract 3064 for single family residences and the net effect would be to increase the number of children for the schools. Townhouses at a lower density might be considered reasonable and cluster housing has been proposed as a way to provide lower priced housing by concentrating the housing so that public works improvements are cheaper to install and leaving the rest as open space. He felt the request was for a major change in the use and, therefore, a change in the over- all density of the PUD permit should be considered. The general density of the area is over the density in the General Plan, and it seems the overall density of the PUD permit could be cut back to be consistent with the General Plan. Financing has become available for townhouses, and this is the reason for the push in this direction and is not a reason for the City to change its ordinances or to adopt higher densities. Councilman Miller further pointed out this PUD permit has been in existence for nine years and should have never been renewed. It is a dangerous precedent to look at townhouses or cluster housing with this high density when the original concept was for four or less units per acre and use of cluster housing to reduce the cost. They had not been considering 12 - 14 units per acre with no compensating open space, but rather 6 to 8 units per acre with compensating open space, to make an overall density of four to the acre. To go back to higher density for single family dwellings would be a backward step after years of effort to re- duce this density. CM-22-369 March 30, 1970 Councilman Silva stated that in regard to the trans- fer of density from this section to Tract 3064, the developer could not possibly get the balance of approximately 100 units in Tract 3064. Allowing the townhouses could not be considered a breach of faith with residents of the area since it had been pointed out the set- backs would be the same. Concerning the number of children in the townhouse units versus apartments, if this concept is to be a basis for the Council's decision then the RS ordinance would have to be changed to the number of bedrooms per acre. It would help the school tax base to have townhouses as pointed out earlier by Councilman Uthe. The City does need housing for modest income families and Councilman Silva questioned whether it would be possible to set a maximum price if the townhouses were approved, but the City Attor- ney said he did not believe this could be done. (Public Hear- ing, PUD No. 3 Continued) Councilman Uthe stated that it is a known fact people have to have housing and the cost of housing in California is increasing at twice the rate or 29% in the last five years. This means more and more people are being denied the opportunity to house their families in safe, clean surroundings. There will have to be innovations in housing during the next few years and townhouses have been designed to meet part of this need, but the necessary community services must be provided or else additional problems are created. Most planners believe that townhouses should be designed for 9 to 10 units per acre, but with an overall density of 2 d.u./acre. About half the people in the City cannot qualify for housing and he suggested that perhaps they should consider an experimental portion of around 40 units to find out some facts about this type of development. Councilman Taylor felt additional problems might arise if part of the acreage was developed as townhouses and the rest as apartments since there would not be continuous open space. Councilman Uthe referred to the Mountain View development, which the Council had viewed, where 48 units of garden homes had been built surrounded by an RG-19 zone. Mr. Musso commented on the student yield in the area. It is planned that two schools will be built in the Wagoner Farms area and these schools are based on a typical single family student yield. Apart- ments would decrease the school problem and the townhouses, assum- ing a little lower child yield, would not reduce the problem. The Planning Commission had planned for adequate schools in the area over a long term period. Mayor Marguth stated that from comments he had heard from residents of the area these people had bought their homes because the area was somewhat removed and an attractive area. If a halt in construc- tionshould be called, there would be no schools in that area because there would be an inadequate number of children to justify the schools and there will be no shopping in that area until there are approximately 4,000 to 5,000 people in that area. Parks and access to East Avenue for this area must have an economic base in order for these to be provided, and economic justification is not present in this area at this time. Home ownership would be better for the area than rental units and the rejection of this amendment to the PUD is another step in an effort to lower the density and retard growth which is a disservice to the people already living in the area. This area has been started and growth should be allowed to proceed until all services can be provided and he felt that denial of the amendment would be unfair to the people presently residing in the area. AYES: NOES: ABSENT: Councilmen Miller, Taylor and Uthe Councilman Silva and Mayor Marguth None M~ 1ei/cr .3I1S No. 3vfwas l)- oK, . \II. ~lgl~o l'jJY,J\,,\ ~ A .~r-/~_ 19L ';'~1J}/' GJvi The motion to deny the request for amendment to PUD carried by the following vote: CM-22-370 Mr. O'Brien of Kaufman & Broad stated that from the applicant's standpoint, they would now have to proceed with apartments. The townhouses had been planned in the price range of $15,000 to $20,000, but with just 180 units they could not do this economically speaking. March 30, 1970 (Public Hearing PUD No.3 Cont'd) Councilman Miller stated that if the intent of the applicant was to build townhouses, then they could cluster housing on the lower priced land in Tract 3064, and maintain the density of 4 d.u./acre. Mr. O'Brien stated that landscaping cost is equal to that of pavement, and there would not be any savings in cluster housing on Tract 3064. Savings in townhouse developments are in the cost of the land. The action of the Council made it necessary for the developer to build the apartments. There is no cost savings in building cluster housing at 4 d.u./acre when there is the same land cost as single family. * * * CCNSENT CALENDAR A letter of resignation was received from Mr. R. W. Taylor as a member of the Beautification Committee, and the Council expressed graditude for his service on this committee. * * * A letter had been received from the Communica- tions Service Center regarding the bus study participation authorized by the City Council on March 2, 1970. Resignation from Beautification Committee - (R.W. Taylor) Communication - Service Center Bus Study The City Manager stated the bus study would be done by BART, AC Transit, and the three public jurisdictions in the Valley. A joint powers agreement has been executed and a Board of Direc- tors, of which the City is a part, will administer the terms of the contract. DeLeuw, Cather Company has been selected as the consultant for the survey. There is no way that a low income representation can be made on the study as requested in the letter; the study will be carried out under auspices of the Board of Direc- tors with about 90% of the funding from federal funds. Councilman Taylor said that he felt these people just wanted to be sure their views and problems were considered in relation to the bus study. Councilman Taylor was asked by the Council to contact the Communications Service Center Program Director, Mrs. Bianchi, and inform her that the Center contact Mr. Parness and work through him as the City's representative in this study. It was also suggested that the Springtown Association be con- tacted as source of input for this program. * * * A letter of appreciation regarding the effort made by the City Council toward restoration of PL 874 funds for the Livermore Unified School District was received from Mr. Rundstrom, District Superintendent. * * * PL 874 Funds - School District A report was received from the Public Works Director regarding the Quezaltenango Park- way bid solicitation. It was pointed out that there is still space for a horse trail in the plans, but it is not planned to be developed at this time. Bids will be received on a modified plan for this project. Quezaltenango Parkway Bid CM-22-371 March 30, 1970 Payroll and Claims Approval of Consent Calendar TRACT 3064 and 3196 (Christopher Land Co.) REQUEST RE ENCROACHMENT PERMIT One Hundred ninety-nine claims in the amount of $53,444.03 and two hundred thirty payroll warrants in the amount of $70,098.71, dated March 25, 1970 were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Miller, seconded by Coun- cilman Silva, and by unanimous approval, the items on the Consent Calendar were approved. * * * Consideration of Tracts 3064 and 3196 of the Chris- topher Land Company was postponed from the previous meeting of the Council. On motion of Councilman Miller, seconded by Councilman Uthe, and by unani- mous approval, the following resolutions were adopted: RESOLUTION NO. 46-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3064 RESOLUTION NO. 47-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3064 RESOLUTION NO. 48-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3196 RESOLUTION NO. 49-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3196 RESOLUTION NO. 50-70 A RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED (Christopher Land Company) * * * A request had been made by Mr. Michael Murphy for an encroachment permit to place a newsstand, chained to a public pole, on First Street. The Department of Public Works had denied the request, and Mr. Murphy is appealing to the Council. Mr. Murphy explained that he had contacted many merchants in town regarding carrying the newspaper and had been refused and he wished to have a newspaper rack in a public place. In answer to a question by Councilman Silva, Mr. Murphy stated the paper he wished to sell was The Weekly People, the official organ of the Socialist Labor Party. Councilman Miller stated he could see a reason for wanting a place to sell papers not offered elsewhere in the City. To allow one newsstand for other papers might be reasonable. Mr. Lee indicated the problem is finding a location for the news- stand. If a permit is issued for a location in front of a business (for a controversial publication) it might be associated with the business and owners would object. He said he did not know of a place within the public right-of-way where this could be done. CM-22-372 Mayor Marguth felt it would not be appropriate for the Council to set up an area for distribu- tion of news media not accepted by regular merchandising facilities. March 30, 1970 (Encroachment Permit Cont'd) Comments were made that there seemed to be two newsstands on public right-of-way by Gardella's business establishment and the. Donut Wheel on First street. If the merchants will not sell the newspaper, then there is no way for the paper to be made available to the public. This allows the merchants to decide which papers will be offered for sale. The Canteen is a location where the most papers are sold, and Mr. Murphy felt a location downtown near the Canteen, but not necessarily iden- tified with it, would be proper. Mr. Robert Allen, 223 Donner Ave., stated there was a problem in getting minority views across; however, the public right-of-way is not a proper place to conduct private business. Councilman Silva stated he felt that no one should be allowed to operate on public property for a profit. If this request were allowed, then anyone could make a similar request. A motion was made by Councilman Silva, seconded by Councilman Uthe, to deny the request. Mr. Murphy stated that the City ordinance provided that permits may be issued to allow the placement of signs on public right-of- way. He wished to know the reason for the denial of his request and also under what conditions a permit could be issued for placement of the stand. It was pointed out to the Council that there is an encroachment ordinance which allows encroachment in the public right-of-way. It is used to allow tract signs or temporary signs of another nature. Mayor Marguth suggested that the Council table any action on this matter until a survey is made of what action other cities take in such matters. The motion to table the question of the encroachment application for sixty days and direct the staff to investigate what is done in other cities and report back to the Council was made by Councilman Taylor, seconded by Councilman Miller, and passed by the following vote: AYES: NOES: Councilmen Miller, Taylor and Mayor Marguth Councilmen Silva and Uthe * * * A request was made by Compla Corp. to postpone consideration of their appeal of denial by the Planning Commission for Variance. On motion of Councilman Uthe, seconded by Councilman Silva, and by unanimous approval, the matter was con- tinued for a period of thirty days until May 4, * * * COMPLA CORP. APPEAL OF DENIAL OF VARIANCE 1970. Councilman Taylor stated that at the time the annexation fee increase was approved, the staff had been directed to revise the fee structure. There had been an article in the Oakland Tri- bune outlining the bill sponsored by the Associated Homebuilders, introduced in the Assembly by Edwin Zeberg. The bill would have all fees paid by the City and the City being repaid by bonds, and the bonds retired by gas tax and sales tax monies. The argument for this method was that the new people moving in would pay sales tax, etc. and would ultimately pay for the fees. This could be referred to as inverse tax reform. He felt it was an attempt to unload the cost of home construction on someone else and urged that the Council immediately contact the League of California Cities regarding this matter. MATTERS INITIATED BY COUNCIL (Fee Structure) CM-22-373 March 30, 1970 (Fees Cont'd) On motion of Councilman Taylor, seconded by Coun- cilman Uthe, the League of California Cities will be requested to study the content of the proposed legislation and comment on it, and after further discussion re- garding the effect of such legislation on Livermore, the motion was approved unanimously. * * * (RE RR Crossing Councilman Miller stated he felt the Council on Trevarno Rd) should schedule a discussion regarding the rail- road crossing on Trevarno Road where an accident recently occurred. The staff was asked to advise if it was appro- priate for the Council to discuss the matter; if so, to set the matter for discussion at a later time. (Interchange Portola Ave. & u.s. 580) * * * Councilman Taylor asked about the status of the work on the interchange at Portola Avenue and U.S. 580. Mr. Lee advised that the design is completed and it was probably out to bid. * * * (Intersection Re the street markings at the intersection of 4th 4th & L sts.) and.L Streets, Councilman Silva inquired as to the right turn markings which seem to inconvenience motorists wishing to proceed north/south, if a motorist is making a left turn onto 4th Street. The Public Works Director was requested to submit a report on this matter. (Signs in Service Stations) * * * Councilman Silva also indicated complaints made to him regarding nonconforming signs in service stations. It was suggested that possibly the staff could present the reasons for the ordinance and outline what is permissible under the ordinance to service station owners. The staff also reports that a listing of nonconforming signs had been compiled for presentation to the District Attorney soon. After discussion it was decided that the staff should proceed with their previous action. (Training of Police Officers) * * * Councilman Silva said a suggestion had been made to him that a training schedule for police officers be initiated and he then gave a listing of the college credits earned by our police officers as well as special training seminars and institutes It was stated that ~t seemed that the City's police above average in the amount of special training received. attended. force was State Environ- mental Study Council) * * * Councilman Silva stated that there was a great deal of testimony taken at the recent State Environmental Study Council meeting and that additional testimony will be taken from various groups. He felt the Council should adopt a policy statement to be for- warded to the Study Council to be included in the report. The total report is due in February, 1971, but before this phase is completed, he would like to have a statement included. Mr. Parness was directed to find out the date of the completion of the Livermore phase of the report so that the Council could take action at a later date. CM-22-374 * * * March 30, 1970 (Policy Adopted re Liaison with Planning Commi s sUn ) Councilman Silva indicated that in reviewing the minutes of the Planning Commission he noted that Councilman Miller had urged certain action to the Planning Commission regarding freestanding signs in Industrial Districts. As a citizen Councilman Miller had a right to speak, but Councilman Silva not feel it was in order for one Councilman to appear before Commission urging certain action by the Commission. did the Councilman Miller stated that he did realize he was out of order and had apologized to the Chairman of the Planning Commission. Councilman Uthe felt it should be a policy of the City Council that members, unless personally involved, refrain from commentary unless requested to do so. A motion was made by Councilman Uthe, seconded by Councilman Miller, to adopt a policy that the Council will use the staff as the single source of liaison between the Council and Commission unless specific request is transmitted by the Planning Commission or if the matter is one relative as a citizen. The motion was approved unanimously. * * * Mayor Marguth presented a letter of resignation from the Planning Commission from Gale K. Hovey, who stated that due to his inability to give sufficient time to the Commission he felt he should resign. * * * (Resignation From Planning Commission Gale Hovey) Mayor Marguth said that as a result of the action (Termination of of the Council the previous week the Livermore LDC Assessment Development Assessment District had been termi- District) nated. There was a specific instruction to notify the properties within the community through the mail, but this has not been accomplished due to the heavy workload by those in charge of this action. Mr. Parness stated that the work could probably be done by the end of the next week at a cost of appro- ximately $1,000. The Bond Attorney had advised that this action was not necessary. Mr. Parness felt that this noticing would not serve any purpose and felt it unnecessary. Discussion followed regarding noticing through the newspapers, and whether this would be adequate for landowners living outside the Valley area. A motion was made by Councilman Silva, seconded by Councilman Uthe, and approved unanimously, to accept the recommendation of the City Manager and notice property owners through the news media rather than individual mailed notices. * * * Mayor Marguth stated that the staff had been directed some time before to prepare a long term capital improvement budget. This pro- posal is now ready, and Mayor Marguth suggested this report be held for study as soon as possible by the new Council. * * * There being no further business to come before the Council, the meeting was adjourned to an executive session at 11:30 p.m. " / (Long Term Capital Improvement BUdget) ADJOURNMENT CM-22-375 Regular Meeting of April 6, 1970 A regular meeting of the City Council was held on Monday, April 6, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. * * * ROLL CALL PRESENT: Councilmen Miller, Taylor, Uthe and Mayor Marguth ABSENT: Councilman Silva * * * PLEDGE OF ALLEGIANCE Mayor Marguth led the members of Council and those present in the audience in the Pledge of Allegiance. * * * MINUTES On motion of Councilman Miller, seconded by Council- man Taylor, and by unanimous approval, the minutes of March 23, 1970 were approved as submitted. >1t- <------:> COUNCILMAN SILVA HAD BEEN SEATED DURING THIS TIME * * * Lawrence Hayes, 2340 Fifth Street, stated that he had discussed a parking problem on South N Street with Councilman Taylor and Mr. Lee, that existed between the United California Bank and G. E. Daily, as he felt the perpendicular parking to the curb creates a traffic hazard. In addition, G. E. Daily parks new cars there to show to customers, which he felt was in violation of a City ordinance. OPEN FORUM (Parking Problem) Mayor Marguth explained that this had been discussed previously, and the Council had decided not to do anything at that time because there had just been a traffic improvement on First Street which restricted Mr. Daily's ability to do business in that area, however, the staff had been instructed to check into the matter, as there is a problem on South M Street north of First Street also. * * * Wallace Davis, 1842-E Railroad Avenue, referred to an incident which took place the night of March 28, 1970, where three white men in a truck picked a fight with him, and when he reported it to the Police Department, he was told to go home. He stated that the police officer was very apathetic; and they were not here to serve a black person and he has discussed this with other black people and they feel the same way that the police will not serve them as citizens; that they come last. He had come before the Council to tell them how he felt and how other black people in the community felt, so the next time he or any of his friends are jumped, they will not go to the police station because they cannot get any protection. Complaint re Police Dept. Mayor Marguth suggested that Mr. Davis come in and talk to the City Manager sometime during the week, and asked Mr. Parness to check with Chief Michelis, so that if such a situation exists it can be corrected. Councilman Uthe further explained to Mr. Davis, that the way to correct such a situation is to start by talking to the City Manager, and then, if there is no satisfaction, come before the City Council again at any time. * * * CM-22-376 * ~ (!I-.<.h<<~t~.<^-- ~ {.u~ '-/ ~~#;tz.R ?t{ ~ '~U2 " CONSENT CALENDAR April 6, 1970 Communication (Alameda County Admission Day) A communication was received from the Alameda County Admission Day Committee re celebration to be held on September 8-9 and requesting donation of funds. It has been customary to refer this to the Chamber of Commerce for any possible action. * * * request A report was received from the Public Works Director with reference to U.S. 580 Freeway construction. The Highway Department plans to call for bids in May of this year, with bid opening approximately six weeks after the call for bids. Mr. Lee explained that this included all the interchanges between Vasco and Tassajara Roads - the one on North Livermore, where Las Positas Road connects to 580, Portola Avenue Interchange and the Airport Interchange, which should all be nearly completed in a year and a half. * * * The Division of Highways was contacted and we are informed that warning signs will be posted on the freeway approaches to the intersection within three weeks; also, additional warning signs will be placed on the Portola Street entrance to the intersection. * * * REPORTS (Public Works - Interchanges) (Warning Signs - Portola Avenue) The City has a leasehold interest in the City dump properties by virtue of an agreement with William Ralph. Mr. Ralph has granted an ease- ment for a slight change in alignment in the PG&E power lines on the property and since the City has an interest, the approval of the City is necessary. It is recommended the City Council author- ize the execution of this document. * * * The following persons were appointed to serve on the Beautification Committee: Mrs. James Hadley, Robert A. Rumberger, Robert Schaefer, and Gary Drummond. (PG&E Power Line Easement) (Appointment to Beautification Committee) RESOLUTION NO. 51-70 APPOINTMENT OF MEMBERS TO THE BEAUTIFICATION COMMITTEE * * * The Public Works Director has reported re a revised agreement between the City of Liver- more and the Division of Highways. This agree- ment redescribes State Routes 84 and 580 within the City limits; provides additional funds to reimburse the City for approved lighting participation by the State; provides for City to furnish replacement, marbelite traffic signal standards on Rt. 84. It is recommended that the City Council adopt a reso- lution authorizing execution. RESOLUTION NO. 52-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF LIVERMORE. * * * Agreement with Division of Highways (Maintenance) CM-22-377 April 6, 1970 Annexation Agreement (Arroyo Road Annex No.2) An agreement has been executed by the singular owner of this area, M. R. Mehran. The terms and conditions are in accordance with the latest City policy. The area comprises approximately 140 acres. Councilman Miller stated that inasmuch as the annexation agreement was not in the agenda folder, it was his desire to read the text before it was approved even though the City Clerk advised that rarely were agreements included in the agenda folders. Councilman Taylor also questioned why the agreement had not been signed before this time and Mr. Parness explained that it was not signed simply because of the reluctance of the owner in view of the LDC plan, although the property was exempt, but there were words in the agreement that did cover that eventuality. Mr. Parness further explained that this was an abreviated form of an annexation proceedings and the public hearing is obviated by virtue of it being a singular ownership, and the annexation is accomplished by approval of the annexation. Councilman Miller made a motion, seconded by Councilman Taylor to delay this item for one week to allow time to examine the contract. Councilman Miller further stated that the City is a municipal cor- poration; and the Councilmen are officers, and he felt it is only businesslike to examine the contract, and one week delay should not be too hard on anyone concerned especially since the contract itself was delayed by the property owner for his own purposes. Mr. Masud Mehran, the owner of the property in question, addressed the Council, stating it is true that the Councilmen are the offi- cers; executing the contracts, however, they are equivalent to the members of the Board of Directors of a corporation and Mr. Parness is the president, having authority to execute contracts. Further, annexations in the past have been examined by the City Manager, and although it was a large annexation, was not as large as some of the others annexed by his company. He did not feel the size had anything to do with the importance of it, and listed the steps involved in the procedure to date. On July 21, 1969 the City Council asked the City Manager to investi- gate the possibility of other property owners wishing to join with this annexation, and he was asked to report back to the Council on August 4, 1969. He did report and stated there were some 32 pro- perty owners and they were not interested. On August 4, 1969 Arroyo Road Annex No. 2 was presented and on motion of Councilman Silva, seconded by Councilman Miller and passed unanimously as recommended by the City Manager to be sent to LAFCO and the Planning Commission for report and Mr. Miller stated at that time that the applicant should be aware of higher annexation fees being studied. On November 11, 1969 the Council set the annexation fee at $250 per dwelling unit for an interim period. On December 22, 1969, a new annexation agreement was drawn up by the City which was different than what was previously drawn up because of the new annexation fees, and because of the LDC and other matters that the City, and in this case, the president of his corporation saw fit to do. On February 9, 1970 the agreement was sent to their attorney, who at the time was on vacation, and this took a little while. On March 26, 1970 they requested execution of the new annexation agreement by the City, and since that time the City Clerk has arranged for the meeting. CM-22-378 April 6, 1970 Mr. Mehran stated that, contrary to what the City Manager had stated, they did not wait to see what would happen to LDC because whatever happened they had to accept one way or the other. It was just coincidental that the LDC came up during the negotiation period; further, it just happens that the presentation of the agreement is toward the end of the term of this Council. The annexation is a tough one and will be very difficult for them to live with, but every time they purchase property in Livermore they request annexation to the City because it is purchased for development rather than speculation. There is no benefit to him as an applicant, other than it can become a part of the City and it can be programmed and designed. (Arroyo Road Annex No. 2 -Cont'd) After some further discussion by the Council the vote was taken on the motion and failed to gain a majority by the following, and remained on the Consent Calendar as submitted: AYES: NOES: Councilmen Miller and Taylor Councilmen Silva, Uthe and Mayor Marguth RESOLUTION NO. 53-70 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT (ARROYO ROAD ANNEX NO.2) RESOLUTION NO. 54-70 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED llARROYO ROAD ANNEX NO. 2" TO THE CITY OF LIVERMORE PURSUANT TO THE llANNEXATION OF UNINHABITED TERRITORY ACT OF 193911 AND SECTION 35015 OF THE GOVERN- MENT CODE. * * * Minutes were received from the Library Board of the meeting of March 26, 1970 MINUTES * * * Exempt business licenses were approved for the following: Exempt Business Licenses Livermore Jaycee's - sale of refreshments at air show to be held on May 3 Kiwanis Club - Pancake breakfast - June 13 and 14 Livermore National Little League - various fund raising projects during the year Children's Home Society - Toyland Chapter - various fund raising activities Livermore Rodeo Association - dance, rodeo, and carnival during June 11 - 14. * * * A motion was made by Councilman Uthe, seconded by Councilman Silva to approve the items on the consent calendar and passed by the follow- ing vote: Approval of Consent Calendar AYES: Councilmen Silva, Uthe and Mayor Marguth NOES: Councilmen Miller and Taylor * * * CM-22-379 April 6, 1970 The Planning Director explained briefly that with reference to the appeal from denial of a Variance application to permit encroachment of existing structure in the required front yard setback at 763 El Caminito, it was an encroach- ment that occurred without the benefit of a building permit and the structure was constructed and later picked up by the City Building Dept. The applicant made application for variance which was considered not only on the merit of whether or not the Variance should be granted but also whether or not the ordinance was proper and should be changed, and after several months concluded that the ordinance was correct and the setback should be maintained and then acted on denial of the variance. The structure is a masonry grill work extending about ten feet wide and four feet from the house, just below the roof. REPORT RE APPEAL (Denial of Variance - 763 El Caminito John Mixon) The Council discussed the matter after which a motion was made by Councilman Miller to table the matter and that no action be taken against or in favor of the violation until a draft of the ordinance regulating setbacks is presented to the Council from the Planning Commission; then the Planning Commission and Council will act to see if the new ordinance make the structure conforming. It may be that this installation can be one of the examples used in formulat- ing the policy. The motion was seconded by Councilman Taylor, who commented he had noticed a lot of front yards lately, and there are many varied and attractive treatments of front yards - noneof which are the same as when the developer built the house, and he felt it made it a very attractive City, and urged that the Planning Commission very carefully consider the ordinance. After further discussion on the matter, a vote was taken on the motion and it passed by the following vote: AYES: NOES: Councilmen Miller, Taylor, Uthe and Mayor Marguth Councilman Silva Councilman Silva commented that we should not take into considera- tion aesthetics alone in this matter. * * * The City Manager reported that a regulation Little League baseball field is proposed for construction on the Rincon Avenue School site. Most of the materials have been contributed, but there are some costs that will have to be borne by the Little League Committee, and a request has been received for a contribution from the City in the amount of $1,000. REPORT RE LITTLE LEAGUE FIELD Mr. Smith, representing the Little League Committee explained the land acquisition, and introduced Mr. Ted Graver and Mr. Ernie Alfred, co-chairmen of the ball diamond. Mr. Graver of 1273 Juniper Street, stated he wanted to give the Council an opportunity to participate in this worthwhile project as there has been no official ball park here for the past eleven years, and the boys have had to travel to other communities for Little League play. Their goal is to be independent and not have to go to the Recreation District; however, the Recreation District has provided the water line to the park, but no capital to work with. Mr. Graver listed all the things they needed, however in the course of discussion it was brought out that this would be for the National Little League only, and Councilman Silva stated they would then feel obligated to donate a like amount to the other League in the City. Mayor Marguth asked why the only place in town they were able to build a Little League ball diamond is on school property, and of what benefit it is to the School District to have it on school property. CM-22-380 April 6, 1970 Mr. Graver replied there were two benefits - the School District is also in financial diffi- culty, and they will develop the property on the back side of the school; also it will do something beautification of the City, and the school will be use the ball diamond. (Little League Field for the able to Councilman Taylor suggested that since the LARPD District and the City work on an equal basis on parks, and since this is a worthwhile project that the City might help by offering services and perhaps donate up to $500, which is half of the request, and that LARPD consider the same amount. Mayor Marguth stated he would prefer to authorize the City Manager to work with the people, and allow an appropriation of up to $1000 including in kind services, such as staff assistance, trees, shrubs, etc. Councilman Silva made a motion, seconded by Mayor Marguth, to contribute $1000 or in kind services, and Mr. Parness suggested that this be subject to resolving all legal entanglements, if any, that there might be. Councilman Uthe stated he could not support such a motion because so many times the City Council is criticized for overstepping the bounds of government, and felt this is a field of organized recreation which is not the responsibility of the City Council by way of an agreement they have with the Recreation District. Councilman Uthe suggested they endorse the program, but call a meeting with LARPD to determine who is going to pay for it or what part of it. If LARPD chooses not to, at least have them present if the Council decides to contribute to the program, and Councilman Miller supported the argument presented by Councilman Uthe. Mr. Joe Bradshaw, representative of District 57 of Little League, stated the Recreation Department built four diamonds at Junction Avenue, three at Sonoma Avenue and four at Michell School, which are baseball diamonds to be used in lieu of having Little League diamonds, and he felt the Recreation Department had done a lot, but he favored having a joint meeting with LARPD and wished to attend to state their views. A vote was then taken on the motion to contribute $1000 cash or in kind services, with the City Attorney and staff handling the details so there are no problems, and the motion passed by the following vote: AYES: NOES: Councilmen Silva, Taylor and Mayor Marguth Councilmen Uthe and Miller * * * Public Works Director Daniel Lee submitted a report in reply to a problem presented by the Council re the north-south traffic on L Street, explaining the inconvenience to those proceed- ing north on L Street having to wait for some- one making a left-hand turn. He stated the abutting properties would be inconvenienced if the curbs were painted red and parking eliminated, and he did not feel that the traffic warranted a change at present. REPORT RE INTER- SECTION (4th and So. L Streets) Councilman Silva made a motion to request the staff to submit a minimum red zone arrangement, so there is not a f1right turn onlyf1 in the right hand lane and to inform the property owners at the time the Council discusses it. The motion was seconded by Mayor Marguth, and after some discussion carried unanimously. CM-22-381 April 6, 1970 REPORT RE EAST AVENUE WATER LINE EXTENSION the waterline a well in the The City Manager submitted a report re the provlslon of water services to the industrial tract near Vasco Road. Some time ago the Council instructed the staff to study the feasibility of extending the water transmission line easterly from the Wagoner Farms development along East Avenue to connect with on Research Drive, which is presently connected to vicinity. Recent subdivisions in Wagoner Farms development will provide im- provements on East Avenue including the water main construction to the east boundary of the development and the developer has agreed to extend the offsite waterline to Research Drive as part of the improvements for his tract with City reimbursement for the exact amount of his expense. This should be substantially less than the cost if the project was done independently and is estimated to be $15,050 of which approximately $3360 will be the responsibility of the Research Industrial Park Developer and $11,690 will be at the City's expense. It is recommended that the Council authorize the installation of the waterline extension under the conditions outlined. Councilman Uthe asked what happened to the public sewer on private property, and Mr. Parness felt it was just a matter of the property gaining service, as it is technically not our sewer. Mr. Lewis stated it was a problem that will have to be resolved, but probably not tonight; it is a separate problem and involves separate utilities. Mr. Parness stated that this waterline matter may resolve the sewer line problem. Councilman Uthe stated that Mr. Bobson was before the Council at one time when the issue was discussed, and the possibility of a trade was mentioned, wherein he would grant to the City the dedication of the sewer line with all the easements and the City would participate in the waterline extension, and asked if there was this possibility. Mr. Parness explained that he had a succeeding interest that has worked very closely with the City on the waterline frontage, which has all been resolved, and we are contracted with that party to do this, and this installation will be to their satisfaction. When it is all in Mr. Bobson will be completely satisfied, and the ease- ment of the sewer line matter may be cleared up. In the interin it is not a problem of the City. Mayor Marguth stated that his company is a lessee on this property and for that reason he would abstain from voting on the issue. Mr. Lewis advised Mayor Marguth that he was just a lessee on a portion of the premises which is located on a larger parcel, so his interest would be rather remote. A motion was made by Councilman Silva, seconded by Councilman Uthe, to authorize the City's financial participation in the project as recommended by the staff, and the motion carried 4 to 0 with Mayor Marguth abstaining. * * * REPORT RE PORTOLA AVE. ANNEX NO. 4 Mr. Parness reported re Portola Avenue Annex No.4, stating that this matter has grown to be a very im- portant project for the staff, and asked the Council to recall the many obstacles and concern relative to this property, which comprises about 400 acres. At the time the application was made to the City for annexation it was represented to the City that all of the property was under one ownership or was in the process of coming under one ownership, and the balance of the properties were very favorably inclined to having it annexed to the City because they were seeking development as well, so the City proceeded with all the annexation matters. About this CM-22-382 April 6, 1970 time there was much counter discussion with the Council and back with the clients on new annexation policies and contract terms, etc., and finally the agreement was executed and the staff proceeded with other matters related to this and the agreement was executed and eventually the ordinance drafted, presented to the Council and had its first reading. Upon re- searching the property and the annexation agreements and their coverage, the staff found that the coverage of those agreements only pertains to the one area (owned by a trustee - Wells Fargo Bank). Mr. Parness stated that this was inadvertency on the part of the City and also on the part of the representative of the original applicant, Wells Fargo Trust Company and the eastern property ownerships. They assumed it was known to the staff, and the staff assumed it was all tied together under contractual terms. Over the past several weeks the staff has diligently been seeking the execution of the remaining balance of the annexation agreements. The owner of one portion is about to submit planning matters for consideration, and they have been told that there should not be a delay as they are about to ask for a hearing on the zoning of the land once the annexation has been condluded. The only thing yet remaining is the second reading of the ordi- nance and certification of it by the state. (Portola Avenue Annex No.4 Cont'd) Mr. Parness advised there were several courses of action the Council could take - one would be to deny the passage of the ordinance, which he did not feel would be appropriate; another would be to delay the passage and the second reading to allow the staff time to get the agreements in, which should be within the next ten days. The other course, which the City Attorney advises is a process, but new to him, is a de-annexation pro- cedure whereby the entire piece can proceed in the event the Council elects so to do later, and with the approval of LAFCO, a portion of this can be annexed. Mr. Parness continued that it is the staff's recommendation that they be allowed to proceed with all due dispatch and attempt to get the properties contained within an agreement at the earliest possible time. A motion was made by Councilman Miller to accept the City Manager's recommendation and to allow time to proceed to get the necessary contractual agreements, which was seconded by Councilman Uthe and passed unanimously. * * * Report was submitted by the Planning Commission on the proposed zoning ordinance amendments re signs. A public hearing will be set for May 11. PROPOSED ORDINANCE AMENDMENTS RE SIGNS (Section 21. 70) * * * Mr. George Musso prepared a memo for the Council regarding the enforcement, or lack of enforce- ment, of the ordinance regarding political signs. He stated there had been many violations, inad- vertent on the part of the candidates, by pro- perty owners. The City personnel are removing those signs placed on public property, but do not have the time available to remove all violations from private property. MATTERS INITIATED BY STAFF (Enforcement of Ordinance re Signs) Councilman Silva said he felt that the sign ordinance should be amended regarding political signs as under the present ordinance a property owner can only have one sign, yet there are three Council positions. Councilman Taylor agreed with Councilman Silva since these signs remain for only about thirty days. He felt that anything which CM-22-383 April 6, 1970 (Signs Cont'd) makes the public aware of the political processes is beneficial and the ordinance should allow the number of signs appropriate to the positions open in any election. The City Attorney stated there had been much controversy when the sign ordinance was adopted in 1966. Since that time other cities have adopted similar ordinances as the trend is to try to reasonably control the number of signs. The staff was directed to prepare a draft recommendation for revision of the ordinance regarding politi- cal signs. * * * (Street Lights The Director of Public Works reported that the street Rincon School) lights in front of Rincon School will be up in one to three weeks. PG&E is working on this matter and it should be completed within that time span. (Transcript of LDC Hearings) * * * Mr. Parness reported to the Council that a portion of the transcription of the proceedings at the LDC hear- ings had been completed by the court reporter present at the hearings. If the remainder of the transcrip- tion was not done by him, the work would have to be completed by City personnel and the transcription can be done by the reporter for a maximum of $350.00. The City Clerk stated that it was necessary to have a written record of the proceedings for inclusion in the minutes. Councilman Uthe suggested that since a court reporter had been present at the meetings, that he be allowed to proceed with the transcription so that the testimony and proceedings would be legal and binding in a court of law. Councilman Uthe made a motion to authorize the staff to have the court reporter complete the transcription and to authorize the expenditure of a maximum of $350.00 for this work. The motion was seconded by Mayor Marguth and approved unanimously. Councilman Taylor felt it should be pointed out that all plans for the Livermore Development Assessment District had been dropped and legal action was taken to terminate the plan. MATTERS INITIATED BY COUNCIL (Exempt Business License - Rodeo Ass'n.) * * * Referring to an exempt business license that was in- cluded in the consent calendar, Councilman Miller stated that inasmuch as the Rodeo Association acti- vities accrue revenue above operating costs, and the proceeds are for use by the association, this item should be discussed. In answer to a question by Councilman Silva, Mr. Parness stated that the cost of a license for the carnival portion of the activities would be about $100 per day. Councilman Silva felt this would reduce the profit of the Rodeo Association by a like amount, and the Rodeo's funds are not expended for personal enjoyment of members. After some discussion the Council felt that it was not necessary for the Rodeo Association to apply for a business license and the exempt permit was granted. (Planning Commission Appointments) * * * Councilman Taylor said he wished to discuss the manner in which appointments are presently made to the Planning Commission. He suggested that the Council initiate a new procedure whereby the vacancy be declared open and interviews conducted so that the selection pro- cess would be more open to the public, and the names of interested CM-22-384 April 6, 1970 (Appointments Continued) people could be submitted to the City Clerk. Councilman Taylor made a motion to discontinue discussion on Planning Commission appointments and to recommend to the next Council that the process be through solicitation of applicants and the interview process, and the motion was seconded by Councilman Miller. Councilman Silva stated he suggested the interview of potential applicants about two years ago, but that after trying this pro- cedure he had felt it was not successful. It would be embarrass- ing to the Council and applicants to discuss qualifications of applicants before the public. Mayor Marguth was opposed also to interviewing applicants publicly and then making a selection. Under the present system any appli- cant can talk personally to the Councilmen, and he felt this was better. Councilman Uthe felt that this had been tried unsuccessfully many times before. He felt it would never work, but in each political campaign it is brought up and he was not opposed to trying it again. The motion passed by the following vote: AYES: Councilmen Miller, Taylor and Uthe NOES: Councilman Silva and Mayor Marguth * * * It was the decision of the Council not to have a meeting on Monday, April 20, 1970. There will be a meeting on Tuesday, April 21, for canvass of the returns of the municipal election and seating of the newly elected councilmen. * * * Councilman Silva stated that he the new Del Valle Parksite and directional signs are needed. directed to request the County place signs for this purpose. had visited felt that The staff was and State to * * * The item relating to Larkspur Drive as a second access to the Proud Homes development was removed from the consent calendar for dis- cussion at this time. (Council Meeting - April 20) (Del Valle Park) Larkspur Drive Access to Proud Home s Mr. Musso explained that the original application provided that after the first 100 units had been constructed the Council re- served the right to require access through either Springtown Blvd. or Larkspur Drive. Mr. Lee reported that Unit 1, the first subdivision, has been built and completed; the second subdivision is bonded and the public works improvements are being completed now. The second access on Larkspur Drive is not included; however, an access for a paved two-lane road to Hartford Drive is being constructed with the second unit. A condition of the third and fourth ~entative tract maps is that a second access be required, either through Larkspur Drive or Springtown Blvd. This, in effect, altered the conditions of the PUD, which stated that after 100 homes the access through Larkspur Drive would have to be built. At this time the second access is not bonded and the third and fourth tentative tracts have expired. There is no way now that the access can be required until they decide to begin further development. CM-22-38S April 6, 1970 Mayor Marguth said he did not want any access from the subdivision to the back road except for tem- porary construction purposes as North Livermore Avenue is not designed to carry the traffic from this subdivision. Mr. Lee stated he did not feel this subdivision would overtax Hartford Road or Livermore Avenue, but would be a good second access. (Access to Proud Homes Continued) The staff was directed to research the matter and prior discussion by the Council in order to clarify previous action on this matter. * * * Councilman Miller stated that he felt the three businessmen on the Council, who had prevented his reading of a contract under discussion the previous week, had done him a disservice by their refusing his request for a businesslike look at the contract involved. On previous occasions when they had begrudged his requests to look over contracts under discussion, he had found errors, failure to collect interest and an undisclosed four-year extension of the Wagoner Farms PUD permit which resulted in a park in the area. (Reading of contracts) Councilman Miller said he believed this was an extremely discour- teous action by three members of the Council in preventing one Councilman from carrying out his duty as an elected official. Councilman Silva stated that after receiving his agenda, Council- man Miller had an opportunity to contact the staff for a copy of the contract. The Council must rely to a certain extent on the staff. * * * ADJOURNMENT ATTEST There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. APPROVE City Clerk Llvermore, California * * * Regular Meeting of April 13, 1970 A regular meeting of the City Council was held on Monday, April 13, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. * * * ROLL CALL PRESENT: Councilmen Miller, Silva, Taylor and Mayor Marguth ABSENT: Councilman Uthe * * * CM-22-386 April 13, 1970 Pat Palmeri, 958 El Rancho Drive, stated she had read in the paper where the Council had declared April 22nd as bicycle day at the request of the Girl Scouts and in conjunction with "Earth Day. She felt that this was too good an idea to be commemorated once a year and suggested that there be either a weekly or monthly bicycle day in Livermore, and she had discussed this with Dr. Watson who said he would help to promote such an idea. * * * CONSENT CALENDAR OPEN FORUM (Bicycle Day) Report re PUD No.14 (Proud Homes) Public Works Director Daniel J. Lee submitted a detailed report on Proud Homes PUD No. 14 and the Larkspur Drive extension as directed by the City Council. This report listed dates that various actions were taken relative to the PUD and included excerpts of prior Council minutes, which last action by the Council on January 12, 1970, indicates an extension of time for sixty days granted for Tracts 3043 and 3044, which time has sub- sequently expired. * * * A resolution was received from the Environmental Quality Study Council which indicated that at a public hearing held on March 7, 1970, it was determined that the Livermore-Amador Valley has the most serious air pollution problem in the Bay Area. A portion of the air pollution originates in the Counties of Napa, Solano and Sonoma, and they would urge that appropriate legislative action be taken to enable the Bay Area Air Pollution Control District to exercise its powers in these other counties. * * * Environmental Quality Study Council Resolutions were received from the Board of Supervisors re boundary description and intent to establish one judicial district comprising the present Livermore and Pleasanton Judicial Dis- trict except any portion which is within the corporate limits of the City of Pleasanton as the Murray Municipal Court District. * * * Resolution re Murray Municipal Court District RESOLUTION NO. 55-70 Canvass of Votes General Municipal Election RESOLUTION ORDERING THE CITY CLERK TO CANVASS VOTES CAST AT THE GENERAL MUNICIPAL ELECTION TO BE HELD AND CONDUCTED APRIL 14, 1970 * * * Although there is a policy of the City Council to limit the service to two terms of the mem- bers of the Housing Authority, the Council felt this was an extraordinary situation, and asked Mr. Davison to serve at least until such time as the new housing project is underway. RESOLUTION NO. 56-70 APPOINTMENT OF MEMBER TO THE HOUSING AUTHORITY (Warren Davison) * * * Appointment - Housing Authority Member CM-22-387 April13, 1970 Report re 1969-70 Fiscal Audit Exempt Busi- ness Licenses Payroll and Claims Approval of Consent Calendar In accordance with the annual practice a copy of the audit of the City's financial affairs for the 1968-69 fiscal year which had been prepared by an independent certified public accountant was submitted to the Council for filing. * * * Exempt business licenses were approved for the following: American Field Service - dinner on April 28 Beth Emek Sisterhood - bazaar - May 7, Dania Hall C.S.E.A. - California School Employees' Assn. scholarship breakfast for high school students Cub Scout Pack 930 - carnival on April 25 Eden Colts Jr. Mounted Drill Team, Inc. - sale of hot dogs and cokes at Livermore Arena on April 25-26 * * * One hundred thirty-six claims in the amount of $103,596.78 and two hundred thirty-nine payroll warrants in the amount of $70,197.42, dated April 8, 1970, were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Silva, seconded by Council- man Miller, the items on the consent calendar were approved unanimously. ,Councilman Silva abstained from voting on Warrant No. 6871 for the usual reasons. * * * The Planning Director reported that three proposals had been considered as outlined in the report from the Landscape Designer. Mrs. Margaret Tracy, reporting for the Beautification Committee, stated that the Committee has been looking for a type of sign with a community identity to be located within the City limits. The signs could be located on east First Street by the Los Positas Arroyo and on Holmes Street south of Concannon Blvd. in the triangle where the road curves. A third area, suggested was the triangle at Portola Avenue and the in- terchange with Highway 580 on the northwest side of town when this area becomes available. CITY ENTRY SIGNS Mrs. Tracy stated that the design which was approved unanimously by the Beautification Committee was submitted by Randy Schlientz, representing the Chamber of Commerce. The design includes a circu- lar wall six feet high, 42 feet long, with a pole structure and trellis arrangement of treated green stained telephone poles, 19, 20 and 21 feet high and a circular fountain with a wall two feet high and 20 feet in diameter. Cost estimates could approximate $1,000 for the pole structure and trellis, $1,000 for the wall of slump stone, $3,000 to $4,000 for the fountain, plus landscaping and contingencies for each unit. The vertical poles would have a place for service signs, a communitywide effort involving the ser- vice clubs might aid in financing these structures. The Beautifi- cation Committee was submitting the design concept for approval by the City Council and also budget consideration. Mr. Parness said he thought the design was attractive, but recommended that the matter be referred to the staff for study and consideration of all aspects, particularly landscaping and financing, so that all these matters can be considered by the Council in making their de- cision. CM-22-388 Councilman Silva asked if the Chamber of Com- merce would be willing to participate in this project, and it was stated the Chamber would probably be able to participate to some degree. April 13, 1970 (City Entry Signs Continued) Mrs. Tracy said that one suggestion to reduce the cost at present would be to feature seasonal flowers in the circular portion with the fountain built at a later date. Councilman Miller stated that a portion of the budget is set aside for beautification matters. If the City were to propose matching funds with the service clubs, the cost would be rela- tively small. Perhaps one sign could be constructed each of the next three years, and they would be an asset for the City entrances. The staff was directed to consider the different possibilities of financing the project and present a schedule for construction of the signs. * * * The Public Works Director reported that Tract 2726 is located in the Sunset development area. A delay of one year is requested in the comple- tion of the public works improvements. The delay would not adversely affect the City and it that the delay be granted. TRACT 2726 (Sunset Development Company) was recommended Councilman Miller made a motion to adopt the staff recommenda- tion to allow a one year delay in the completion of the public works improvements, and the motion was seconded by Councilman Taylor and approved unanimously. * * * The Public Works Director reported that Windsor Equity, Inc. has asked for placement of three directional tract signs north of Highway 580. In accordance with the Council's policy regard- ing directional tract signs, they are to be located only at intersections of major streets. At the present time there are no such intersections north of the highway; considering the peculiar conditions that exist in that area, he felt that it would be reasonable to allow an encroachment permit for signs at the northwest corner of Vasco Road and Crestmont Ave., north- east corner of Heather Lane and Bluebell Drive, and the northeast corner of Ivy Way and Springtown Blvd. In view of the Council's policy of a one year limit on sign permits, it would be reason- able to allow this request for a one year permit inasmuch as Windsor Equity is now building in the area. SIGN VARIANCE (Windsor Equity) Councilman Silva made a motion to accept the recommendation of the Public Works Director to allow the signs at the designated sites under a one year permit, seconded by Councilman Taylor, and it was approved unanimously. * * * The City Manager reported that for several months the staff had been preparing a variety of projects associated with public works con- tained in the 1969-70 budget, including streets, some nominal channelization projects, traffic signalization, and storm drains. These projects are now ready for solicitation of competitive bidding. They constitute an expenditure of $700,000 which will be financed from special purpose funds and contained within the present year's budget. Mr. Parness stated that this expenditure would not consume the total gas tax appropriation or amount available for the current fiscal year. PUBLIC WORKS IMPROVEMENTS PROGRAM CM-22-389 April 13, 1970 (Public Works Improvements Program Continued) Councilman Silva asked what effect a one month delay in approval by the Council would have as he felt the new Council should consider this expenditure. Mr. Parness stated that it would cause a month's loss in the construction season and costs are escalating. The program was approved by the present Council last summer. Mr. Lee stated that it is late in the season for bidding work, better bids would be attracted the earlier they are called for and a delay of a month might be quite serious. It might be mid-summer before the contractor could get to work. Mr. Lewis stated that bids are worded in such a way that any or all may be rejected, and each item is handled on an individual basis. The new Council could delete any project they felt was excessive. Mr. Lee commented on Item B-b, the intersection at S Street and Holmes street. So far the design of the island has not been worked out with the adjacent property owners, and approval was requested with the provision that the matter will be further reviewed by the Council as to the layout of the island. Councilman Taylor questioned the design for the intersection of 4th and Madeira Way, and Mr. Lee displayed the proposed plan for the intersection, indicating that the school district does not yet have the funds for public works improvements in the area, but they will dedicate the additional right-of-way needed. Curbs and gutters will be installed as part of the project and the sidewalk area graded, but the school district is not presently financially able to pay for the sidewalks. This project also includes reconstruction of 4th Street. Mr. Lee also reported that an island is proposed at the intersection of South Livermore Avenue and the library property, which will elim- inate some of the confusion at this point. The cost given for the intersection of Hillcrest-East Avenue includes the traffic signals as well as the construction of the island and acquisition of right-of-way to widen the street. Councilman Taylor also questioned the reason for resurfacing El Caminito since it is fairly new. It was pointed out that this street was originally designated as a collector street, and the truck traffic to new subdivisions in the area was very heavy. A load limit has been placed on the street but there has been some damage. On motion of Councilman Miller, seconded by Councilman Silva, and by unanimous vote the staff report was accepted and the staff directed to proceed with the bid solicitation. * * * REPORT RE SOUTH BAY SEWAGE DISCHARGE COMMITTEE A report had been submitted by the City Manager re- garding the South Bay Sewage Discharge Committee. In summary, Mr. Parness stated that the essence of the report prepared by the Engineers and Public Works Directors of the jurisdictions involved is the result of an indictment on the part of the Regional Water Control Board directed to the cities located in the South Bay; however, it is conceivable that in time our City may become contributary to a master sewage interceptor system servicing the south bay area and our City; therefore, it is logical for our City to take part in the initial planning of this program. Nothing in this report or the resolution would allege that we are assuming any liability or responsibility that is primarily directed to the other cities involved. Our responsibilities to the State plan have been satisfied; however, the day may come when there may have to be another master system designed and used by us. CM-22-390 April 13, 1970 Councilman Silva stated that the Valley Planning Committee has discussed this and will study it in greater detail at a later date and felt the City should wait to see what their recommendation (South Bay Sewage Continued) is. Mr. Parness stated that the Regional Water Pollution Control Board insists on a statement from the South Bay Study Committee at its meeting on April 23. Councilman Silva and Taylor expressed reluctance to endorse any action in connection with this Committee. Mayor Marguth said he felt the City of Livermore had a lot to contribute through its staff to the study, and secondly, the City of Livermore, by participating in the study will be totally aware of the activities and may provide some leadership for a sound program. Mayor Marguth made a motion to accept the recommendation and adopt the resolution as presented, however this motion did not receive a second. Mr. Lee explained that the City had been urged by Mr. Walsh, coordinator for the South Bay study, to participate; reluctance to do so might be misinterpreted by the Regional Board as lack of interest in the program. One of the things this study will do is ask the Board to get more information before making its decisions and requirements for the involved jurisdictions. Councilman Miller stated he could not support the resolution particularly because of the item on page 7, regarding punitive action. He felt that if there is a water pollution problem and the studies have not been finished, then pollution should be stopped until they are complete and solutions found, and he could not agree with the policy statement. To provide adequate sewage will cost many millions of dollars. The time to stop pollution is now, and then talk about how to solve it. Councilman Taylor made a motion to adopt the proposed resolution but to delete paragraph 5, page 7; the motion was seconded by Councilman Miller. After further discussion, Councilman Silva made a motion to amend the main motion by retaining the first sentence in paragraph 5, as part of the resolution, seconded by Councilman Taylor, and the motion to amend was approved by the following vote: AYES: Councilmen Silva, Taylor and Mayor Marguth NOES: Councilman Miller ABSENT: Councilman Uthe The main motion, as amended was then approved by the following vote: AYES: Councilmen Silva, Taylor and Mayor Marguth NOES: Councilman Miller ABSENT: Councilman Uthe RESOLUTION NO. 57-70 RESOLUTION ENDORSING AND SUPPORTING STATEMENT OF POSITION OF SOUTH BAY SEWAGE DISCHARGERS TO THE SAN FRANCISCO BAY REGIONAL QUALITY CONTROL BOARD * * * A report on AB 1271 by the City Attorney had been submitted to the Council. Mayor Marguth stated the Council would prefer that Mr. Lewis work with Assemblyman Bee and the Department of Education in Drafting amendments which would overcome objections. REPORT RE AB 1271 (Providing School Sites) CM-22-391 April 13, 1970 (AB 1271 Cont'd) REPORTS FROM PLANNING COMMISSION (CUP-Intermark Investing) (Rezoning - T.J. Green) (Re zoning - Sunset Dev. Co.) SUMMARY - PLANNING COMMISSION ACTION MATTERS INITIATED BY COUNCIL (Mobilehome Parks) ADJOURNMENT CM-22-392 L- Mr. Lewis said he planned to appear, along with other members of the community who can provide testimony, before the Local Government Committee. A re-draft will be made of the section criticized by the Department of Education. * * * On motion of Councilman Taylor, seconded by Councilman Miller, and approved unanimously, public hearings were set for the following matters: Intermark Investing Co. has applied for a Conditional Use Permit to allow mobilehome park on the north side of U.S. 580, easterly of Las Flores Road. A public hearing on this matter was set for May 11. A request for rezoning from RS-5 to RG-12 District for a site located at 5682 East Avenue, just easter- ly of the Wagoner Farms area, has been made by T. J. Green. Public hearing was set for May 4, 1970. A rezoning request from Rs-4 to RG-16 District for the area on the northeast corner of Concannon Blvd. and Holmes Street has been made by Sunset Develop- ment Company. Public hearing was set for May 11. * * * The summary of Planning Commission action of its meeting of April 7, 1970, was acknowledged by the Council. * * * COUNCILMAN UTHE ARRIVED AT THIS TIME * * * Councilman Silva felt that mobilehome parks should be designated in some manner in our planning area, possibly in certain areas known prior to applications for such use. After discussion the Council decided to include this item in the study session agenda for the new Council. * * * There being no further business to come before the Council, the meeting adjourned at 9:15 p.m. until 7:30 p.m. on Tuesday, April 21, 1970. APPROVE ATTEST Regular Adjourned Meeting of April 21~ 1970 A regular adjourned meeting of the City Council was held on Tuesday~ April 21~ 1970, in the Justice Court Chambers~ 39 South Livermore Avenue. The meeting was called to order at 7:30 p.m. * -* * PRESENT: Councilmen rfJi 11 e r , Silva~ Taylor, Uthe ROLL CALL and IVlayor Marguth ABSENT: None -l(- * ~(, The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. PLEDG:2 OF ALLEGIAITCE * * -)(- On motion of Councilman Miller~ seconded by Councilman Silva~ the minutes of the meetin~of March 16~ 17~ 21 and 30~ 1970~ were approved as submitted. f/]INUTES * * -l(- The City Clerk reported on the canvass of votes~ both absentee ballots and the precinct votes~ as indicated on the copy of the resolution presented to each Councilman. CArN ASS OF VOTES (Municipal Election) The resolution of canvass was then introduced by Councilman Uthe~ seconded by Councilman Silva~ and passed unanimously. RESOLUTION NO. 58-70 RESOLUTION ACCEPTING CAr-.TVASS OF VOTES AT THE GENERAL MUNICIPAL ELECTION OF APRIL l~~ 1970 WHEREAS, a general municipal election was held and con- ducted in the City of Livermore, on Tuesday~ the 14th day of April~ 1970~ as required by law; and WHEREAS~ by Resolution No. 55-70 the City Clerk was ordered to canvass the results of said election and certify the same to this Council; and WHEREAS~ it appears that notice of said election was duly and legally given, that voting precincts were properly established~ that election ofrjeers ..ere appointed and election supplies fur- nished~ and that in all respects s2id election was held and con- ducted 2nd the votes cast thereat received and canvassed~ and the returns thereof, made and declared in time, form and manner GiS required by the general laws of the state of California governing election in General Law Cities; and WHEREAS~ the Council of said City of Livermore met at the Council Chambers thereof on Tuesday~ the 21st day of April, 1970~ to receive the canvass of the returns of said election from the City Clerk and install the newly elected officers~ and having can- vassed said returns~ the Council finds that the number of votes cast~ the names of the persons voted for and other matters required by law~ to be as hereinafter stated. NOW, THEREFORE~ BE IT RESOLVED, DETERMINED, AND DECLARED AS FOLLOWS: That said regular general municipal election was held and conducted in the City of Livermore~ on Tuesday~ the 14th day of CM-23-1 April 21, 1970 April, 1970, in time, form and manner as required by law; and BE IT FURTHER RESOLVED, DETERMINED AND DECLARED, that there were sixteen (16) voting precincts established for the purpose of holding said election, consisting of a consolidation of the regular election precincts established for holding the last general State and County election as follows: Consolidated voting precinct "A" comprising State and County precincts numbered Livermore 30180, 30181. Consolidated voting precinct I1BI1, comprising State and County precinct numbered Livermore 30182. Consolidated voting precinct 'lCI1, comprlslng State and County precincts numbered Livermore 30150, 30170. Consolidated voting precinct I1D", comprising State and County precincts numbered Livermore 30160, 30190, 30191. Consolidated voting precinct I1EI1, comprising State and County precincts numbered 30140, 30200. Consolidated voting precinct I1FI1, comprlslng State and County precincts numbered Livermore 30110, 30130. Consolidated voting precinct "G'l, comprising State and County precincts numbered Livermore 30100, 30120. Consolidated voting precinct I1HI1, comprising State and County precinct numbered Livermore 30030. Consolidated voting precinct "I 11, comprising State and County precincts numbered Livermore 30060, 30090, 30091. Consolidated voting precinct I1JI1, c ompri sing State and County precincts numbered Livermore 30040, 30050. Consolidated voting precinct ilK 11 , comprising State and County precincts numbered Livermore 30070, 30080. Consolidated voting precinct liLli, comprising State and County precincts numbered Livermore 30210, 30230, 30220. Consolidated voting precinct "MI1, comprising State and County precincts numbered Livermore 30270, 30250, 30240. Consolidated voting precinct "NI1 , comprising State and County precincts numbered Livermore 30260, 30271, 30280. Consolidated voting precinct "0", comprising State and County precinct numbered Livermore 30272. Consolidated voting precinct "pl1, comprising State and County precincts numbered Livermore 30010, 30011, 30020. That the whole number of votes cast in said City of Livermore was 7,989; and BE IT FURTHER RESOLVED, DETERMINED AND DECLARED, that the names of the persons voted for, the offices for which they were voted, together with the whole number of votes which they received in the entire Cit~ of Livermore, are as shown on the attached, marked Exhibit I1A'. CM-23-2 I STATEMENT OF ALL VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD APRIL 14 , 19-1Q. IN CITY OF LIVERMORE STATE OF CALIFORNIA (When the City Clerk makes the Official Canvass, he must fill out Certificate on back page.) EXHiBIT HAl' 1 STATEMENT OF ALL VOTES CAST AT THE FOR THE OFFICE OF CITY COUNCILMAN ONLY ~ -4- en ~ z: ~, ::r: u 01 f:i1, f:i1 0 ..... H r:q ~ E-i 8: :>-J f:i1 ~ P L&. c::r; f:i1 f:i1 ~ Q E-i r:q P . ..... r:q. c::r; . .... '1' ::r: r::l ~ f:i1i c::r; I i ~ ~ f:i1 -' f:i1 H f:i1 H H C r::l H ~ ::r: H ~ IE):>-J u ::r: U H U .... H f:i1 0 ~ H c::r; SONOMA AVE. SCHOOL A 534!1 25;~1 ~ ~ . 1:S 6: 374 ALICE WAY B 246 114, . 104 j 23 .127. 95 36 JOE MICHELL SCHOOL C 470 227. 221 29 222 182 43 MENDENHALL SCHOOL D 702 379, , 299 I 54 .370. ..255 . 44 310 SOUTH S STREET E560..gS.6~ ...2.48.. .17.. .~69. ...211 39.._ FIFTH STREET SCHOOL F 479 125. , 321; 20 . 90. , 269. I 45. RECREATION CENTER G 433 150, 275; 23. 1114. ',205 36 1396 JULIET COURT H 424 266 119 14 256. 140 30 . 840 JENSEN STREET '644 326. 269, 33 1309, . 233 , 42'1 JACKSON AYE. SGHQQLH._.J_5l-1~29l...____...208-l___~J_4_~__---2B.8~_____.l41. _ m.._33+_.___ 3866 PESTANA WAY K 483 191, 241 30 . 175, .185 65,. JUNCTION AVE. SCHOOL L 607 257. .265, 28 .237, 232 , 78 1695 ELM STREET M 521 181 ,233, 49 . 160 i ,208, 99 MARYLIN AVE. SCHOOL N 487 143, .200 38 145, .,148. : 132 ' 533 DOVEBWAX .._.__. ___. _____. _._ _. _'!.___ 25SJ 2 J--f-- ___ _11L__~e__.1.3.S ---.-.:-:tQ:I,-..----L.?..9-lr- ____. 1389 BLUEBELL DR. P 534 181 246 47 ,190: 230 ! 84 ELECTION PRECINCTS U2 ~ H ~ f:i1 I-:J U) P-. H H H H ::r: P-. TOTALS Q R S T .. --- ---.----....--------+---------. --_...........--._-----~._._.._--+-----+---~--_..... A 7989 3515, 3630, 476 ! B C D E 99 48, I 50: 6 , 42 36. 12 ABSENTEES I --~-------- .._----4.___...__~-----_-.----_---.-..-.. -. f390; i ' $056. Ii .' :904 ., .'. .--'-.+.------r-~--.,--._--.---- I F G H , J -+--.-------- ----- .-.---.---.-.--.--..----- -------..,-.-.-...- K L M N o .-. ------- ----- ----~.._--_.-------- P...-." __.- __.__.____......_. ._______..___..._._.__.__ ___---...-. ___._.___-___.__________ P Q R S T .--;- ~-- --<rc,,- ..-;-~. -r -. -t-.. --,.- --.. -r--. -. . GENERAL MUNICIPAL 1 ELECTION HELD APRIL 14 , 19 70 r::1 p::; ;r; u E-J H p::; p., . <e: E-J p::; I::il p::j o p::; U) p::; ~ E-J ~ p::; E-J U) ~ <e: H H H H :Sl I 971 34, 63, 115, .. lOT 51, 54, 71, 108 -'1-6>-. 73. 98, 83, 72; ___~__53~ I 95, 12; _.n_ __ ._"_ ~ o U) Ul <e: p., ~ ~ o 0 ::r:: ::r:: E-J E-J . ~ s ~ o. r::1. I 901 57. 67. 93. _90; 66i 601 51! 59: . --__._62 90. 105. 128~ 166, 4' ._.__.~~ 122, 15~ D E __ .~.__________ ,. ~~___.._ .___ ___.. ._.. __.........__. ....._._.._. ._.m'__ _.___ ___+. _ F G H A .227 s 83 c 209 D262 _E_ ..259-+ F 335 I G 281 H 149 , 285 ...._~~Ei6 ., K 277 L 321 M285 N 276 , 0' 4: __mOo -------.".1.t p 317 ; Q R 40 s T . . . .,..._.____.___.__.._.____.._______ _.._+-___ __.___._._______.+-______.._ _._ n__._ ~__..___ ___-______________________-____._______________..____-+__________u_ ___.._____..__ -j'-' ___.,_ _____._. A 3886; 1262, 1366j 735; s c J ,.._ __'..________ ,.___ '0 _ K L M N ~------ . o p Q R - S T . ::r:: ~ I::il p::; p::; ~I 55! 31. 29, 77: ..41. 30, 28, , 33. 64 I I -I 1 =i I , I ! i . I I I -, --...---.-5.5.--.--.. t-.----.--.---.-L ....---.....--. ~.--. 39. 47. 54; ! . 79. i ....-...-31-r-.---- ,----.____.. 37. 5: -_.~._._-~-----_.---._-_." - .--. 0'-----. __ '.,.___.., .__,___~.__ ._.______ ......._.. .__ .'__ .__________________4--__ .___ . ;- .=. ~--...~- t.-...........-.. .-. -1''' .- .--. ..-.-. T -.. -1 I 1 CERTIFICATE OF CITY CLERK TO RESULT OF THE CANVASS OF ELECTION RETURNS State of California, } County of....m....AL.A.."ME.DA..................m......................... ss. I) .................__..................PQ.EQ.~.HX.....<J...!.....H.OC..K...............m................................................................................ City C ler k of said City, do hereby certify that, in purs~tance of the provisions of Section 22932.5 of the Elections Code and of the resoltttion of the governing body of said City, heretofore adopted and entered upon the minutes of said governing body, I did canvass the returns of the vote cast in said City) at the........m.............mmm............................mm........................................ ...............q~.NJ~BA.J,..J1VNJ.C.J;pA.J,.................._..........................................Election held on ....mm..A..P.BJ..J,m....lgmmm....m, 19....7.0., for elective pztblic offices, and/or for and against each measure submitted to the vote of the voters, and that the Statement of the Vote Cast, to which this certificate is attached, shows the whole number of votes cast in said City, and the whole num- ber of votes cast for each candidate and/or for and against each meas- ure in said City and in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and/or for and against each meas~tre are full, trvte and correct. WITNESS my hand and Official Seal this...m.2Qthm...............day of ....m............A..P.BJ.~......m.............., 19....7.9.. (SEAL) 'i ff ' "' i ; \ --. i/ . .. ('"/ .......~~:t.!.~........,..... ....,.... ~::C..~<(;'."-m...' City Clerk. .. ,.'.. ,--._--~P . ! ( '/ By ......m......m......:.......................mm....m..mm.................m.m......, Deputy. (The above certificate is to be used only when the governing body has ordered the City Clerk to make the official canvass.) I 1'170 NO PAJe ~?> -3 oR :J..3-1f April 21, 1970 BE IT FURTlmR RESOLVED, DETERriIIlJED AND DECLARED, that at the said general municipal election held in said City on Tuesday, the 14th day of April, 1970, the following persons were elected to the respective offices for the terms stated and until their successors are duly elected and qualified, as follows: (Canvass of Votes - Municipal Election cont'd) CLYDE E. TAYLOR was elected Councilman for the full term of four years; CECIL A. BEEBE was elected Councilman for the full term of four years; ROBERT A. PRITCHARD was elected Councilman for the full term of four years. BE IT F1JRTHER RESOLVED, DETERMINED AND DECLARED, that the Clerk shall enter on the records of this Council a statement of the result of the said election, showing: 1. The vI h ole number of votes C8.st in the City of Livermore; 2. The names of the persons voted for; 3. For \'Jhat office each person vIas voted; 11-. The number of votes given at each precinct to each person; and 5. The number of votes given in the City to each person. BE IT FURTlillR RESOLVED, DETERMINED AND DECLARED that the City Clerk shall immediately make and deliver to each of such persons elected a certificate of election, signed by her and duly authenticated; she shall also impose the constitutional oath of office, whereupon they shall be inducted into their respective offices to which they have been elected. * * 1(- Councilman Uthe stated that several months ago when he announced publicly that he would not run for reelection, he made a complete statement, which he did not wish to repeat at this time, but in leaving office after six years of very hard wo~{ he wished to express his gratitude to the staff for assisting the Ccuncil over the years, and thanked his fellow Councilmen and the previous Council for the respect shovm to 11im, their patience, and the press for providing a communication channel between this government and the people of the City, and finally all who have followed wl1at he h:::s attempted to do over the years and Wll0 helve continued to respect and support him. cm!Jr'IEIJTS BY THE COU:;CIL (Councilman Uthe) Mayor Marguth stated he wished to echo much (Mayor Marcuth) the same comments made by Councilman Uthe, adding that ~__ .c~r years on the Council had beeD years with meaning for him and the rest of the Council. He stated it had been a pleasure working with the professional staff of the City, the people who carry out the policies that the Council sets, especially projects Hl1ich have been cLLrected to them of IJllich some have been very difficult. He expressed his appreciation for the relationship he had had wi th Manuel r.1edeiros, r!Jilo ::ordy1ce and Bob Patterson the first two years he served on the Council as he felt the lcnmvledge he gained from these men was very beneficial. Further, it had been a pleasure vror1dng vvi th the Planning Commi ssioners and the other commi ttees and then being proud IIi th the resu.l ts shovm through their efforts. He appreciated the efforts of the press, and he had learned to accept the press for what they arc, and feels the press has learned to accept him for what he is, and he thought the community is in good shape as far as the communication media is concerned with the two newspapers and radio statiorl. n CM-23-5 April 21, 1970 (Comments - Mayor Mar~uth continued) ADJOURNI~NT CERTIFICATES Mayor Marguth also thanked the other members of the Council, his family, and the people who have supported him. He congratulated the community on their selection of the new Councilmen, and offered his help in the future, but pointed out that once the Councilmen take their chai~s, the decisions are up to them. * * * On motion of Councilman Uthe, seconded by Mayor Marguth, and by unanimous vote of the Council, the meeting was then adjourned sine die. * * * The City Clerk then delivered certificates to the newly elected Councilmen, who had previously taken the oath of office at the time their nomination papers were filed. * * * ROLL CALL The City Clerk called the meeting to order and took roll call: PRESENT: Councilmen Beebe, Taylor, Silva, I~ller and Pritchard ABSENT: None * * * NOMINATIONS OF MAYOR The City Clerk asked for nominations for the office of Mayor at this time. Councilman Taylor nominated Councilman Silva, seconded by Councilman Miller. No further nominations were received, and Councilman Silva was selected as Mayor by the following vote: AYES: Councilmen Beebe, Taylor, Silva and Miller NOES: Councilman Pritchard Mayor Silva accepted the nomination, then asked for nominations for Vice-Mayor, and Councilman Taylor nominated Councilman Miller. The nomination was seconded by Mayor Silva, and passed 3 to 2 with Councilmen Beebe and Pritchard dissenting. MATTERS INITIATED BY COUNCIL (Comments - Councilman Beebe) (Planning Commission Applications) * * * Councilman Beebe expressed his thanks to the community for electing him to the Council, and promised to do his utmost to serve the community well, and with the fine spirit of going ahead in achieving a fine, well knit community. * * * Councilman Taylor stated that he wished to remind the new Council that it had been announced they would entertain nominations for the Planning Commission, and he thought perhaps this Council might affirm the position that they would take applications for the job of Planning Commissioner. Councilman Taylor made a motion that this Council establish the policy of filling Planning Commis- sion vacancies by asking for applications from any member of the community (by letter) giving background and reasons why they want to serve. The manner in which this position is filled should be decided at the next meeting as to whether the interview should be public or private. This motion was seconded by Councilman Pritchard. CM-23-6 The motion was amended by Councilman Taylor, seconded by Councilman Pritchard~ that the interviews should be public, but the selection should be done in executive session. April 21~ 1970 (Planning Commission Applications - continued) Councilman Miller brought out the fact that if there should be forty applicants, public interviews \10uld be a very time consuming affair; after some discussion, the motion including the amendment~ was passed unanimously. * * -l(- (Expressions of Thanks and Welcome) Councilman Taylor expressed his thanks to all the people who supported him and his family~ and Councilman Pritchard echoed the statements made by both the former Councilmen, and thanked the people of Livermore, and especially his family~ for being elected to the Council. Councilman Miller expressed his welcome to the newly seated Councilmen. Mayor Silva read a resolution commending former Mayor Marguth~ and introduced it for adoption by the Council. The motion was seconded by Councilman Miller~ and passed unanimously. RESOLUTION NO. 59-70 RESOLUTION RECOGNIZING COUNCI1I'1AN GILBERT R. MARGUTH, JR. FOR FOUR YEARS DEDICATED SERVICE TO T}ill CITY OF LIVERMORE. * * .;(- Mr. Ken Carlson~ President of Livermore Toast- Presentation masters~ presented the former mayor, Gilbert of Award Marguth, a plaque in appreciation for his contribution in being in their first forum in the Livermore Valley and excellence in communications. * .;(- * Mayor Silva read a resolution commending Councilman P. Michael Uthe~ and introduced it for adoption by the Council. The motion was seconded by Councilman Miller~ and passed unanimously. (Recognition of Service - Council- man Uthe) RESOLUTION NO. 60-70 RESOLUTION RECOGl'TIZING COUNCILMMJ P. rnCHAEL UTHE FOR FOUR YEARS DEDICATED SERVICE TO 'rHE CITY OF LIVERr,lORE * * * The students of Livermore High School challenged the members of the Council to a bike race at noon on April, 22 in observance of Earth Day. -* * * There being no further business to the councilnthe meetin adjourned /1 ,,+ * ~,Irtl come before at 8: 05 P .rl]. * APPROVE ATTEs'r CHALLENGE TO BIKE RACE AD J OURI\Jr;1E NT CM-23-7 A regular meeting of the City Council was held on Monday, April 27, Regular Meeting of April 27, 1970 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:04 p.m. ROLL CALL MINUTES OPEN FORUM (School Educa- tion Study) * * * PRESENT: Councilmen Beebe, Miller, Pritchard, Taylor and Mayor Silva ABSENT: None * * * On motion of Councilman Miller, seconded by Councilman Taylor, the minutes of April 6 and 13, 1970, were approved as amended by the following vote: AYES: Councilmen Miller, Taylor and Mayor Silva NOES: None ABSTAIN: Councilmen Beebe and Pritchard * * * Mrs. Valerie Raymond, President of the League of Women Voters, addressed the Council and reported some of the results of their education study as it affects planning and school growth. The education stud~ concluded in mid-February, pointed out the responsibility of the school district, citizens of the district, and the City. It was decided that the school district had the prime responsibility for planning and financing; the citizens have the responsibility of becoming informed and communicating with the Board and voting respon- s~bly; the City has the responsibility for requiring the cooperation of developers in providing school sites and/or temporary facilities upon the request of the school district. The City should also require developers to provide accurate information concerning the availability of schools in the area. As a result of the failure of the last two bond issues, the League feels that proposed legislation contained in AB 1271 is a necessary step and would like to join with other interested citizens in endorsing this legislation. (Sidewalk - 4th Street) * * * Mr. Jack Phillips, 551 No. P Street, spoke regard- ing the lack of a sidewalk on 4th Street north of Livermore High School and also to the east of the football field. He was advised that the City and the School Dis- trict are presently working on the problem and hope to have a solu- tion soon. (Commendation re Participa- tion in VPC) * * * Mr. Don Watson, 987 Via Seville, of the Clean Air Coordinating Committee, stated that the committee is interested in other environmental problems as well as clean air; these are regional problems. The Valley Planning Committee could be an effective agency in solv- ing these problems, and the communities to the west of us are now beginning to take a greater interest in solving these problems. He commended the City of Livermore, the staff and elected repre- sentatives, for their participation in the Valley Planning Committee. PUBLIC HEAR- ING - WEED ABATEMENT CM-23-8 * * * A public hearing was held to receive any objec- tions to the proposed removal of weeds, rubbish, or dirt upon any property posted in accordance April 27, 1970 with the Council's resolution No. 34-70. Following this hearing the properties that have been posted must be cleaned within 60 days or until the City's contractor appears to conduct the work, whichever event is last (Public Hearing- Weed Abatement continued) to occur. There were no major objections voiced. Councilman Miller made a motion, seconded by Councilman Beebe, to close the public hearing, and the motion was approved unanimously. A resolution on this matter is included for approval under the Consent Calendar. * * * CONSENT CALENDAR Mayor Silva explained the Consent Calendar procedure for the benefit of the new Councilmen, and asked if there were any changes they might wish to make; however, it was agreed that the procedure remain the same. * * * RESOLUTION NO. 61-70 (Weed Abatement) RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE AND DIRECTING THE SUPERINTENDENT OF STREETS TO CAUSE SAID PUBLIC NUISANCE TO BE ABATED * * * Departmental reports were presented to the Council as follows: (Departmental Reports) Airport - Activity and Financial - March Building Department - March Civil Defense - January and March Fire Department - February and March Golf Course - March Justice Court - February and March Library - January through March Police and Pound Departments - March Planning Department and Commission - Year of 1969 Water Reclamation Plant - March The Airport and Golf Course financial reports were removed from the Consent Calendar for discussion later in the meeting at the request of Councilman Pritchard. * * * The Public Works Director reported that a further study has been made to determine if the electronic detecting equipment would function if a left turn lane was provided on South L Street, and having found that it would, a modification to provide a left turn lane in addition to a through lane is recom- mended. Property owners adjacent to the restricted parking zones have been contacted and agree with the proposed changes. (Report re Traffic Control 4th & So. L Streets) * * * The traffic signal and interconnecting system project at the intersection of Holmes Street and First Street has been completed and the California Division of Highways has accepted the project and concurred in maintaining the traffic signals per agreement executed by the City Council. The Public Works Director recommends a motion be adopted authorizing filing of Notice of Completion. (Report re Holmes and First st. Traffic Signals) * * * CM-23-9 April 27, 1970 Written Communications (Chamber of Commerce) A letter was received from the Livermore Chamber of Commerce expressing best wishes to the new Council and requesting a joint meeting of the Council and Chamber Board to discuss matters of mutual interest re economical and industrial de- velopment in particular. Mr. Jay Walton of the Chamber spoke in this regard at the request of Councilman Miller who questioned the advisability of such a meeting. because there is a matter of principal involved in having extra meetings with private groups and there are other such groups that might have mutual interests. They do have extra meetings with other public bodies which are officially organized bodies, and he suggested that perhaps the meeting be set with the Chamber as a study session or a regular agenda item. Councilman Taylor suggested that any proposal the Chamber might have could be submitted to the City staff for analysis so they would have the benefit of the staff's comments before the meeting, and felt the meeting should be formal enough to have a written agenda. Also it should be understood that no decisions could be made at such a meeting. The City Manager was instructed to work out some mutually agreeable date with the Chamber for a study session. Jaycee Invitation Public Meeting (School District) Re Indictments Deputy Sheriffs MINUTES (Various) Exempt Busi- ness Licenses CM-23-10 * * * An invitation was received from the Livermore Jaycees for Council participation in the Rodeo Parade to be held on June 13th. * * * The formation of the Ad Hoc Committee on Guidance and Counseling was authorized by the Livermore Board of Education to review critically present guidance and counseling practices in the school system. A public meeting will be held on Saturday, May 9 to discuss this subject and the Council members are invited to attend. * * * A reply was received from the U.S. Department of Justice concerning the indictments returned against deputy sheriffs of the Alameda County Sheriff's Department. * * * Minutes of the meeting of the Housing Authority of March 10 were received and acknowledged. Minutes of the Beautification Committee meetings of November 6, December 4, January 8, February 4 and February 26 were acknowledged. * * * Exempt business license applications were received from the following: Livermore Babe Ruth League - various fund raising activities during the summer to support this program Girl Scout Troop No. 900 - pancake breakfast May 7 Student Education Loan Fund - membership drive and hole-in-one tourney Granada Supporters Club - raise funds for building an athletic complex at Granada High School April 27, 1970 (Exempt Licenses Cont inued) American Cancer Society - house to house campaign April 30 to May 4, 1970 Alameda County 99's - sale of ice cream at air show * * * Seventy-nine claims in the amount of $67,835.03, Payroll and Claims dated April 16, 1970; one hundred thirty-four claims in the amount of $18,960.91 and two hun- dred and eight payroll warrants, in the amount of $69,512.14, dated April 23, 1970 were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrants 7008, 7051 and 7150 inasmuch as he is indirectly involved in sales to the City by his company. Councilman Beebe abstained from voting on Warrants 6999, 7030 and 7142, inasmuch as he does own some stock in the company for which he works. Mr. Lewis advised that their interests were remote but suggested that perhaps they should refrain from voting on these items. * * * A motion was made by Councilman Taylor, seconded Approval of by Councilman Pritchard, and passed unanimously, Consent Calendar to approve the items on the consent calendar, with removal of the airport and golf course reports for later discussion and the noted abstensions. * * * Mr. Chris Gatrousis of the Beautification Com- mittee spoke regarding a request for variance to allow permanent Christmas tree sales stands at 37 South Livermore Avenue. The Beautification Committee recommended denial of the request for variance as the site is in the downtown area in a strategic location and its appearance helps to set the tone of the downtown area. Allowance of this use would be inequitable as it is not allowed throughout the City. A variance has already been granted by the Planning Commission, but the Beautification Committee felt a closer look should be taken at this in order to establish future policy. Actually the report was submitted to the Council in error; it should have been addressed to the Planning Commission with a copy to the Council. * * * A request as to the possibility of a change in the no-access agreement for property located at the corner of Enos Way and Portola Avenue has been received from Violet Houser. This matter was continued for one week at the request of the applicant as she was unable to attend the meeting. * * * A letter was received from Art Hilliker Realty Company of Pleasanton inquiring whether the Council would be receptive to the location of a mobile home park in Livermore. Mr. Hilliker stated he had a client wishing to develop such a park. SITE CLEARANCE- (37 So. Livermore Avenue) RE NO-ACCESS AGREEMENT (Violet Houser) MOBILE HOME PARKS (Art Hilliker Realty Co.) CM-23-11 April 27, 1970 (Mobilehome Parks Cont'd) REPORT RE STREET NAME CHANG E (California Way to Hayes Court) The Council will include discussion of the location of mobile home parks in the City at a future study session. The staff was directed to inform Mr. Hilli- ker that it will be a study session item in the near future. * * * The Planning Commission submitted a report recommending renaming California Way between the proposed housing project (Interfaith Housing for the Elderly) and Hayes Avenue to Hayes Court. The reason for the change is that California Way is broken in two sections which causes confusion and difficulty in locating the street. Mr. Don Phillips, 4175 California Way, recommended that the name be changed to California Court rather than Hayes Court, but was advised that this would still be confusing. After some discussion, a motion was made by Councilman Beebe, second- ed by Councilman Pritchard, to adopt a resolution changing the name of California Way, westerly from Hayes Street, to Hayes Court, and the motion was approved unanimously. REPORT RE CUP (First Western Bank) RESOLUTION NO. 64-70 RESOLUTION CHANGING STREET NAME (California Way to Hayes Court) * * * A report was submitted by the Planning Commission regarding a Conditional Use Permit application by First Western Bank to allow a freestanding sign. Mr. Howard Friedman of Heath and Company, representing the appli- cant, requested a continuance for one week due to illness of the representative who was to attend the Council meeting. The Council continued the matter for one week on motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous approval. RE PARCEL MAP TRACT 3064 (Christopher Land Co.) * * * The Planning Director stated that Christopher Land Company was requesting division of a parcel into four lots (Parcel Map No. 597), located on the north side of East Avenue and east side of Mitra Street. The submission of the parcel map is the second step of the minor subdivision since the extension of Charlotte Way to East Avenue as required by the City had created division into four lots and under the minor subdivision ordinance the map must be refiled. The Plan- ning Commission recommends approval as submitted with some amendments brought about by the need to correct this map to the subdivision map. Also, an additional ten-foot recreational easement along East Avenue frontage for a bicycle pathway has been required. Councilman Pritchard questioned whether there was a recreational easement westerly of this area and whether it would continue easterly, and was advised it would run to Jackson Avenue park. Councilman Beebe asked if ten feet is exceedingly wide for a bicycle path and Mr. Musso replied that the bicycle path and sidewalk would be combined but not necessarily all paved, and the Recreation District has specified that bicycle paths should be no less than seven feet wide. Councilman Taylor stated the Planning Commission and Council had adopted a policy that there shall be a system of trails somehow without being too specific, and Mr. Musso explained that tentative CM-23-12 plans have been drawn up for these trails throughout the City, and the plans are pretty well defined in this area along the north side of East Avenue to extend north through the park. April 27, 1970 (Christopher Land Co. ) Mayor Silva questioned the City Attorney with reference to changes on the parcel map, and Mr. Lewis explained the Subdivision Map Act, stating in certain cases where you do not have a subdivision, you can require improvements if a local ordinance provides for them and the local ordinance does provide for street improvements. Mr. Lee added that the improvements of streets within the boun- daries of this parcel map would normally be required in conjunc- tion with a tract map. The developer has not filed Tract 3064, and the improvements in the parcel map are being required as part of that tract. It is recommended that the parcel map be approved with the condition that the improvements be provided along with Tract 3064. Mr. Anthony Varni of Haley, Schenone, Tucker, Birchfield and Smith, representing the Christopher Land Company, advised the Council that the developer was required to build 1500 feet of Charlotte Way, and he explained the improvements made by the applicant on Tract 3064 as a condition of the approved map and he felt it is a closed matter. They had presented plans for a townhouse development which because of the cluster development, included a bicycle trail, but it was subsequently denied. They are now asking to build apartments and have filed the parcel map to satisfy a technicality. The parcel map is approved by the staff, and the staff did not recommend the condition of a bicycle trail; they have complied with the staff's conditions, and the condition of a bicycle trail was merely added by the Planning Commission. Mr. Varni referred to a map and explained the bicycle trail proposed which is a run of about 1600 feet on a ten-foot easement where there is already a ten foot sidewalk which is approved by the staff as designed. At the time the bicycle trail was discussed for the townhouse development the sidewalk area was reduced. Now there is a full sidewalk, and he felt to request a full bicycle trail in addition to that is not a reasonable condition. He especially did not feel that it should be a condition of Tract 3064 because such is not before the Council tonight and he did not think it could be legally called back. The Council discussed the improvements and the necessary bonds for these improvements; the conditions of the subdivision map with reference to the parcel map; and bicycle trails, and Coun- cilman Pritchard made a motion to delete the condition placed by the Planning Commission for a bicycle trail, and the motion was seconded by Mayor Silva to allow further discussion of the matter. The Council discussed the possibility of having the bicycle trail on the south side of East Avenue as it was felt this would be the best place. It was pointed out by Mr. Varni that plans have already been made by the County for widening of East Avenue, and it was suggested that the staff might contact the County for a possible agreement with them for a bicycle trail, however Mr. Musso stated it would be some time before the south side of the street is developed. Mr. John Barker, with Associated Professions, Inc., pointed out that the developer had been attempting to resolve the matter since November, and they were not agreeable to further delay. The possibility of a compromise was discussed which would reduce the width of the sidewalk, as it was felt to be in the public interest to have a bicycle path along East Avenue. Mayor Silva then asked to withdraw his second to the motion, and Councilman Pritchard withdrew his motion to delete the condition for the bicycle path. CM-23-13 April 27, 1970 (Christopher There followed a discussion as to the width of Land Co. Contd) the sidewalk, bicycle trail and landscaped area; whether or not to separate the two, or if they could be separated by other means. It was de- termined that there was a ten foot sidewalk along a portion of the area and a fence which could be considered for separating the two at this point. Councilman Miller then made a motion to provide, as a condition to approving the parcel map, a 5-foot sidewalk, and a 10-foot bicycle path with appropriate landscaping of two feet to separate the two, and the motion was seconded by Councilman Pritchard. After more discussion relative to width of sidewalk and trail, setbacks and density, landscaping and the possibility of using a hedge, Councilman Miller amended his motion that a maximum of twenty feet should be set aside for public works improvements (for dedi- cation and easement) and in the public works part only five feet be sidewalk. The five feet of sidewalk can still remain a condi- tion of Tract 3064 and the rest will be a condition of the parcel map, and they cannot proceed upon the parcel map until the other. conditions are worked out, and he asked Mr. Lewis if that is cor- rect and if the City is protected here. Mr. Lewis read the following from Section 11535 of the Business and Professions Code: liThe governing body may require dedication or an offer of dedication by separate instrument for street open- ing or widening easements. If dedications or offers of dedications are required, such dedications shall be completed prior to filing of the parcel map. An offer of dedication shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and shall continue until the governing body accepts or rejects such offer. II Mr. Lewis added, further, that the section also allows the govern- ing body to require the improvements of public or private streets, highways, and easements as may be necessary for local traffic, drainage and sanitary needs on subdivisions of four or less parcels and our local ordinance relating to said subdivision does so provide. A vote was then taken on the motion to amend which was seconded by Councilman Pritchard, and it passed unanimously. The vote was taken on the main motion to include the amendment and the statement made by Mr. Lewis and it passed unanimously. A motion was made by Councilman Miller, seconded by Councilman Beebe, to accept the Planning Commission's recommendation for approval of Parcel No. 597, subject to the conditions noted within the Planning and Public Works Department reports as modified to require the pub- lic works improvements as part of Tract 3064 and to include an addi- tional 10 foot easement for a bike trail along East Avenue as out- lined above, and the motion passed unanimously. * * * ENVIRONMENTAL QUALITY STUDY COMMITTEE A resolution regarding the Environmental Quality Study Committee was prepared by the Planning Com- mission. After discussion, the Council continued this item for one week and requested that copies of the State's resolution and the former Council's Resolution No. 8-70 be included in their agendas. * * * MINUTES (Planning Commission) The minutes of the Planning Commission meetings of April 7 and 21, 1970, were accepted. * * * CM-23-14 April 27, 1970 Mayor Silva read a report from the Police Chief regarding removal and disposal of junk vehicles located in various parts of the City. The Po- lice Chief stated there are about twenty-five abandoned vehicles which constitute a nuisance to the City. Pre- sently the City has no means for removal of the vehicles as the various towing firms within the City have declined to handle the removal. The proposal submitted by the Livermore Auto Salvage, Inc., to remove unwanted junk vehicles without charge to the City was recommended for acceptance by Chief Michelis. REPORT RE JUNK VEHICLES On motion of Councilman Beebe, seconded by Councilman Pritchard, the following resolution was adopted by unanimous approval. RESOLUTION NO. 62-70 RESOLUTION DESIGNATING LIVERMORE AUTO SALVAGE, INC. AS CITY AGENT AND FRANCHISEE FOR THE TOWING OF ABANDONED AUTOMOBILES. * * * The City Manager reported that the State Disas- REPORT RE AB 560 ter Office is asking for support by the City of Livermore for AB 560 which clarifies and defines provisions for the California Disaster Act. This bill does try to change the implication of the existing law from one of a war caused disaster act to one which would apply to any disaster in the state. The name of the California Disaster Office would be changed to Office of Emergency Services and is in accordance with a parallel trend of the federal government. The experts in this afield have r~viewed this proposal carefully a~d, certif~ th,se _ j chanoes as es sentlal. -'" e '~:>I.4-,,-,<-~ilec.~~'7~"-.~/7~/ /':. ,I ~f c1-....k..x.ry A -<-~~ (1-(;,,")(..(_<_,,(;_ - ~:tj/ Councilman Taylor stated his concern was whether passage of this {~eG~ act would give the governor more power Mr. Parness stated that this new bill does give the governor full police power during a "state of emergency" rather than during a IIstate of extreme em- ergency" as stated previously. He said this was a redefinition of terminology, and would allow the governor to act in instances where he could not act previously. Councilman Beebe said he felt the intent of the law was to provide better protection for the citizens in case emergencies should arise and Mr. Parness stated that this was the first re- vision of this bill for over twenty-five years and felt the revisions were necessary. Councilman Miller stated that the one million dollar disaster fund had been removed from the original draft of the act by the gover- nor's office and felt this money for mutual aid should be in- cluded in the act and he felt the resolution should be amended to include this provision. Councilman Beebe made a motion, seconded by Councilman Pritchard, to adopt a resolution in support of AB 560 and recommending in- clusion of the disaster fund be made at a later date. The motion passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor Pritchard and Mayor Silva Councilman Miller None RESOLUTION NO. 63-70 RESOLUTION OF THE CITY OF LIVERMORE PROCLAIMING ITS ENDORSEMENT OF PROPOSED REVISIONS TO THE CALIFORNIA DISASTER ACT CONTAINED IN ASSEMBLY BILL 560. * * * CM-23-15 April 27, 1970 The City Manager stated that copies of the Capital Improvement Budget had been distributed to members of the Council for review and study. It represents the financial planning program for a six-year period, including the current fiscal year, for capital im- provements. This document is presented to the Council the hope that the Council will meet soon with the staff in order it can be discussed in detail and supporting information and presented. REPORT RE CAPITAL IMPROVEMENT BUDGET with that data Mr. Parness suggested a tour of the City facilities by the Council in connection with consideration of this budget. After discussion the Council decided to set the meeting for some time in May, with a tour at 5:00 p.m., then dinner and meeting for discussion of the budget at the Rincon Avenue fire station. REPORT RE AGRICULTURAL PRESERVES * * * Mr. Lewis, the City Attorney, explained that the law requires that any property applying for agricultural preserve status, situated within one mile of any in- corporated City bounds, must notify that City so any comments may be made to the Board of Supervisors at the appropriate hearing. These notices have not been processed formally in the past but rather the staff has reviewed each one. Mr. Musso stated the main concern is that these preserves are not a part of the industrial area or planned residential growth, and pointed out the agricultural preserves on the map in relation to the City. Mayor Silva suggested that the staff continue handling this matter as they have been doing except that the Council be informed as to which lands are included in the preserves on a quarterly basis. PROPOSED ORDINANCE RE REPEAL OF SECTIONS 18.21 - .56 * * * An ordinance repealing Sections 18.21 through 18.56 of the Livermore City Code is proposed as these sections are no longer necessary due to the adoption of the uniform plumbing code and inadvertently not repealed at that time. On motion of Councilman Miller, seconded by Council- man Beebe, the reading of the ordinance was waived (title read only) and by the following vote the ordinance repealing these sections was introduced: AYES: NOES: ABSENT: COUNCILMEN Beebe, Taylor, Pritchard, Miller and Mayor Silva None None AIRPORT- GOLF COURSE REPORTS * * * The airport and golf course financial reports had been removed from the Consent Calendar and Councilman Pritchard asked for clarification of the airport profit and loss statement regarding operational ex- penses. This was done by Mr. Parness. Councilman Pritchard also inquired about some items on the financial report of the golf course. Mr. Parness explained that even though the revenue was up, the net loss shown was due, in part, to additional operating expenses and installation of one time improvements. MATTERS INITIATED BY STAFF (FAA WAIVER) CM-23-16 * * * The City Attorney stated the airport manager has re- quested that the Mayor be authorized to execute a waiver required by the FAA in regard to temporary tower operation for the air show to be held. It waives responsibility in operation of the tower and Mr. Parness explained that this was a new requirement. On motion of Councilman Taylor, seconded by Councilman Miller, the Mayor was authorized to execute the waiver as required, and the motion was approved unanimously. * * * Councilman Beebe referred to a previous dis- cussion regarding the invitation from the Chamber of Commerce for a joint meeting with the Council. He stated he felt this was a courtesy move and stated citizens of the com- munity had expressed to him their desire to see more cooperation between the Council and the merce so that a better development of commercial might be worked out. He felt more could be done together. * * * April 27, 1970 (FAA Waiver Cont'd) MATTERS INITIATED BY COUNCIL (Meeting with Chamber of Commerce' I Chamber of Com- and industrial if all worked (Traffic Signal - First st. and Livermore Ave.) Councilman Taylor stated that at night the sig- nal at First Street and Livermore Ave. is changed to a blinking signal with red on Livermore Ave. and yellow on First Street. He felt it present- ed an extremely hazardous situation on a state highway. Mr. Lee stated this had been checked on previous occasions and the accident rate had been found to be low since people are cautious at this intersection due to the blind corner. Traffic did not warrant a change at this time. Councilman Taylor said he believed part of East Avenue was maintained by the County and he had received complaints from bicycle riders about rocks being swept to the side which presents a hazard. that the right of way did need sweeping and asked that matter be checked. * * * * * * (Condition of East Avenue) He f e 1 t this (Agenda Folders) Councilman Pritchard suggested that an agenda folder be placed at the podium or somewhere in the room for reference by the public. After discussion it was decided that a folder would be made available at the Council Chamber for public reference. He also suggested that copies of the agenda be placed at the rear entrance. * * * Councilman Pritchard stated he had noticed there (Trash Cans - were no trash cans on First Street. M~ Parness First Street) explained that there had been small trash cans attached to the poles, but there was a problem in keeping containers available as they became damaged. It was suggested that trash cans in other parts of the City also might be considered and this matter was referred to the Beautification Committee. * * * Councilman Pritchard said he hoped that in ap- proving future shopping centers some provision could be made for public restrooms. The staff was directed to check into this matter and pre- sent a recommendation to the Council. * * * (Public Restrooms - Shopping Centers) A request was received from the Alameda County (Proclamation) Bar Association asking that May 1st be declared l1Law Day",and a proclamation was issued by the Mayor. CM-23-17 April 27, 1970 (LARPD - A letter was received by the Council re the appro- Little League) priation to the Little League, and they listed the monies they have spent for Little League facilities in the community. It had been reported that the Council had criticized the Recreation District, and the City Manager was directed to write a letter to the Recreation Dis- trict stating that the Council had in no way intended to criticize the Recreation District. (Planning Commission Applications) ADJOURNMENT * * * Several applications were received for the office of Planning Commissioner, and it was decided that May 11, should be the deadline for receiving the appli- cations and interviews would be scheduled after that time. * * * There being no further business to come before the Council, the meeting was adjourned at 11:30 to an executive session to discuss appointments to the Youth Committee. ATTEST * APPROVE * * * Regular Meeting of May 4, 1970 A regular meeting of the City Council was held on Monday, May 4, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:08 p.m. ROLL CALL PLEDGE OF ALLEGIANCE MINUTES: OPEN FORUM CM-23-18 * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller ABSENT: Mayor Silva * * * Mayor Pro Tempore Miller led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * On motion of Councilman Taylor, seconded by Council- man Beebe, the minutes of April 21, were approved as submitted and the minutes of April 27, were approved as amended. * * * The Mayor Pro Tempore invited any person in the audience to address the Council on any subject not on the agenda; however, there were no comments voiced. * * * MAYOR SILVA WAS SEATED AT THIS TIME. May 4, 1970 An application has been made by T. J. Green for rezoning from RS-5 (Residential) to RG-12 (Sub- urban Multiple Residential) District of a site located at 5682 East Avenue. The Planning Di- rector discussed the area involved, stating it would be possible to develop this area in a subdivision manner; however, it was felt by the Planning Commission that it would be more feasible to develop the site as multiple residential. Many uses have been considered for this site in the past and at the last consideration, it was zoned RS-5. After studying the request the Planning Commission and staff concurred that this property should be rezoned as RG-IO. PUBLIC HEARING RE REZONING (T. J. Green) Councilman Taylor asked Mr. Musso whether the map presented showed more than the parcel under consideration, and whether approval of rezoning for this piece would be,in effect, approval of rezoning for the entire piece. Mr. Musso stated that this was correct, but that no request for rezoning had been received yet for the adjoining property. Councilman Taylor questioned whether it would be logical for the adjoining property to be developed as RS-5 if it is bounded on one side by multiple and the other side by industrial, and Mr. Musso was asked why the Planning Commission did not consider enlarging the area of consideration to include this piece of property to which he replied that it had not been brought to their attention at the time of the application. Mr. Ken Bandtel, 1352 Kathy Court, stated that as a resident of Wagoner Farms area he felt that there was enough density in this area with 1200 projected units, and recommended that some other use be considered for this parcel. Mr. Thomas J. Green, the applicant, stated that his contention was that the proposed rezoning would not increase the density in population or land coverage, and referred to a comparison of RS-5 zoning and RG-12 in a statement prepared by his staff. His plans call for 125 units, which is between RG-IO and RG-12 zon- ing, and he stated his willingness to stipulate a maximum of 125 units if that would be acceptable to the Council. The state- ment he referred to showed the social, economic and total envi- ronment aspects of the two zonings and their affect on the im- mediate neighborhood as well as the community at large. Mr. Green estimated a 10% lower estimate of population in his proposed 125 units as compared with the 60 single family units permitted under present RG-5 zoning. He also stated his comparison showed that there would be a 95% reduction in the number of school age children. The tax revenue from existing zoning would yield approximately $18,000 to the school district and the proposed zoning would yield approximately $27,000. Mr. Green also stated that a survey of the existing apartment units in the City support- ed his comparison. The applicant also stated comparison figures for parks, open area, traffic ingress and egress, traffic load in relation to smog, sewer load, and utility use for the two zoning uses. Councilman Pritchard asked the applicant if he planned to actively seek people with children for the apartment units, and Mr. Green replied that he would not as the policy would be not to permit children. A motion was made by Councilman Taylor, seconded by Councilman Beebe, and approved unanimously to close the public hearing. Councilman Taylor asked Mr. Musso if the figures given by the applicant (density factor for multiple of 1.7 per unit and an average of five school age children in the 125 units) could be supported. CM-23-19 May 4, 1970 (Public Hear- ing - Green, Continued) tables used by be wrong. Mr. Musso stated the numbers used to determine the family characteristics of multiple and single family uses were based on Castro Valley figures and were correct. The breakdown between RL and RM could be in error, RG-IO had been used in calculating the the Planning Department as the break and this could Councilman Miller stated it was possible for the number of children to change in the future and there is no guarantee that granting of zoning would keep the number of children at a low level. The Council discussed various ways for computing the number of chil- dren for the apartment units. Councilman Pritchard stated that there is never a guarantee in regard to zoning. Mayor Silva pointed out that zoning is done according to units per acre, not number of children per acre and stated he realized there is a school problem, but he felt that the Council's decision could not be based on estimates of number of children per unit. Councilman Taylor said he felt development under RS-5 would probably be townhouses or duplexes, in part, and single family on the remain- der. It would be very dense if developed as single family; in any case development would include multiple dwellings of some kind. Councilman Miller stated that at the time it was zoned RS-5 the planning was to allow cluster housing so it could be developed in a reasonable way at five to the acre. Councilman Beebe felt this parcel would develop along the lines of Wagoner Farms with apartments and commercial as a buffer zone toward the industrial area. Councilman Taylor felt this zoning was a problem due to the effect it may have on the surrounding areas. He felt this proposal would generate less school age children and produce more tax revenue than the proposed RS-5 zoning. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to approve the Planning Commission's recommendation for RG-10 zoning, subject to the following conditions. 1. Provision of a recreation easement along East Avenue for the pro- posed bicycle trail at a width to be determined by the staff prior to ordinance adoption: 2. Provision of a parkway along the northerly boundary of the parcel in conjunction with development of the Arroyo Seco channel; 3. Park dedication per City Ordinances and policies; 4. Assurance of the extension of Susan Lane across the applicant's property so that in event of development of adjoining property it will connect with East Avenue; 5. Widening and installation of public works improvements for East Avenue. Councilman Miller stated that this zoning violates the General Plan and does not satisfy any criteria set up for multiple. Density has been increased from RL-7 to RS-5 and now RG-IO and this increase is unwarranted. Any need for multiple units is already provided for under present zoning in several areas, townhouses or cluster housing could be built under the 5 d.u./acre zoning and he saw no need to change this zoning. The area to the east will probably be developed under RG-IO also, and approval of this zoning is, in fact, approval for the adjoining property. CM-23-20 May 4, 1970 Councilman Taylor pointed out that General Plan density is for the whole planning area, not for an individual piece of property. He stated he was opposed to an increase in density unless there is a good reason for it. Application of General Plan density criteria for multiple is not right from a specific zoning point of view. (Public Hearing - Green, Cont'd.) The motion to adopt RG-IO zoning with the subject conditions was approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * CONSENT CALENDAR The Public Works Director reported that an agree- Report re Agreement ment with Alameda County had been reached for with Alameda County the performance of certain street construction and maintenance work on certain roads within the City when such is requested by the City. The particular work involved is the traffic signal maintenance for the unit installed at Murrieta and Stanley Boulevards. The staff recommendation is to adopt a resolution authorizing execution of the agreement. RESOLUTION NO. 65-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Alameda County - Street and Highway Maintenance, Repair, and Improvement) * * * From time to time the City wishes to place equipment on poles owned by PG&E. Inthe past a special permit would have to be processed through the Company for such a contact. An agreement has been prepared to have a general II Pole Contact II Agreement and it is recommended for adoption by the City Council. Report re Pole Contact Agreement (PG&E) RESOLUTION NO. 66-70 RESOLUTION DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE (Pole Contact Agreement) * * * The Public Works Director has advised that the developer, Jupiter Construction Co., has com- pleted the map and plans of Tract 3073 and has executed the Subdivision Agreement in accordance with the conditions of the tentative tract approval. The staff recommendation is that the City Council approve the Subdivision Agreement and allow the tract map and plans to be filed. TRACT 3073 (Jupiter Constr. COI RESOLUTION NO. 67-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3073 RESOLUTION NO. 68-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3073 CM-23-21 May 4, 1970 ~ract 3073 Continued) The City Manager reported to the Council that a notice was received today from the County asking that Arroyo Road be widened to 110 feet. This tentative tract map was filed in March, 1969, with the stated width of Arroyo Road as 88 feet down to Vancouver Way and then a transition to 104 feet past Concannon Blvd. This notice has been discussed with Mr. Mehran and he does not wish to change the plans now as the con- tracts have been signed: the bonds posted; the tract map executed and ready for filing. Mr. Parness did not feel this change was ap- propriate at this date. Mr. Lee stated that this area was planned over a year ago with the width of 88 feet and widening to 104 feet as a part of the consider- ation of this tract, the Council had decided to widen the right of way just south of Vancouver Way. * * * Written A letter was received from Richard O. Clark, former Communications member of the Local Agency Formation Commission, (Suggestions) containing suggestions for improved service to various areas of the County through the Commission. (Re smog, bike trails) Exempt Busi- ness License Payroll and Claims Approval of Consent Calendar CUP-First Western Bank * * * Three letters were received from members of Brownie Troop No. 32 re some suggestions on smog, bike trails and pollution. * * * Exempt business license applications were approved for the following: Girl Scout Troop 176 - hot dog sale May 9 Livermore Art Association - outdoor art show on May 23-24 * * * Eighty claims, dated April 30, in the amount of $23,175.45 were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of c:Councilman Miller, seconded by Coun- cilman Pritchard, and by unanimous vote, the items on the Consent Calendar were approved including the resolutions. Councilman Beebe abstained from voting on Resolution No. 66-70 and also Warrant No. 7167. Councilman Silva abstained from voting on Warrant No. 7229. * * * An application was submitted by First Western Bank to allow one double-face freestanding sign on a site located at Granada Shopping Center, and this matter was continued from the previous meeting at the request of the applicant. In error the staff notified the applicant that this was continued until May 11; therefore, this matter was continued until that date. CM-23-22 * * * A request has been made by Mrs. Violet Houser for a change in the no access agreement for property located at the corner of Enos Way and Portola Avenue. This matter was continued from the last meeting at the request of the applicant. May 4~ 1970 RE NO ACCESS AGREEMENT (Houser) The Planning Director explained that this agreement grew out of a rezoning and that there is backing lot treatment starting at Portola Avenue and down Enos Way. The Planning Commission had recommended, and the Council had concurred~ that there should be no access to the property from Enos Way and that the backing lot treatment should be continued and Mrs. Houser had signed the agreement to install the wall. Councilman Taylor said from a planning point of view it would be better to have a multiple housing unit face on Enos Way than Portola Avenue, which is a major street with a great deal of traffic. He felt it was more logical to have the fence along Portola Avenue and access along Enos Way. Mr. Musso indicated that one of the main issues of the rezoning in the area in 1965 from single family to multiple was the matter of access and frontage. The property owners in the area did not wish to have the apartments front on Enos Way because of parking and traffic. Councilman Miller said he recalled that this was the most hotly contested rezoning he could remember. All of the property owners were unanimously opposed to multiple zoning in the area~ and were very bitter about it; in fact, he still receives requests to zone this area back to single family. This agreement was a con- dition of the rezoning to multiple to protect the adjoining pro- perty ownersl interests and the construction of this wall was a way to help protect them. Mr. Lee felt there should be no access to Portola Avenue because of traffic and perhaps the six foot fence would not be necessary as some other method could be used to control access. Mrs. Houser, the applicant, said she did not see why it could not be changed to some other type of fencing as the school and other properties do not have a brick wall. Councilman Taylor made a motion, seconded by Councilman Pritchard, to set a public hearing, with adjoining properties being notified, regarding the fence for the subject property, and the motion was approved unanimously. The hearing was set for May 25. * * * An appeal has been submitted by Harold W. Braden APPEAL OF PLANNING from the Planning Commission's denial of variance COMMISSION DENIAL to allow relocation of a fence. OF VARIANCE (Braden) Mr. Musso stated this was a request to modify the requirements for the location of a 6-foot fence on a corner lot. The staff and Planning Commission concurred that, due to the unusual shape, there could be grounds for variance. The extension of the set- back line of adjacent lots and City policy for setback of a cul- de-sac lot were used to determine the setback line for this lot. A variance was granted by the Planning Commission on this basis, however this variance was not as much as that requested by the applicant. Mr. Braden wanted six additional feet and is appeal- ing the decision of the Planning Commission. Mr. Braden, 517 Covington Way, stated he had surveyed several properties with fences which he felt were more hazardous or a hindrance to adjacent properties. He also had a waiver from his neighbor that the requested fence would be no hindrance. CM-23-23 May 4, 1970 (Appeal - Braden) Fences which do not conform to present requirements often were built under old ordinances or no ordinance requirements. Mr. Musso stated that in the past two years many requests had been made for setback var- iances for irregular lots, and some agreement has been worked out with the property owner along the same lines as those applied in Mr. Braden's case. Councilman Taylor made a motion to deny the appeal and to approve the Planning Commission's recommendation to grant variance to allow reduction of side yard from 15 to 10 feet; the motion was seconded by Councilman Miller and approved unanimously. * * * APPEAL RE VARIANCE OF ZONING ORDINANCE (Compla) An appeal from the Planning Commission's denial of an application for a variance to permit reduction of various regulations of the Zoning Ordinance to permit subdivision of a proposed 52 unit townhouse development on a site located at the southwest cor- ner of Murrieta Boulevard and Pine street has been submitted by Compla Corporation (H. C. Elliott, Inc.) and upon the applicant's request set for discussion at this time. Mr. Musso stated the plan being presented is for property zoned RG-16 and the proposal is for subdivision into single family lots in clus- ter form. In order to do this the developer is applying for a variance. The plan submitted conforms to the RG-16 zoning regulations; the issue is the request for subdivision to permit single family resi- dential and thereby puts different zoning requirements into effect, and is the reason it is before the Council for a variance. As far as the Planning Commission is concerned this unit is strictly the difference between a single family subdivision and the needs of the subdivision and a multiple family development; the difference being essentially the number of bedrooms and the percent of land devoted to the automobile. Townhouse development is geared to not as much family as single family residential, but larger than typical apart- ment family. The other problem the Commission saw was more space is devoted to driveways and access than on comparable multiple. On multiple the driveways and parking are centralized and not spread throughout the site. The final conclusion was if someone wants to subdivide and sell single family lots, they are willing to forget the Rs-4 requirements, and in the RG zone, if they want to build single family to conform to the Rs-4 requirements, they are willing to grant the variance to that; however, the Commission felt there should be a lesser density because of the higher concentration and several Commissioners came up with a formula that amounted to about 10 d.u./acre. Since this application was in excess of the 10 d.u./ acre, they denied the variance. There followed a discussion relative to the density comparison after which time, Mr. David Madis, representing the applicant, stated that the Planning Commission is seeing this as single family residential, and it is not; it is the same type of project as an apartment complex. The only difference between this and RG-16 is that they plan to sell the homeowner his own piece of property: he will hold fee title, will gain the tax advantages, and can take pride in home ownership. When they say this is a question of comparison to Rs-4, they are misstating that question. He further stated that the Planning Commission did not like the density, they don't want the development; they don't want RG-16; and they disagree with how the property is to be used. They are saying they want to reduce the density by some 18 units below what it would be under RG-16 and felt that would more than compensate for any additional paving. Mr. Bob Hayes, president of Compla Corporation, planners for the development, ran briefly through several slides showing the basic approach to the environment they were looking to as far as open space, in particular. He commented that parking is not related to CM-23-24 May 4, 1970 single family or multi-family, in his opinion, but how you relate the automobile to the par- ticular resident. He, too, stressed that their plan is not similar to a single family project, but to a multi-family project. The most important aspect of the entire development is that it combines the advantages of home ownership with the advantage of a totally secured kind of project. He indicated that the approach was different from Kaufman & Broad as each unit has a one-car garage. The other big difference is that the private areas are located adjacent to the private common areas. (Appeal re Variance Compla Corp.) Councilman Taylor questioned how they arrived at the parking space requirement which was explained. When Councilman Taylor questioned whether or not the garage might be used for other than parking, he was advised by Mr. Hayes that there could be deed restrictions in this regard. Councilman Taylor stated he did not feel the parking requirement was reasonable because when the Kaufman & Broad representatives talked to the Council, they talked about parking requirements being less, but they were always where pub- lic transportation was available, and was advised that if 3 to 1 parking were provided, it would be filled and garages would be converted, so they could put in a restriction. Mayor Silva asked if the parking restriction could be placed as a condition, and was advised by Mr. Musso that it is a variance and is very common for a deed restriction to be set forth as a requirement, however, whether or not they could keep them from parking a boat in their own garage is another thing and is not too reasonable, so they could do so and park their car on the public street, which a deed restriction could not cover. Councilman Taylor felt that no justification had been stated that adequate parking has been provided for in the plans, however Mr. Madis stated they have increased the parking by a percentage of .5 over the multi-family residential and felt this would be ade- qute; they would be willing to meet the 2 to 1 parking on site if the Council felt this should be done. Mr. Hayes stated that the homeowners association would handle any complaints re parking, and he felt the Council was anticipating problems that would not exist. Councilman Miller stated if there is not enough room for more parking in the plans, the answer is that the density is too high, which was a point made by the Planning Commission. As far as parking on a public street, this is not for the convenience of the homeowner, but rather for visitors, and there have been a number of complaints in apartment areas that parking standards are not high enough because there are so many cars parked on public streets. Councilman Beebe asked if there was a density transfer involved to come out with 4.2 d.u./acre, and Mr. Musso stated there was actually a little density transfer, and the justification for this zoning was the fact that Mr. Elliott had built two major streets and a collector street, and when the density was computed, it was found that the density was significantly lower than it would have been in a normal subdivision, and also for several other reasons which is not an issue here. Councilman Beebe stated he liked the idea of the units being owned by individuals, and it also met the price needs that the City is in need of for young married couples. Councilman Pritchard stated that previous Councils have been cry- ing for something like this for a long time, talking about town- house type developments to meet these needs; and secondly, there are a lot of people who would like the benefit of home ownership, but do not want to do a lot of gardening or repair work and he felt we should start somewhere, and this would be a good place to start to see how townhouses would go in Livermore. CM-23-25 May 4, 1970 (Compla Corp. Councilman Miller agreed that the cost of housing -Variance) was a common argument, but the same can be made for townhouses and cluster development at substan- tially lower density, and it was the intent of the Council to encourage cluster housing but not at 16 d.u./acre with no compensating open space. Further, the community has tried for twenty years to upgrade the standards for single family housing, and he felt this was a step backwards, and would transform apart- ments which have fewer children into an intermediate form of single family housing which has more children, and asked where the children would go to school as this particular area cannot handle the chil- dren already there and felt it would worsen the present school crisis. Councilman Miller stated there were petitions in opposi- tion to the development because of this reason and the effect on their properties. Mr. Ira Dawson, 909 Norfolk Road, voiced his protest to the develop- ment, as he felt it was being situated in the middle of $25,000 to $30,000 homes. Mr. Madis stated they were discussing private ownership vs. corporate ownership. He pointed out there would be an increase of value on property, and this would be for young couples who cannot afford to buy a single family home , and this would be for older couples who want to get away and not have a yard to worry about. Mr. Al Richards, 651 Brookfield Drive, asked if there were any figures concerning the impact of the children between the two different de- velopments, and was advised that from figures given it would be lower than .7 and it would be only a guess as to how many children there would be. Councilman Taylor again brought up the fact that the density was too great, parking not adequate, and although it is a good design, he would not wish to have many developments like this in the City and this proposal might set a standard, and would oppose it. Mayor Silva stated he thought of the development as a low density multiple in an area where people can purchase a living unit at a proposed cost of $17,500, which they cannot do anywhere else in the City, and felt the Council is obligated to the citizens of Livermore to provide the full range of housing, and if they deny this town- house on the basis that density is too much, then they are saying they do not want townhouses in Livermore. Councilman Miller stated there was a house selling for $19,500 in this same development, and they are proposing here more than three times the density with a reduction of only $2,000, so ques- tioned the advantage, and felt the argument for low cost housing is a fallacious one~ second, it has been shown that you can take land zoned 4 d.u./acre and cluster the housing and still leave the extra open space available to the people. Councilman Miller made a motion to continue the matter for two weeks, seconded by Councilman Taylor. His suggestion for the continuance was to get together with the Planning Commission for a joint discussion as they have studied townhouse development in detail. Councilman Beebe stated if they could build a house in this price bracket, why haven't they been built since people need homes in this price range, and Councilman Pritchard stated he felt there was a philosophical difference between him and the Planning Com- mission, on this issue. Councilman Taylor stated this was not a question of low income housing vs. not low income housing in this particular development. Mr. Musso explained the Planning Commission had concluded as a re- sult of recent applications, there should be a new ordinance to cover this type of development and they have prepared a draft, but have not acted on it as they want to look at some townhouse developments to see if they fit. CM-23-26 A vote was then taken on the motion to continue and failed by the following vote: May 4, 1970 (Compla Corp. - Variance) .-. AYES: NOES: Councilmen Miller and Taylor Councilmen Beebe, Pritchard and Mayor Silva Councilman Miller then made a motion, which he believed would be futile, but believed they have a basic responsibility for the interaction of their approvals and what the City does with the schools, and a responsibility for maintaining standards for the single family of the City and a major responsibility for not in- creasing the density of children who will need schools and other facilities and these responsibilities to protect the present citizens override the desire of the developer to get the best possible financing, and moved to deny the appeal by supporting the Planning Commission's recommendation for denial for the reasons listed, however the motion died for lack of a second. Mayor Silva made a motion to approve the variance mentioned in Item 1 of the Planning staff's report to reduce the frontage yard from 20 ft. to 0 feet to allow dwelling units on individual lots to have a zero front yard, but it should not allow encroach- ments on Pine Street or Murrieta Blvd. Item 2 is to reduce the side yard for 2-story from 50 ft. to 15 ft. There appears to be no need for this variance adjacent to existing single family dwellings to the south and east where I-story units are proposed. Staff recommendation is for denial based on plan and because of necessity to preserve the setback between single family detached homes and the greater mass of a multiple or attached structure. Items 3 through 8 are necessary to allow this type of develop- ment. The parking should be two per unit on site which has been agreed to by the applicant, and also to require restrictions re- garding boats, campers and trailers by deed restriction. The motion is to include the findings and all conditions to approval as recommended by the Planning Staff. The motion was seconded by Councilman Pritchard and passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller Mr. Musso stated that the applicant did not agree with all condi- tions, and Mayor Silva stated that if they did not agree, then they would have to continue the matter. At this time the appli- cant stated they could work out the conditions with the Planning Department; however, Mr. Madis stated there was only the one condition they had not agreed to and that was in regard to park- ing, and it was agreed at this time that there would be two spaces to each unit, one of which is to be covered. * * * A THREE MINUTE RECESS WAS CALLED. ALL COUNCILMEN WERE PRESENT WHEN THE MEETING RESUMED. * * * The Public Works Director reported to the Coun- cil on a request from Humble Oil Company for confirmation from the City that two driveway accesses will be allowed along Murrieta Blvd. Mr. Lee explained that Humble Oil has plans to realign their station at the corner of Portola Ave. and Pine Street and prior to completing this transaction they want to know if they can also have access to Murrieta Blvd. Past action of the Council has allowed driveway access to the Shell Station on the opposite corner. Humble Oil has enough frontage to meet the criteria for ACCESS ON MURRIETA BLVD. - HUMBLE OIL CM-23-27 May 4, 1970 (Access - Humble Oil) two driveways and discussion followed regarding the effect on traffic conditions. Mr. Lewis pointed out that access could be denied if it were determined access created a dangerous situation. Councilman Taylor felt there should be only one driveway. Council- man Miller then made a motion to allow an amendment to the sewer connection agreement to allow one access, however, he withdrew his motion and the matter was continued for one week, and Mr. Lee was directed to present a site plan when the matter is considered further. RESOLUTION DEL VALLE meeting so more fully * * * Consideration of the Planning Commission's resolu- tion endorsing the state Environmental Quality Study Council's resolution regarding the Del Valle Reser- voir development was continued from the previous that the Council could study the State's resolution before taking any action. Mayor Silva made a motion that this proposal be referred to the Valley Planning Committee for a decision which could be considered for endorsement by the Council. After discussion of such action, Councilman Taylor seconded the motion, and it was approved unani- mously. Dr. Donald Watson, 987 Via Seville, pointed out that the resolution being considered is, in effect, a directive in the first part and policy in the second part. He did not feel it was appropriate for the City to take any stand at this time. Mr. Parness was directed to see that copies of the resolutions were in the hands of the Valley Planning Committee. PORTOLA AVE. ANNEX. NO. 4 REZONING PORTOLA AVE. ANNEX NO. 4 * * * Mr. Parness asked that consideration of the rezoning of Portola Avenue Annex No. 4 be continued until June 22, so that the majority property owner can be present at the hearing. On motion of Councilman Beebe, seconded by Councilman Miller, the rezoning was continued until June 22, and the motion was approved unanimously. * * * Mr. Parness reported that annexation agreement for 82 acres of undeveloped land in this annex area is unsigned at this time. It is necessary that there be no further delay in the signing of these agreements and Mr. Parness asked that the Council allow two more weeks for these agreements to be signed, and if such is not com- pleted by that time, it will be necessary for the ordinance of annexation to be read for the second time which will effectuate the proceedings; then de-annexation proceedings would have to be insti- gated for those properties not signed. This procedure was agreeable to the Council, and the matter was continued until May 18. WATER RECLA- MATION PLANT DIKE * * * The Public Works Director has recommended to the Council that a motion be adopted to transmit an application to the California State Department of Aeronautics for state funds to relocate the dike at the east end of the runway at the municipal airport. Mr. Lee stated that the state requrres about eighteen months lead time in allocating funds; this project is mainly a safety item. CM-23-28 May 4, 1970 A motion was made by Councilman Taylor, se- conded by Councilman Beebe, to accept the recommendation of the Public Works Director that an application requesting these funds be submitted to the California state Department of Aeronautics and the motion passed unanimously. (Water Reclamation Plant Dike) * * * The Public Works Director reported that two bids had been received for the modified con- struction of Quezaltenango Parkway. The bids received are as follows: QUEZALTENANGO PARKWAY BID Engineer's Estimate $31,365.75 29,896.66 31,768.76 G. M. Labrucherie & Assoc. Bleily & Collishaw, Inc. On motion of Councilman Beebe, seconded by Councilman Miller, the bid was awarded to the low bidder, G. M. Labrucherie & Assoc., Inc. for the construction of the Quezaltenango Parkway. * * * A letter has been received from the Sister City SISTER CITY Committee regarding a 1970 visitation to Quezal- VISITATION tenango, Guatemala. Mr. Lee stated the committee would like to have a visitation by a member of the committee and, most importantly, by a member of the Council. This visit needs to be yearly to keep interest and to see that the program moves ahead. Therefore, the committee asks that $700 be budgeted for this project. On motion of Councilman Taylor, seconded by Councilman Pritchard, the expenditure of $700 for a visitation to our Sister City was approved unanimously. * * * A joint powers agreement has been executed by the cities of Livermore and Pleasanton, VCSD and Alameda County for formation of a Board of Governors to administer the transit study con- tract. It is recommended that the City Manager be appointed to represent the City on this Board. APPOINTMENT - BUS STUDY On motion of Councilman Pritchard, seconded by Councilman Beebe, pnd by unanimous approval, the City Manager was appointed in this capacity. * * * ORDINANCE NO. 708 MUNICIPAL CODE AMENDMENT ORDINANCE AN ORDINANCE REPEALING SECTIONS 18.20 THROUGH (Repeal Sec. 18.20 - 18.56, INCLUSIVE, RELATING TO REGULATIONS CON- 18.56) CERNING DRAINS AND LATERAL SEWERS OF CHAPTER 18, RELATING TO SEWERS, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Beebe, seconded by Councilman Taylor, and by unanimous vote of the Council, the second reading of the ordinance was ~!aived, and by the following vote the above Ordinance was passed: AYES: Councilmen Beebe, Taylor, Miller, Pritchard and Mayor Silva NOES: ABSENT: None None CM-23-29 May 4, 1970 MATTERS INITIATED BY COUNCIL (Trailer Parks) (Townhouses) (Transfer of Density) (Service Station Signs) Councilman Beebe said he would like to hAve the staff study whether deed restrictions can be required as to age limits for residents of trailer parks, and whether in lieu payment can be required to make up loss of revenue in case there are children. * * * Councilman Beebe recommended that the Council meet soon with the Planning Commission in regard to town- house concept, and in particular, the price range of townhouses selling in other Bay area cities and the density at which they are allowed. * * * Councilman Beebe asked what was being done in regard to the transfer of density question. He was informed that Mayor Silva and Mr. Musso are working on an ordinance in this regard. * * * Mayor Silva stated he had received more complaints about the temporary price signs which are being used by some of the stations. Mr. Musso informed him that most of these temporary signs will begin to be abated May 1st; now it will be a matter of enforcement. * * * (Committee Mayor Silva stated it had been suggested to him that re Restaurant a committee be formed to try to locate someone to at Golf Course)operate a restaurant to be located at the Golf Course. This committee would be advisory to the City Manager and the suggestion was agreed upon. MATTERS INITIATED BY STAFF (AB 1271) ADJOURNMENT CM-23-30 * * * The City Attorney, Mr. Lewis, expressed his thanks to Councilman Miller and to Assemblyman Carlos Bee and others who worked for passage of AB 1271. Councilman Miller suggested that the City write to Assemblyman Bee and Assemblyman Knox, expressing appreciation for their help and courtesies while in Sacramento. * * * There being no further business to come before the Council, the meeting was adjourned at 11:59 p.m. to an executive session to discuss the employees' union propos for ncreases. APPROVE ATTEST * * * Regular Meeting of May 11, 1970 A regular meeting of the City Council was held on Monday, May 11, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:00 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * Dr. John Shirley, president of the Board of the Y.M.C.A. introduced Mr. David Knapp, who presented a brief slide report showing the basis of their beginning here in trying to arrive at some solutions to the problems of the Valley youth. The Y.M.C.A. is headquartered in a house at 4th and J streets, which has been cleaned and painted by sixty to seventy Junior High and High School students, and with the help of some of the parents, and it is planned to have open house this Sunday. It is also planned to go ahead with the same idea in Pleasanton. The slides also showed many of the trips made by Y.M.C.A. groups. SPECIAL ITEM (Y.M.C.A. ) * * * Mr. Glen Otey, 471 Ontario Drive, spoke rela- tive to the Council's concern for open space, and stated that Granada High School, Mendenhall School, Max Baer Park and Emma Smith School are rapidly deteriorating into motorcycle rinks. Proper action is not being taken to abate this nuisance and it is a danger to the children. He asked the Council to give some emphasis to enforcing the law. OPEN FORUM (Motorcycles) Mayor Silva stated there was an ordinance prohibiting such use, and Mr. Lewis urged that the police be contacted whenever there is someone riding motorcycles in the school grounds so they can be cited. * * * Mr. Clarence Hoenig, 588 Tyler, stated he had (AB 1271) testified in Sacramento in regard to AB 1271 and thanked the Council for their support of the bill and Mr. Lewis for his representation in this matter. However, the bill did not get out of the committee; it was opposed by the developers and the State Board of Education. He stated Liver- more has grown at the rate of 570 houses per year and at the end of April there were 155 new building permits allowed, which indicates that this will be another average year. Mr. Hoenig told the Council that the School District has about a $11 million debt which is being retired on .80/$100 tax. At present 44% of this money goes for interest; he had asked the assembly if this was any way to build a community of schools since so much of the tax paying dollar is going for interest. The School District is absolutely dependent upon the State school building program since we are limited to 10% of our local assessment and bonds. The State is not providing money and it is not expected to be able to do so. He stated there were three actions brought out at the hearings which the Council could take: 1. Local developers should be called upon to support AB 1271 or present acceptable solution to the problem; 2. During the hearing it was learned that some of the local developers have been using misleading advertising in regard CM-23-31 May 11, 1970 (AB 1271) to the schools in Livermore. Home buyers are not aware of the school situation. This form of ad- vertising should be stopped or else the business license suspended. 3. other communities have called a halt to building until schools can be built. It was brought out at the hearing that if the local government was really concerned, the same could be done. A solu- tion must be found. (AB 1460) (Schools) (Campaign Disclosure) * * * Celia Baker, 541 Bell Avenue, asked the Council to support AB 1460 so that Californians will not be required to fight in undeclared foreign wars. She stated that the same bill was passed in Massachusetts and signed by the Governor. * * * Lucien Maccario, 1320 Anza Way, said he had read in the papers about the applications to build apartment houses and asked where the additional children would go to school. His boy would be in double sessions for two years. He felt schools should be built before the houses. * * * Ernest Plechaty, 482 Pomona Court asked that Council- man Beebe refrain from voting on any item until he complied with the spirit and intent of City Ordinance No. 696, which is the campaign funds disclosure ordi- nance. Mr. Plechaty stated the spirit and intent of the ordinance is clear and stated that if elected officials do not comply with the laws, then how can children and young adults respect the laws. The City Attorney stated that the ordinance and State law both re- quire that each candidate file a statement of campaign income and expenditures. Mr. Lewis stated that to his knowledge Mr. Beebe had done this. Further, if Mr. Plechaty was concerned about a committee which had supported Mr. Beebe, a statement from a committee is not required to be filed until thirty-five days after an election; there- fore, as a matter of law Mr. Beebe is not required to refrain from voting. Mr. Plechaty replied that he was more concerned with the spirit of the law rather than the letter of the law, and he felt certain parts of the ordinance should be rewritten, particularly a definition of "committeef1. Mr. Lewis was directed to look into this matter and report to the Council. (Park Dedication) * * * Mr. Masud Mehran stated the dedication of the park in Sunset East to the City is now completed. The park has been improved and is being used; the final loan payment by Sunset Homes has been made to the title company and the last payment of $10,000 will be sent to LARPD, making a total of $25,000, interest free loan for a period of four years. PUBLIC HEARINGS CM-23-32 * * * The three scheduled public hearings were continued until later in the meeting in order that the Council could consider the items on the Consent Calendar at this time. * * * On motion of Councilman Taylor, seconded by Councilman Miller, the minutes of the meeting of May 4, 1970, were approved as presented. * * * CONSENT CALENDAR A written communication was received from Mr. Robert S. Allen, stating suggestions for im- provement of railroad locations and crossings. * * * May 11, 1970 MINUTES Communications (Railroads) A communication from the Concerned Parent Group (School Housing) on school housing problems was received and this item was removed from the Consent Calendar for discussion. * * * A report was submitted by the Public Works Di- rector recommending that the improvements to Kathy Way, adjacent to Kathy Way Park, be accepted by the City and that the cash bond be released. * * * An application for an exempt business license was approved for the Church of Jesus Christ of Latter Day Saints to sell snow cones and punch on June 13. * * * Report re Kathy Way Improvements Exempt Business License Seventy-four claims in the amount of $52,134.14 Payroll and Claims and two hundred forty-nine payroll warrants in the amount of $70,508.11, dated May 7, were pre- sented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Taylor, seconded by Councilman Pritchard, the items on the Con- sent Calendar were approved unanimously. * * * Approval of Consent Calendar Mr. Alan Dishman, 1131 Innsbruck, spoke to the communication received from the Concerned Par- ent Group, regarding the critical lack of school space, which has a detrimental effect on the children of this community. According to the Livermore School District, the District will be short twenty-five classrooms as of September, which means fifty classes will be on double sessions. The earliest possible date to acquire portable classrooms would be November if the July 21st tax election passes as orders must be placed by June 1st to have delivery in time for the opening of school. The Concerned Parents Group plans to ask each build- er in the City for help since he is a part of the community and has a responsibility to help solve this problem. The City Council was requested to again discuss the problem with the builders and to investigate the possibilities suggested by Assemblyman John Knox and other Assemblymen at the hearing on AB 1271. The Assemblymen at that time suggested that the City may deny building permit requests temporarily until the School District can assure schools will be available. Therefore, the group asked that the master plan be adhered to so that this problem can be avoided. SCHOOL HOUSING PROBLEM CM-23-33 May 11, 1970 (School Housing) The City Attorney told the group and the Council that the City is limited in regard to its action on subdivision maps. At the time Assemblyman Knox made his remarks, Mr. Lewis stated that he was under the impression that there was nothing in this line the City could do. On February 9, 1970, Mr. George Murphy of the Legislative Council informed Mr. Lewis that except for Section 11525.2, there was no way through the Subdivision Map Act that school dedication could be required of a subdivider. This opinion was based on sev- eral cases. Mr. Lewis explained that Section 11525.2 allows agencies such as cities, to draft ordinances allowing the reservation of school sites for a period of time and then to demand that such site be sold to school districts, but this applies to subdivisions of 400 lots or more. Mr. Lewis further stated he did not believe the Council has the power to deny a subdivision map on these grounds. LaVerne Cave, 1055 Laguna street, felt the people of Livermore could be creative in solving this problem and stated that the schools need $175,000 to have the space to eliminate double sessions. The Con- cerned Parents Group was asking that the Council meet with the de- velopers and the school district to work out some way to finance this amount to eliminate double sessions by June 1. Mrs. Cave read some endorsements from various PTA groups. She spoke in regard to the Emma C. Smith School which consists of eleven portables on un- developed park land for five years, yet new homes are being built in great numbers. Developers should not be allowed to ruin the whole educational system in Livermore. Celia Baker, 541 Bell Avenue, spoke about conditions at Emma C. Smith School in particular. She suggested that a sign be erected at the model homes and entrances to the City stating that there is no room in the schools for home buyers' children. She felt that the Chamber of Commerce booklet contained false information about the schools. Bartel Spinella, 953 Florence Road, felt .that this problem was affecting the total development of Livermore. Three companies have looked at Livermore recently as a potential site for building and developing, but have made negative comments about Livermore and the school system. This situation has existed for many years and he felt the priorities of the town have been diverted to other things for too long a time; the City should begin thinking about its children. Kenneth Bandtel, 1352 Kathy Court, felt we have arrived at the point where some action should be taken to stir matters up so that this problem can be solved. Mr. Bob Allen, 223 Donner Ave., said he had made a proposal some time ago suggesting that a study be made of assessment district financing for schools in new areas which would relieve the burden of general obligation bonds. He felt this was a method of financing worth studying. Mayor Silva said he felt a number of good suggestions had been made and another meeting with the developers should be planned to try to resolve this problem. Councilman Taylor stated the City has been informed that it cannot contribute money. The question is whether the developers can loan the money and the meeting should be set up with this objective. Councilman Miller indicated that similar requests had been made for the last five years. He did not feel local government has to let this happen to the community; local government has the responsibility to protect the people. At the previous meeting the developers had promised to support a legislative measure, but did not do so when AB 1271 was presented. There are possibilities that the City can CM-23-34 May 11, 1970 use its police powers which allows the City to do (School Housing) things for the health, welfare and safety of the people. If the developers cannot help solve the problem, then building permits could be withheld. He felt that something should be done even if it requires a court action. The Council felt that a meeting should be held within the next week or so with the developers and the School District. * * * RECESS AFTER A BRIEF RECESS, THE MEETING WAS CALLED TO ORDER WITH ALL COUNCILMEN PRESENT. * * * An application for rezoning of the northeast corner of Holmes Street and Concannon Blvd. from Rs-4 (Residential) to RG-16 (Suburban Multiple Residential) District was received from M. R. Mehran and is the subject of a public hearing. PUBLIC HEARING RE REZONING NE CORNER HOLMES ST. AND CONCANNON BLVD. The Planning Director reported to the Council that this was a 14-acre parcel and the Planning Commission recommended denial by a 2-1 vote for the following reasons: 1. Rezoning does not constitute a density transfer; 2. Rezoning would result in increase in density over the 4.2 in the General Plan; 3. It would conflict with the intent of the original zoning of the property under which maximum density is not allowed to exceed 4 d.u./acre and existing development will preserve and protect the residential character of the area. Mr. Musso stated that the General Plan indicates 4.4 d.u./acre about the time it was annexed and subsequently the subject pro- perty was zoned at RL-7 with 4.2. d.u./acre density. The pro- blem is deciding whether density should be based on overall density or just that portion of the Hansen Ranch area. The old Granada area was developed at 4.8 d.u./acre and with the multiples increased to 5.3, the Hansen Ranch area as presently developed and approved is 3.9 d.u./acre. That is the main acreage involved; it is RL-7 and is under a PUD. Councilman Taylor questioned the overall density as it is now and if the present application were approved" a.n.d was advised ~.. -/0' it would be 4.4 d. u. /acre. /' v, ..()/~/ . -- 4--)!? !cr;J6 l ~ ,(:lJfD.-.-,/Y(..I. ;i-ff-.. ~ .{. <J.u~...t_, . 1 .. J ,) U J)../. ?1:.J . .~ I Mayor Silva opened the public hearing at this time, and Mr. i!..t...t:.;5~'t'. Burke Critchfield, representing the applicant, stated that last q September he represented his client and attended the joint meet- ing and offered his help and assistance in attempting to solve the problem that the community faces relative to the school sit- uation, and felt that the problem cannot be laid only to the developers as there are many causes for it. They are anxious to meet and help solve the school problem as it hurts their development as well as the City, and he wished to reaffirm their interest and concern. Mr. Critchfield continued that last summer they had come before the Planning Commission with a plan, including a service station, racquet club, and some multiple and after the hearing withdrew their application and had submitted a new design and proposal for multiples with a density transfer. There are a number of acres on the corner that would be for a park, swimming pool, tennis courts and a putting green - over three acres which would CM-23-35 May 11, 1970 be maintained by the owner/applicant. Their posi- tion in asking for multiples is based partly on the staff report (five points) and they feel they qualify under three - one of which is a need, as the demand for single family homes has decreased. They can ask for a restriction of either young families without children or older families with no children in order not to create more problems as far as schools are concerned. The multiples would act as a buffer from the shopping center, and the third reason is density transfer and he explained their reasoning along this line. (Public Hear- ing, Holmes and Concannon) Mr. Lee Syracuse, 1206 College Ave., Berkeley city planner, had recommended the change of zoning because it would not be spot zon- ing as the site faces a shopping center and Holmes Street is a major motor artery and city planners prefer that multi-family de- velopments have access to a major street. All internal roads and parking areas are owned and maintained by the developer. If de- veloped as now zoned there would be public streets which would have to be maintained by the City. The proposed development will be an "adults only" development thus freeing the city of Livermore from the burden of school age children, and Livermore will gain in tax dollars. Mr. Archer Futch, 1252 Westbrook Place, was not present at the Planning Commission meeting and asked to be able to state his views at this time, and indicated that he had come up with a density of 4.7 in his calculations. He stated that design has never been a negative factor, however, with regard to this application he was concerned with the violation of two planning principles. First, the proposal does violate the general plan which proposed this area to be low density residential of 4.2 d.u./acre and if density trans- fer is allowed, then the general planned density, averaged over PUD No.6, is still violated. In looking at the map one observes that the applicant does not want to include Old Granada in the cal- culations, although from a planning viewpoint it is irrelevant who filed the old subdivision map in Old Granada, and it should be pointed out that Sunset Homes built the majority of houses in this area. The second planning principle violated is that of allowing density transfers from previously developed maps in which the max- imum density allowed was not obtained. One reason for zoning is to protect the investment of citizens in the community in which they have purchased homes. To allow this procedure could allow multiples in an undesirable area for which they have not been planned. The right for density transfer from previously developed tracts has been denied other developers. If the present development re- sults in standard apartment buildings, then there would not be an increase in the school age population, however a week ago a variance was granted without a public hearing at Council level to allow con- struction of townhouses on land previously zoned for multiples, which action significantly increased the number of school age chil- dren from this subdivision and a similar action could increase the number of school age children in the Sunset area. Considering the air pollution and other environment problems in the Valley, together with the serious school problem, he did not feel the citizens of this community desire developments which increase the general planned density as proposed in this application. Mr. E. A. Quarterman, 2284 Evans street, mentioned the fact that he was an early planner in New York when all planning details were based on professional engineering. He had maintained anaccredited weather station for the Livermore Valley under the Department of Commerce between 1959 and 1967, and has noted a progressive deter- ioration of atmosphere in the Valley, and gave facts and figures relative to cars producing smog. He felt allowance of more apart- ments in the area would add to the smog producing conditions and be detrimental; renters would commute to their jobs and thus add to the smog; therefore, he requested denial of the application. CM-23-36 May 11, 1970 Mr. Lucien Maccario questioned whether people living in the apartments would be forced to move when they had children. Upon question of the Council, Mr. Lewis stated enforcement of I1no childrenl1 rule would depend upon the terms of the lease. (Public Hearing, Holmes and Concannon) James Baumgartner, 1565 DeLeon, voiced strong opposition to the rezoning request. He felt most homeowners in the Sunset East area were opposed to such development. People who had bought homes in this area had done so with assurance from the developer that it would be an area of prestige with single family dwellings. They had also been told that adequate schools were available, which certainly was not true. Approval would aggravate serious problems faced in this area in regard to schools, density and smog. James Liptac, 1154 Innsbruck, told the Council that, in effect, they were being asked to change the law in Livermore since zon- ing ordinances may be considered as law. When the Council makes its decision on this issue, they will have the opportunity to take a stand against increased density. Voting against the change in zoning would be the Council's chance to help solve the problem of inadequate schools. Pat Sherry, 1746 Serenidad, did not think single family homes would have fewer children than apartments. The apartment com- plex as designed would provide good facilities such as a swim- ming pool and tennis courts and would provide a tax base for all of Livermore, which would aid the school system. Mayor Silva stated that a letter had been received from Mr. and Mrs. David A. Garliepp, 1111 Cataline Drive, expressing their approval of the rezoning. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to close the public hearing, and approved unanimously. Mayor Silva felt the question before the Council was strictly one of density transfer, and the Council should discuss this question in order to formulate policy. Councilman Taylor questioned the various calculations for density in the area. Mr. Musso pointed out that Mr. Critchfield's figures probably included the school sites, which are not ordinarily counted. Mr. Futch's figures probably did not include the park sites, which mayor may not be counted in the density. Councilman Taylor felt that in most cases there is a planning reason, in addition to density transfer, for granting multiple zoning. He said he was not against the designed plan as he felt the apartments would be one of the best designed complexes in the area; however, he found no justification for increase in density by rezoning. Councilman Pritchard felt it imperative that the Council consider the whole area in density transfer, which would mean in this case that Old Granada would be considered. Mayor Silva felt different planning units had been established throughout the City; the type of units constructed were not his main consideration, but he thought the density must be maintained, and rezoning this area to RG-IO would increase the overall density. Councilman Beebe stated that he was also against increasing overall density. A motion was made by Councilman Beebe, seconded by Councilman Miller, to accept the Planning Commission's recom- mendation for denial of the application for rezoning to RG-16, for the following reasons: 1. The proposed rezoning does not constitute a density transfer within the intent and spirit of the llRSf1 Zoning District regulations. CM-23-37 ~~(/~1~ .R ~~(!A--L > ?: ~~ ~i:.r~ c;t4~.<It-4/ . 1i,f", .4! M~~,i . c~~ r ~ ' "(J ~' May 11, 1970 ~. ~(PUbliC Hear- 2. The proposed rezoning would result in increase ~ ~nd Concannon) this area by the Livermore General Plan. ~r '3. The proposed rezoning is in conflict with the intent of the ~ I original zoning of this property wherein the maximum density in f'X ~ each stage of ffRS" development shall not exceed the specified den- , ~Sity, in this case 4.2 d.u./acre. 'l ~4. The existing zoning will allow development which will preserve ~ ~and protect the residential character of the area. ~ ~ AYES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ~. 1 N?ES: None J.~ ~ S AFTER A BRIEF RECESS THE MEETING WAS RESUMED WITH ALL PRESENT ~ ~ ~ ~ '13 i ibaUBLIC ~ ~HEARING- ~ CUP FOR . ~ 1,}:~OBILEHOME '<" ~ARK ~ "j.~ (Intermark ~~~Investing,Inc) * * * An application has been submitted by Intermark Invest- ing, Inc. for a Conditional Use Permit to allow con- struction and use of a mobilehome park on property located on the north side of Interstate 580, easterly of Las Flores and southerly of Bluebell Drive. Mr. Musso stated that the existing zoning is RG-IO, and a mobilehome park is allowed under this zoning through a CUP. The factors to be considered in this request are proper location of property in respect to traffic, adverse effect on abutting property, and whether the site is suitable for the use requested. The Planning Commission has recommended denial of the use; however, their recommendation was supplemented with some explanation. The design of the mobilehome park was to provide access to Las Flores and a second access by a street to be constructed from Bluebell southward connecting with Southfront Road. The Planning Commission also considered the results of a study on the tax structure compar- ing single family, multiple family and mobilehome use. This study was presented to the Council and shows that the City comes out favor- ably, tax-wise, with mobilehome parks. Assuming fewer children in mobilehome parks, the school district is not adversely affected; however, another significant factor is whether people without chil- dren should be free from school taxes. Mobilehome parks do not pay their proportionate share of school taxes although they do pay con- siderable taxes in other areas and mobilehomes are not allowed to be counted as dwelling units in applying for school aid. The Plan- ning Commission felt mobilehomes should not be allowed until some of the laws are amended and changes made in school administration. The public hearing did reveal some opposition to this proposal, and this is one of the reasons it was recommended for public hearing before the City Council. The Mayor opened the public hearing at this time, and Mr. Nat Doud, 1035 Marigold Road, representing a group from Springtown which supported the Planning Commission's recommendation for denial stated that, in general, the feeling is that the site is not adequate for the proposed use: the site does not relate to proper use of streets; there will be an adverse effect on the abutting property; the pro- posed use will be incompatible with the General Plan for develop- ment of land north of U.S. 580. Mr. Floyd Hadley, 1534 Bluebell Drive, indicated that a high class (5-star) mobilehome park could be an asset; anything other than a 5-star adult park would be objectionable. A good park would be desirable for several reasons: it could help the golf course; there is need for more members for the association; and it would give Livermore more buying power and taxes. CM-23-38 May 11, 1970 Mr. Earl Kerr, 1654 Hollyhock, stated the appli- cant was not concerned with the betterment of the Springtown area and did not try to beautify their property and asked for denial of the permit. Mr. Fred McLean, 1545 Bluebell Drive, felt a 5-star adult park would be a credit; he had lived in such a development and knew it was a fine development. He explained that a 5-star park was a high standard development that had its own recreation area and there were strict specifications for the type of mobilehomes allowed and facilities required. (Public Hearing- Mobilehome Park) Mr. Clyde Highet, 1317 Hibiscus Way, asked for denial since the park would not help any part of Springtown. David Madis, attorney representing the applicant, stated that an application had been made and zoning granted for this pro- perty for RG-IO. It was known at that time there was an escrow open with Mobile Americana, builders of seven 5-star mobilehome parks, and the intent was to go ahead with this property so they could build a mobilehome park, and now the Council is questioning whether or not they even want a mobilehome park. He felt that their purpose has been very apparent the whole time and that is why this particular piece of property on this particular location was planned out and rezoned. They will, hopefully, have a 5-star adult mobilehome park, but cannot, by law limit it to no children. Other questions that have been asked as far as street circulation is concerned, on behalf of his client, they will accept any reasonable proposal. The piece of property is completely compatible as surrounding land use is not single family residential. Mr. Madis continued that it is essential, if Springtown is ever going to develop and have shopping centers, there must be additional population in that area, and growth such as the motel and the mobilehome park will help to raise the interest of persons running com- mercial businesses to go to the Springtown area to serve that area, Greenville North and the trailer park development. Density will be 8.32 d.u./acre although, under the RG-IO they would be allowed 10 d.u./acre. He felt it was a reasonable location for this type of development, and the community needs all types of housing. Mr. Ron Countryman, Intermark Investing, Inc., spoke to the density transfer brought up earlier and stated that they had transferred density from 4.2 to 2.7 on 112 acres of undeveloped land to amply provide for this zoning. He further stated that the plan has been before four design reviews and this was the result through the planning department, and felt it conformed to the master plan and with the original zoning request as granted. Mr. Kenneth Bandtel, stated he had heard many presentations and they are much the same, and although we cannot stop develop- ment, a decision should be made on behalf of Livermore and its problems rather than on behalf of the benefit of someone else. Mayor Silva stated he felt the Council has always made the de- cision on what is best for all the citizens in Livermore and not for the applicant, to which Mr. Bandtel replied that wasnot his intention to make it seem otherwise. Mr. Earl Kerr asked what the 5-star meant and was advised that to qualify, the trailer had to be at least ten feet wide. Mrs. Celia Baker questioned if eight units per acre were not high, and was advised that they could build apartments at ten d.u./acre as it is zoned for such, but they are applying for a conditional use permit for the mobilehome park at 8 d.u./acre. The City Clerk advised that there is on record a letter from Mr. and Mrs. Paul Stroud of 5218 Iris Way protesting the application. CM-23-39 May 11, 1970 (Public Hear- ing, Mobile- home Park) There being no further comments at this time, a motion was made by Councilman Pritchard, seconded by Councilman Beebe, and passed unanimously to close the public hearing. Councilman Pritchard questioned Mr. Countryman with reference to the design as it had been suggested that a curvilinear design be considered, and Mr. Countryman stated that it was due to the topo- graphy of the site, which was perfectly flat, and it is necessary to have a drop for proper drainage and sewage, so it was not used. Councilman Taylor reminded the Council they were not discussing design, but rather the use, and Mayor Silva replied if the use were allowed, then it would be necessary to go into design. Councilman Miller commented that it was his feeling, and the Plan- ning Commission has pointed out in the past that mobilehomes are planned to (1) get around the building code, and (2) get out of pay- ing taxes. Mobilehomes cannot be used for computing tax for school purposes as you do not count the foundations; if there are children you have a tax loss to the city and he cited instances of other cities who have experienced this type development. Councilman Miller stated that this tax loss was due to the state laws and until they are changed, they should not consider mobilehome parks, and made a motion to adopt the Planning Commission's recommendation for de- nial for the reasons stated in their resolution, and the motion was seconded by Councilman Taylor. Mayor Silva stated he felt there is a need for mobilehomes regard- less of the tax situation as it has been pointed out they do bring in taxes and whether it is the same as an apartment complex, he was not sure, but that if the trailer is purchased in the city, the city benefits from the sales taxes which are considerably more than the sale of automobiles; the property pays a property tax; there is in lieu registration fees which revert back to the city, so they do more or less pay their own way. There are a number of people in the community who are first class citizens living in mobilehome parks - not transients; they are employed in the city and there is a definite need for mobilehomes. There are areas in the city that should be set aside for mobilehomes and. the Council agreed to a study session, so that when they receive these appli- cations, they do not waste everyones time and then say the area is not compatible as they are allowed in an RG area with a conditional use permit. He felt the area is right for a mobilehome park if the conditions are placed upon it agreeable to the applicant. Councilman Beebe stated he would like to see more information on mobilehome parks, particularly the impact of mobilehome parks and and whether or not they are harmful to the tax structure of a city. If they are, he would like to see some ways to guarantee that this would be made up somehow. Without this information, he did not feel he could vote intelligently on the present issue. Councilman Taylor stated he had discussed the tax problem with a developer who was entertaining the development of mobilehome parks and the problem is that mobilehomes are regulated by the vehicle code because they have wheels, but he felt this was a farce because they really are not moved and you cannot move your own into a trailerpark. He suggested that the wheels be left off, and proposed that this be a condition. Councilman Pritchard asked for a point of law from the City Attor- ney, and referred to a statement which had been made that under a conditional use permit children could be excluded from a mobile- home park, to which Mr. Lewis replied he thought it was probable under the terms of the city ordinance, if this were questioned, that a court would say the uses should relate to the development of the property and therefore would conclude it would be very ques- tionable as to whether or not we could include in the CUP whether children were permitted or not. CM-23-40 The motion was then voted on and passed by the following called vote: AYES: NOES: Councilmen Taylor, Pritchard and Miller Councilman Beebe and Mayor Silva * * * The Mayor opened the public hearing re zoning ordinance amendments pertaining to signs, in particular freestanding signs and signs in Industrial Districts. May 11, 1970 (Pub lic Hearing- Mobilehome Park) PUBLIC HEARING RE SIGN ORDINANCE AMENDMENT A motion was made by Councilman Miller, seconded by Councilman Pritchard, and passed unanimously to continue the public hearing for one week. * * * The Planning Director explained that the appli- cation was for a freestanding sign in the Granada Shopping Center exclusive of those already in the center. The applicant contends that the building cannot be seen from the street, however the Planning Commission felt it would be unreasonable to have a free- standing sign for every use in the shopping center that may not be relatively visible in all directions, and their recommendation is for denial as findings cannot be made for granting a freestand- ing sign. CUP - FIRST WESTERN BANK (Freestanding Sign) Mr. Dale Turner, representing First Western Bank, explained that there was to have been someone from the Heath Sign Company at the meeting, and asked for a continuance. A motion was made by Councilman Pritchard, seconded by Councilman Beebe to continue the matter for one week, and the motion passed unanimously. * * * The City Clerk advised that since the City Manager was not present, Mr. Fraser, attorney for the company asked that the matter be continued for one week. REPORT RE PORTOLA AVENUE ANNEX NO. 4 A motion was made by Councilman Miller, seconded by Councilman Beebe, and passed unanimously to continue the matter until May 18. * * * A report was to have been given by the City Manager re aircraft fuel rate increase, and because of his absence, and the fact that Mr. McElroy, a representative of one of the flying clubs, had contacted Mayor Silva and was not aware of the discussion re the increase, it was suggested that the matter be continued for one week. Councilman Miller asked if the Airport Advisory Committee had taken formal action on the price increase and was advised by Mr. Lee that no official action had been taken. REPORT RE AIRCRAFT FUEL RATE INCREASE A motion was made by Councilman Miller, seconded by Mayor Silva, and passed unanimously to continue this item for one week. * * * The Planning Commission has initiated rezoning of an area recently annexed and known as Arroyo Road Annex No.2. The Planning Commission has also initiated amendment of Section 21.00 of the Zoning Ordinance re Special Provisions, and REPORT FROM PLANNING COMMISSION RE REZONING AND AMEND- MENT SEC. 21. 40 CM-23-41 May 11, 1970 (Planning Commission Reports) in particular Section 21.40 re Off-street Parking. It is recommended that these matters be set for public hearing. On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous approval, the public hearings on both matters were set for public hearing on June 1. REPORT RE INCREASE IN PARK DEDICATION FEES * * * The Planning Director and Planning Commission have submitted a report of their meetings re the present inappropriateness of the park dedication fee, and based on their findings have recommended that, pending a reevaluation of park standards, the City take certain action. Councilman Miller made a motion to refer the report to the staff for consideration toward preparing an oridnance and set a hearing for the following week to amend the subdivision ordinance to in- clude changes in the amount of park dedication and possible consi- deration of the development fee. The City Clerk advised that the City Manager had reported that the Recreation District has specifically asked for a meeting to discuss this item and others as well and tentatively suggested the 19th, 20th, 22nd or 26th of May. The Council discussed whether or not to have a meeting before or after the meeting with the Recreation District, and the majority of the Council felt they would rather have a meeting with the Re- creation Board before setting the date for a public hearing, and Councilman Miller, therefore withdrew his motion. A letter re- ceived from the League of Women Voters with reference to the park dedication fee was distributed to the Council at this time. The Council agreed to a meeting with the Recreation Board on the 19th of May to discuss the park dedication fee changes as proposed. MINUTES (Planning Commission) REPORT RE SERVICE STATION ACCESS (Humble Oil Co) * * * The minutes of the Planning Commission's meeting of May 5th were noted and filed. * * * A report was to have been given by the Public Works Director re the Humble Oil Company service station access along Murrieta Blvd. The City Clerk had received a request from the representative of Humble Oil asking that the matter be postponed. Mayor Silva stated he thought this matter should be left to the staff for a decision as to the number of accesses. Councilman Taylor stated his agreement, however the staff raised the question that the Council should amend the sewer connection agreement, and felt it might be involved and design review may enter into the discussion. Mr. Lee advised that the matter could come back to the Council, and the matter was referred to the staff for the decision re the access, after which time it would come before the Council for design review. PROPOSED ORDINANCE RE REZONING (T.J. Green) * * * On motion of Councilman Taylor, seconded by Council- man Pritchard, the reading of the ordinance was waived (title read only), and by the following vote the ordinance rezoning a site located at 5682 East Avenue to RG-IO was introduced and filed: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller AYES: NOES: CM-23-42 On motion of Councilman Pritchard, seconded by Councilman Beebe, the reading of the ordinance was waived (title read only), and by the follow- ing vote the ordinance revising Section 13.50b relating to angle parking was introduced and filed: May 11, 1970 PROPOSED ORDINANCE RE REVISION OF SEC. 13.50b (Angle Parking) AYES: NOES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None * * * The City Clerk advised that there had been four- teen applications received for the position of Planning Commissioner, stating that one appli- cation was from a person not residing in the City, which is one of the requirements, and was asked by the Mayor to write to the appli- cant and so advise him. MATTERS INITIATED BY STAFF (Applications for Planning Commis- sioner) The Council discussed the time of interviews for the applicants, and whether or not the interviews should be public or private; it was decided that the Council would adjourn to a meeting at 6:00 p.m. in the Council Chambers on May 18th, at which time they will be served a lunch, and the interviews will commence at 6:30 p.m., and the Council meeting was set for 8:30 p.m. Mayor Silva indicated that time was of the essence inasmuch as one of the Planning Commissioners had asked for a two month leave of absence which had been granted, and a Commissioner must be appointed before the end of the month. * * * The Community Services Center has written a letter to the Housing Authority Board asking that when the architect designs the facility some consideration be given to space which might be used for tenant services of some kind. After some dis- cussion it was the consensus of the Council they should advise the Housing Authority Board that the City was not allocating space for any organization, but that this had been suggested, and the architect might take this into consideration among other uses in designing the Vila Gulf Housing Project. * * * MATTERS INITIATED BY COUNCIL (Housing Authority) Councilman Miller stated that he had read an item about GSA transferring land at Parks in a land trade, and felt development of Parks AFB is not needed and suggested that a letter be sent to GSA that the land be left as vitally needed open space in the Valley. However, Councilman Taylor stated that some of this land is under the City of Pleasanton's jurisdiction, and it has been suggested that the matter be referred to the Valley Planning Committee. Councilman Miller stated Pleasanton has already sent a letter and suggested that the Council support their stand. (Transfer of Land at Parks AFB) Mayor Silva suggested that the Council representative to the Valley Planning Committee should have the authority to decide a matter such as this. Councilman Taylor suggested a letter be sent to the chairman of the Valley Planning Committee that the item be placed on their agenda. * * * There being the Council to an execu to the You ATTEST ADJOURNMENT CM-23-43 Regular Meeting of May 18, 1970 A regular meeting of the City Council was held on Monday, May 18, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:45 P.M., after conducting pub- lic interviews for the position of Planning Commissioner beginning at 6:00 p.m. * * * ROLL CALL MINUTES SPECIAL ITEM (Safety Award) (Insurance Refund) PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller, and Mayor Silva ABSENT: None * * * On motion of Councilman Miller, seconded by Council- man Pritchard, the minutes of May 11, 1970, were approved as amended. * * * The East Bay Chapter of the National Safety Council presented a "No Accident Award" to the employees of the Water Reclamation Plant. Also a notice has been received that a dividend from the State Compensation Insurance in the amount of $11,634.72 has been earned for the employee safety record for the years ending June 1, 1967 and June 1, 1969. Mayor Silva asked that a letter be sent to the employees of the Water Reclamation Plant expressing the Council's approval and thanks for their safety record, and a general notice re the dividend be placed in the employees paper. * * * Mr. Ernest Plechaty, 482 Pomona Court, stated he had discussed the filing of a financial statement by a group endorsing the candidacy of Councilman Beebe, with Councilman Beebe, who had stated that he had re- quested the committee to comply even though he had not sought their endorsement. Mr. Plechaty urged that Ordinance 696 be amended so that an elected official is not needlessly burdened in obtaining the necessary financial disclosure of this type of committee. OPEN FORUM (Filing of Campaign Statement) (Complaint re Cats) * * * Mr. Ray Hughes, 765 Falcon Way, expressed a complaint about the numerous cats in the City. He felt an or- dinance should be passed to license cats in the same manner as dogs. The City Attorney explained that the City does not presently have an ordinance prohibiting cats or requiring that they be licensed. Mr. Parness stated licensing was for public health and to record ownership. Licensing of cats has never been done successfully. The staff was directed to report on this matter to the Council in the near future. (Wrecked Vehicles) CM-23-44 * * * Mr. Hughes also stated a complaint about wrecked cars about the City, and felt visitors to the City would consider it as a junk yard. Mayor Silva told Mr. Hughes that action had been taken regarding re- garding removal of wrecked autos. * * * May 18, 1970 Mrs. Katie Richardson, 510 Junction Avenue, spoke regarding the designation of May 15, as a memorial day for those policemen slain in recent years. She felt the policemen needed the support of the citizens as they were protecting us and our property; therefore, she felt they should have the right to fly the flag at half-mast in honor of their dead. (Police Memorial Day) Mr. Parness reported on the policy regarding the flying of the flag. In this particular matter flag protocol was involved which is dictated by statute and policy of the Nation and policy adopted by the Council previously (APO No. 23A). This policy stated the flag should be flown in observance of all national holidays, and at half staff when national figures were deceased or when such was proclaimed by the President. A situation had arisen in 1967 when testimony was heard from several groups and private citizens in regard to the manner in which the flag should be flown. This matter had been studied in depth at that time. Two recognized authorities in this re- gard are the Encyclopedia Britanica Library Research Service and United States Flag publication. Mr. Parness read a portion from these sources concerning half-masting of the flag and also read APO No. 23A. The City did not receive any notice or directive in regard to designation of May 15 as Police Memorial Day. After checking with other governmental agencies and in the absence of the Mayor, Mr. Parness stated he had followed the City policy in this matter. Discussion followed regarding lowering the flag in honor of local citizens and specific instances. It was suggested that a City flag be designed to use in such situations. Evelyn Prudhon, 3891 Santa Clara Way, spoke in regard to the honoring of a citizen or former citizen who gives his life in service. Mr. Paul Tull, 2243, Linden Street, felt that observance of Peace Officers Memorial Day indicated that the flag should have been flown at half-mast. The Council asked Mr. Parness to find out why the flag was not lowered at the State Capitol in memorial and to obtain a copy of the resolution proclaiming the memorial day. * * * Mr. Jack Phillips, 551 North P street, felt that (Schools) if the school board gained the confidence of the citizens, the school bonds would be approved. Suggestion of a moratorium by the Council on building only caused the City to lose industry and commercial development. * * * Celia Baker, 541 Bell Avenue, asked if the Coun- (AB 1460) cil had made any decision in regard to AB 1460. The Mayor personally felt that the Council should not enter into a debate on a controversial national issue, and the majority of the Council did not feel they should act on this matter; there- fore, no action was taken. * * * M~. Don Thomas, 746 Meadowlark, spoke as a re- (Presentation) presentative of the San Francisco Electric Club. He wished to publicly and personally commend Mr. Gilbert Marguth for the presentation made to his organization on "Local Government- 1970-The Problems and the Challenge", as he felt it was good pub- lic relations for Livermore. Mr. Thomas offered his services if a committee is formed to research industrial growth. CM-23-45 May 18, 1970 (Valley Ecology center) Mrs. Eve Reeser, 843 No. M street, wished to re- affirm the invitation given to the Council to attend a meeting for the organization of the Valley Ecology Center. * * * PUBLIC HEARING RE ZO AMENDMENT (Sec. 21.70) The public hearing on the Planning Commission's recommendation re Zoning Ordinance amendment to Section 21.70, particularly Sections 21.72, 21.75 and 21.76, relating to freestanding signs and signs in Industrial Districts, was continued from the meeting of May 11th. The Planning Director explained the proposed changes, advising that with reference to the freestanding signs, it was just making legal what has been done in the past. There being no comments voiced from the audience, a motion was made by Councilman Miller, seconded by Councilman Pritchard, and approved unanimously to close the public hearing. Councilman Beebe suggested that perhaps the proposed revision should be referred to the Industrial Committee of the Chamber of Commerce for their review, and Mr. Musso advised that he thought it had been referred to them some time ago, and it had also been reviewed by the Beautification Committee. Councilman Miller commented that the change proposed for the Indus- trial District is less restrictive than the original ordinance and is probably the reason there have been no objections from the Indus- trial Committee. Mayor Silva disagreed with Councilman Miller's interpretation in- asmuch as he had authored that portion of the section which was being deleted, particularly with reference to Sec. 21.75 I. There followed a discussion relative to the industrial signs. Councilman Taylor stated that one problem with the industrial sign- ing was there were no examples to see at the time the ordinance was written, but the Planning Commission has looked at industrial sign requirements in other areas. The Council should keep in mind that loosening restrictions might cause someone to hesitate to make an investment. He did not feel the ordinance was restrictive, and thought the Council should concur with the recommendations of the Planning Commission. Councilman Beebe stated that perhaps they could stand a little more advice on industrial signs as there is no point in putting up artificial obstacles to defeat the purpose of industry coming into the City. Councilman Miller agreed they do not want to put up any obstacles; however, this ordinance was suggested by former Councilman Uthe, who was extremely interested in industry as there have been indus- trial prospects who ask for protection against visual clutter. Councilman Miller stated that if you choose the best standards to start with, it is easy to relax, but if you begin with poor standards, it is hard to upgrade them. Mr. Musso added that previously open land use was not entitled to any sign, and now it was allowed 32 sq. ft. The Council discussed the maximum size of signs and whether 100 sq. ft. was sufficient. The Council also discussed whether a CUP procedure or a request for variance should be followed to allow industries to request more sign- ing. Mr. Musso explained the Planning Commission's action in this regard. CM-23-46 May 18, 1970 A motion was made by Councilman Taylor, seconded by Councilman Pritchard, to adopt the Planning Commission's recommendation for adoption of the proposed amendments to Section 21.70 of the Zon- ing Ordinance, particularly Sections 21.72, 21.75 (Public Hearing re Signs Cont'd) and 21.76. Councilman Miller felt that the Planning Commission's recommenda- tion to amend Section 21.75- I, item 8 "Ill District should be changed to 64 sq. ft. rather than 50 sq. ft. He made a motion to this effect but there was no second and the motion failed. Councilman Miller then made a suggestion that Section 21.72, A.l be changed to read, "a height not greater than four (4) feet" rather than five (5) feet, but there was no support for this change. Councilman Miller further expressed his thinking that in Sec. 21.72 A.7 (b) the height be changed to four (4) feet rather than eight (8) feet. He stated this would be more in line with former Councilman Uthe's ideas. Under Section 21.76-G 8 and 9, Councilman Miller made a motion that Section 9 should read "a height of not more than six (6) feet" in place of eight (8) feet as this would fit in more with the planning behind the sign ordinance to eliminate clutter and very high signs. This change would automatically change Section 8. The Council dis- cussed this proposed change at length but there was no second. Mayor Silva made a motion to amend the main motion by allowing a Conditional Use Permit under Section 21.75-1 for signs over 100 feet. Councilman Beebe seconded the motion to amend, however the motion failed by the following vote: AYES: NOES: Councilman Beebe and Mayor Silva Councilmen Taylor, Pritchard and Miller The motion to accept the Planning Commission's recommendation was then passed by the following vote: AYES: NOES: Councilmen Taylor, Pritchard, Miller and Mayor Silva Councilman Beebe * * * CONSENT CALENDAR The traffic signal project at East Stanley Blvd. and Murrieta Blvd. has been completed, and it is recommended that the project be accepted for City maintenance and notice of completion re- corded by the following resolution: Resolution Accepting Signals at Stanley & Murrieta Blvds. RESOLUTION NO. 70-70 RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE TRAFFIC SIGNALS AT EAST STANLEY AND MURRIETA BOULEVARDS. * * * A copy of a letter has been received from Mr. A. R. Taylor, 135 Vista Street, addressed to the Board of Supervisors in regard to the junk yard on Portola Avenue. Charges have been made against who has been directed to obtain the required permits by of the year or else he must abate the use at that time. Junk Yard - Portola Avenue the owner the end Mr. Ebert Lounsbury of 1747 Portola Avenue, addressed the Council later in the evening with respect to this letter, attesting to the fact that he was conducting a dismantling business in front CM-23-47 May 18, 1970 (Junk Yard) of his property, and stated this was not so, that he found cars abandoned in front of his place, and he calls one or the other of the tow companies who subsequently remove the vehicle. If any dismantling is done in front of his property, he immediately has people cited for arrest, and he is innocent of the charges stated by Mr. Taylor. He further stated that his wrecking yard is in the status of being eliminated as of next October and that the property is up for sale. Mr. Parness was asked to advise Mr. A. R. Taylor of the statement made by Mr. Lounsbury, and felt that he probably had the property lines incorrect. Minutes Departmental Reports Report Re Tract 3195 * * * The Minutes of the Beautification Committee dated April 16, were acknowledged. * * * The following departmental reports were submitted to the Council: Airport - activity and financial - April Building Department - April Golf Course - April Planning Department - March and April Police Department - April Water Reclamation Plant - April * * * The tentative map of Tract 3195 was set for hearing in conjunction with the amendment of PUD No. 3 (Kaufman & Broad) on March 30. In reviewing the minutes it becomes apparent that the Council intended to deny the tract map but no action was taken to that effect. It is, therefore, recommended that the Clerk be authorized to amend the minutes to reflect the intent of the City Council and the applicant is being informed of the correction of the minutes. Public Works Projects * * * A report from the Public Works Director has been submitted to the Council, at the Council's request, in regard to public works projects under County jurisdiction. These projects include the Mendenhall Road resurfacing, preservation of aesthetic qualities along the Arroyo Del Valle, and rocks and gravel along East Avenue. Councilman Miller pointed out that Paul Lanferman's reply regarding the Arroyo Del Valle did not answer our questions and suggested that he be contacted again. Recognition Employee Organization CM-23-48 * * * Official recognition should be granted to the follow- ing employee organizations for the purpose of declaring them a bargaining unit for their respective memberships in the process of negotiating wages and fringe bene- fits with the City: Livermore Employees' Relations Board Livermore Police Association Livermore Firemen's Association The only group that hai been off~cially recognized pre- viously is Local No. 1675, American Federation of state, County & Municipal Employees The following applications were approved for exempt business licenses: May 18, 1970 Exempt Business Licenses Philippine-American Organization - dance May 30 Chamber of Commerce - sale of coke at antique car show May 24 Girl Scout Troop Nos. 176 and 838 - sale of food during Rodeo parade * * * Sixty-nine claims in the amount of $60,029.90, dated May 14, 1970, were presented to the Coun- cil and ordered paid as approved by the City Manager. Councilman Beebe abstained from voting 7378 for the usual reason. Councilman Pritchard cussion and explanation on warrant No. 7371, and that this was for the Civic Award Dinner. * * * On motion of Councilman Miller, seconded by Councilman Pritchard, the consent calendar, including the resolution, was approved unani- mously. * * * Consideration of the application of First Western Bank for a Conditional Use Permit for a freestanding sign had been continued from previous meetings. Payroll & Claims on warrant No. asked for dis- was informed Approval of Consent Calendar CUP- First Western Bank Mr. Musso explained that this sign would be located on Holmes Street just south of the service station; the business will front on Catalina Way and the applicant feels it will not be readily visible from Holmes Street. As the sign does not meet require- ments, a CUP has been requested and the Planning Commission re- commends denial since they felt that erection of the sign at this location was not justified. Mr. Howard Freidman of Los Angeles, representing First Western Bank, stated that Holmes Street is a major thoroughfare; since the bank will face on Catalina and Barcelona, people will have difficulty locating the bank. The sign proposed will be 17 sq. ft. with interior lighting. Mr. Freidman stated banks do not advertise as do other stores, and since it will be located at the rear of the shopping center, will not be visible from a major street. Councilman Miller pointed out to the applicant that present ordinances allow a temporary 30-day sign for grand openings to point out the location. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, and approved unanimously to accept the Planning Commission's recommendation for denial of the permit. * * * A Conditional Use Permit application for an addition to the service station at 2620 First Street has been made by Douglas Oil Company. CUP - Douglas Oil Co. Mr. Musso explained that the addition would add about 50% to the existing structure. The Planning Commission recommends approval., subject to installation of retaining walls to remedy some grade problems and to keep the area to the north debris free. Non- conforming signs now on the premises will be removed. CM-23-49 May 18, 1970 (Douglas Oil) Councilman Beebe made a motion, seconded by Council- man Taylor, to approve the Conditional Use Permit with the conditions recommended by the Planning Com- mission. Councilman Miller made a motion to amend the main motion with refer- ence to A.2 of the Planning Commission's resolution by changing this item to read "Non-conforming signs shall be made conforming to the Sign Ordinance before issuance of a building permit." Coun- cilman Pritchard seconded the motion to amend. After discussion of the possible effect of such a requirement, the motion and second to amend were withdrawn. The motion for approval of the Conditional Use Permit was then passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None * * * REPORT- MAGAZINE RACK LOCATION The City Manager asked that consideration of the re- quest of the applicant for permission to locate a newspaper rack in the sidewalk area along First Street be continued for one week due to illness of the applicant. * * * REPORT RE AVIATION FUEL PRICE INCREASE The consideration of the fuel price increase was con- tinued from the previous meeting. Mr. Parness stated the matter had been discussed in depth with the Airport Advisory Committee who unani- mously recommend adoption of the increase. Mayor Silva advised that a letter had been submitted to Mr. Harry Perl, Chairman of the Airport Advisory Committee, from representatives of the Flying Particles, Livermore Valley Airman's Association and Courtesy Aviation, and copies sent to the Council regarding this matter. Mr. Jim McElroy, 1345 Wagoner Drive, one of the signatories of the letter stated that after the Airport Committee meeting today, they do not choose to oppose the increase, but commented re the operating costs of the airport, and the procedure adopted by the staff in ask- ing for the rate increase, and felt the users should be brought into the recommendation as soon as possible and given information neces- sary to make a decision. Mr. Parness stated that the users are given notice of the Airport Committee meetings, and they do have some people in attendance at these meetings. Mr. Parness further stated there is a forthcoming recommendation for other rate increases at the airport facility, which will be discussed with the users in attendance in two weeks, and they will have advance information the same as the Airport Com- mittee. Councilman Beebe asked Mr. Parness if he could work out some plan to get the airport on a self-supporting basis so it would not be a drain on the taxpayers. Mr. Parness asked if he meant that the City should try to consider indirect effects on the airport through abutting land use - increased appreciation of land values, and stated that, hopefully, something will be done in that regard in the next few years as that is the only way it can be a paying operation. Mayor Silva stated that the rate should be based on competition rather than on profit or loss, and in this case the fuel price re- commendation is approximately average. He suggested that rather than the 47.7 for cn;87 octane and 52.7 for 100/130 octane as re- commended, they should raise the figure .3i to round out the figure to 48i and 53i which would be slightly above the average and made a motion to that effect. CM-23-50 May 18, 1970 Mr. Jim Brians, Airport Supervisor, advised that (Fuel Increase) the recommendation was made prior to the .7i price increase, and the average now is 48i and 53i. The motion was seconded by Councilman Miller. Councilman Taylor felt that since the Airport Advisory Committee had approved the price increase at 47.7i and 52.7i, it should not be raised without another meeting. Councilman Pritchard mentioned that the taxpayers were subsidizing the golf course, which is purely recreational, and airport is also recreational and a benefit to the businesses in the community, and felt there was a difference in this instance. A vote was then taken on the motion which passed by the following vote: AYES: NOES: Councilmen Beebe, Miller and Mayor Silva Councilmen Taylor and Pritchard Mr. Parness asked if the Council would consider delegating to the staff the right to use the same comparative airports, at least annually, to ascertain the current rate being charged and adjust rates accordingly, in order not to have to come before the Council again. Mayor Silva was agreeable to the suggestion, for the staff to set the price to within li of the average. Mr. McElroy was strongly opposed to an automatic increase and felt it should be based on what is being charged to operate the airport. After some discussion it was decided to accept the recommendation of the City Manager with reference to future rate adjustments. * * * AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT. * * * At the City Council meeting of May 4, a status report was made as to Portola Avenue Annex No. 4. At that time two remaining ownerships sub- ject to the execution of agreements had not done so, and the Council concurred in allowing a two week term for the agreements to be executed, and if such had not been accomplished, the staff was authorized to proceed with de-annexation steps. Notice has been received that one ownership has agreed to execute the docu- ments, and Mr. Parness explained at this time the 82 acres re- maining under multiple ownership, which has still not been con- firmed by an agreement. In reply to a question posed by Council- man Pritchard relative to zoning, Mr. Parness explained that the annexation matter is completely distinct and separate and should be divorced from the idea of land use as it is not related to the aspect of City membership. The land cannot be developed until it is annexed and he had discussed this point with one of the owners. It must be annexed to have development potential, and to discuss the possible zoning prior to this administrative legislative act is very improper. The only thing deficient is just that an agreement has not been signed by the owners, and it is Council policy that everybody do so, and the main point of the agreement is the matter of the annexation fee. REPORT RE PORTOLA AVE. ANNEX NO. 4 Councilman Beebe asked about the Coast properties, and if any zoning had been promised them or implied. Mr. Musso stated that the General Plan only is implied. CM-23-51 May 18, 1970 (Portola Ave. Mr. Keith Fraser, attorney, representing all of the Annex No.4) owners of the 82 acres, stated he agreed to every- thing stated by Mr. Parness, except the zoning on the Coast properties which was thoroughly discussed at the Planning Commission level and would be coming before the Council on June 22, and was delayed only because of this 82-acre parcel. He explained the discussions that had been held and their only concern was some highway commercial and some multiple and he stipulated that RS-3 Zoning was agreeable to them. Mr. Fraser went on to explain that about three years ago Mason and Associates came to his client with the idea they would develop the Coast properties and the 82 acres all in one package, and the owners of the 82 acres agreed, and that when the plans were completed they would come before the City Council and ask for annexation. In the meantime several things happened - one was the Livermore Develop- ment Assessment District, and in the Coast annexation agreement there was specific language that they would not oppose the LDC, and the owners of this parcel were not aware of this arrangement, and when finally informed of the proposed assessment amount (since they are living in all parts of the U.S.) they balked a bit and the one time agreement to enter into the annexation differed, and it was realized that no agreements had ever been signed. Also, one engineer- ing company developed the plan for the whole parcel and with regard to the 82 acres they suggested RS-3, and the owners of the subject parcel were not consulted as to its topography; the land is very steep on one side. The owners would like to annex, but they have held the property ten years and would like to sell it for development, and did not agree that the property fits into an RS-3 plan. The owners are not ob- jecting to the annexation fees, but would like consideration on the zoning. He felt the owners would sign the agreement if they were given some favorable intentions from the Council that the pro- perty could be zoned Rs-4. Councilman Taylor stated it did not make sense to say that the topography is too steep and then to ask for higher density, and pointed out that none of the new pieces of property have been zoned higher than RS-3. Mr. Musso stated that the Planning Commission did not consider the plan of Mason and Associates, but went according to the General Plan. Councilman Miller made a motion to proceed with the annexation and delay for one week the de-annexation proceedings, and the motion was seconded by Councilman Taylor and passed unanimously. * * * A report from the Planning Commission and comments from the Building Inspector regarding the proposed change in the Uniform Building Code in respect to signs were submitted to the Council. The Planning Commission recommends placing an eight (8) year limit on all sign permits by amendment of the Uniform Building Code. The Chief Building Inspector recommends that such limitation not be in the Code, but in the Zoning Ordinance. After discussion of the manner in which to handle the time limitation on signs, the matter was referred to the City Manager for study and report and continued for one week on motion of Councilman Beebe, seconded by Councilman Taylor and approved unanimously. REPORT RE PROPOSED CHANGE IN SIGN CODE * * * REPORT RE FIELD TRIP ON CLUSTER HOUSING A report from the Planning Director regarding the field trip to study and observe cluster housing in the surrounding cities was acknowledged by the Council. * * * CM-23-52 May 18, 1970 ORDINANCE RE ORDINANCE NO. 709 PORTOLA AVENUE ANNEX NO. 4 AN ORDINANCE OF THE CITY OF LIVERMORE APPROVING THE ANNEXATION TO THE CITY OF LIVERMORE OF CERTAIN INHABITED TERRITORY DESIGNATED AS PORTOLA AVENUE ANNEX No.4. On motion of Councilman Pritchard, seconded by Councilman Miller, the second reading of the ordinance was waived (title read only) and the above ordinance was passed unanimously. * * * ORDINANCE NO. 710 ORDINANCE RE ANGLE PARKING (Sec. 13.50) AN ORDINANCE AMENDING SECTION 13.50, RELATING TO ANGLE PARKING, OF DIVISION 1 OF ARTICLE V, RELATING TO STOPPING, STANDING AND PARKING, OF CHAPTER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, OF THE LIVERMORE CITY CODE, 1959, TO PROVIDE, WHEN ANGLE PARKING, THAT THE FRONT RIGHT WHEEL SHALL BE WITH- IN 18 INCHES OF THE CURB. On motion of Councilman Beebe, seconded by Councilman Taylor, the second reading of the above ordinance was waived and by the following vote, the above ordinance was passed. AYES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva NOES: None ABSENT: None * * * ORDINANCE NO. 711 ZONING ORDINANCE AMENDMENT (T. J. Green) AN ORDINANCE AMENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS AMENDED, RELATING TO ZONING, BY AMENDING SECTION 3.00 THEREOF, RELATING TO ZONING DISTRICT MAPS. On motion of Councilman Taylor, seconded by Councilman Pritchard, the second reading of the ordinance was waived and the above ordinance was passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: Councilman Miller ABSENT: None * * * The City Manager suggested that the Council meet with the Recreation District on May 26, at 8:00 p.m. A discussion of park prior- ities, means of financing park development, and park dedication is on the agenda. MATTERS INITIATED BY STAFF (Joint Meeting re Parks) * * * A special report has been prepared by the Chamber of Commerce in regard to industrial development. The City Manager informed the Council that he would also have a statement on this presentation shortly. The Council decided to set a hour before the Council meeting prior to the budget discussion of both proposals. REPORT BY CHAMBER OF COMMERCE subject for meeting an session for CM-23-53 May 18, 1970 MATTERS Councilman Pritchard questioned the action of INITIATED Commissioner Futch in appearing before the City BY COUNCIL Council to speak on a subject under consideration (Planning by the Council. Members of the Council felt Plan- Commissioners ning Commissioners could appear as private citizens Appearance but would prefer that their comments as members of Before Council)the Commission should be made privately to the mem- bers of the Council, or in writing. * * * (Request for Support) Mayor Silva stated he had a letter from the Suicide Prevention of Alameda County Committee asking for support for continued funding in the budget. Mr. Parness was asked to check into this matter. * * * (Proclamations)Mayor Silva asked for direction from the Council in regard to making Proclamations. The Council felt this should be handled at the discretion of the Mayor. * * * ADJOURNMENT come before the at 12:35 a.m., Planning Com- APPROVE ATTEST Mayor ~cLL LiverC' e,~fornia * * * Regular Meeting of May 25, 1970 A regular meeting of the City Council was held on Monday, May 25, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. * * * ROLL CALL ABSENT: PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller, and Mayor Silva None * * * MINUTES On motion of Councilman Miller, seconded by Coun- cilman Beebe, and by unanimous vote, the minutes of the meeting of May 18, 1970, were approved as submitted. * * * CM-23-54 May 25, 1970 Mr. Thomas F. Holler, Managing Director of the East Bay Chapter National Safety Council, per- sonally presented a "No Accident Award" to the employees of the City of Livermore, and congra- tulated the employees for their fine record for the period January to December 1969, in having no lost time injuries. felt it should be pointed out to the taxpayers in the City this means a savings in tax dollars to them. OPEN FORUM (Safety Award) from He that Mayor Silva accepted the award plaque in behalf of the City and the employees. * * * A request has been made by the owner of property located at the southwest corner of Enos Way and Portola Avenue to relax the requirements of a "no-access agreement". The agreement prohibits access to Enos Way and requires certain public works improvements, including a brick fence, to be constructed along the easterly line of the property. PUBLIC HEARING RE NO-ACCESS AGREEMENT (Houser) Mr. Musso explained that the fence was required as a prerequisite to zoning the property to RG-16 and its purpose was to isolate the residential area from the activity resulting from the multiple use. He stated that the reason for no-access on Enos Way was that the traffic from this property would present a hazard to school children walking in this area. Mr. Lee stated that the policy of the City has been to limit access on major streets unless widening is provided for ingress. From the public works standpoint, he felt no-access with a low ornamen- tal fence would be best on Portola and to allow access on Enos Way. Mr. Lewis, the City Attorney, explained that the agreement was rather like a bargaining process; the owner had given up this access in exchange for the zoning. The property is in two lots but has been considered as one parcel for this agreement. If the inside lot were sold separately, it would have no access to either street. Mr. Joseph Podrasky, 2636 Kennedy Street, protested the application because of the school crossing at the corner of Enos Way and Kelly Street. The PTA and Portola Educators and Parents Society had, with the cooperation of the church property, put in 125 feet of concrete 10 feet wide for a place for the children to cross safely. At the time of the tax assessment for the fence, the people in the area had been told that a like fence and like side- walk would be built on Enos Way. Mr. Podrasky told the Council that six out of the seven property owners contacted on the eastern portion of the area signed the petition, which he presented, opposing access on Enos Way. Mr. Norman Smith, 675 Enos Way, recommended denial of this appli- cation. When this property had come before the Planning Commission for rezoning, the church, school and property owners had asked for denial. The Planning Commission had denied the rezoning to mul- tiple, but it had been granted by the Council after appeal to them, with the provision that the fence be constructed and no access be allowed. He felt the removal of these restrictions was against the purposes of the rezoning action. Mr. Smith felt it would present a hazard to children in the area. Mr. Larry McGrew, 778 Wimbleton Drive, representing the Parents and Educators Society of Portola School, recommended denial of the request on the basis of the traffic from access on Enos Way CM-23-55 May 25, 1970 (Public Hearing - Houser) presenting a hazard to the school children. The proposed change would increase traffic at the time that children were going to and from school and he urged that the zoning and present restrictions be retained. Mrs. Marilyn McGrew, 778 Wimbleton Drive, added that kindergarten children attend Portola Avenue School, and it would be a hazard.to them. Mr. Ed Horton, 3877 Santa Clara Way, Associate Minister from st. Bartholomew's Episcopal Church, told the Council that five years ago when this property was petitioned for rezoning, the church was in opposition to rezoning, but had withdrawn their objections dur- ing the hearings on the basis that the restrictions for no-access and fencing would be enforced. Mr. Raymond Ferrario, 781 Maude Avenue, San Leandro, stated he had received a notice as a property owner within 300 feet and asked if it meant that he was required to build a fence. It was pointed out to Mr. Ferrario that he had misunderstood the content of the notice and that his property was not involved. As far as he under- stood the situation, he felt he would be against the change. Mr. Ferrario had also submitted a written protest. Mrs. Violet Houser, the applicant, stated she had observed East Avenue and Junction Avenue traffic and the traffic in and out of property facing on East Avenue, including schools, and although the traffic was heavy, there was no fencing required. She said all types of vehicles traveled Enos Way and could not see why her pro- perty should not have access. Councilman Pritchard asked Mr. McGrew what route his children took in walking to and from school, and he replied that they went through the church property as Portola Avenue is unimproved in this area and there is no place for children to walk. There being no further comments, on motion of Councilman Miller, seconded by Councilman Taylor, and by unanimous vote, the public hearing was closed. Councilman Beebe asked the applicant if her main reason for the re- quest was to obtain ingress and egress to Enos Way or the cost of the fence. Mrs. Houser replied that if apartments were constructed on the property, cars would have access in only one direction and the change would make it easier to enter and leave the property. Councilman Taylor felt there was no planning reason for making this change and made a motion, seconded by Councilman Miller, to accept the Planning Commission's recommendation for denial of the request to change the no-access agreement, and the motion was approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard * * * CONSENT CALENDAR (Report re An information report from the Alameda County Health Alameda County Department in regard to a septic tank permit denial Health Dept.) on Buena Vista Avenue was acknowledged. * * * (Resolution- City of Hayward) A resolution from the City of Hayward regarding abate- ment of the pollution from jet aircraft was acknowledged. * * * CM-23-56 The following applications were approved for exempt business licenses: May 25, 1970 (Exempt Business License) LDS Church Youth Groups for sale of flags, snow cones, and other fund raising projects Livermore Junior Womens Club for various fund raising activities during 1970 * * * An agreement has been prepared providing for the transmission of treated effluent from our water reclamation plant to the Junior College District Livermore campus. This is to be done by a system to be provided by the college and the water will be used for irrigation purposes and standby fire support needs. The term of the agreement is for 18 years with a provision for 500,000 gallons per day at no charge. The supply is conditioned upon availability with first priority being given to the City's needs. (Resolution re Agreement with So. County Joint Junior College District) It is recommended that a resolution be adopted authorizing execu- tion of the agreement. RESOLUTION NO. 71-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT * * * A report was submitted in regard to overtime pay- ment for public works inspection. When contrac- tors request the services of an inspector during overtime hours or on weekends, it has been the practice to require the contractor to reimburse the City an amount equivalent to one and one-half times the em- ployee's pay rate. The City Attorney advises that this policy should be approved by the City Council, and it is recommended that a motion be adopted approving this. * * * (Report re Overtime Payment for Public Works Inspection) The Valley Planning Committee has urged each (BART Transit Plan) public jurisdiction to contact BART and insist that the District make a planning study for future BART rail alignment and station locations in conjunction with the special study for the Valley for a proposed bus feeder system. The City Manager recommends that a motion be adopted for transmittal to the BART Board of Directors insisting that a traffic planning study be undertaken at the earliest possible time. Mayor Silva suggested that a definite date be requested. Mr. Parness was asked to include Mr. Robert Allen's suggestion that exploration be made to use the right of way of the San Ramon branch of the Southern Pacific Transportation Company between Dublin and Walnut Creek in his communication with BART. * * * The minutes of the Housing Authority meeting of April 21, were acknowledged by the Council. * * * On motion of Councilman Beebe, seconded by Coun- cilman Miller, the Consent Calendar, including the resolution, was approved unanimously. * * * (Minutes) Approval of Consent Calendar CM-23-57 May 25, 1970 PROPOSITIONS 2,3,4, and 5 Mrs. Valerie Raymond, president of the League of Women Voters, asked that the Council endorse Pro- positions 2, 3, 4 and 5 which will be on the June 2nd, ballot. A motion was made by Councilman Miller, seconded by Councilman Taylor, to endorse these propositions. Mr. Bob Allen, 223 Donner Ave., asked that the Council decline en- dorsement of these issues for the following reasons: 1. The City Council is a board of directors of a municipal corpor- ation, the City of Livermore. Its function is to govern the cor- poration and manage its properties efficiently. Endorsement of irrelevant ballot issues is outside the scope of the Council's authority. 2. The state Constitution is law; its language has been settled over a long period of time and its meaning decided by the courts. Changing the language of the constitution on the scale of these amendments would force a long period of litigation to define what these words mean. Until then the rights of many citizens would be uncertain. Mr. Allen asked that the Council leave this matter to the voters in that it has no bearing on the conduct of local affairs, however Mrs. Raymond disagreed that these issues do not apply to local govern- ment. The City Attorney stated he endorsed these revisions, and Councilman Beebe stated that at the League of California Cities' meeting in Los Angeles, which he had attended, it was pointed out that these propositions were worthy and should be considered. The motion for endorsement was voted on at this time and approved unanimously. * * * BEAUTIFICATION A letter requesting that high school student re- COMMITTEE presentation on the Beautification Committee be considered was presented to the Council. Mr. Gatrousis of the Beautification Committee said they wanted a repre- sentative from each high school who had influence and communication with the rest of the students. Mayor Silva felt that the representa- tion could come from the Youth Committee, and Mr. Gatrousis was asked to meet with the Youth Council to explain the duties of the Beautification Committee. A motion was made by Mayor Silva, seconded by Councilman Miller, and approved unanimously to select one member from each high school from the Youth Committee to work with the Beautification Committee. * * * ENCROACHMENT A request for an encroachment permit has been made PERMIT APPEAL by Michael Murphy to place a newsstand on public (Newsstand) right of way. Mr. Herb Steiner, regional director for the Socialist Labor Party, said the paper they wished to sell is the Weekly People. This paper is available in other cities and, as a minority party, this is one method that its views can be placed before the public. Mayor Silva pointed out that the issue was not what paper is to be sold, but a permit for encroachment on the public right of way. Mr. Lewis cited a case and stated that at this date the City does not have a power, unless there is a specific statute authorizing it, CM-23-58 May 25, 1970 to allow a lease or permit use of sidewalk for (Newsstand Cont'd) newsstands, fruit stands or other commercial enterprises. The fact that a newspaper is involved and the fact that a newspaper is protected under many situations from restric- tions by the First Amendment does not seem to apply in this case, citing the latest case of 465 South 52nd St. Corp. vs. ManIon, Pennsylvania, and the court reached a decision to that effect. It may be that in the future the rule will be changing and there may be peculiar circumstances where the newspaper does not have any exposure whatsoever, the courts would find that it had to be allowed, but he advised at this time it was not his understanding of the law as it exists in California, so the Council is under no duty to allow the newsstand as an encroachment. Mayor Silva stated it has been pointed out there might be a few violations of this kind in our City, and asked Mr. Parness to have someone check on this. Mr. Lewis pointed out if we are allowing some newsstands, tactically, tacitly or otherwise and if we discriminate, that is an entirely different problem to which Mayor Silva replied it was not being allowed, but it has been happening. Councilman Taylor asked the attorney if he meant we were under no obligation to allow such an encroachment unless we pass an enabling ordinance, and Mr. Lewis replied that ordinarily our powers come to us from the state and the general rule is that you must be authorized to allow encroachments of a commercial nature on a public right of way, but was not sure that in California it is a hard and fast rule, but it is a general rule. If it were allowed, he did not feel there would be any repercussions from a legal standpoint. Mayor Silva stated that as he saw it, the Council would have to enact some type of ordinance that would allow private business tocperate on public land, and Mr. Lewis again cited the case, which indicates the City ordinarily has to be authorized by a higher statute to allow an encroachment, and we are not so author- ized, but he did not believe that prevents the Council from doing so. In other cities there are newsstands in public rights of way. If the Council would pass a resolution setting forth places where they may be permitted, it would not be improper, but we do not have to. Councilman Taylor felt the real question was whether or not they want to allow this newspaper, and felt possibly a public bulletin board might be more appropriate and it would be a good idea to get a report from the staff of a possible location where it would not intrude on pedestrian traffic, and Councilman Miller stated it is not unreasonable to have a place in the City where minority newspapers could be made available, and felt some location for such a newsstand might be found. Councilman Beebe stated he would not like to see a precedent set, especially since we are making every effort towards beautification of the City, and made a motion to deny the encroachment permit, seconded by Councilman Pritchard. Mr. stu Smith, 1141 Concannon Blvd., pointed out that Michael Murphy has been trying for some time to get one of the local businessmen on the main street to carry the newspaper; however, they are not broadminded enough to allow this particular newspaper to be sold at their newsstands, and he felt the Council would be showing a better spirit if they were more broadminded than the businessmen, and he felt everyone has a right to be heard and since Mr. Murphy has been turned down by every businessman in town, felt the City Council should step in and allow the minority voice to be heard, and urged that Councilman Beebe and Councilman Pritchard reconsider their stand. CM-23-59 May 25, 1970 (Newsstands) Cont'd Councilman Beebe stated he had not made the motion on the basis of this one applicant, but on the pre- cedent that might be set, and did not feel the side- walk should be cluttered up in this manner. Mr. Steiner brought up the fact that the paper is a non-profit paper; not a commercial project and all the work is done voluntarily. He did not feel that the matter of City beautification is as important as the liberwof allowing minority, unpopular organizations to pre- sent their point of view. If they had manpower and finances, they would do the same as other newspapers. He felt if the Council could pass an ordinance to deny, they could also pass an ordinance to grant. He hoped even if the Council was denying the encroachment at this time, they would reconsider at sometime in the future, so they could reach the citizens of Livermore as they are everywhere else in Cali- fornia. Mr. Bob Several, 2046 Park Street, stated that the precedent the Council was setting was worse as it is a precedent against the First Amendment and is more dangerous, and he felt it was vital that the socialist paper have an outlet in Livermore. Mayor Silva answered the charge by stating it was not the newspaper, but the encroachment. Mr. Dan Cook, 2287 Palm Street, stated he appreciated the concern of the Council in dealing with circulation problems of the Indepen- dent, Herald and Tribune, but felt they were dealing here with a different sort of newspaper, and in an area that is very directly concerned with the First Amendment, and urged the Council to consider the case of the Socialist Party newspaper as a separate case from that of the Oakland Tribune, which is a general circulation newspaper, and the local newspapers, and stated they were on very touchy grounds when you consider government enforcing a system whereby freedom of the press is denied to any particular group, whether it be the John Birch Society's right to distribute Human Events in the public library or the right of the Socialist Labor Party to distribute their newspaper on the public street, and would seriously ask the City Council to reconsider the decision to deny the freedom of the press to the Socialist Party. Mayor Silva stated that they were not denying freedom of the press as this newspaper or any newspaper may operate in the City as may any other business. Mr. Robert Allen stated that the "Human Events" has no connection with the John Birch Society. Michael Murphy, 2289 Chestnut Street, stated that the "Weekly People" newspaper is distributed free of charge when they have the time, but what they want is the same treatment as the other local news- papers; he felt it was a First Amendment issue; they are willing to distribute the newspaper free, but what they need is a place where the First Amendment is recognized. He asked on what specifics an encroachment permit is granted as there is an ordinance and certain encroachments are allowed, and all they want is to put a stand on the street. Councilman Taylor made a motion to amend the main motion to have the staff report on where a facility might be located so it would not bother traffic for the public sale of newspapers. The amendment was seconded by Councilman Miller; however, it failed to pass by the following vote: AYES: Councilmen Taylor and Miller NOES: Councilmen Beebe and Pritchard and Mayor Silva CM-23-60 May 25, 1970 Mr. Dan Cook stated that in the interest of (Newsstand Cont'd) beautification it would be very simple to deny the encroachment, but it would be very petty and unthinking of the Council to do such a thing as the issue at stake is much more important than one square foot of city sidewalk. A vote was then taken on the main motion to deny the encroachment, and it passed by the following vote: AYES: Councilmen Beebe, Pritchard and Mayor Silva NOES: Councilmen Taylor and Miller * * * An appeal was submitted by Winston A. Wong from the denial of the Planning Commission for variance to permit encroachment for a structure into required non-street frontage yard at 1553 DeLeon Way. APPEAL RE DENIAL OF VARIANCE (Winston Wong) Mr. Musso explained what was involved and illustrated by a drawing circumstances under which there may be encroachment in the yard, and stated that the Planning Commission could not make findings to warrant the variance and therefore denied the application. Mr. Musso also read a letter of objection from Mr. and Mrs. Johansen, a neighbor immediately behind the property in question, stating it did not meet the requirements of the zoning ordinance. Mr. Winston Wong, 1553 DeLeon Way, addressed the Council and pre- sented drawings indicating the property lines, the dwelling, and the proposed structure, and also showed photographs of the back of the house. He explained in detail the reason for the proposed structure and felt that the design of the house was such that it warranted special consideration as there were exceptional circum- stances. He felt that the house did meet zoning ordinances as it stood today, and if this was the reason for the objection by Mr. Johanson, he felt the reason to be invalid. Mr. Wong stated that his reason for appeal to the City Council was that he felt he did not bring out some of the facts too clearly when he presented his case to the Planning Commission, and proceeded to explain in detail the lot and his plans for the construction of the lattice type patio roof structure as proposed. Mr. Wong explained his drawings, stating there would be nothing to support the rafters if he proceeded as suggested by the Planning Commission according to the zoning ordinance. He also cited government codes with reference to the protest and the Council's decision in the matter as far as precedence. Councilman Pritchard stated that Mr. Wong's point was very well taken and that the Zoning Ordinance cannot possibly foresee all the possibilities and on occasion there will have to be variance granted. Councilman Pritchard also referred to Commissioner Millard's remarks in the minutes of the Planning Commission which state in part that there "existed square ordinances which did not match round lots." He explained he had visited the applicant's home, looked at the patio area and felt that exceptional circum- stances do exist. Further, "he hoped, eventually, the City could get away from the little briCk by briCk, board by board planning of people's yards for them." Councilman Miller commented that although cities have power to grant variances, they have to make a series of findings and one thing is not the orientation of the house on the lot; he felt one thing that has happened is that the lot is inadequate for the size of the house, and this is one of the serious disadvantages of the RL zoning ordinance which is one of the reasons for trying to obtain better zoning. Further, he felt the problem was CM-23-61 May 25, 1970 partially the fault of the City for not having adequate setbacks, and largely the fault of the developer for squeezing the houses on the back of the lot, making it too small to put anything in them, and he felt the findings of the Planning Commission were proper in this circumstance. Councilman Miller questioned why the Building Inspection Department did not catch the setback at 1547 DeLeon which Mr. Wong brought out, and Mr. Musso pointed out it was an error, in part, of the staff and under provisions of the Zoning Ordinance variance is not necessary in that case, and he asked Mr. Herb street, Building Inspector, to explain the setback in the house next door to Mr. Wong's. (Variance Appeal - Wong) Mr. street stated that that house was permitted on an approved plot plan on specific elevation and when the foundation was poured it met all zoning ordinance requirements; then after the building was framed, the developer changed the elevation which would extend the roof out to the garden area in front part of the house and this was done without submittal of a revised elevation. It was only after the building was complete that it was found the pilaster supporting the roof area was 4 ft. instead of 7 ft. Councilman Pritchard made a motion to grant the variance, however it died for lack of a second. Councilman Taylor made a motion to support the Planning Commission's recommendation to deny the application for variance, seconded by Councilman Miller, and passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard A motion was then made by Councilman Taylor to allow a variance that posts may be placed within 5 feet of the property line, se- conded by Councilman Miller and passed unanimously. COUNTY REFERRAL RE QUARRY PERMIT (Dagnino Rd) * * * A County referral has been received re the applica- tion of the Estate of Peter J. Dagnino for a Quarry Permit to permit removal of rock, sand and other earth material and the processing of rock on a site located on the north end of Dagnino Road, approxi- mately 3t miles north of the City limits. The Planning Director briefly explained the area and stated this is a renewal of a use that has been operating in the area. The staff would recommend an additional five years and that the quarry not be expanded. Mr. Musso informed the Council that the County staff recommends a bond for restoration of the roads in the vicin- ity after the permit expires as a condition of approval. Councilman Miller made a motion to accept the recommendation of the Planning Commission for approval subject to the conditions noted in the staff report and also the condition that a bond be posted for restoration of the roads after the permit expires; the motion was seconded by Councilman Beebe and approved unanimously. SUMMARY PLANNING COMMISSION MEETING * * * A summary of action taken at the Planning Commis- sion's meeting of May 19 was acknowledged. Coun- cilman Miller asked for an explanation of the summary regarding a request for variance of park- ing requirements at 2087 Third Street. Mr. Musso explained that this involved a request for a variance to allow temporary use of a residence in a commercial area for a real estate office. The principal concern was off-street parking. CM-23-62 The appointment to the Planning Commission to fill the unexpired term of Gale Hovey had not been made at this time. Mayor Silva stated that, hopefully, this decision would be made at the executive session following the meeting. * * * AFTER A BRIEF RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT. * * * At the City Council meeting of May 18 a one week extension was granted on the commencement of de-annexation proceedings for that portion of the annexed area which had not been con- summated by an annexation agreement. May 25, 1970 APPOINTMENT TO PLANNING COMMISSION RECESS PORTOLA AVENUE DE-ANNEXATION A motion was made by Councilman Miller, seconded by Councilman Taylor, to adopt the following resolution authorizing de-annexation of the Bellman et al property from Portola Avenue Annex No.4, and the motion was approved unanimously: RESOLUTION NO. 72-70 A RESOLUTION PROPOSING THE DE-ANNEXATION OF CERTAIN PROPERTY GENERALLY DESCRIBED AS PORTOLA AVENUE DE- ANNEXATION FROM THE CITY OF LIVERMORE. * * * The Director of Public Works informed the Council that eight bids had been received for the 1969-1970 Capital Improvement Projects as follows: Oliver De Silva, Inc. Gallagher & Burke Independent Construction Co. McGuire & Hester A. Teichert & Son Les MacDonald Constr. Co. Redgwick Construction Silva Brothers $ 465,711.31 467,206.15 471,676.60 481,291.60 487,031.35 489,884.15 504,270.74 517,560.56 557,108.80 Engineer's Estimate REPORT RE CAPITAL IMPROVEMENTS PROJECTS 1969-70 The low bid was substantially below the Engineer's estimate and it was recommended that the low bid submitted by Oliver de Silva be accepted for this work. A motion was made by Councilman Taylor, seconded by Councilman Pritchard, that the bid be awarded to Oliver de Silva for the 1969-1970 Capital Improvement Projects, and it was approved unanimously. * * * Consideration of tentative map of Tract 3186 was continued until June 22 at the request of the applicant. * * * Mayor Silva stated there was one point he wished to discuss in relation to the proposed ordinance amendment (Section 21.70) concerning freestand- ing signs and signs in Industrial Districts. The TRACT 3186 (H.C. Elliott) PROPOSED ORDINANCE AMENDMENT (Sec.21.70 CM-23-63 May 25, 1970 (Amendment to Sec. 21. 70) mum of 32 sq. Use Permit. ordinance will allow a freestanding sign with a maximum of 32 sq. ft. with no method to increase this maximum. Mayor Silva felt the ordinance should be amended so that a sign over this maxi- ft. could be allowed through use of a Conditional Councilman Miller felt that this could be accomplished by existing provisions (Sec. 21.76 (k) ) and that this amendment was unnecessary. Mayor Silva said without this amendment the ordinance would allow a freestanding sign, with no sign on the building front or it would be possible to use t~_s~. ft;~rovision to erect a building sign. ~n,'1 ... it ~tl!l.!; t <<~-Re felt this would cause more building signs to be used rather t~rikfreestanding signs. Councilman Beebe felt that if this were done, conditions would have to be set out for this section of the ordinance. Mr. Musso was instructed to discuss with the Planning Commission their feeling in regard to conditions to be included under Section 21.70 to allow freestanding signs over 32 sq. ft. to a maximum of 64 sq. ft. through a CUP. A motion was made by Councilman Taylor, seconded by Councilman Pritchard, and by unanimous vote, the ordinance amending Section 21.70 of the Zoning Ordinance, particularly, Sections 21.72, 21.75 and 21.76, relating to freestanding signs and signs in Industrial Districts was introduced and the title read only. MATTERS INITIATED BY STAFF (Meetings) MATTERS INITIATED BY COUNCIL (Preservation of Open Space) (Traffic Signal) (Encroach- ments) (School- Builder Meeting) CM-23-64 * * * The City Manager called the Council's attention to their meeting with the Livermore Area Recreation and Park District and also the tour of the City's facil- ities to begin at 5:00 p.m., May 27. The preliminary budget meeting was set for June 24. * * * Councilman Taylor requested that Mr. Musso obtain a copy of the Orange County Report on Project 21, regarding preservation of open spaces. Also, he asked that Mr. Musso contact the County Planner to obtain information about the Planning Committee in San Diego. * * * Councilman Pritchard asked Mr. Lee about the north and south traffic lights on L Street and 4th Street. He said it had been called to his attention that children were rushed in crossing. * * * Councilman Miller felt that the staff should check into all encroachments on public property around the City. * * * Councilman Miller asked if a date had been set for a meeting with the School District and builders in regard to housing. Mr. Parness said there was not yet a date set but he had met with the school staff to draft an agenda for the meeting. Councilman Miller urged that this meeting be held as soon as possible. May 25, 1970 Councilman Miller spoke about the interest in (Ecology) the environment and ecology of the area. One item of interest is the idea of re-cycling which will become more and more important. He felt the City should take some steps in this direction; for example, providing receptacles for aluminum cans, glass and paper, and suggested the staff look into this idea and how to collect and dispose of this material. The staff could work with the Ecology Center in this matter. After further discussion, a motion was made by Councilman Taylor that it be stated that the City is willing to cooperate with any group desiring help in this direction, re-cycling specifically, with the understanding that City money or major staff time is not committed; the motion was seconded by Councilman Beebe and approved unanimously. * * * Mayor Silva read a letter from the U. S. Dept. of Commerce confirming their preliminary popu- lation for Livermore as 35,519. (PopUlation Census) * * * Mayor Silva stated there were two suggested drafts of the resolution supporting the Bal- anced Community Concept as adopted by the Council. One was drawn up by the City Attorney and the other by Councilman Miller. (Resolution - Balanced Community Concept) A motion was made by Councilman Miller to adopt his draft of the resolution, but failed for lack of a second. Councilman Taylor made a motion, seconded by Mayor Silva, to adopt the resolution drafted by the City Attorney, and it was passed by the following vote: AYES: Councilman Taylor and Mayor Silva NOES: Councilman Miller ABSTAIN: Councilmen Pritchard and Beebe (This matter clarifies the content of Resolution No. 40-70, passed on March 9, 1970). * * * Mayor Silva stated that in conjunction with the (Setbacks) discussion held with regard to the variance ap- plication of Mr. Wong, the real problem was due, as Councilman Miller had stated, to the fact that the RL ordinance allowed for too small a yard, however he felt in the new RS Zoning Ordinance, the rear yard setbacks were still not sufficient. Mr. Musso replied that the same thing could occur regardless of either ordinance, and Mayor Silva suggested that the setbacks for rear and side yards be considered for revision, and also the percent of site coverage, and with the Council's approval, directed the Planning Commission to study those three specific items. Councilman Pritchard inquired if the people are provided with any kind of synopsis, when buying a home, of what can or cannot be done with the side yards. Mr. Musso advised that they are given a notice when they purchase a new home that they should check with the Building Department if they plan to construct a patio, build a fence, etc. Mr. Lewis advised that State law provides for the adoption of local ordinances in local subdivision, where a house is sold CM-23-65 May 25, 1970 (Setbacks) more than two years after filing of the subdivision map that requires the seller to give the buyer in- formation re zoning laws, and what can or cannot be done, and in fact, an ordinance has been drafted along these lines. Councilman Miller also suggested that the Planning Commission might consider along with backyards and extra structures something similar to the provision for floor area coverage, which is 25% of initial floor area coverage, but after two years the owner can extend to 30%. * * * PROCLAMATION Mayor Silva stated that on Friday, he issued a pro- clamation naming the 23rd of May through the 14th of June as Rodeo Days in Livermore and felt the Council should join in the celebration by wearing the appropriate attire the next two Council meetings, and hoped the staff would join in as a sign of community spirit. ~ * * * ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 11:04 p.m. to an executive session to discuss the appointment of a Planning Commissioner; thence to a meeting with the Livermore Area Recreation and Park District at 8:00 p.m., Tuesday, May 26, 1970; thence to a meeting on Wednesday, May 27, 1970, to tour the City facilities at 5:00 p.m., dinner at 7:40 p.m. and a meeting at 8:30 p.m. at the Fire Station to study the capital improvements budget. ATTEST ~. California APPROVE * * * Regular Meeting of June 1, 1970 A regular meeting of the City Council was held on Monday, June 1, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * PLEDGE OF ALLEGIANCE The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * OPEN FORUM (Employee Union Negotiations) Mr. Larry DeAngelo, representing the American Feder- ation of State and County Employees Union, Local 1675, addressed the Council in regard to negotiations under CM-23-66 June 1, 1970 way with the City as to wages, hours and work- (Union Negotiations) ing conditions. He read a letter which had been sent to the Alameda County Central Labor Council, requesting strike sanction and reasons for this request. Mr. DeAngelo stated that the union was willing to meet with the City Manager again, but that out of eight proposals, agreement has been reached on only one. The president of the local chap- ter had stated that if an agreement is not reached by Thursday evening the employees will strike on Friday of this week. Mayor Silva stated that the Council would meet in executive session after the regular meeting to discuss this matter with the City Manager. * * * Celia Baker, 541 Bell Avenue, inquired if the (School Housing) Council had met witp the developers yet in re- gard to the school housing problem. Mayor Silva stated that a proposed agenda had been sent to the School Board and they were awaiting a reply. * * * Mr. stu Smith, 1141 Concannon Blvd., reported (Newspaper) that he had purchased copies of the Berkeley Barb and sold them on First Street with profit being donated to the local peace center. A complimentary copy was also presented to the Mayor. * * * Dennis Moore, 1312 Kathy Court, spoke in regard to a proposed road change by Alameda County per- taining to the railroad underpass on Greenville Road. He stated he had opposed this road change at the recent Board of Supervisors' meeting, and Supervisor Murphy had recommended that the County Road Commission check into safety conditions of the proposed change. The Board also wished to know the City of Livermore's view. (Underpass - Greenville Road) Director of Public Works Daniel Lee stated that he received a communication from the County Public Works Director requesting the City's opinion and he had replied that from a technical standpoint it was acceptable; other than this it was in the hands of the County. Mr. Moore stated that the Board of Supervisors would meet this Wednesday to consider this matter and he hoped that the City of Livermore would make a recommendation by that time. Mayor Silva suggested that the Board of Supervisors be requested to continue this matter for one week, if possible, and Mr. Moore's proposal was referred to the staff for further report. * * * William Hayden, 140 Lee Avenue, commented that he had been told by one of the Council members that he did not understand the principle of government and law and what could and could not be done; he felt this was an arbitrary opinion. He felt that there was a great deal of government by negative thinking, i.e., a general plan that could never be varied or changed. In several recent meetings the term 110ur view of Livermorel1 had been used in response to requests for changes. Mr. Hayden questioned who decided what 110ur view of Livermorel1 was or should be, and also (Comments re Council Decisions) CM-23-67 June 1, 1970 (Council Decisions) questioned recent decisions of the Council to en- dorse or not endorse certain issues. He felt the community would be happier and the Council would be more respected if the Council listened to the views of the people. Mayor Silva said he wished to answer it would have to be at another time. communication, but town meeting type held. Mr. Hayden's questions but Perhaps there was a lack of of Council meetings were not Edward A. Quarterman, 2282 Evans, supported the orderly way in which the meetings were held. The town had outgrown the town meeting method of carrying out City business. James H. Baumgartner, 1565 DeLeon Way, stated he was a resident and the Council acted in his behalf, too, and he felt that they were acting in the City's interest. * * * Planning Director George Musso reported that the property under consideration was 140 acres located between Holmes Street and Arroyo Road, southerly of easterly extension of Alden Lane, recently annexed to the City. The General Plan indicates this area to be developed at 1.5 d.u./acre and a school (K-6) and park are indicated for location somewhere in this area. The property has been annexed and is now before the Council for rezoning. The Planning Commission felt that extension of urban zoning at this time was premature and, therefore, recom- mends zoning to A-20 (Agricultural) until services are extended to this area and assurance that parks and schools can be provided. Substantial land has been approved for development not only for this developer but for the whole City. The developer had not made any request as to zoning. PUBLIC HEARING RE REZONING (Arroyo Road Annex No.2) Mr. Quarterman, 2283 Evans, felt that the discussion at the Plan- ning Commission meeting had brought out valid reasons for zoning this area as agricultural and felt that the Council should accept their decision. Mr. Baumgartner, 1565 DeLeon Way, told the Council that decisions such as this one on zoning had far reaching implications on the citizens of Livermore and urged the Council to uphold the Planning Commission's report by rejecting the request. He felt there must be growth controlled zoning in order to keep from worsening our school crises. The developer already has a substantial number of dwelling units approved, and residential zoning should be delayed. On motion of Councilman Beebe, seconded by Councilman Pritchard, the public hearing was closed by unanimous vote. Councilman Taylor stated that it was a routine matter for the Plan- ning Commission to request zoning after property is annexed. He expressed regret that some of the testimony was centered on Mr. Mehran as he had not made any application for residential zoning of this land. The land had been annexed by the City with the under- standing that it would not remain agricultural indefinitely. The Planning Commission's recommendation for A-20 (Agricultural) Dis- trict is reasonable. A motion was made by Councilman Taylor, seconded by Councilman Pritchard, to accept the Planning Commission's recommendation for zoning of Arroyo Road Annex No.2 as A-20 (Agricultural), and the motion was passed unanimously. * * * CM-23-68 June 1, 1970 The Planning Director stated that the Planning PUBLIC HEARING RE Commission initiated the proposed changes in ZO AMENDMENT the Zoning Ordinance, Section 21.00 (Special (Sec. 21.00 and Provisions), particularly Section 21.40 (Off- Sec. 21.40) Street Parking) primarily because of parking requirement changes necessitated by the Liver- more Development Commission program, and also, it was obvious to the staff that the ordinance was becoming obsolete. The major change is to reevaluate the definitions; the off-street parking requirements were clarified; the lack of standards for parking called for additions to the ordinance; landscaping was added as a requirement for parking lots in certain instances. Councilman Taylor asked if there was any change in the ratio of parking spaces required for commercial. Mr. Musso stated that the only substantial change was for second story buildings, which was reduced to two. In the I (Industrial) area the proposed change would require that the business be ca~able of maintaining the one (1) space for each one and a half (12) employee ratio for parking. Councilman Beebe questioned Section 21.44 - 7 (a) regarding the requirement for one parking stall to be located on the rear of the lot. Mr. Musso explained that this is in regard to townhouses which front on the street and would require rear access via an easement. Councilman Miller felt that perhaps parking requirements are too low for multiples due to the number of boats and trailers. Also, the parking space for shopping centers such as I1pl1 Street might be increased. Larry Bakken 765 Lido Drive, asked if these standards were original to Livermore or whether they are uniform standards from the League of California Cities. He was advised that other reports and ordi- nances had been studied, and for the most part parking standards in other cities are the same, but have been modified for our use. Al Deutschman, 1131 Innsbruck Street, asked if he had a two-story commercial building with approximately ten offices, under the new plan how much parking would be required. Mr. Musso explained that the requirements were based on square footage, and the ground in relationship to the building, rather than on the use. A motion was made by Councilman Miller, seconded by Councilman Taylor, and approved unanimously to close the public hearing. The provisions for the off-street parking were discussed by the Council and the following suggestions were offered: that the second story be considered the same as the first story; that some provision be written into the ordinance so when the parking lot borders on public sidewalk, there be some kind of landscaped strip for separation; the requirements should be based on the maximum usage a building might be used for; Sec. 21.45 (h)(2) Drives or easements having a length of less than one hundred (100) feet may have a width reduced to twelve (12) feet, should be deleted. Under Sec. 21.46 (d) Traffic Controls: Directional signs shall be provided as may be required. The words I1by the Cityl1 should be added to this sentence. Under Sec. 21.46 (g) 3. I1Subject to the approval of the City Engineerl1 should be added to this standard. Under Sec. 21.46 (g) 6. The shade trees shall be of a variety l1approved by the Cityl1. Under Sec. 21.46 (g) 7. Specify that if landscaped areas and shade trees are not maintained by the property owner, that there be some provision forcing the property owner to maintain the landscaping, and the Planning Department was asked to check into some means whereby this could be adequately stated. CM-23-69 June 1, 1970 (Public Hearing - ZO Amendment) The Planning Department was asked to reconsider only one space for each sleeping unit of motor hotels under Sec. 21.46 (g) 8. A motion was then made by Councilman Miller, seconded by Councilman Beebe, and approved unanimously to refer the draft of the off- street parking ordinance back to the Planning Commission with the noted changes. Appointment to Planning Commission Del Valle Reservoir Zoning of Portola Ave. Annex No. 4 Right of Way Route 84 Freeway * * * CONSENT CALENDAR RESOLUTION NO. 73-70 APPOINTMENT OF MEMBER TO PLANNING COMMISSION (John C. Nelson) John Nelson was appointed as a member of the Planning Commission to fill the vacancy created by the resig- nation of Gale Hovey. * * * A resolution pertaining to development of the Del Valle Reservoir Area of the Board of Directors of the Livermore Area Recreation and Park District was acknowledged. * * * The public hearing on zoning of Portola Avenue Annex No.4 had been set for June 22. The owners of the property have requested that the hearing on this matter be extended until July 27 due to their business schedule. * * * A letter from the Division of Highways advised that acquisition of right of way for Route 85 Freeway from Carlton Square Development would be made soon and that the City would be advised when the acqui- sition of this parcel is completed. * * * A report was submitted by the Planning Director in regard to sign abatement procedure for non-conform- ing signs. The bulk of the signs are to be made conforming as of May 1, 1970. The Planning Depart- ment is ready to move ahead with the abatement program, the first targets being the blinking, flashing and rotating signs which are approximately twenty in number. Then abatement would proceed to freestanding signs, projecting signs and signs in excess of allow- able square footage. Sign Abatement California Water Service Area but California west of Isabel * * * A report from the Director of Public Works stated that the California Water Service area was extended beyond the boundary which was in accordance with plans for service by the City of Livermore. The City believed the boundary to be at Isabel Avenue, Water Service area has been extended about 1200 feet Avenue. A formal complaint to the Public utilities Commission must be filed to have the matter reconsidered. It is recommended that such action be taken. CM-23-70 * * * June 1, 1970 Sunset Development Company posted bonds for the public works improvements for Tract 2613. These facilities have been installed and accepted by the City; therefore, it is recommended that the bonds be released. Tract 2613 (Sunset Development) RESOLUTION NO. 74-70 RESOLUTION RELEASING BONDS FOR CERTAIN PUBLIC WORKS IMPROVEMENTS IN TRACT 2613 (Sunset Development Co.) * * * The Public Works Director has advised that the Holmes Street school crossing flashing lights modification project between the City and the State has been completed by the contractor. The work has been inspected and accepted by the California Division of Highways, and it is recommended that the project be accepted by the City. Holmes St. School Crossing Light Modification * * * A report from the Director of Planning regard- ing subdivision map status was submitted to the Council. Subdivision Map Status * * * Sixty-five claims in the amount of $34,819.47 Payroll and Claims and two hundred twenty-four payroll warrants in the amount of $70,241.27, dated May 28, 1970, were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 7414 for his usual reasons. * * * On motion of Councilman Beebe, seconded by Councilman Pritchard, the Consent Calendar, including the resolutions was approved unanimously. Approval of Consent Calendar * * * A notice has been received from the City of Fremont inquiring as to our interest in a land use plan to be composed for the Niles Canyon Area. It was the Council's decision to extend moral support, without being specifically involved, in keeping this a park area, and the City Manager was directed to send a letter expressing the feelings of the Council. REPORT RE NILES CANYON AREA * * * Due to a recent event that caused some controversy and confusion as to the display of the United States Flag, a modification of the current City policy has been drafted, and this was read by Mayor as follows: POLICY RE DISPLAY OF FLAG the 1. (f) I1With the prior approval of the Mayor, or in his absence with the prior approval of the City Manager, upon the death of any former or contemporary civic leader, or any person who as a member of the armed forces of the United States is killed in the performance of military duties providing such person has next of kin residing in the City of Livermore; for any special event or observance which is to be universally recognized by local governmental jurisdictions." CM-23-71 June 1, 1970 (Policy re Flags cont'd) Councilman Pritchard suggested that in the reVlSlon that the Vice Mayor be added in the first line after flprior approval of the Mayorfl. A motion was made by Councilman Pritchard to adopt the regulations concerning the display of the flag with the above mentioned changes to be the policy of the Council. The motion was seconded by Council- man Beebe and passed unanimously. Mr. Lewis stated that he understood the directive to be in com- pliance with protocol established by the United states. He knew of no situation, however; where the federal government or even the state government has interferred with the City for not observ- ing that protocol strictly. PROPOSED ORDINANCE RE AMENDMENT OF SEC. 21.70 * * * The ordinance re the Zoning Ordinance amendment of Section 21.70 relating to freestanding signs and signs in Industrial Districts has not been drafted, and a motion was made by Councilman Pritchard, seconded by Councilman Miller, and approved un- animously that this item be continued for one week. * * * Councilman Pritchard stated that during the recent campaign the possibility of having an elected mayor was put forth, and he had discussed this matter with the City Attorney who advised that this could be done under General Law by designating one of the Council seats as the flMayor's seat" and putting this issue to a vote. Councilman Pritchard questioned whether the Council could take unilateral action or if it had to be put to a referendum to the people, and asked that this be given some consideration. MATTERS INITIATED COUNCIL (Elected Mayor) BY Mayor Silva stated that all Council members had thought about this subject and felt it would be appropriate to instruct the staff to submit a report of all the ramifications of having an elected mayor; the City Attorney is to make a report as soon as possible. (Telephone Rates) Areawide calls * * * Councilman Miller brought up the question of tele- phone rates, and the limited service which the people in the Valley receive. He felt it would be useful to request PUC to consider having some Bay included in our exchange. Mr. Parness stated that Mr. William Struthers, former Pleasanton City Attorney, studied this matter several years ago, and it was suggested that the City Manager contact Mr. Struthers and ask that he provide the City with the background information. (Parks Air Force Base as National Cemetery) * * * Councilman Miller stated he had received a letter from Congressman Miller, referring to the use of Parks Air Force Base as a National Cemetery, and mentioned that this had been discussed by the Coun- cil previously as there would be advantages, such as open space. The delay on this decision seems to be in the House Committee on Veteran's affairs, and Councilman Miller felt a letter or resolution could be sent to this Committee to use Parks Air Force Base as a National Cemetery, and they could work through Congress- man Miller's office. Councilman Taylor stated that the Valley Planning Committee had re- ceived a communication stating that the federal government has a CM-23-72 June 1, 1970 policy to establish no additional national cem- (National Cemetery) eteries and the problem of burial would be taken care of by existing national cemeteries and then use private cem- eteries, and felt a copy of this communication should be acquired for distribution to the Council, which will be done, and it was also suggested that the VFW and the American Legion be contacted relative to this subject. * * * Councilman Miller asked about the possibility of scheduling a meeting for the discussion of in- creasing the park dedication fee, and it was the decision of the Council that the discussion would be placed on the agenda for the meeting of June 8. (Park Dedication Fee Increase) * * * Mayor Silva referred to a communication received (UN Day Celebration) from the United Nations Association who have asked that in conjunction with their 25th Anni- versary the 24th of October be proclaimed United Nations Day and an outstanding citizen of the community be appointed to serve as UN Chairman for 1970. Councilman Pritchard stated that Mrs. Baker had asked the Council to discuss a bill pending before the state Legislature, and the majority of the Council had felt that it should not be discussed, and wondered if perhaps this is out of their jurisdiction, also under the same argument, as the United Nations is not the City Council's business. This point was discussed by the Council and it was stated by the Mayor, that it is the Council's prerogative to decide what they should or should not discuss, and it was decided that they would attempt to find an interested person to act as chairman of the committee. * * * Councilmen Don Miller and Cecil Beebe were ap- pointed to represent the Council with the Re- creation District, and they were asked to ad- vise the District of the meeting next week to discuss park dedication. Then a meeting will be set with the Recreation Department. (Appointments to LARPD Committee) * * * Jay Walton has accepted a position with the Chamber of Commerce in Concora after serving the community for a number of years. On mo- tion of Councilman Pritchard, seconded by Councilman Taylor, the following resolution was passed by unanimous vote: COMMENDATION - Jay Walton RESOLUTION NO. 75-70 A RESOLUTION COMMENDING JAY LINDSAY WALTON, MANAGER - CHAMBER OF COMMERCE 1964 - 1970. * * ADJOURNMENT the Council, p . m . to an e union's APPROVE ATTEST c-L CM-23-73 Regular Meeting of June 8, 1970 A regular meeting of the City Council was held on Monday, June 8, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:01 p.m. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES The minutes of the meeting of May 25, 1970, were approved as submitted and the minutes of the meet- ing of June 1, 1970, were approved as amended, on motion of Councilman Taylor, seconded by Council- man Beebe, and by unanimous vote. * * * OPEN FORUM (Sign Abatement) Mr. Glen Coffey, vice president of the Chamber of Commerce, requested the Council to consider a 90-day moratorium on its sign abatement program. Some of the notices have already been sent out and he stated that the Chamber did not realize there was as much concern and misunderstanding in the community about the abatement of these signs, and the Chamber would like an opportunity to have a meeting with the various members to discuss the ordinance with them. Mr. George Musso, Planning Director, stated that at the time the 1969 business licenses were mailed, notices were enclosed outlining the ordinance, stating they would be advised when amortization of their particular sign would occur. The Council discussed the suggestion for a 90-day moratorium, and a motion was made by Councilman Beebe to grant a 90-day extension from this date for the notices which have been sent, and this was seconded by Councilman Pritchard, however after more discussion the motion and second were withdrawn. Mr. Musso stated that he would be happy to prepare a list of the businesses affected, for the Chamber to use in contacting people for a meeting to explain the sign ordinance and abatement proce- dure which will follow. The meeting is scheduled for July, and the staff has agreed to not actively pursue the notices during this period, but would go ahead at a very slow rate to enable them to send the notices out, by groups, as was their intention, the first group being the rotating and blinking signs, then the signs projecting over the public right of way and the freestanding signs. * * * (Sewer Service Mr. Jack Phillips, 551 North P Street, asked when Charge) the public hearing on protests of sewer service charges will be held and was advised that perhaps at the budget hearing, the 1st meeting in July, however after some discussion on the matter and advice from the City Attorney, it was stated that notice of hearing will be for- mally set at a later time. * * * SPECIAL ITEM (Industrial Development Proposal) A report was submitted from the Chamber of Commerce on the establishment of an industrial development department, and an alternate proposal had been drafted by the City Manager. CM-23-74 I June 8, 1970 Mr. Bill Bozzini, Chairman of the Industrial Committee of the Chamber of Commerce, spoke with reference to the proposal they had pre- sented suggesting a full time industrial man- ager, the expense to be under the auspices of the City and control between the City and the Chamber; there would be a Board of Directors to set policy to oversee and direct this person; however, the day-to-day activity would be controlled by the Chamber. (Industrial Develop- ment Proposal Continued) Mr. Bozzini stated that the proposal submitted by the City Manager was not along the same line as the Chamber's thinking, and he outlined the duties proposed for the industrial manager. He would be expected to work full time on nothing else but industrial de- velopment for the City of Livermore; he would work with govern- ment agencies, private firms and industries whose decisions and actions affect industrial development; and his additional duties would be to develop and maintain statistical material, reflecting the existing and potential industrial situations and business climate in Livermore; assist in solving problems dealing with plant locations; evaluate the type and kind of industry most im- portant; develop plan of action to promote industrial growth, in- cluding promotional and advertising campaigns; personal contact with developers, industrialists and landowners. He will also be expected to assist prospects in obtaining the necessary permits. Mr. Bozzini further stated that in a long run their proposal would be cheaper than that proposed by Mr. Parness, and in answer to a question posed by Councilman Taylor relative to the difference in the proposals, he stated that it would not be possible to ac- complish their goal, if the man had to spend time with other things in the City government; also the person would have to be actively soliciting and contacting prospects, and under the City government, this would not be possible. Mayor Silva questioned Mr. Bozzini as to the percentage of county contribution that could be expected as it was his understanding there would be some amount, and he was asked to determine what that amount would be. It was stated that no specific amount is granted for this type of program. Mr. Parness was then asked to present his proposal for the benefit of the audience, which he did and stated that he felt there was some misuRderstanding on the part of Mr. Bozzini as to the intent of having the position established under City auspices, and it was not necessarily to have it diluted by other city affairs, but rather to related efforts. Mr. Parness also made reference to a system he would like to see implemented in the City, called a Community Development Department, which would consist of functions of City government which are associated such as Parks and Trees, Building Inspection, Planning, Housing and Industrial and Com- mercial Development which he felt were all related and inter- related. Mr. Parness stated he did not feel there was any dif- ference in his suggestion from that suggested by the Chamber, except where he sits and who he reports to and explained a de- partmental chart which accompanied his proposal, indicating it was a theoretical structure, which eventually he hoped the City would institute. Mr. Robert Allen, 223 Donner Avenue, stated that the City and Chamber both tended toward a salaried staff approach and suggested that perhaps they could do better by setting up a contingency - a finder's fee to industrial brokers and real estate development firms which would not be payable until we had successfully at- tracted an industry, and felt a study should be made for approaching industrial development in that manner. CM-23-75 I June 8, 1970 (Industrial Development Proposal Continued) Councilman Taylor stated that every piece of in- dustrial property is registered with industrial realtors, but it is not satisfactory to sit back and wait for industry to come in, and Councilman Beebe added that the Chamber did have an indus- trial realtor on a retainer basis, but his fee was $125 per day devoted to working with a client, and the fee was just too high, so the Chamber had to drop the program, and the neighboring cities have found that a professional person employed full time was a better way. Mr. David Madis, 1054 Canton Avenue, stated this was his first op- portunity to appear before the Council just as a concerned and interested citizen and commented as a professional attorney re people's thinking of the City of Livermore, stating that no matter where he went Livermore has a bad reputation; i.e. it has a lIhellll of a City Council, it is over regulated, with no opportunity for the businessman, no low cost housing, and the Planning Commission will not approve anything and there are too many restrictions. The reputation must be changed or all talk about attracting new industry is nothing more than talk. The first thing to be done, is have some- one make an impartial survey of what the opinion of the City of Livermore is in the entire Bay Area, because there has been talk from this town, from responsible people, who should be leaders in the community in developing this community, who said 1I1et's put a moratorium on growthll, and you must change that before you can start talking about bringing in industry. Mr. Madis stated he was for the Chamber's proposal because if it has a taint of the City of Livermore on it, they will not touch it. Mr. Madis further stated that he did not think the staff is bad or that Livermore is neces- sarily too restrictive, but the reputation is so widespread, that it must be overcome before industry can be attracted. Mr. Jack Dorman, 1033 Murdell Lane, concurred with the plan of the Chamber, if it is feasible. Councilman Miller commented that Mr. Madis, in his professional capacity, is a spokesman for the realtors and developers who com- plain bitterly because the Council attempts to improve standards in the City of Livermore for the people who live here, and every candidate for public office has run on a ticket of trying to attract good industry to the City. For twenty years Livermore has had a reputation of being run by the developers and realtors. Zoning restrictions now being enforced are for the benefit of those who live or will live here and were adopted under strong pressure from the citizenry. These are naturally objected to by developers who build their houses, take their profits and leave, leaving us with the smog and school problems. ~ Mr. Earl Mason, president of the Chamber of Commerce, stated that as businessmen, the Chamber wants to help the community and their proposal does not particularly help the Chamber, so they do not want it considered a subsidy to the Chamber. Their main purpose is to urge people to proceed with some sort of industrial manage- ment even though it means a small tax increase, because you have to spend money to make money. Mayor Silva read a letter received from Alice Pitts, member of the American Taxpayers Union, in opposition to either proposal for an industrial manager which might mean a tax increase. Mayor Silva stated that between now and the budget session, at which time a decision would be reached, the Council would study the proposals and the testimony presented this evening. Mr. Bozzini pointed out that the time to act was now because in- quiries regarding industrial development have doubled the past year. * * * CM-23-76 3K W.- tf/( ~~jl t:1jd~ Councilman Taylor questioned'Mr. Madis as to what business had made comments about Livermore being a difficult place to do business because of restrictions. Mr. Madis replied that the comments he had heard were made by mortgage brokerage firm. Councilman Taylor stated that most people involved in residential housing do feel that Livermore is more restrictive than most communities and he thought that this was true; but he had never heard an industrialist make comments about Livermore being too restrictive. He felt that the housing industry and other industry must be separated. CONSENT CALENDAR A Corporation Quitclaim Deed has been presented to the Council wherein the City of Livermore does quitclaim to Transamerica Title Insurance Co. all right, title and interest in and to cer- tain temporary construction easement in Tract 2932 (Hofmann Co.) RESOLUTION NO. 76-70 A RESOLUTION AUTHORIZING THE EXECUTION OF A CORPORATION QUITCLAIM DEED * * * Agreements have been reached with several pro- perty owners included in the Portola Avenue Annex No.4, and the following resolution was presented for completion of the agreements: June 8, 1970 (Resolution re Execution of Quitclaim Deed) (Agreement re Portola Ave. Annex No.4) RESOLUTION NO. 77-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (JUdson, Hangaris, Stratos, et al) * * * A copy of a communication from Supervisor Murphy to Mr. A. R. Taylor re Lounsbury's Dismantlers, was received and Councilman Miller suggested that a letter be sent to Supervisor Murphy thanking him for his interest in the matter. * * * A communication was received from Alameda County Mayors' Conference, together with a statement of Policy on Air Pollution Control. This item was discussed, and Mayor Silva advised that at the Mayors' Conference this policy was adopted and the Mayor of Livermore voted for the policy, which was forwarded to the appropriate State Legislators. Written Communicatior (re LounSbury's Dismantlers) (re Statement of Policy on Air Pollution Control) It was suggested that copies of this policy and the resolution passed by the City Council relative to balanced community concept be sent to our representatives, the Senate, State Environmental Control Council and local Air Pollution Study Committee. * * * Minutes of the May 14 meeting of the Beautifica- (Minutes) tion Committee were received. * * * An application for an exempt business license was received from the Livermore Jaycees for a dance on June 13. * * * (Exempt Business License) Eight-four claims in the amount of $37,082.01, (Payroll and Claims) dated June 4 were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 7524, and Coun- cilman Beebe from Warrant No. 7541 for their usual reasons. * * * CM-23-77 June 8, 1970 Approval of Consent Calendar On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the items on the consent calendar, including the resolutions, were approved. * * * REPORT RE GREENVILLE RD UNDERPASS (Reconstruction Proposal) Public Works Director Daniel Lee explained the proposed construction which is in the vicinity of the Western Pacific Railroad tracks and Green- ville Road. The work is being proposed by the County and they have asked the Board of Super- visors for permission to solicit bids, and the Board has, in turn, asked the County, what the cost would be for a wider underpass in lieu of a relocation of the route, and also asked that the matter be referred to the City Engineer for his comments, which are that it will be an improvement in safety because you will be able to see it as you approach the underpass; also, that the underpass is narrower than standard and speeds might have to be restricted, but the "S" curve is an advantage. Mr. Dennis Moore, a property owner in the vicinity of the proposed construction, had been before the Board of Supervisors with his alternate proposal, and the Board had agreed to a one week post- ponement to afford the City Council time to consider the matter. Mr. Moore explained that the object of the realignment was to get a better sight through the underpass which it would do, however this would increase the speed limit, and even though signs would be posted, people would not believe them. Mr. Moore proposed that since the future right of way is to be ultimately 110 feet, that the "S" curve be modified so that eventually it can be incorporated into this 110 ft. width, and when a wider underpass is built, there would still be a straight road. Mr. Richard Doty, 24 Apian Court, Danville, an industrial and commercial realtor, sympathized with a previous speaker, however stated he had appeared before many City Councils and complimented the Council on their attitude, and on the Public Works Department. Mr. Doty continued that his firm represents California Metalurgical Industries, and they will be expanding, and the proposed project will affect the frontage of their property, and he endorsed Mr. Moore's findings re safety and did not feel that the County's proposal would improve the safety and they would be acquiring more land than is necessary which would probably be abandoned later; also their proposal will leave an island which would be of no value to anyone, and asked that a resolution be adopted, endorsing Mr. Moore's proposal. Councilman Miller suggested that the Council recommend to the County they adopt a proposal similar to Mr. Moore's; however Mayor Silva asked Mr. Lee to comment on Mr. Moore's proposal, and Mr. Lee stated he could not support it as it would be only a temporary measure and not add to the safety of the situation. He felt that the County's proposal was good and they have attempted to do a good job and he would hate to oppose it. Mr. Doty stated that Supervisor Murphy had taken a personal interest in the project and did want the opinion of the City Engineer, and he felt that this section would be annexed to the City much sooner than the County expected. Mr. Lee stated that if the City opposed the project, the County will do nothing at that underpass, and when it comes into the City, it will be the City's problem. Councilman Miller stated that it will be a long time before there is money available for a wider underpass, and made a motion to adopt Mr. Moore's proposal as first choice, and secondly to go to the County's proposal. This motion was seconded by Councilman Pritchard, however the motion failed to pass by the following vote: AYES: Councilmen Miller and Pritchard NOES: Councilman Taylor and Mayor Silva ABSTAIN: Councilman Beebe CM-23-78 June 8, 1970 AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT. RECESS * * * Planning Director George Musso explained the present park standards, stating that the General Plan is divided into planning units, and within these units, depending upon the number of families, there will be one or more schools and one or more parks; about 700, K-6 children attend one school and for every K-6 school a park is proposed either in conjunction with, attached to or separate from the school. In a small neighborhood where only one K-6 school is proposed, there is proposed a community park. At the other end of the scale, you may end up with four or five schools and several parks, and perhaps a high school. Generally, each of the units will have three or four schools and three or four neighborhood parks and one large community park. REPORT RE PARK DEDICATION (Modification Standards) of Mr. Musso further stated that the Planning Commission has dis- cussed the inappropriateness of the park dedication fee and presented their findings to the Council and based on these find- ings, it is recommended that, pending a reevaluation of park standards, the City take the following action: 1. Increase the Park Dedication fee from one to two acres per 100 d.u., thereby providing one community/neighborhood park and two neighborhood parks for each 1800 families, a land area total of 36 acres, to meet the standards of the Livermore General Plan. This translates to two acres per 100 d.u. 2. Using a base of $10,000 per improved acre, the price frequently paid by the Livermore School District for school sites, that the new dollar base be computed for fee in lieu of land. 3. That the City consider, at a later date, a study to reevaluate park standards and consider an additional fee for initial improve- ment of the site (grading, turf, sprinkler system, etc.) 4. Attempts to be made to find means by which the Park Dedication requirement be expanded to include all residential development (for example, multiple and mobilehomes) by the inclusion of appro- priate clauses in annexation agreements, conditional use permits, and other appropriate means. Mr. Mike MacCracken, 818 Mayview Way, stated that he had done some research on the standards of parks and presented the members of the Council with some drawings indicating the need for parks in some areas, and spoke relative to a survey which had been taken indicating that 55% of the people were willing to pay an additional tax for parks and 64% were willing to have undeveloped parks lie idle. His point was that park land should be acquired and there should be a regular way of getting land for parks independent of the growth of the town, and he felt the dedication should be in- creased, and there should be a fee to at least pay for the initial grading, some trees, a sprinkler system and some play equipment. Mrs. Janet Read, 475 Malibu Court, commented on why the fees should be increased and stated she was one of the 64% who stated they would rather have their children play on land being preserved for parks in the future, even though it is undeveloped. Her reason being that we need adequate open space, and we must have parks if we are to grow into a gracious community because as the City grows and houses are built, other amenities must be provided. CM-23-79 June 8, 1970 (Park Dedica- Mr. Jack Phillips stated he was not in favor of the tion Continued) proposed 2 acres for every 100 homes, but rather that one acre of developed park land be dedicated per 100 d.u., so that a park would be available for people moving into new homes such as was done in Sunset East, and this would free funds to develop community parks. Mrs. Margaret Tracy, representing the League of Women Voters, stated that the City paid for the Sunset East Park, but the money was loaned to LARPD for development. Mrs. Tracy further stated that the Leauge supported implementation of City standards for parks as adopted in 1964, because according to the City, LARPD, County and State standards, we are deficient in parks. She urged adoption of the proposed modification of park dedication standards. Mr. David Madis stated that they are talking about something that is going to cost a lot of money, and he felt most landowners felt the park dedication should be increased, but it should done with the understanding they are raising someones cost to have a home when we are in a critical period of a housing shortage in the United States. He further stated that he was not representing any developer, but proposed that the City Council study with the developers, builders and landowners how increased park dedication can be made an integral part of a balancing of community interests. The developers know the City must have parks, and it must be attractive, and must meet the requirements the people have talked about this evening, but it should be balanced, and in balancing this, the City should look to- ward new concepts in housing developments, and he felt the City Council should meet the developer half way. Mayor Silva pointed out that they were having a meeting, and this item was on the agenda, and yet no developers were present to dis- cuss the matter, and he did not feel they should set up a special meeting with them. Mr. Madis replied that developers and their representatives have attended many meetings in the past, but have gone away because they were not listened to. Councilman Beebe stated that there are questions in his mind with regard to what load they will be putting on taxpayers in the future. He agreed that the City needed more open space, but wondered how the City would maintain more parks and felt this should be discussed with the Recreation District. Mr. MacCracken stated he had made some calculations and for three acres per 100 d.u., it would cost the homeowner from $5.00 to $7.00 per month. Councilman Taylor agreed with Councilman Beebe, but felt a policy should be established; then work out how it could be implemented. Councilman Taylor made a motion to adopt the recommendation of the Planning Commission with the exception that the $10,000 figure be resolved by the staff; that no reference be made to an additional fee and that the staff in preparing an ordinance have a fee per acre in mind for in-lieu dedication in those cases where it is impractical to dedicate land. This motion was seconded by Coun- cilman Pritchard who agreed with the comments made by Councilman Taylor in that during the campaign one of the main concerns of the people was parks, and he felt it would be to the best interest of the community to acquire this land now, and work the details out later. Councilman Miller stated he would echo the remarks made by Councilmen Taylor and Pritchard as they had just re-echoed comments made by him during his campaign, and commented that the park dedication being discussed was for the new areas, and the rest of the community which has not had the full extent of parks they should have, t~~...~~~. land acquisition should come from the tax rate. Further, the/~~- question about increase in dedication is not relevant to theAdevelop- ment as standards are~greater than two acres per hundred; if the ~ CM-23-80 I June 8, 1970 standards are greater than two, somehow they should have acquired or be acquiring this land. and the problem io whether to set it by dcdi cation or by purchaoc, but the point i3 they.... chould livo up to their ~tandardg, For M~ Madis' information, he stated that the developers do not lose density in increased park dedication. For the record, Councilman Miller pointed out that the problem in applying a dedication, they must satisfy the con- ditions of AB 1150 in that "park area must be for purposes of the subdivision", and referred to the general plan and the various types of parks called for, stating that neighborhood and community parks should be acquired by park dedication and agreed that ~ j . .L should be doubled. ~~r~ A/tJ: Mr. Lewis stated that ABl150 in the Subdivision Act, there is a ~ provision that relates generally to the number of provisions that seem to swing around to the use of the property for purposes of the subdivision, relating the subdivision to the use of the property which says that when the Council accepts a subdivision map containing dedication, it must indicate when that property will be developed. This indicates the intent of the legislature which is that this property not be left in its undeveloped state and there must be some indication that it not be left vacant too long. (Park Dedication Continued) Mayor Silva asked what would constitute development and if there was a subdivision abutting an arroyo then that arroyo could not be dedicated if it was not developed, and Mr. Lewis replied that it would be up to the Council to generally determine, from the facts presented in regard to a specific piece of land, whether it is related to the subdivision or intended primarily for use of the whole area. If the arroyo is part of the trail system, that would be a good indication it would be for use of the whole City as it is completing a plan that was not subdivision oriented. Mayor Silva stated that he agreed with all the statements made, but he felt standards should be adopted that would be right for Livermore, and believed the dedication should be increased, however not for a neighborhood park. He asked the Council if it was their intention to apply the additional acreage to neigh- borhood parks, as he would rather that the additional acreage go into a community park or to purchase land along the arroyo if the subdivision abuts the arroyo. Comments made by other Council members indicated they would be governed by the Planning Commission's recommendation. A vote was then taken on the motion and passed unanimously. * * * Mr. George Musso, Planning Director, explained the application for a Conditional Use Permit to allow a cocktail lounge at 4082 East Avenue within the Lincoln Shopping Center, which is similar to one submitted previously. He stated that other permits have been allowed in the various shopping centers, but in conjunc- tion with a restaurant, and this was just for a cocktail lounge, and the Planning Commission upheld their past action that the ordinance was designed for purposes of excluding what was being proposed and under a CUP, additional findings could not be made that would warrant the approval and adopted a resolution recom- mending that the application be denied after a public hearing had been held. CUP re Cocktail Lounge (Kirk Ward) Col. Carroll Peeke, 4291 Amherst Way, appearing on behalf of a group of neighbors in the vicinity of Lincoln Shopping Center, stated they are opposed to having a bar in this primarily resi- dential area. CM-23-81 1 ~ lSince the Recreation District has the same greater than two acres per hundred standards, this land is supposed to be de- veloped by them no matter how it is acquired. It is not their problem whether we, the City, get it by dedication or by pur- chase. " c:O-~ ~jA . ar~t"- . J 1> \ June 8, 1970 (CUP - Ward Continued) I After discussion of the subject application, a motion was made by Councilman Miller, seconded by Councilman Pritchard to accept the Planning Commission's recommendation for denial of the CUP to allow a cocktail lounge, and passed unanimously. RECOMMENDATION RE VARIOUS Z .0. AMENDMENTS (Sec. 21.90, 20.60 & 20.34) SUMMARY (Planning Commission) * * * Recommendations were received regarding various Zoning Ordinance amendments for Section 21.90 - Cluster Development; Sec. 20.60 - Accessory Struc- tures and Uses; and Sec. 20.34 - Various regula- tions re street frontages, projection into street and non-street frontages. It was the Council's decision to set a joint study session with the Planning Commission for July 28, 1970, to dis- cuss these amendments. * * * A summary of action taken at the Planning Commis- sion meeting of June 2 was acknowledged. * * * An ordinance re Zoning Ordinance amendments of Section 21.70, freestanding signs and signs in Industrial Districts had been introduced previously after certain changes were made in the draft and referred back to the Planning Commission to be written into the final draft. After some discussion, a motion was made by Councilman Pritchard, seconded by Councilman Beebe, the second reading of the ordinance was waived (title read only) and by the following vote, the ordinance was passed: ORDINANCE RE Z.O. AMENDMENT (Sec. 21.70) AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None None PROPOSED ORDINANCE RE Z . 0 . AMEND- MENT (Arroyo Road Annex No.2) AYES: NOES: ABSENT: ORDINANCE NO. 712 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING SUBSECTIONS 21.72, 21.72A, 21.75D, 21.75-1 2, 21.75-1 8, 21.75G, AND REPEALING SUBSECTION 21.72H, ALL RELATING TO SIGN REGULATIONS. * * * On motion of Councilman Miller, seconded by Coun- cilman Taylor, the reading of the ordinance was waived (title read only), and by the following vote the ordinance rezoning that property located between Holmes Street and Arroyo Road, southerly of easterly extension of Alden Lane, commonly known as Arroyo Road Annex No. 2 from Unclassified to A-20 (Agricultural) District was introduced: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None None CM-23-82 * * * Mr. Donald Bradley, Administrative Assistant, stated the Council had been asked to endorse a Suicide Prevention Bureau, and he was asked to obtain more information on the matter, and reported on it at this time. It was the con- sensus of the Council that they should endorse the project, and Mr. Bradley was asked to transmit a letter to that effect. * * * June 8, 1970 MATTERS INITIATED BY STAFF (Suicide Prevention Bureau) (Jr. College Meeting) Mr. Bradley also reported he had attended a meeting on May 27 re the Junior College, which he stated was a briefing to all communities on the status of the Junior College District in an attempt to solicit opinions from members of the community regarding their feeling on various ways of financing they had to face, mainly the long term bonds or tax override, and the third choice would be putting those choices on ballot for voters to decide. He felt the newspapers did a good job in covering the meeting, and there was no real feeling from the community at this point and no direction given to the board on either proposal. * * * Mr. George Musso stated that the City's reputa- (Statement re tion was perpetuated again by statements that Zoning Issues) the City never approves anything, and commented that 80% to 90% of everything presented to the City is approved, more or less routinely, and no one hears about it until the buiMing is completed, and the only ones that come before the Council are contrary to the ordinance, zoning and the General Plan. Councilman Miller commented that the criticism has come primarily from home builders. Further discussion by the Council indicated that other cities are also considered IIhard nosedll, and Council- man Beebe stated it was a two-way street and felt that a compro- mise could be reached, which would improve relations. * * * Councilman Beebe suggested that the draft of the ordinance re Sec. 21.40 (Off-Street Parking) which was discussed at the June 1st meeting and referred back to the Planning Commission with certain suggested changes, also be given to the Chamber of Commerce. They should be advised when the hearing is to be held and asked for their comment and participation. * * * There being no further business to come before the Council the meeting was adjourned at 11:30 p.m. APPROVE * * * MATTERS INITIATED BY COUNCIL (Proposed Ordinance re Off-Street Parking) ADJOURNMENT CM-23-83 Regular Meeting of June 15, 1970 A regular meeting of the City Council was held on Monday, June 15, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:04 p.m. ROLL CALL MINUTES OPEN FORUM (Apology) * * * PRESENT: Councilmen Beebe, Pritchard, Miller and Mayor Silva ABSENT: Councilman Taylor * * * The minutes of the meeting of June 8, 1970, were approved as amended on motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote. * * * Mrs. Betty Smith, of the Pet Palace, 2047 First st. spoke regarding a statement made about her estab- lishment by one of the Councilmen which had been printed in the paper. Mayor Silva apologized to her publicly for using the name of her business establishment in a discussion at the recent study session of the Council. * * * (Complaint- Ira Doss, 909 Norfolk Road, made a complaint re- Truck Parking) garding trucks parking on Pine Street near Murrieta Boulevard and in front of his house. The City Attorney explained that there are limitations on parking; they can be towed away after 72 hours parking. The park- ing of trucks can be prohibited, but it would require signs and markings. Also, more stringent restrictions are possible and could be considered by the Council. Mr. Lewis was asked to report to the Council regarding possible action in this matter. (Authorization Mayor's Signature) * * * CONSENT CALENDAR Because of the change in the Mayor's office, a resolution authorizing signatures for signing checks and the method thereof is required. RESOLUTION NO. 78-70 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 (Agreement- Sewer Connec- tion - Pahlmeyer) CM-23-84 * * * A sewer connection agreement has been signed for the service station at Portola Avenue and First Street and the following resolution authorizing the execution of this agreement is required. RESOLUTION NO. 79-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (SEWER CONNECTION) * * * June 15, 1970 (Intention to Abandon King Avenue) The Housing Authority has found by a title search that King Avenue, the thoroughfare ex- tending north from East Avenue into the Vila Gulf Housing property, is a restricted ease- ment for public street purposes. It has been closed for public use for a number of months. The new housing plan calls for street access to be afforded from the extension of Rose street and Leahy Way and the Housing Authority has requested that the City vacate its easement so as to clear the title. The following resolution is the first step in the vacation proceedings. RESOLUTION NO. 80-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE DECLARING ITS INTENTION TO CLOSE UP AND ABANDON ALL OF KING AVENUE IN THE CITY OF LIVERMORE, AS SAID AVENUE IS PARTICULARLY DE- SCRIBED IN THIS RESOLUTION. * * * Minutes of the Beautification Committee meetings of May 28 and June 4, 1970 were acknowledged. * * * (Minutes - Beautification Committee) Ninety-one claims in the amount of $188,036.27 (Payroll and Claims) and Three Hundred Seventeen payroll warrants in the amount of $98,182.94, dated June 11 were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 7617 and Councilman Beebe from Warrant No. 7602 for their usual reasons. * * * On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote, the items on the consent calendar, including the resolutions, were approved. Mayor Silva abstained Resolution No. 79-70. * * * (Approval of Consent Calendar) from voting on State Savings and Loan Association has applied for a Conditional Use Permit for a freestanding sign at 999 East Stanley Boulevard. The Plan- ning Director explained that Conditional Use Permit for a freestanding isgn is allowable if the Commission can find that the sign, which would be ordinarily allowed on the front of the building, is not reasonably visible to the public. If a situation exists such as a setback a great distance from the street, then a freestanding sign could be allowed for identification of the business. The Planning Com- mission recommends that the application be denied as they did not find that a freestanding sign would be necessary for proper identification of the business. The Council can approve or deny the application or set the matter for public hearing. CUP - Freestanding Sign (State Savings & Loan Ass'n.) Mr. David Madis, from the law firm of Miller, Critchfield, Eaton and Madis, told the Council that the applicant was not asking for a true freestanding sign. Within thirty days construction would begin on a $250,000 building with a total investment of a half million dollars which will be an asset to the City. State Savings and Loan need some kind of sign for identification for their tem- porary quarters so that those with loans in the area already may be serviced. The sign would be for temporary use only until com- pletion of the permanent structure. Mr. Hodgkins, vice-president of State Savings and Loan from Stockton, said his company was proud of what they do and are very sensitive CM-23-85 June 15, 1970 to the feelings of the communities which they enter. The trailer now in use had been used successfully in three other locations as temporary quarters. The approach is to locate the trailer, obtain a manager, and to transfer loans to the area for servicing and make the public aware of the business be- fore the new building is ready. A sign is needed to identify the location. The proposed location for the sign is on that area which will be sidewalk leading to the permanent building, and therefore, will not be left there permanently. The company would not build a $250,000 building and leave a sign there which would detract from it. There will be a fence along the street similar to those around the subdivisions and Mr. Hodgkins said they were conservative and used the best design and construction for their establishments. (CUP - state Sav. & Loan Continued) Councilman Miller stated that Section 21.74 (e) of the Sign Ordi- nance states that all signs shall be parallel to and project not more than two feet from the side of the building to which they are affixed; he pointed out that the proposed sign would not be parallel to the building. Mr. Musso pointed out there is no CUP procedure to allow perpen- dicular signs and that this is why the matter is before the Council. Councilman Beebe stated he felt the buisness was badly in need of a sign as he had been by the location several times and the trailer did look like a construction trailer. Councilman Miller stated he had looked at the situation and wished to make a suggestion. His proposal was to place the sign on a pole parallel to the trailer instead of perpendicular. Parallel place- ment would make the sign more visible to people coming down Stanley Blvd., but would not help for people going west on Stanley Blvd., so perhaps a sign could be placed under the canopy which would be visible for people going west. Then there would be two exposures, two signs, visible from both directions, and the sign ordinance would be preserved. Mr. Madis felt a sign under the awning would be difficult to see, and also they preferred not to have two signs. One sign would have an uncluttered appearance; they were trying to keep a clean, neat substantial appearance for the location. Councilman Pritchard asked Mr. Musso to clarify possible courses of action by the Council in regard to the sign. It was pointed out that the sign could be against the trailer at a 90 degree angle which would require a variance; or it could be away from the trailer on a pole through approval of a CUP with conditions set by the Coun- cil. A CUP can be granted on the grounds that the sign as allowed by the ordinance would not be visible from the street. Councilman Miller stated that the point of the discussion was that signs are to be parallel to the street, not perpendicular. Fur- ther, that as soon as construction is started, people will notice the building and will see the sign. Actually construction would attract attention. Councilman Pritchard felt that since there is extensive construction in the area the business should be identified. He felt that if there is not a basis for granting a CUP, then he would suggest a variance as this is clearly a situation where nothing was provided in the sign ordinance. Mr. Lewis, City Attorney, stated that at the time the sign ordinance was drawn up, the Council decided that variances should not be given. If it is felt that this situation should be covered in the ordinance, then the ordinance would have to be amended. CM-23-86 Mayor Silva suggested that a sign be placed on each end of the trailer. Mr. Hodgkins said the corner had a greater arc or curve than most, and it is impossible for a driver coming down Stanley Blvd. to see a sign on the end of the trailer. June 15, 1970 (CUP - State Sav. & Loan Continued) Mayor Silva then suggested a sign parallel to Fenton and one parallel to Stanley Blvd. Mr. Bottarini, of Ad-Art, stated he felt that the proposal made on behalf of the applicant was in accordance with the desire for an attractive sign. He felt two separate signs would not be as attractive. Councilman Miller made a motion that a freestanding sign be allowed within the canopy area (which would be in addition to a sign up against the building on the Stanley Blvd. side as allowed under the ordinance). There was no second to the motion. Councilman Pritchard made a motion to grant the temporary use of the freestanding sign on the findings that the allowable sign would be ineffective for its purpose to coincide with the use of the trailer. This motion was seconded by Councilman Beebe, but the motion failed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe and Pritchard Councilman Miller and Mayor Silva Councilman Taylor Mayor Silva made a motion to allow two freestanding signs no higher than the trailer parallel to Stanley Blvd. and Fenton Avenue with signs to be removed at completion of construction. The motion was seconded by Councilman Pritchard. The signs would have to be a minimum of five feet from the sidewalk to comply with pre- sent ordinaces. After further discussion, Councilman Pritchard withdrew his second. Councilman Miller made a motion to allow two signs - one flush against the building and, secondly, a freestanding sign in front of the canopy supports parallel to Fenton Avenue for temporary use. The motion was seconded by Councilman Pritchard, and was approved unanimously. * * * An application has been made by Home Savings and Loan Association for a Conditional Use Permit to allow continued use of the existing revolving roof sign at 275 South K Street. CUP - Home Savings & Loan Association Mr. Musso stated that the ordinance clearly states that it must be determined if the sign is architecturally and integrally a part of the building. If the Council determines that it is, then the sign can be allowed; otherwise the permit should be denied. The sign has been in existence for a number of years. The question of visibility is not under consideration - only the design of the structure. Mr. Mike Allen, Home Savings and Loan Association, showed the Council the architect's original drawing prepared several years ago. He explained to the Council that Home Savings and Loan merged with Guarantee Savings and Loan Association and were required by the State Department of Savings and Loan to change their identifi- cation. The sign meets the Loan Commissioner's requirements as designed. According to the Planning staff's report there are unused allowable sign areas but that they did not intend to use these sign areas and wished to continue the use of the sign structure already in use at time of purchase of the building. Their archi- tects and those who originally designed and constructed the building CM-23-87 June 15, 1970 (CUp - Home Sav. & Loan Continued) felt that the sign is an integral and architectur- ally acceptable part of the building. Mr. Allen pointed out that the sign no longer rotates elec- trically. Mr. Musso explained that the criteria for deciding if the sign is integrally and architecturally a part of the building is whether that portion of the building to which the sign is affixed is there just for the purpose of signing or is it a part of the structure. Discussion followed regarding the design of the building in ques- tion and whether the columns supporting the sign were necessary to support the building itself. A motion was made by Councilman Miller, seconded by Councilman Pritchard, to adopt the recommendation of the Planning Commission to deny the Conditional Use Permit for continued use of the sign. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmen Pritchard, Miller and Mayor Silva Councilman Beebe Councilman Taylor Jack Phillips, 551 No. P Street, stated that in his oplnlon the sign ordinance was not worth the paper it was written on and felt it contained many injustices and inequities. He felt this sign should be allowed temporarily until the ordinance could be rewritten. Councilman Pritchard pointed out that the majority of businesses had complied with the ordinance and it would be unfair to them to amend it now. Councilman Miller stated that the sign ordinance was passed after numerous public hearings over a period of two years. The object of the sign ordinance is to make Livermore an attractive place to live in and to help the businessmen in spending less money for signs. There is a distinct improvement in the appearance of the downtown area. He felt that the majority of the people approved of the ordinance, and this was supported by the results of the recent Chamber of Commerce survey. TRAILER STORAGE RESIDENTIAL AREAS PUD No. 15 (Carlton Development Co~ * * * The Planning Director informed the Council that consideration of trailer storage in residential areas has been suggested as a study session item for a meeting of the Commission and the Council. It was the decision of the Council to continue this item under the study session set for July 28. * * * A request for extension of Planned Unit Develop- ment permit No. 15 has been made by the Carlton Development Company. The property involved is located south of Stanley Blvd. and east of Isabel Avenue. A motion was made by Councilman seconded by Councilman Miller, to set this matter for a hearing on June 29, and the motion was approved unanimously. Beebe, public TENTATIVE MAP (Tract 3064) CM-23-88 * * * No action was required regarding possible amend- ment of design and assessment of density for tentative map, Tract 3064, as this matter was tabled by the Planning Commission until further tract maps are submitted by the developer. * * * June 15, 1970 The Planning Commission recommended possible resolutions for submittal to the League of California Cities at its annual conference this fall in San Diego. Councilman Miller suggested asking for a resolution for endorsement of AB 1271. motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous approval, the following items will be submitted to the League of California Cities for possible resolutions: RESOLUTIONS-LEAGUE OF CALIFORNIA CITIES On 1. Be it resolved that necessary steps be taken with the State Board of Education to allow mobilehome l1pads" to be counted as vacant dwellings for purposes of house count in establish- ing need for State Aid in School Housing. 2. Be it resolved that legislation be introduced allowing juris- dictions the right to assess fees for school housing. 3. Be it resolved that legislation be introduced to provide that mobilehomes be taxed as real property after a minimum period of location within a mobilehome park. 4. Be it resolved that the League of California Cities endorses proposed legislation AB 1271 which would allow cities to ask for dedication of land for schools by developers. * * * The minutes of the Planning Commission's meet- ing of June 2 were acknowledged. MINUTES * * * The City Manager submitted a report regarding the consolidated study by seven public juris- dictions, including Livermore and the Valley Community Services District, of South Bay sewage discharge: As a result of this study a proposal has been made for conduct of a study, to be performed by a consultant, concerning alternate solutions for disposal of South Bay waste water. The estimate of cost for this work is $250,000; costs are appropriated based upon the plant capacity of each discharger for dry weather flow in 1980 and on this basis Livermore's portion is $10,000. It is recommended that the City participate, but that participation be subject to the inclusion of the scope of work insert prepared by us into the major study. COOPERATIVE AGREE- MENT SO. BAY SEWER DISCHARGE Mayor Silva felt that if we do contribute we are saying that we will go along with whatever is proposed. He felt it might cost the taxpayers less if the treatment plant is extended. It might be best to disengage ourselves now. Mr. Daniel Lee, Public Works Director, stated that the idea of this study in the South Bay is to consider special problems in the South Bay, such as the flushing problem. It has been urged by several agencies involved that we do go along with this study. He felt this study would consider our Valley independently, and he felt we would suffer bad public relations if we did not parti- cipate. This study should resolve many questions as to causes of discharge problems as well as solutions. Mr. Parness pointed out that inclusion of a statement of scope of work to be carried out should be a requirement for our parti- cipation in this study. Approval should be provisional upon this scope of work being included. Discussion followed relating to the advisability of participation in this study as well as effect of not joining in the study. CM-23-89 June 15, 1970 (Cooperative Agreement - So. Bay Sewer Discharge Continued) Mr. Lee felt that if we do request a detailed scope of work it probably would not be accepted. This study is to be creative in the sense that it cannot be defined or limited at this time. Mr. Parness pointed out that his intention was that when the contract is eventually drafted for execution by a consultant that it contain these provisions which have been drafted with particular refer- ence to our Valley. A motion was made by Councilman Miller, seconded by Councilman Pritchard, to adopt the City Manager's recommendation for par- ticipation in this study. The motion was approved unanimously. * * * TRACT 2946 The City Manager stated that reports had been PARK DEDICATION made by the City Attorney and the Planning Di- rector regarding the park dedication in Tract 2946, by H. C. Elliott. He pointed out this matter involves recalculation of the amount of land and fees paid in regard to park dedication on Tract 2946, in the north section of the City. The essence of these reports is that the City should reimburse the developer in the amount of $840, which is equiva- lent to about .12 acres that has been over-dedicated and also to authorize the release of bonds posted. A motion was made by Councilman Beebe, seconded by Councilman Miller, to issue a monetary credit in the amount of $840 to H. C. Elliott and that the surety bond be released; the motion was approved unanimously. Councilman Miller stated the City should recognize Mr. Elliott as being the first to dedicate park land to the City. Also, Coun- cilman Miller pointed out that Mr. Elliott was the largest con- tributor to the Hansen Park fountain, but was never given recog- nition for this. ZONING ORDINANCE Arroyo Annex No. 2 * * * ORDINANCE NO. 713 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 Miller, seconded by Councilman Pritchard, the second reading of the above ordinance was waived, and by the following vote, the above ordinance was adopted: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard, Miller and Mayor Silva None Councilman Taylor MATTERS INITIATED BY COUNCIL (Upgrading Substandard Housing) * * * Councilman Miller spoke regarding the possibility of assigning deficiency points, which had been suggested by Chief Building Inspector Herb Street some time ago, for deterioration and thereby in- creasing assessed valuation of properties. This could upgrade substandard housing, and would re- quire legislation to be effective. This proposal was discussed by the Council and it was suggested that Mr. Street furnish a written report on his proposal. Mr. Street advised that he had done some research on this matter and CM-23-90 , sent it to some of the legislators for comment and did receive some encouraging comments, however, although they all thought it to be a good idea nobody wanted to do anything about it. * * * June 15, 1970 (Upgrading Sub- standard Housing) (Re Jackson Avenue Park) Councilman Miller stated that the City has pur- chased Jackson Avenue Park, but it is not clear to him that we have given formal notice to the Recreation District and suggested that formal notice be given. Also, the staff is to furnish LARPD with a list each July 1st what parks the City expects to acquire by dedication or otherwise in the next fiscal year, and Councilman Miller suggest- ed that this be prepared so they will know what their problems will be and what parks we have. Mr. Parness advised that the Recreation District had been given formal notice with regard to Jackson Avenue Park and it is covered by the master lease the City has with them. * * * (Lines on Fourth street) Councilman Miller stated it has been suggested that lines be drawn on Fourth street to indicate all four lanes, which would perhaps be safer. However, Mr. Lee stated there is a problem with width as the street is only 56 feet wide and four 12-foot would not allow enough space for parking on either side. * * * Mayor Silva suggested that a letter be drafted commending the Jaycees for their efforts in arranging for the parade, which he thought was one of the finest ever. * * * lanes (Parade) There being no further business to come before ADJOURNMENT the Council, the meeting adjourned at 10:10 p.m. to an executive session to discuss the union proposals. */I * d,-,L, APPROVE / ;j MaY~or ," /J ATTEST c.tP'Lk.zz:$t IS u~--#.--F- ty k - Liv orEt/ California * * * CM-23-91 Regular Meeting of June 22, 1970 A regular meeting of the City Council was held on Monday, June 22, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES The minutes of the meeting of June 15, 1970 were approved as submitted on motion of Councilman Pritchard, seconded by Councilman Miller, by the following vote: AYES: Councilmen Beebe, Pritchard, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Taylor * * * Al Richards, 651 Brookfield Drive, asked what could be done about an odor from the Water Reclamation Plant. He had inquired by phone about this problem and was informed that it was broken. The Public Works Director stated they did have problems with the sludge disposal; this was an area that was reaching capacity and proposals to enlarge this portion would be made shortly. The digesters had been out of commission for a few days recently but this was being corrected. OPEN FORUM (Water Reclamation Plant) Mr. Richards also asked about cleaning the street in his block as there was much dirt and debris and Mr. Lee was asked to check into this matter. * * * CONSENT CALENDAR Departmental Departmental reports were presented as follows: Reports Airport - activity and financial - May Building Inspection - May Fire Department - April Golf Course - May Justice Court - April Police Department - May Water Reclamation Plant - May * * * Tract 3129 - Hofmann Co. RESOLUTION NO. 81-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3129. * * * RESOLUTION NO. 82-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3129 CM-23-92 June 22, 1970 In answer to questions by the Council, the staff (Tract 3129 Cont'd) pointed out that this agreement did include park dedication for this tract located south of Stanley Boulevard, east of Isabel Avenue, containing 90 lots. * * * Report re County Gas Tax Apportionment The City must submit an application by August 1 for appropriation of funds under the Aid-to- Cities Program (Mayor's Formula) for improve- ments of city streets of more than local im- portance. It is requested by the Director of Public Works that the reconstruction of Second Street from Holmes Street to South Livermore Avenue be partially financed under this fund. Total estimated construction cost is $147,620. * * * The City Manager has received a report from the State Department of Finance which indicates 37,300 for our census as of March 1, 1970. This estimate is somewhat higher than the preliminary by the Federal Bureau of the Census. Additional being sought re a possible course of action upon final federal census count. * * * state Census count reported information is receipt of the The City Manager reported that the owner of nine acres adjoining Jackson Avenue Park on the easterly side has inquired if the City is interested in purchasing the property. The purchase price would be at the same rate as the original purchase of the park property. It was recommended that the purchase of the property be declined. * * * Jackson Avenue Park Addition The Beautification Committee recommends purchase of twenty exposed aggregate litter containers for downtown Livermore from the Fast Project Company at a price of $83.72 per container. The City Manager recommends that this matter be referred to his office for a review of the liner quality and that consideration of this expenditure be disucssed during the budget session. * * * Notification from the Clerk, Board of Supervi- sors advises that July 2 has been set for the appeal hearing to consider certain sign appli- cations granted by the County Planning Commis- sion. This item was removed from the consent calendar for later discussion. * * * A State Legislative Joint Committee on Seismic Safety has been formed to study the problem of earthquakes and to review existing laws such as building and Civil Defense. The City Manager has been asked to serve on this committee. * * * Beautification Committee Report re Trash Cans Appeal to Board of Supervisors re Signs Seismic Safety Committee Appointment CM-23-93 June 22, 1970 Eminent Domain Proceedings - East Ave. & Stanley Blvd. RESOLUTION NO. 83-70 A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNA- TION OF A PERMANENT FOURTEEN FOOT WIDE EASEMENT AND RIGHT-OF-WAY, PLUS CURB RETURN, ON, OVER AND ACROSS CERTAIN LAND FOR THE WIDENING OF THE NORTHERLY SIDE OF EAST AVENUE, A PUBLIC STREET, CITY OF LIVERMORE, COMMENCING AT A POINT ON THE EASTERLY LINE OF HILL- CREST AVENUE AND RUNNING THENCE EASTERLY 345.36 FT.+ PARALLEL TO SAID EAST AVENUE. RESOLUTION NO. 84-70 A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF A PERMANENT TEN FOOT WIDE EASEMENT AND RIGHT-OF-WAY, ON, OVER, UNDER AND ACROSS CERTAIN LANDS FOR THE CONSTRUCTION AND MAINTENANCE OF A STORM DRAIN PIPELINE ON THE SOUTH SIDE OF EAST STANLEY BOULEVARD COMMENCING AT A POINT APPROXI- MATELY 300 FEET EAST OF THE INTERSECTION OF ISABEL AVENUE WITH THE SAID EAST STANLEY BLVD. FOR A DISTANCE OF 109 FT +. It is recommended that the above resolutions be adopted in order that rights of way can be obtained for East Stanley Boulevard widening just east of Isabel Avenue and East Avenue at the intersection of Hillcrest Avenue. In each of these projects a property owner has insisted that condemnation be initiated by the City. * * * Waiver of Claims (Tr. 2694 & Tr. 2925) RESOLUTION NO. 85-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH G & F L HOMES, INC. The above resolution authorizing execution of an agreement for waiver of claims by G & F L Homes, Inc. regarding Tracts 2694 and 2925 is recommended for adoption. A dispute between two developers has arisen over reimbursement of credits from oversizing the storm drain. It is almost certain that litigation will result as to pay- ment of these credits which are held by the City. G & F L Homes has agreed to release the City from any liability for partial pay- ment of these credits to the other developer if the City will wa~€ the technical defense in this matter. If court action comes ~ the City will admit it has the money and will pay it to one of the~~ developers because it was paid in by them. This agreement will ~ clear the way prior to court action so that the funds may be de- posited. * * * A report was made by the City Attorney regarding the procedure for setting the sewer service charge. Mr. Lewis stated that the procedure is in accordance with the Health and Safety Code which states that the City can use the County tax roll to collect the charge. The City can annually determine whether or not the ser- vice charge should be placed on the County roll. The Council can change the rate or the manner in which it is collected; however, we are concerned now with the choice of billing sewer service charges ourselves or placing them on the tax roll. Sewer Service Charge Procedure Mr. Jack Phillips, 551 North P Street, protested having the charge put on the tax roll as a separate charge. He felt it should be a part of the tax rate. Mr. Lewis stated the Council had two ways to collect the charge: It could be a service charge (not a tax) or the general tax rate can be increased to pay for the sewer tax plan. This will be discussed further during the budget session. * * * CM-23-94 Discussion of the regarding parking areas was delayed and this item was report from the City Attorney of trucks in residential until later in the meeting removed from the Consent Calendar. * * * Minutes of the Housing Authority meeting of May 19 were acknowledged by the Council. * * * An application was received for an exempt busi- ness license from Girl Scout Troop No. 176 for the sale of ice cream at the dog show. * * * On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous vote, the items on the consent calendar, including the resolutions, were approved. * * * At the request of the developer, H. C. Elliott, consideration of tentative map of Tract 3186 was continued until the second week of July. * * * June 22, 1970 Parking of Trucks in Residential Areas Minutes Exempt Business License Approval of Consent Calendar TENTATIVE MAP TRACT 3186 (H.C. Elliott) An appeal was submitted by Graham Nissen on be- half of the American Red Cross from denial of a variance application by the Planning Commission. Planning Director George Musso stated that the application was for a variance to allow setbacks to be reduced to zero on two sides of the proposed addition to the professional office building. This is a CP Zone which requires a five foot setback on a non-street frontage yard. The Planning Commission voted two-two for denial. APPEAL OF DENIAL OF VARIANCE (American Red Cross) Mr. Barrie Engle, attorney for Mr. Nissen, on behalf of the Red Cross, said he felt the Council could not ignore the fact that this is an enterprise for the welfare of the community in general. They were attempting to make the best use of the funds of this organization through use of space and design. He explained the proposed plan and emphasized that this was designed to conserve the funds of the Red Cross. Adequate parking was planned under the present zoning. Councilman Taylor asked if it would be possible to build this building five feet from the north property line; in other words, eliminate five feet of the building in the back, and build a conforming addition as it seems with a minor adjustment, the building could be made conforming. However, Mr. Engle stated that in order to make the building conforming, it would require a five foot setback from the rear as well as from the side, and the loss of space would be such that in order to make it up, they would also lose parking space and there would be a maintenance problem and he explained other problems that would be encountered with the wider setback. There is an existing garage on the property and Mr. Engle stated that it could be eliminated if the Council felt it would be appro- priate. He also stated that if the existing garage were eliminated as a condition to the variance, they could get by with a three foot setback to the present building line from the property line, but still maintain the zero setback at the rear property line which is essential to them for their purposes. CM-23-95 June 22, 1970 (Variance - Red Cross Continued) Councilman Miller felt that the setbacks were not really relevant as the cost would be essentially the same depending on the square footage of the building and could not understand the argument that it was essen- tial to go all the way back to the property line from a cost standpoint. Councilman Taylor felt it would mean a change in the "CP" Zone as there might be the same argument for any "CP" application in the future. Councilman Pritchard stated that according to the meetings the past two weeks, it appeared that variances are never to be granted and if this is the case, they box themselves into the corners. This is an instance where a need is felt to go to the zero lot line, and since they are already nonconforming on part of the building, it is hardnosed to say they are not going to grant any variances. Mayor Silva explained that this was not the intent of Councilman Taylor's comment, but if it is felt there should be a zero building line in the CP Zone, then the ordinance should be changed, and if the majority of the Council agrees, then it will be changed, but each application for variance should be taken on its own merit. Mayor Silva asked the Planning Director how old the existing build- ing was and Mr. Musso advised that there is a condition in the ordinance that specifically, in a CP Zone, when you convert a pre- existing building to CP use, they are exempt from setbacks, but any addition or new building must conform to setbacks. In reply to what the future use for this area might be, Mr. Musso stated that it is ffCp and that to fill a need for professional offices, before the hospital complex and because they thought it might not be a long term activity, they allowed a multiple residential use - basi- cally multiple and professional office. The idea was that if there no longer were a need for professional, then the use could become multiple. Councilman Miller stated there had been a consistent and strong policy of the City not to allow this area to become strictly com- mercial. He asked that the findings necessary for allowance of a variance be summarized. Mr. Lewis read the provisions which stated that variance of zoning ordinance shall be granted only when because of special circumstances applicable to the property, including size, shape, topography, lo- cation or surroundings, the strict application of the zoning deprives such property of the privileges enjoyed by other property in the vicinity and under idential zoning classification. The local body, or Council, can impose such conditions as will prevent the granting of a special privilege. Councilman Taylor stated he saw no problem with the setback to the rear of the property line except for precedence setting and felt he could justify the side setback, but not the back. If the side setback were reduced to three feet, it would give the applicant two more feet and would conform with existing construction. Mr. Engle, on behalf of the applicant, felt the Council could use as a basis for granting the variance to the back property line, the overriding public welfare benefits to be secured by granting this variance. The welfare of the citizens are best served by the application of funds in the manner proposed. Councilman Taylor made a motion, seconded by Councilman Miller, that the variance be granted on the north side to allow a three foot setback to allow the building to line up with the present construction and that the use be approved. The motion was approved unanimously. CM-23-96 June 22, 1970 Mr. Engle stated that there was a storm drain- (Variance-Red Cross age fee of $294.00, building fee of $90.00, and Continued) a sewer connection fee of $283.00 assessed against the construction, and he asked for waiver of these fees in this case because of the welfare purposes of the use. After discussion relating to whether or not to waive the fees, the matter was referred to the staff for report as to which fees can be legally waived and precedence in this matter for later discussion and action. * * * Mr. Musso stated this was an application for a Conditional Use Permit to allow a use not nor- mally allowed in the CP District. The applica- tion is for a real estate office to be located at 1519 Portola Avenue. The Planning Commission recommended that the application be approved subject to the following conditions; CUP APPLICATION (LeRoy P. stuart) 1. Permit to include signs appurtenant to use in accordance with regulations applicable thereto at time of issuance of a sign permit. 2. Permit to be granted for a period ending June 30, 1971. Mr. Musso stated that one person attended the public hearing of the Planning Commission. Discussion followed as to previous uses of this location and zoning and use of the surrounding area. Councilman Taylor stated that the building exists on a small lot probably not suited for multiple. If the application is approved the applicant should understand that City restrictions will be applied since it is in a residential area. The other alternative is that the building remain vacant. Councilman Miller felt that perhaps the property should be re- zoned to multiple as this is the surrounding use. Mr. stuart, the applicant, stated there is an existing mortgage on the building and property of $15,000 which would make it diffi- cult to tear the building down to build multiple. His type of business would have little traffic as compared to other uses. Councilman Beebe made a motion to approve the application for a Conditional Use Permit with the conditions noted by the Planning Commission. The motion was passed by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller None * * * An application for rezoning has been submitted by Sacramento Savings and Loan Association for property located easterly of Murrieta Blvd., southerly of Olivina Avenue from RL-6 (Low Density Residential) to RG-IO (Suburban Multiple Residential) District. In addition the Planning Commission has initiated expansion of the area of consideration to include additional areas for matter was set for hearing on July 20, 1970. REZONING East of Murrieta Blvd., So. of Olivina Ave. (Sacramento Sav. & Loan Association) rezoning. The Councilman Beebe requested that the staff prepare cost estimates for the public works improvements on the east and west side of Murrieta Blvd. Councilman Miller asked that the staff examine an alternative for a five acre park on the east side of Murrieta Blvd. which could be acquired by condemnation as an alternate to density transfer. CM-23-97 June 22, 1970 COUNTY REFERRAL RE REZONING (Bergman) The Planning Commission has considered the re- ferral from Alameda County Planning Commission of the application of Vern E. Bergman for rezoning from A (Agricultural) to C-2 (General Commercial) District a site located between Central Avenue and Northfront Road (5940 Northfront Road). The applicant wishes to operate a trailer and boat storage area. The Planning Director stated that commercial use has already been approved for a service station at the Vasco-Northfront Road inter- section and this application is for zoning of property to the south for storage area. The Planning Commission felt that CH (Highway Commercial) would be appropriate zoning for this area and also the requested use would be a proper use under this zoning. Councilman Taylor made a motion, seconded by Councilman Beebe, that the recommendation to the County be as follows: 1. Denial of C-2 Zoning on basis that many uses permitted under C-2 are not of type envisioned by City for this area which is proposed to be primarily auto and highway oriented. 2. Zoning to CH (Highway Commercial) District. 3. No objection by the City to specific use under CH zoning pro- vided that there is proper treatment given to minimizing any detrimental visual effects. Roy J. Van Scoy, 919 Central Avenue, gave a brief review of the zoning and use of this property over the past ten years. He told the Council that at present there are 94 acres zoned commercial in the area which he felt was adequate for this type of operation and that variances tend to become permanent. Livermore's General Plan indicates the area as being zoned residential. Mr. Van Scoy asked that the Council recommend to the County that the C-2 Zoning be denied and objection stated to the presently applicable variance being extended past 1970. William Busick, 671 W. Bth street, Hayward, stated a meeting had been held to discuss where the line should be drawn for highway oriented businesses to be located and there are additional adjoining properties that were just as entitled to commercial zoning as the Bergman property on the same grounds. If Bergman is granted this zoning, the other properties should be, too, since they abut on the frontage road. The area under consideration was set aside for low density single family dwellings in the County and City plans. Mr. Busick asked that the request be denied. Jim English, 1065 Central Avenue, was opposed to zoning to C-2 since it would increase traffic on Central Avenue. Mr. Musso explained that the staff felt the back half of the pro- perty should not be zoned commercial and that Central Avenue should remain residential. A motion to amend the main motion by adding the following points was made by Councilman Beebe, seconded by Councilman Taylor: Point 2 be changed to read "Zoning to CH ~Highway Commercial) District as indicated on the attached map', and the addition of Point 4. Central Avenue remain residential and encroachment into area be denied. Councilman Pritchard felt that the property owners had a valid reason for denying commercial zoning in this area and suggested deletion of points 2 and 3. After further discussion, the motion to amend the main motion was passed by the following vote: AYES: NOES: CM-23-98 Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard The main motion, as amended, for recommendation to the County for CH zoning was approved by the following vote: June 22, 1970 (County Referral Bergman, Cont'd.) AYES: NOES: Councilmen Beebe, Taylor, Miller and Mayor Silva Councilman Pritchard * * * The minutes of the Planning Commission meeting of June 16 were acknowledged. * * * MINUTES A report was made by the City Manager regarding Alameda County Mayors' Conference legislative matters. A number of bills are pending before the Conference on matters pertaining to local government, and the Council was requested to consider these measures so that recommendations can be made. Mr. Parness dis- cussed each of the measures briefly and gave his recommendation as follows: AB 1562 ACA 38 AB 729 AB 641 SB1293-4 SB 941 SB476 AB 1456 AB 908 AB 1310 SB 601 AB 363 AB 2345 - no recommendation - opposition - no recommendation - opposition - support - support -support - support -support -opposition -opposition -opposition -no recommendation REPORT RE MAYORS' CONFERENCE (Legislative Bills) The Council requested that the City Manager report in more detail on ACA 38, AB 1456 and AB 908 at the next Council meeting. Mayor Silva felt that some bill regarding air pollution should be in- cluded at the Mayors' Conference. AB 1271 involving the schools and also AB 1204 were suggested for inclusion and consideration by the Conference, but the Council felt~~~e did not deal directly wi th local government matters. /lel;l.o 1- ~\/I 1.,/ ~-c. /f':t> * * * The City Attorney reported that AB 1411 pro- REPORT RE AB 1411 vides for a portion of City taxes to be set aside for development costs for moderate or low income housing. The League of California Cities is opposed to the bill and Mr. Lewis was asked to write the League and Assemblyman Z'berg expressing the City's opposition to this bill also. * * * Draft X-2 of a proposed ordinance to establish a Design Review Committee and Staff Review Board and making design and review a condition precedent to construction in certain instances was adopted by the Planning Commission on Janu- ary 20, 1970. The Council has received a request from the Chamber of Commerce to delay action on this matter for thirty to sixty days in order to give the Chamber members time to analyze this draft. PROPOSED ORDINANCE RE DESIGN REVIEW COMMITTEE Councilman Miller stated that this proposal had been under consi- deration for a year and a half, and Chamber members had been in- volved in working out the draft of the proposed ordinance; therefore, he did not feel further delay was reasonable since there had been adequate time for study. Mayor Silva stated he had questioned the president of the Chamber as to the reason for further study by its members and was informed there were seven new directors. CM-23-99 June 22, 1970 (Proposed Design Review Ordinance) Councilman Taylor felt this matter had been under discussion for a long time and that there was no need for further delay or a need for a public hear- ing. Councilman Beebe pointed out this was an important decision and felt a delay of 30-60 days would not be unreasonable. Further, he stated that the more he studied the proposal the more he wonder- ed if the ordinance was right; it might cripple initiative. Councilman Pritchard stated that he had not studied the proposal enough and needed more time himself to look at the proposed ordi- nance. He felt that Chamber members would be the ones affected and they needed to understand the proposal and agree with its provisions. At the close of the discussion the Council set the matter for a public hearing on August 3. PROPOSED ORDINANCE AMENDING CITY CODE (Preparation of Food) AYES: NOES: ABSENT: * * * On motion of Councilman Taylor, seconded by Council- man Beebe, the proposed ordinance amending the Livermore City Code by adding a new chapter regarding the preparation and distribution of food was intro- duced and the first reading of the ordinance was waived (title read only) by the following vote: Councilmen Beebe, Taylor, Miller, Pritchard and Mayor Silva None None PROPOSED ORDINANCE (Building Records) * * * On motion of Councilman Taylor, seconded by Council- man Beebe, the proposed ordinance amending the Liver- more City Code by adding Article 7 to Chapter VI, relating to the report of residential building re- cords, was introduced and the first reading of the ordinance was waived (title read only) by unanimous vote. In conjunction with the proposed ordinance, Mr. Lewis had suggested a policy statement regarding approval of tentative and final maps stating that, as a part of the approval, maps containing proposed sites for schools and parks should contain a statement as to whether or not the site has been acquired by the responsible public agency and whether or not funds are presently available for the construc- tion of buildings or other facilities on the site. A motion was made by Councilman Miller, seconded by Councilman Beebe, to adopt the policy statement regarding the approval of tentative and final maps, and the motion was approved by unanimous vote. The City Attorney also suggested a new paragraph to be inserted in the Subdivision Agreement which would prohibit contractors from supplying information to the public re future sites for schools, parks, libraries or other public facilities, shopping centers or recreation facilities unless full disclosure was made re acquisition and construction commitments. Councilman Miller suggested the addition of a third paragraph to the two prepared by the City Attorney for inclusion in the subdi- vision agreement as follows: "If any public agency prepares a statement about acquisition, time scale construction or develop- ment, the contractor, his agents or employees, shall hand each prospective buyer a copy and shall prominently display such in- formation in each sales office and model home.ll CM-23-100 The City Attorney was requested to study the proposed additional paragraph for report to the Council at the next Council meeting. June 22, 1970 (Building Records Continued) Herb street, Chief Building Inspector, stated there was a need in the area of existing housing for provisions regarding updating housing and keeping out substandard building. He felt there should be provisions whereby buyers could be made aware that certain buildings were substandard and that they were subject to inspec- tion. A report will be made at a later time for possible ordinance amendments. * * * Notification of an appeal hearing to consider sign applications granted by the County Plan- ning Commission has been received for July 2 at 11:30 a.m. This item was removed from the Consent Calendar for discussion at this time. APPEAL TO BOARD OF SUPERVISORS RE SIGNS The signs under discussion are directional tract signs which are usually approved for a period of two years by allowance of a variance by the County. Mr. Musso explained the proposed loca- tions of the signs and also the way in which these matters are appealed. Mr. Parness was requested to direct a letter to the Board of Supervisors stating our desire to eliminate such signs and re- questing their cooperation. * * * Consideration of the regulation of the parking of trucks in residential areas was removed from the Consent Calendar for further discussion. The City Attorney had prepared a report as to existing regulations and what action could be taken in this regard. PARKING OF TRUCKS IN RESIDENTIAL AREAS Councilman Miller felt that the restriction on parking between 2 a.m. and 6 a.m. should be enforced. Mr. Lee stated that trucks park in so many different locations that there is a problem in signing the areas and stated that they were receiving many complaints about large trucks parking near residential areas. After some discussion it was the decision of the Council to enforce the 2 a.m. to 6 a.m. restriction for 3-axle vehicles. * * * Councilman Pritchard inquired about the possi- bility of requesting the pound master to work later in the evening since people violate the leash laws about 10 to 11 p.m. * * * MATTERS INITIATED BY COUNCIL (Pound Master) There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned to an executive session to consider the wage proposals for City personnel and then to an adjourned regular meeting on Wednesday, June 24, at 10 a.m. at the Rincon Fire Station, 951 Rincon Ave., for a budget study session; then to an adjourned regular meeting on Monday, June 9, at 8 p.m. in he Justice Court Chambers, 39 South Liver r Avenue. ) APPROVE r ATTEST c;d)~ CM-23-101 Adjourned Regular Meeting of June 29, 1970 An adjourned regular meeting of the City Council was held on Monday, June 29, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. by Mayor pro tempore Miller. ROLL CALL MINUTES * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller ABSENT: Mayor Silva * * * The minutes of the meeting of June 22, 1970 were approved as amended on motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote. MAYOR SILVA WAS SEATED DURING THE DISCUSSION REGARD- ING THE MINUTES. * * * OPEN FORUM Clarence Hoenig, 588 Tyler, stated he was unable to attend the all day budget session, but he wished to (BUdget) protest the budget. His protest was based mainly on the point that the Council had not looked into possible fee schedule revisions thoroughly enough. He cited one particular inequity in business license fees, i.e. for general contractors, which is a flat fee per year and not based on gross re- ceipts, and also stated his feeling that a better look should be taken at the park dedication fee. The City is approaching the limit on the tax rate now and could be in serious trouble if something is not done soon. Mayor Silva stated the Council had considered the budget in depth and had taken two cents off the proposed tax increase. The staff had been instructed to report on the fee schedules, hopefully, be- fore the public hearing on July 13th. The business license fees are quite involved and the staff has been working on this for six months. If any of the other fees can be increased, they will be increased in order to reduce the tax rate. (Zoning- Springtown Pro Shop) * * * Mr. Clyde Highet, 1317 Hibiscus Way, inquired about the Springtown Pro Shop, which is operating in a residential zone. He wished to know if this piece of property was zoned commercial or residential. The Planning staff was requested to investigate the matter and contact Mr. Highet. PUBLIC HEARING RE EXTENSION PUD NO. 15 (Carlton Development) * * * Leon Horst of the Planning staff explained that Planned Unit Development No. 15 is situated on a 57-acre par- cel on the southeast corner of Isabel Avenue and Stanley Boulevard. The parcel involves about 10 acres of shopping, 6 acres of multiple family, a 10-acre school site, and 5 acres of park. The per- mit was recommended for extension by the Planning Commission to a date of March 2, 1971. In this ex- tension there were three additions to the PUD recommended: 1) more specific landscaping requirements for the shopping center and the whole permit; 2) zoning ordinance requirement of 50% min- imum development in the initial stage for any commercial develop- ment; and 3) conformance with zoning ordinance regulations in effect at date of issuance of permit. CM-23-102 June 29, 1970 Discussion followed regarding the possibility (PUD No. 15 of requiring that the school site be reserved for Extension Cont'd.) this purpose. Mr. Lewis stated that if this site is shown on the PUD and is a part of the density calculations, the City might be able to take the position that this school site be reserved. Mr. Overaa, President of Carlton Development Corporation, stated that they could hold property for a school site for a reasonable time, but not indefinitely. Councilman Pritchard asked if one year after the last house would be agreeable for holding the school site, but Mr. Overaa said he felt it was too long. Councilman Taylor felt that tracts could not be approved without assurance of school sites. Councilman Beebe felt that reservation of a school site was most important. Clarence Hoenig stated that perhaps this land could be held in escrow; additional houses without schools would put the school district in even worse shape. On motion of Councilman Miller, seconded by Councilman Taylor, the public hearing was continued until July 13, by unanimous approval. Councilman Miller suggested several changes in the wording of the PUD as follows: 1. Amend Section A.9 to read, "at date of extension of permit and no grounds for variance shall be found because of the existence of this permit prior to the date of extension." 2. Add Section D.4: "All construction shall be subject to design review. II 3. Add Section D.5: fiNo building permit for a gas station be approved until 100% of the foundations of the shopping center are poured." After discussion the percentage was changed to 50%. 4. Include the two acres per hundred for park dedication require- ment in accordance with recent action by the Council. Mr. Lewis explained that the proposed ordinance regarding park dedication requirements will not go into effect until 30 days after the second reading which will probably mean it will be about two months before the ordinance is effective. The Council continued this proposed amendment until the 13th of July. 5. Add to Section G the wording, "and be subject to design review." On motion of Councilman Miller Section A.9 was amended as stated above; Sections D.4 and D.5 were added as stated; and Section G was amended. Councilman Taylor seconded this motion. A motion was then made by Councilman Taylor, seconded by Council- man Miller, to table this matter until the public hearing is closed, and the motion was approved unanimously. Mr. Overaa of Carlton Development Co. was asked to report on the status of the location of Payless in this area and he told the Council that Payless had decided to go into the Dublin-San Ramon area, but that they were working with other companies in regard to locating in this shopping center. * * * CM-23-103 June 29, 1970 PUBLIC HEARING RE ABANDONMENT OF KING AVE. The Housing Authority has requested that action be taken to abandon King Avenue in order to clear title to this property so that the building program may proceed. Dr. David Mandeville, one of the Housing Commissioners, stated that abandonment was requested for this street which had existed mainly on paper for over four years; land titles must be cleared for work to go ahead on the project. Mr. Lewis, City Attorney, has recommended the abandonment procedure. This procedure is recommended by the title company in order to insure the title; and they must be reasonably sure that title will go to the Housing Authority. Mr. Lewis stated that the City is not reserving utility easements in this abandonment as we have been informed there are no utility lines in this area. Dr. Mandeville stated their ar- chitects had recommended that several auxiliary utilities be provided and probably one of them will be through the abandoned street. On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous vote, the public hearing was closed. Resolution No. 86-70 ordering the closing up and abandoning of King Avenue was approved under the Consent Calendar. * * * Abandonment King Avenue RESOLUTION NO. 86-70 A RESOLUTION ORDERING THE CLOSING UP AND ABANDONING OF ALL THOSE PORTIONS OF KING AVENUE IN THE CITY OF LIVER- MORE, AS SAID PORTIONS ARE DESCRIBED, IN RESOLUTION NO. 80-70, PASSED AND ADOPTED ON JUNE 15, 1970, BY THE CITY COUNCIL OF THE CITY OF LIVERMORE. * * * Authorization RESOLUTION NO. 87-70 for Transfer of Funds RESOLUTION AUTHORIZING AND DIRECTING TRANSFER OF FUNDS The above resolution authorizes the annual accounting transfer of funds in accordance with the current fiscal budget. * * * TOPICS TOPICS is a federally funded program to encourage traffic improvements in cities. Monies have been prorated to the participating cities based on populations, street mileage, accident statistics and vehicle registration. Livermore's apportion- ments for fiscal years 1969-70 and 1970-71 are $32,248 and $33,649 respectively. The City of Livermore has already agreed to have the County Public Works Department as a coordinating agent, and it is recommended that the Council adopt a resolution for transmittal to the Division of Highways stating our intentions to do the following: 1) Agency de- sires to accumulate funds and combine them with another fiscal year's apportionment for use by that Agency in financing a more substantive program; and 2) Agency desires to assign funds to another agency within an urban area using cooperative agreement procedures. A second resolution should be adopted to approve our participation in the "Alameda County TOPICS Fund Group", which will pool the TOPICS monies for purposes of prorating the TOPICS funds to each city along with the Mayor's Formula monies. CM-23-104 RESOLUTION NO. 88-70 June 29, 1970 (TOPICS Continued) RESOLUTION STATING CITY OF LIVERMORE'S INTENTION RE TRAFFIC OPERATIONS PROGRAM TO INCREASE SAFETY AND-CAPACITY. RESOLUTION NO. 89-70 RESOLUTION APPROVING CITY'S PARTICIPATION IN THE ALAMEDA COUNTY TOPICS FUND GROUP. * * * The City Manager reported that in accordance with the Division of Highway's usual practice a few small parcels have been improved in the street area appurtenant to the Vasco Road inter- change and are being relinquished by the State to the City for maintenance purposes. * * * Report re Div. of Highways Right-of- Way Relinquishment A communication has been received from Congress- Camp Parks - man George P. Miller in regard to our inquiry National Cemetery as to establishment of a National Cemetery at Camp Parks. After discussion the Council direct- ed the City Manager to write to the local Veterans' organizations asking them to join in support of this matter. * * * The report from the City Manager in regard to pending air pollution legislation was removed from the Consent Calendar for further discus- sion. * * * A communication from the Livermore Jaycees ex- pressing appreciation for use of City equip- ment during the rodeo parade was acknowledged. * * * Report re Air Pollution Legislatior Jaycees re Rodeo Parade One hundred eighteen claims in the amount of Payroll and Claims $101,880.56 and one hundred forty-six payroll warrants in the amount of $71,657.59, dated June 23, 1970 were presented to the Council and ordered paid as approved by the City Manager. * * * An application for an exempt business license was received from the Groupo Guadalupano for a dance on July 11. * * * On motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, the items on the Consent Calendar, including the resolutions, were approved. * * * Exempt Business License Approval of Consent Calendar CM- 23-105 June 29, 1970 proposed at val subject Tentative Map of Tract 3206, submitted by H. C. Elliott, Inc. for property located at the south- west corner of Murrieta Blvd. and Pine street, is essentially the same as development approved by variance on May 14, 1970. This map shows the divi- sion of the land into parcels for development as that time. The Planning Commission recommended appro- to the conditions recommended by the staff as amended: TENTATIVE MAP TRACT 3206 (H.C. Elliott Compla Corp.) a. Delete the reference to the "Masonry" fence, leaving design to be subject to design review approval. b. Allow a 5-foot sidewalk along Murrieta Blvd. c. Allow a 5-foot landscaped strip along Murrieta Blvd. between sidewalk and property line, to be perpetually maintained through establishment of a maintenance assessment district or other method satisfactory to the City for purposes of securing revenues for such purpose. d. Drainage to be away from fence or to the front of the lot sub- ject to approval by the City Engineer. e. Standard park dedication statement be included as required by Ordinance. f. Common open areas be maintained, perpetually, by Home Owners Association or as indicated in (c) above. Councilman Taylor raised a question regarding parking requirements, and Mr. Horst of the Planning staff stated that the parking require- ments of two spaces per unit was a condition of the variance which had been granted. Councilman Pritchard commented on the fact that on the original architect's drawing there seemed to be more open space than the tentative map shows. The applicant stated that the additional parking which was required under the variance had been provided by using some of the open space and deleting two units. Councilman Miller felt an examination of the tract map indicated not enough common area and very high density, and stated there is inadequate open space and this is a poor subdivision for the City of Livermore. He did not believe public safety standards could be relaxed just because of the cost to the builder and felt a condi- tion regarding fire lanes should be added. Councilman Miller made a motion to deny the tentative map of Tract 3206, but the motion failed for lack of a second. Councilman Taylor felt the design was worse because of the reduced open space and the parking was still insufficient in his opinion. He did not like the design as presented in the tentative tract map. He stated that rectangular design is probably the most economical land use and design for such a small piece of land, but the design would be more attractive if the units were placed in another manner. Mayor Silva pointed out that the land had been zoned RG-16 and that the townhouse development at 13 d.u./acre did reduce the density. Perhaps the design is not the best, but it will serve as a starting point in allowing townhouse developments. Councilman Pritchard felt that there had to be a beginning in this direction and that it can be used as a guideline for future pro- posals. Councilman Beebe stated this would provide housing for middle and low income groups and the Council owed it to the citizens to pro- vide housing for all. He did feel it was an improvement over apartment house zoning. CM-23-106 Discussion followed concerning the proposed re- quirement for fire lanes to be provided; these requirements had been deleted because it was felt that these lanes would become easy access for motorcycles and other vehicles. June 29, 1970 (Tentative Map Tract 3206 Cont'd.) Councilman Miller felt the density was entirely too high, and even though the variance had been approved, the Council still had the authority to do something about the design. Councilman Beebe made a motion, seconded by Councilman Pritchard, to adopt the Planning Commission's recommendation to approve ten- tative map of Tract 3206. The motion was approved by the follow- ing vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller * * * Mr. Horst of the Planning staff reported that the Mobil Oil Company had requested that the sewer connectio~ agreement be amended to de- lete the canopy from the proposed site plan. This is the only change in the agreement and has been agreed to by the Design Review Committee. question is located on First Street and Southfront REPORT RE SEWER CONNECTION AMEND- MENT (Mobil Oil Co.) The site in Road. Councilman Taylor made a motion, seconded by Councilman Beebe, to accept this amendment for deletion of the canopy, and the motion was approved unanimously. * * * The City Attorney prepared a report on the request by the American Red Cross for waiver of fees required by the City. Mr. Lewis stated there is no provision for waiver of the build- ing permit fee of $120 in the Uniform Building Code; the sewer connection charge of $283 may be waived or reduced by the City Council; and the storm drain charges of $297, under Chapter 18A of the City Code, has no provision for waiver of fees. REPORT RE FEE WAIVER REQUEST (American Red Cross) A motion was made by Councilman Miller, seconded by Mayor Silva, to waive one-half of the sewer connection fee. After further discussion regarding Council policy in the matter of fees for charitable organizations, the motion on the floor was withdrawn and Councilman Miller restated the motion so as to waive the sewer connection fee at the same ratio allowed the Elderly Housing Project. This motion was seconded by Councilman Pritchard and passed by the following vote: AYES: NOES: Councilmen Pritchard, Miller and Mayor Silva Councilmen Beebe and Taylor * * * The City Manager reported that he had been re- quested to look into the matter of phone ser- vice charges and the possibility of broader toll free service some weeks ago. The Pacific Telephone and Telegraph Company has recently been issued an order from the PUC in this regard. REPORT RE TELEPHONE TOLL RATES Mr. Ken Mercer of the Telephone Company stated that in order for the plans described to be put into effect, new facilities would have to be engineered and installed. At this time he could not give a time schedule but would do so when possible. CM-23-107 June 29, 1970 (Telephone In general, the individual subscriber could elect Rates Cont'd.) which, if any, of the toll plans he wished to have. Councilman Taylor asked whether the toll free area could be ex- panded and Mr. Mercer replied that this would have to go before the PUC for decision as to which areas should be included and studies of the use in Livermore of various exchanges. Such expan- sion would have to be charged to all users, not just those desir- ing such extended service for which they would pay. REPORT RE SIGN PERMIT TIME LIMITATION * * * The City Manager had submitted a report regarding the sign permit time limitation. The Planning Commission had recommended an amendment to Ordi- nance 684 (Uniform Building Code, Volume V, Signs) by inserting an 8-year limit on all parmits. The Chief Building Inspector had recommended that this provision should be included in the Zoning Ordinance. The matter was referred to the City Manager for resolution. The recommendation, therefore, is that the amendment be made to the Zoning Ordinance, Section 21.76 (h). ORDINANCE AMENDING LIVERMORE CITY OODE BY ADDING CHAPTER 9A (Distribution of Food) AN ORDINANCE AMENDING THE LIVERMORE CITY CODE, 1959, BY THE ADDITION THERETO OF A NEW CHAPTER, CHAPTER 9A, RELATING TO THE PREPARATION AND DISTRIBUTION OF FOOD. PROPOSED ZO AMENDMENT (Sec. 21.76(h) ORDINANCE AMENDING CITY CODE (Residential Building Records.) * * * On motion of Councilman Beebe, seconded by Coun- cilman Miller, and by unanimous vote, the ordi- nance amending Section 21.76 (h) re signs of the Zoning Ordinance was introduced and the first reading of the ordinance was waived (title read only). * * * On motion of Councilman Miller, seconded by Coun- cilman Beebe, and by unanimous vote, the follow- ing ordinance was passed and the second reading was waived. ORDINANCE NO. 714 * * * On motion of Councilman Miller, seconded by Coun- cilman Pritchard, and by unanimous vote, the follow- ing ordinance was passed and the second reading waived: ORDINANCE NO. 715 AN ORDINANCE ADDING ARTICLE VII, RELATING TO REPORT OF RESIDENTIAL BUILDING RECORDS, TO CHAPTER 6, RELAT- ING TO BUILDINGS, OF THE LIVERMORE CITY CODE, 1959. RECOMMENDATION RE PENDING BILLS * * * The City Manager was requested at the previous Council meeting to report in more detail regarding ACA 38, AB 1456, and AB 908, which are bills pend- ing before the legislature. ACA 38 is a constitutional amendment on the diversion of gas tax monies. This is a proposed amendment to Section 26 which limits CM-23-108 June 29, 1970 the gas tax accumulation for highway construction. (Legislative Bills This amendment would add two new provisions which Continued) would allow expenditures for public transit sys- tems excluding operating costs and allow costs in- curred in the control of environmental pollution caused by motor vehicles. AB 729 is the companion measure on the implementation of ACA 38 provisions. AB 729 makes the transit system expendi- tures a local option. Neither of these bills changes the amount of money which is apportioned to the cities. It does, however, divert the li that the state now gets for freeway construction. This bill is widely supported by many groups including the League of California Cities. The Council discussed the possible effect this diversion of funds would have on the City of Livermore. The City Manager recommended approval, and after discussion, the majority of the Council expressed their approval of this proposed legislation. The City Manager reported that AB 1456 is not a bond issue; rather it is a direct dole from the state from funds accumulated from their resources. It is a $250,000,000 program for a 5-year period to be used in conjunction with the Federal Water Pollution Control Act. Presently 30% of construction funds may come from federal funds, and this bill would add 50% for a possible total of 80% for expansion of sewer treatment facilities. Livermore might qualify for such funds. The Council recommended approval of this bill. * * * Mayor Silva stated that mcre than one hundred measures regarding air pollution were before the legislature and the sub-committee on air pollution supports about seventeen of these. PENDING LEGISLATION RE AIR POLLUTION Councilman Taylor suggested that the local committee on smog and air pollution study these measures and make recommendations in order that the City's recommendations may be presented to the Mayor's Conference. * * * The City Manager reported to the Council that Home Savings and Loan Association had offered a sun dial for placement at the front of the old library building in Carnegie Park. The City Manager was requested to write a letter of appreciation and acceptance of this gift. * * * MATTERS INITIATED BY STAFF (Gift - Home Savings and Loan Ass'n.) Councilman Pritchard stated he had received complaints from merchants regarding their assessment for the public parking lot. Some feel they are not getting their share of the parking as many cars are being parked all day. The staff was asked to report re consideration of a limit on the parking, and that the merchants be contacted determine their wishes. * * * MATTERS INITIATED BY COUNCIL (Parking Lot) time to Councilman Miller stated he had received a Proclamation request for a proclamation for the Bi-Cen- tennial Trail Ride which will pass through Livermore on Friday. The staff was requested to prepare a pro- clamation which the Vice-Mayor will present to the leaders of the trail drive upon their arrival in Livermore. * * * CM-23-109 June 29, 1970 (Ice Cream Wagons) Councilman Miller stated he had received some com- plaints regarding the noisy ice cream wagons in the City. He inquired about their compliance with City ordinance. Mr. Musso was requested to check into this matter for study and report back to the Council. * * * (Subdivision Agreement) Councilman Miller requested that the wording he suggested and gave to Mr. Lewis for inclusion in in the Subdivision Agreement be presented for the Council's consideration at the July 13th meeting. * * * (Proposed Park Fund Resolution Policy) Councilman Miller pointed out that at the budget session the Council talked about resolutions re- garding the policy on various funds, in particu- lar the park fund and presented a resolution draft in regard to the park fund which stated that it is the intent of the City to use the money from the park fund for the acquisition of park land and for permanent capital facilities directly associated with parks and beautification spots. Median strips are not parks or beautification spots. Councilman Miller felt that a policy statement should be made in order to guide what is done in this regard. It has been the policy to finance some of the work on median strips from this money during the last two years. Mayor Silva felt that if financing for median strips comes from the general fund then the general fund rate would have to be increased. Discussion followed on financing of parks, acquisition, development and how this should be handled. The City Manager indicated he thought it best to say that the funds from the 19i tax be reserved for park acquisition; then an additional fund would have to be established for beautification and upkeep of parks and boulevards, if the need arises. Councilman Miller said he was concerned about the acquisition of open space for the future; money from the park fund should go for acquisition of land and some capital improvements and not used for other purposes. Councilman Miller made a motion that it is the intention of the City that money obtained from park dedication and the money from the dollar equivalent of the 19i park tax shall be used for the acquisition of park land and open space and permanent capital facil- ities directly associated with parks and beautification spots; for the purposes of this policy median strips are not beautification spots. Mayor Silva felt that the policy should remain as it is for at least another year. Councilman Beebe stated he did not wish to be tied down with policy as he wished to be able to follow the wishes and direction of the people in the next few yea1s.", l ~( ~1-ac ~t:.fu~)'(/ The motion for the change in the park fund policy passed by the following vote: AYES: Councilmen Taylor, Pritchard and Miller NOES: Councilman Beebe antl Mayor Silva * * * Capital Councilman Miller stated that in regard to the ques- Improvements tion of the annexation fee, this should be used for capital improvements which are necessitated by new people moving into the area. At present this money CM-23-110 is eventually transferred into the general fund and is not set aside for new civic buildings but is being used for other purposes. He wish- ed to offer a resolution stating that one-half the annexation fee be set aside for long term capital improvements. June 29, 1970 (Capital Improve- ments Continued) Councilman Beebe felt that before he could make a decision he would like to have a report from the staff as to the amount in- volved and how it will affect the general tax rate. Councilman Taylor pointed out that the Council had already direct- ed a general fee study so that all fees can be adjusted and corrected and then the annexation fee can be adjusted accordingly. It was suggested that the prior annexation fee and business license license studies recently prepared be given to the new Councilmen so that they can study this matter. The Council delayed action on Councilman Miller's proposed reso- lution. * * * There being no further the Council, the 11:10 p.m. APPROVE before at ATTEST * * * Regular Meeting of July 13, 1970 ADJOURNMENT A regular meeting of the City Council was held on Monday, July 13, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:06. p.m. * * * PRESENT: Councilmen Beebe, Taylor, Miller and Mayor Silva ABSENT: Councilman Pritchard * * * The minutes of the meeting of J~ne 29, 1970, were approved as amended on motion of Council- man Taylor, seconded by Councilman Beebe, and by unanimous vote. * * * Dr. H. R. Stafford, representing the Proud Coun- try Homeowners Association, stated that the home- owners had many problems. One of these was in connection with two courts, Shire Court and Roan ROLL CALL MINUTES OPEN FORUM (Proud Country Complaint) CM-23-111 July 13, 1970 (Complaint Continued) Court, which are off Buckskin Way. These courts end in a cul-de-sac which were to be fenced be- cause there is a very steep drainage ditch which is a hazard to the residents of the area. Dr. Stafford requested that something be done in regard to fencing this area. Secondly, the open land to the west of Proud Country has turned into a dumping area. Several members of the community have reported this to the police but so far no one has been apprehended. Mr. John Lewis, the City Attorney, stated that there are a number of unresolved public works items in this area as the builder is in bankruptcy. If there is a danger to property or life, the City would have to proceed against the trustees. The City Manager and staff were requested to look into this matter for later report to the Council. * * * (Golf Course) Mr. Paul Tull, 2243 Linden Street, spoke in regard to the City's golf course which has been operating at a loss and being supported by the City and which apparently would continue to be operated at a loss for a number of years to come. He suggested that the same action be taken as that being taken by East Bay Regional Park District for the Tilden Golf Course. When Livermores golf course loses money, it costs the tax- payers; its annual operation should be self-supporting. Therefore, he proposed that the operation be turned over to a private firm which would pay an annual rental fee to the City and which would also con- duct the course at a profit. * * * The public hearing was opened in order that inquiries or protests on the budget for the 1970-71 fiscal year might be presented. The following persons appeared before the Council: Robert Allen, 223 Donner, said he had tried to compare the salaries for some of the City's top officials with other comparable cities in the Bay Area. He cited one city with a population of 103,000, assessed valuation of $235,000,000 where the City Manager received a salary of $26,000; another city which is more comparable with a population of 27,800, assessed valuation of $58,000,000, the City Manager received $22,000. Our City Manager received $25,000. This same City ~aid its Public Works Director $18,732 while we paid approximately $2,000 more. The salary for the Police Chief was about the same as ours; the Fire Chief was paid less; the Director of Planning received about $2,000 less. He recommended that pay increases be withheld from top City officials pending a study of comparable cities made by a group of disinterested citizens. PUBLIC HEARING 1970-71 Budget Mayor Silva stated that the Council had made a salary survey of twelve other cities; the salaries paid by Livermore must be competitive. Councilman Taylor stated the Council had spent considerable time studying the salaries paid by other cities. James McElroy, 1345 Wagoner Drive, spoke in regard to the proposed raise in charges at the airport. He wished to point out that the airport users have never asked for a subsidy but asked that they be given a voice in how the airport is financed and operated as 80% of the revenue is derived from individual users. Sometimes services are imposed upon the users which they do not want or request as in the case of the construction of the terminal building. A crash truck is also included on the current budget which has not been requested by the users. A report has been prepared for the Council by the staff to justify the rate increases. Mr. McElroy stated that a small airport cannot charge the same prices as large ones such as Oakland as they cannot offer the same services; Livermore is still a small airport and cannot offer the same services as larger ones. CM-23-112 July 13, 1970 Mayor Silva stated that the prices must be kept competitive with other airports. Councilman Beebe suggested that the airport advisory com- mittee might be enlarged so that members of the airport association might have more voice in the matters pertaining to the airport. Mrs. Susan Steinberg, 4174 Pomona Way, expressed appreciation to the Council for passing a resolution to the effect that the park tax will be dedicated to park acquisition alone. Maintenance and care of the median strips and beautification spots should come from the maintenance budget but not from park acquisition funds. This year about one-third of the money paid as park tax will go for maintenance rather than park acquisition. She felt this was a misuse of the park tax and hoped the Council would make a pub- lic statement to the effect that when new money does come into the City from the proposed revised business license fee schedule that the raid on park tax will be wiped out and money will go back into park acquisition funds. (Public Hearing Budget Continued) Mayor Silva pointed out that replenishing the park fund monies would necessitate an increase in the tax rate over the proposed 10~i to 17~i. Councilman Miller felt that any excess revenue collected should be put into the park fund to replenish that spent for maintenance during the last two years. Councilman Taylor pointed out that the Council has no idea how much additional revenue will come in. The City is operating on a narrow operating reserve and any additional income should be used for operating reserve. stu Smith, 1141 Concannon Blvd., raised the question of adequate explanation and indication in the budget as to where the funds are obtained and where they are spent. He felt the budget should be stated in such a manner that it indicates clearly the intent of the City Council in respect to certain funds. He requested that next year the budget delineate the inter-fund transfers; secondly, he requested that any increase in revenues due to fees go first to park acquisition funds and then to surplus. Mayor Silva stated that Councilman Miller will be working with the Finance Director during the coming year and that the format for the budget will probably be changed. Waldo Magnuson, 1073 Miranda Way, spoke in regard to the airport portion of the budget. He felt the Council should reflect the desires of the people they represent by providing the City staff with direction and guidance and must also see that the City is run in a proper manner, which includes a study of the budget. He felt there existed some misunderstanding between the Council, the staff and the users in regard to the financial operation of the airport. The staff is telling the Council that the airport is losing money and will continue to lose money unless the rates are increased. He felt that the overall input from the airport has been on the credit side. The users are being forced to help sub- sidize an airport far greater than he needs or desires through improvements which have no relation to flying use of the field. He felt that if he pays for something he should have a voice in how that money is spent. He suggested that the Council approve the airport budget with two deletions: the purchase of crash rescue truck delayed until a substantial need is proven, and no tie-down hangar rate increases. Mr. Ken Johnson, 556 Bristol Court, spoke regarding the subsidy of the Chamber of Commerce and the Cultural Arts Council and CM-23-113 July 13, 1970 (Public Hearing BUdget) wished to know whether the Chamber had presented a statement where these funds were spent and if these expenditures were audited by the staff. Mayor Silva explained that the yearly allocation is apportioned to the administrative expenses for the Chamber and other allocations are made for special projects after consideration by the Council. Mr. Johnson asked why the Cultural Arts Council, which is a private organization, was allocated funds for the Festival of Arts. Coun- cilman Taylor stated this group had been requested to hold such a festival in connection with the Centennial celebration. He felt this type of activity should be encouraged, but the Cultural Arts Council was unable in their estimation to conduct the festival again this year without support. This could become an annual event which would be self-supporting. Councilman Miller stated the Festival is local in some ways but it also has areawide and statewide signifi- cance and is a type of promotion for the City of Livermore. It is also a projection of a cultural image for the City. Paul Tull, 2243 Linden, stated that the problem of the subsidy for the Cultural Arts Council would be solved by charging admission. He proposed that the Festival subsidy be withdrawn and that Coun- cilman Miller withdraw his support for the subsidy. He also objected to the support of the Chamber of Commerce as he felt they had failed to provide a useful service to the City. Also, he objected to the cost of beautification of the City as he felt this cost should be borne by those who rake in the profits rather than the general public. Lorraine Raison, 5244 Kathy Way, expressed her feeling that the City has a good, honest Council and City staff. Negative thinking does not help the City. The programs such as the rodeo, the beautifica- tion projects, and the cultural arts activities help advertise the City in a good light. Gloria Taylor, 585 So. L street, objected to the Chamber of Commerce being given funds as long as they work as a political lobby. Barbara Magnuson, 1073 Miranda Way, spoke in regard to the airport stating she did not feel transient aircraft expected the airport to have crash equipment as had been stated. In regard to the hangar fee increase, the comparison with fees charged by other cities was made with cities that offer higher services while it should have used many of the other airports in the area which are more comparable. The proposed 50% raise in airport fees could hurt the airport. The Airport Advisory Committee heard comments about the fees from users, but it has been frustrating to deal with them or the Council. The City Manager pointed out that accounting procedures indicate there will be a deficiency without an increase in fees. Henri Riordan, 914 Via Granada, spoke regarding the beautification program. He referred to the lslands built on Holmes Street which he did not feel added to the safety of the street. Beautification was fine if it is done in the right way. He felt the holes in the street should be fixed and the street swept in front of his home. Mrs. Robert Heath, 2988 Kennedy Street, was opposed to taxpayers of the City subsidizing any private group or organization, such as Chamber of Commerce or Cultural Arts Council. She stated she was also opposed to the spending of taxes for such items as beautifica- tion program, the golf course, indiscriminate spending for the LDC, luncheons and cocktails for City officials; also, she was op- posed to the increase in salary for the City Manager and staff. She asked that members of the Council reconsider their vote to sub- sidize any private organization, and requested that Councilman Miller, as an active member of the Cultural Arts Council, abstain from voting. The City Attorney pointed out that the Cultural Arts Council is a quasi-public group formed at the request of the City Council and Councilman Miller is the Council's representative to that group. CM-23-114 July 13, 1970 Paul Boucher, 642 Hanover st., spoke regarding the landing of several small jet aircraft at the airport recently. (Public Hearing- BUdget) Mr. Brians, Airport Superintendent, stated that the craft referred to was a small four engine jet stream plane with a high decibel rating. The plane had been requested to make a higher approach and effort was being made to work out this problem. Mr. Brians stated that the goal of the airport staff is to run the airport in between the delicate area of making a profit and having a loss. Airport management has responsibility to taxpayers, tenants, and the general public. If profit from the airport is used to increase its efficiency, the result will eventually be reduced user fees. Taxpayers have an interest in how the airport is run. Expansion and improvement must continue for it to remain a first class airport. James McDonnel, 4023 Hanover, stated he was an airport user and as one felt he should pay its fair share, but how can the City brag about its airport and not be willing to pay for part of it, such as parking and beautification. John Kerekes, 649 Hanover st., felt that Mayor Silva should not have called a previous speaker out of order for using the name of a staff member. William Hayden, 140 Lee Avenue, stated that houses should not have been built so close to the new airport since problems do arise from noise. People demand more and more services, such as beautification; there is a lack of understanding of govern- ment and its problems and there is not a ready solution. He hoped that understanding will develop even though there may not be agreement. Paul Weiss, 6852 Mines Road, stated that 23 months ago the rates for tie down at the airport were $10.00; presently they are $18.00. There is 19~i per gallon markup on gas; every plane at the airport pays in-lieu taxes - one-third to the City, one-third to the County and one-third to the local school district. He felt the budget should be balanced in other ways than a 50% increase now. Kenneth Layton, president of the Livermore Valley Airmens Associa- tion, told the Council that the two representatives which had spoken to the Council are duly appointed representatives of the Association. A motion was made by Councilman Miller, seconded by Councilman Taylor, and approved unanimously, to close the public hearing. A letter from the League of Women Voters in regard to the budget was also acknowledged by the Council. * * * AFTER A BRIEF RECESS THE COUNCIL MEETING WAS RESUMED WITH ALL MEMBERS PRESENT EXCEPT COUNCILMAN PRITCHARD. * * * The hearing regarding the application of Carlton Development Co. for extension of P1ID No. 15 was continued from the June 29th meeting. This is in regard to a 57-acre parcel on the southeast corner of Isabel Avenue and Stanley Blvd. CONTINUED PUBLIC HEARING RE PUD No. 15 (Carlton Development Co.) A motion was made by Councilman Miller, seconded by Councilman Beebe to remove from the table the motion for amendment of the Planned Unit Development which had been tabled at the previous meeting, and approved unanimously. CM-23-115 July 13, 1970 (PUD No. 15) Discussion followed on the proposed amendments. The City Attorney spoke in regard to the park dedication requirements. He stated that after an examination of the annexation agreement for Stanley Boulevard Annex No.1, it did not, in his opinion, contain any provision which would conflict with a requirement for reservation of a park site in the PUD. He read a provision which he had prepared for reservation of a school site for a period of time until all single family lots have been improved, or until August 1, 1975, whichever date is later. This PUD permit includes planned park and school sites which are an integral part of the development, and these sites could be reserved for that time. Councilman Miller made a motion, seconded by Councilman Beebe, to amend the main motion on the floor by adding this provision re- garding reservation of a school site to Item E.l of the PUD. In regard to Item 4 of the proposed amendments regarding park de- dication Councilman Miller suggested that the following wording be used in E.2: "Except that two acres per hundred dwelling units shall be dedicated one acre in land as shown on the map and the remainder in fees.~ The City Attorney suggested that the park site, as shown on Exhibit B-1, indicate a site which shall be dedicated pursuant to the terms and conditions of the City's park dedication ordinance. Mr. Lewis stated that he could not support the requirement of fees for part of the park dedication requirements; dedication or reser- vation of a parksite could be supported in his understanding. Councilman Miller said one alternative would be to redesign the development in order to meet the dedication requirements and thus eliminate some of the dwelling units; or the design could remain the same and collect some fees; or finally let the PUD lapse. Barry Scherman, representing Carlton Development, asked what would happen to the tentative map which has been approved if the PUD ex- pires. Mr. Lewis explained that if the PUD expires, then the ten- tative map is not valid as it would then be inconsistent with the zoning. Mr. Scherman discussed the 5.3 acre park requirement in relation to this PUD inasmuch as he felt there was some inconsistency. On one hand the PUD is being considered separately and certain con- ditions are being placed on this PUD for parks which,in fact, relate to the original overall PUD. Councilman Taylor felt that the problem is caused by the recent City policy which requires two acres per hundred for park dedica- tion. Part of this park then has to serve other areas. Mr. Scherman said his point was that when the PUD was considered it was considered as a separate entity - not a part of the other development. A density transfer had been requested, but denied as this was considered as an isolated PUD. Therefore, he thought this reasoning should apply to the park site. The main motion and the motion for amendment of the main motion were tabled by motion of Councilman Miller, seconded by Councilman Beebe, and approved unanimously. A motion was made by Councilman Beebe, seconded by Councilman Miller, to continue the public hearing until the return of Councilman Prit- chard, and the motion was approved unanimously. * * * BUDGET ITEMS A motion was made by Councilman Beebe, seconded by Councilman Miller, to remove Item (a) resolu- tion adopting fiscal budget, 1970-71, Item (d) CM-23-116 July 13, 1970 airport rate adjustments and Item (1) golf course (Budget Items) fee adjustments from the Consent Calendar for de- ferment and consideration upon Councilman Prit- chard's return. After further discussion, Councilman Miller withdrew his second to this motion; therefore, the motion died for lack of a second. A motion was then made by Councilman Taylor, seconded by Council- man Miller, to remove Item (a) resolution adopting fiscal budget, 1970-71, Item (b) resolution adopting salary ranges for 1970-71 fiscal year, Item (d) airport rate adjustments, and Item (1) golf course fee adjustments from the Consent Calendar for immediate discussion and vote, and the motion passed unanimously. Councilman Taylor made a motion that the budget as presented at the preliminary budget session be approved as presented covering Items (a), (b), (d) and (1) and the motion was seconded by Coun- cilman Miller. Mayor Silva stated that about sixteen hours had been spent by the Council disucssing the budget; this evening the public hearing brought out the fact that the number of users at the airport were dissatisfied with the increases, and he had advised that the in- creases were based on the other airports and not on the fact that the airport was making a profit or operating in the red. Mayor Silva further briefly summarized the events leading up to this time, and stated his willingness to approve the budget as presented based on the fact that the majority of the Council agreed on it. Councilman Miller stated his agreement of the Mayor's statement and even though he did not agree to some of the items, and in particular the Chamber of Commerce subsidy due to the fact they had no accounting, and would like to see more money returned to the park fund. He further stated it was a very tight budget and there are many things they should be doing, which they are not going to be able to do as a result of attempting to keep as tight a control as possible over city expenses; secondly, he felt, hopefully, the City was in the process of a major step toward tax reform, through making growth pay its own way instead of being subsidized by the general taxpayers, which may help in the future to reduce the burden on the property tax. Councilman Beebe stated that he had asked for cuts in many sections of the budget on which he had been overruled, and agreed with Councilman Miller that they had ended up with a pretty tight budget as they did not want to cut anywhere where services were offered for the safety of the public and safety of property, and this was where personnel were added. He felt that the only pos- sible cuts had been made and, hopefully, it can be cut further by increased costs in some departments, and he thought perhaps assessed valuations might be increased which might possibly re- duce the tax rate further. Councilman Taylor stated there was much mentioned regarding sub- sidy of the Chamber of Commerce and his position was one of being practical and he felt that what the money was being spent for this year was worthwhile as the City has no effort to recruit industry except through the Chamber. The Council voted to appoint a com- mittee to consider what should be done on industrial recruitment as there had been two proposals submitted - one by the Chamber and one by the City staff. In the meantime, it would be bad to pull the rug out from under the Chamber when they are the only "arm" in industrial recruitment, and the reason the taxes are so high, basically, is lack of industrial base. He stated there are fewer policemen, firemen, library employees per capita than most other cities in the Bay Area, and felt that the City Manager had presented them with a very responsible budget. CM-23-117 July 13, 1970 (Budget Items) Mr. stu Smith requested the City Council to express their intent with regard to park acquisition fund concurrently with approving the budget, i.e. if any increase in revenue comes about as a result of assessed valuation or increase in other fees, that the park acquisition fund be paid first from the increases and that the increases then go to increase the surplus so the cash flow problem will not be quite so severe. Mayor Silva stated that he would rather not make such a decision until the City has any additional revenue estimates in hand which would not be until some time in August. A vote was then taken on the motion approving the budget items and passed by the following vote: AYES: Councilmen Taylor, Miller and Mayor Silva NOES: Councilman Beebe (He believed the vote should not be taken without the full Council present) ABSENT: Councilman Pritchard RESOLUTION NO. 90-70 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. 111-69. RESOLUTION NO. 91-70 RESOLUTION APPROVING 1970-71 FISCAL BUDGET RESOLUTION NO. 92-70 A RESOLUTION ADJUSTING RATES AT THE LIVERMORE MUNICIPAL AIRPORT. Report re Finances - Chamber of Commerce Report re Permit Fee Adjustments Claim for Injury (Hunt) CM-23-118 RESOLUTION NO. 93-70 A RESOLUTION AUTHORIZING RATES AT THE LIVERMORE MUNICIPAL GOLF COURSE * * * CONSENT CALENDAR A report submitted by the Chamber of Commerce was questioned by Councilman Miller inasmuch as it was not according to fiscal year basis, and asked that the report be resubmitted. * * * A report from the City Manager re permit fee adjust- ments was removed from the Consent Calendar for dis- cussion later. (Postponed to meeting of July 20) * * * A claim was filed against the City by Morris C. Hunt on behalf of Marsha and Sheldon Hunt, minors, as a result of an accident which occurred March 25, 1970, in which the two persons were injured. The claim is being denied upon instruction from the City Attorney. RESOLUTION NO. 94-70 A RESOLUTION DENYING THE CLAIM OF MORRIS C. HUNT ON BEHALF OF MARSHA A. HUNT AND SHELDON HUNT, MINORS, FOR DAMAGES FOR PERSONAL INJURIES * * * The East Bay Regional Park District wishes to locate two directional signs in our City that are of their type design, 18" x 3011. Our or- dinance restricts this type sign to 15" x 30". The City staff recommends that a motion be adopted authorizing these sign placements. * * * A "Peace Fair" march on August 8th has been set which would originate within our City and end at the Lawrence Radiation Laboratory, with the route being along East Avenue. The City Mana- ger has reported that under existing law there is no legal means of preventing the march, however partment is meeting with representatives and plans affair closely to afford needed traffic control. * * * A copy of a communication from the Bay Area Ra- pid Transit District's General Manager re trans- portation study was received by the Council. * * * Applications for exempt business licenses were received from the following: July 13, 1970 Report re Direc- tional Signs Report re Peace Fair March on August the Police De- to monitor the Communication - Bay Area Rapid Transit Exempt Business Licenses Livermore Jr. Rodeo Association - show on July 26 and concessions Muscular Dystrophy Association - money solicitation during 1970-71 * * * Ninety-two claims in the amount of $35,179.97 Payroll and Claims and two hundred seventy-nine payroll warrants in the amount of $72,889.71 dated June 30, 1970 were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on warrants No. 7830 and No. 7776 for his usual reasons. * * * On motion of Councilman Beebe, seconded by Coun- cilman Taylor and by unanimous vote, the items on the consent calendar were approved. * * * An application had been received by the Planning Commission for a Conditional Use Permit to per- mit construction and use of a 43-bed convales- cent hospital on the northeast corner of First Street and Hosker Lane. Approval of Consent Calendar REPORTS FROM PLANNING COMMISSION (CUp - Roberts) The Planning Director explained that this was the property where there was a rezoning several months ago, and advised that there was no opposition to the use as it is a permitted use, and the only issue appeared to be the question of Hosker Lane improvement, and this was made a condition for approval and the site plan was acceptable to the applicant, Planning Commission, staff as there were no unusual conditions. After some discussion relative to the circulation, the Council approved the Conditional Use Permit, stating they felt it to be an excellent use of the area, as recommended by the Planning Com- mission in their Resolution No. 16-70, with one added condition that the circulation plan be subject to staff approval, by motion of Councilman Taylor, seconded by Councilman Beebe and by unanimous approval. CM-23-119 July 13, 1970 (CUP-Roberts) Jim Pearson, 4254 Davis Way, representing the applicant, who had been present earlier in the meeting, advised that the applicant would like to have the decision of the Planning Commission carried through. CUP re Auto storage (G & H Garage) * * * An application was submitted to the Planning Com- mission to permit automobile storage and tow service in conjunction with existing auto repair garage at 2322 First street. Planning Director George Musso explained that this was an extension of the use that has been in operation for a number of years; the conditions are essentially the same as previously, however there has been more attention given to maintenance and fire hazards caused by the dismantled cars, and the Planning Commission recommendation is for approval. In reply to a question from Councilman Miller re previous complaints by the staff, Mr. Musso stated that there was a hassle to keep the parking of the vehicles under control, and it will need to be policed. Councilman Miller suggested that the permit be granted for a two year period rather than three years, and a motion was made by Coun- cilman Miller, seconded by Councilman Beebe, and approved unanimously, to accept the recommendation of the Planning Commission for the CUP as stated in their Resolution No. 17-70, with one amendment to grant the permit for the period ending July 31, 1972. Zoning Ord. Amendment- Sec. 8.00 re Bldg Height Limits County Referral Zone Change (Gibbons) * * * A zoning ordinance amendment of Section 8.00 RG District as it relates to building height limits has been initiated by the Planning Commission. It is recommended that a date be set for the public hearing, and it was set for August 10. * * * The Planning Commission had considered the County referral of the application of B. J. & V. S. Gibbons for change of zone (956th Zoning Unit) from A to M-l (Light Industrial) to permit research and de- velopment operation on a site located east of Green- ville Road, west of the Western Pacific Railroad. Mr. Musso explained that this was contrary to the City's general plan, however, the staff has recommended approval, and the Planning Commission did adopt the staff report for transmittal to the County recommending conditional approval as noted within the staff report, including the statement that the City would be favorable to an ex- tension of a sewer line and grant a sewer connection for individual use. A motion was made by Councilman Beebe, seconded by Councilman Taylor, and approved unanimously, that a recommendation for approval be forwarded to the County as suggested by the Planning Commission. County Referral CUP and Variance (Mobil Oil Co.) CM-23-120 * * * The Planning Commission considered the referral from the County Planning Commission of the appli- cation of Mobil Oil Company for Conditional Use permit and Variance to permit construction and use of a service station with freestanding sign on a site located at the intersection of Inter- state 580, Greenville and Altamont Pass Roads. July 13, 1970 The Council discussed the sewer line issue and the possibility of forming a benefit district for extension of a line on the south side of U. S. 580. (CUP and Variance Mobile Oil Co.) The Planning Commission has recommended approval of the requests with the following statements included: a) that the City would be favorable to annexation of the subject property; b) that the City would be favorable to extending sewer service to the pro- perty; c) that the City recommends approval of the proposed use and variance provided such approval would require connection to the City's sewer. Councilman Taylor made a motion approving the Planning Commission's recommendation and further stating it is the City's intention that the County require the applicant, as a condition of the permit, to join any benefit district or assessment district which will bring a sanitary sewer line to Laughlin Road. This motion was seconded by Councilman Miller and approved unanimously. * * * A summary of action taken at the Planning Com- mission's meeting of July 7 was acknowledged. SUMMARY OF PLANNING COMMISSION ACTION * * * Mr. Musso reported that consideration of the tentative map of Tract 3186 (H.C. Elliott) had been continued to allow time for the School District to acquire the site. TENTATIVE MAP TRACT 3186 (H.C.Elliott) Mr. David Madis, of Critchfiad, Miller, Eaton and Madis, repre- senting H. C. Elliott, Inc., advised that repeated continuances were requested of the Council so that they could consider the possibility of the School District buying the site which they still believe to be necessary, and they have explored a number of possibilities and to mutual regret no solution has been found. Now the applicant is asking the Council to consider the tentative map and approve the subdivision, as his client feels he has gone as far as possible in holding the site as the costs are about $1000 a month to hold the property. They feel if the people wish the property as a school or park site that they purchase it. Councilman Taylor asked where the children would go to school, to which Mr. Madis replied, it was the responsibility of the School District and the people who voted the bond issue down, and Councilman Taylor stated it was clearly against the public interest to allow subdivision of the site to which Mr. Madis replied that the City could condemn the site and hold it for a park as this would not be taxed if the City owned the property and if it was so much in the public interest. Councilman Beebe asked the City Attorney if there is any way the requirements of a PUD, as discussed earlier, can be applied to a tract. Mr. Lewis replied that this was the final approval of a tentative map; if the tentative map is faulty in some way, that is one thing; if it does not comply with the zoning on the property that is another, but he suspected denial when other things are in compliance would leave a very difficult situation. Mayor Silva stated that speaking to the tract map he did not like long cul-de-sacs and neither did the Fire Chief, and would like to see that change. Mr. John Barker of Associated Pro- fessions stated that they had agreed to make a change at the Planning Commission meeting to eliminate Lot 18 to allow the CM-23-121 July 13, 1970 (Tract 3186 Continued) street to go through to Del Norte Drive and elimi- nate the cul-de-sac. Mr. Musso stated that there were already houses on that street, however, Mr. Barker replied that there were no houses constructed as yet. Mr. Musso stated that the Fire Chief had investigated the area and his report indicated construction of dwellings might pre- clude the possibility of the developer complying with the recommen- dation for a second ingress and egress. Mayor Silva stated that this was the developer's problem; if the City requires that the street be so located then it is up to the developer to see that it is constructed. Mr. Madis stated that the City can only require that the developer submit a design for the property, but cannot require them to elimi- nate or buy other property to provide that ingress and egress. Mayor Silva replied that the map was not acceptable to him unless changes were made in the circulation. Mr. Madis said that as indicated they would put through a street. Ken Johnson, 556 Bristol Court, stated he lived in the immediate area being discussed and that when he bought his home the representative of Elliott specifically stated that there would be a school on the site being discussed. He did not say it was dedicated but indicated there would definitely be a school there, just as there would be a park. There is a map in Elliott's sales office which shows a school on the site and other people in the area had been led to believe the same thing. Bruce Jamieson, Director of Finance for the Livermore School District, stated that this was the only school site available and did .not know what would be done for the children in the area if this site is lost. If homes are built, the School District might have to come back and condemn the homes on this site, which would cost the taxpayers a great deal more. There is to be a tax election shortly and from this money it might be possible to buy this land. It is the District's problem to buy the land and they would ask the Council to do everything possible to protect the site until it can be purchased by the School District. Councilman Miller stated that the developer has been using the existence of the site for a school as a selling tool; now they choose to place a tract map on it which, he thought, was a serious misrepresentation. Perhaps the Council should call this matter to the attention of the State Real Estate Commission. AB 1271, which had been before the Legislature during the last session, proposed mechanisms for reserving and dedication of school sites but this legislation had been bitterly opposed by the developers. Councilman Miller made a motion that this tract map be denied for the reasons that the tract was unacceptable in design as the proposed sub- division would necessitate renegotiation for increased park dedication, redesign of enlarged park site so as not to encroach into subject proposed single family residential subdivision and/or relocation of park site, north or west, to serve the population of the area and pri- marily the lack of a second access as the Fire Department and the F.H.A. had pointed out for fire safety. The motion was seconded by Councilman Beebe. Mr. Madis specifically requested that the Council indicate in each and every particular what part of any design the Council disagreed with and how the Council wanted the map submitted that would comply with their requirements, since under State law the Council must state what, in particular, is denied and the Council cannot leave the applicant in a position where they can do nothing with the land. CM-23-122 Mr. Musso stated that it was due to the lack of a second access. Mr. Lewis stated the motion was reasonably clear on this point. July 13, 1970 (Tract 3186 Elliott, Cont'd) Mayor Silva said he would also like to have this reviewed again by the Fire Chief, and Mr. Musso pointed out if the map was re- submitted then he would be requested to take another look. Mayor Silva stated that in the report the Fire Chief only recommended a second access but did not say where; if the Fire Chief does not agree they should not be tied to the proposed second access. Mr. Lewis recommended that the Planning Director be directed to make such necessary findings based on the Council's recommenda- tions as indicated by Mayor Silva in regard to the second access. At the request of Councilman Taylor, Mr. Musso pointed out possible pedestrian access to the school site. As far as the discussion on the second access the Planning Commission had accepted Lot 18 for the extension. The motion for denial was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Miller and Mayor Silva None Councilman Pritchard (NOTE: The City Attorney requested that the findings be made by the staff within 7 days, based on the foregoing and pursuant to the requirements of Section 11552, Business and Professions Code) Councilman Miller stated that concerned individuals should con- tact Mr. Lewis regarding statements made by the developer regard- ing the proposed school site and such misrepresentation concern- ing location of a school in order for this information to be sent to the California Real Estate Commission, Assemblyman Knox and the members of his committee on local government as backup mater- ial for AB 1271. Also, it should be sent to Senator Bradley and Assemblyman Bee for their information. Councilman Taylor stated he presumed that H. C. Elliott no longer in any of their advertisement or sales office showed this site in any way as a possible school and representative of Elliott replied that it was not. Residents of the area were asked to write in this regard as indi- viduals. * * * The Planning Director stated that at the Plan- ning Commission meeting the Commissioners had reached a 2-2 vote in the matter of the request of Christopher Land Company for extension of the completion date on residential and commercial portions of PUD No. 3 of the property for periods of 18 and 36 months res- pectively. The Commission's vote was not on approval, but pri- marily the issue whether zoning regulations should be changed on the forward or rear part of the property. Therefore, no vote for transmittal to the Council could be given. APPEAL RE PUD NO. 3 (Christopher Land Company) Mr. Musso explained that two commissioners felt that density should be reduced in the forward portion and the rear residential left alone; the other two commissioners felt the regulations should be changed on the rear residential and the forward multiple unchanged. Lorraine Raison, 5244 Kathy Way, stated she and other residents of Wagoner Farms had been at the Planning Commission and Council CM-23-123 July 13, 1970 (Appeal PUD No.3 Contd.) meetings. She read from an article from the paper regarding funds contributed to certain candidates by Dennis O'Brien, employed by Kaufman & Broad. She felt that in view of this certain members might want to abstain from voting on this issue to avoid conflict of interest. Mayor Silva stated he did not feel that the Councilmen could be influenced by business contacts, developers, friends, or relatives in such a way as to dictate their votes and Mr. Lewis indicated that as long as the campaign contributions were disclosed there was no problem on the vote. Mrs. Bernard Shore, 1446 Lillian Street, felt there should be a pub- lic hearing since so much time had elapsed since the area was first developed. The developer knew of the time limit and it was through his own action that he had to ask for an extension of time. Councilman Miller pointed out that this was not an amendment for an application had not been filed for an amendment nor a fee paid. Mr. Lewis said that a fee was not usually required for an extension of time. Mr. Varni, attorney for the applicant, requested an exten- sion of 18 months in a letter dated May 19, 1970. Thereafter, it was referred to the Planning Commission under provisions of the Planned Unit Development ordinance which allowed the Planning Commission to grant an extension of time to the developer if they found that he was making progress. It was then continued and at this point the matter has followed the City's selected procedure, and there is little value in starting the matter over as an amendment. The ordinance makes an exception for three kinds of amendment which do not require formal procedure and it also states that the Planning Commission can grant an extension upon application. Mr. Lewis stated this was the type of amendment that must be governed by the 42-day period, but there is nothing else in the ordinance in regard to intent. The majority of the Council felt that there was no point in sending this back to the Planning Commission and discussed possible dates for holding a public hearing on this matter; due to vacations of Councilmen there was difficulty in setting a date for the hearing when they could all be present. The public hearing was tentatively set for the lOth of August with a definite decision to be made at the meeting of July 20, 1970. * * * SEWER CONNECTION AGREEMENT (Shell) Mayor Silva pointed out there is a Standard Station located across the street from the Shell Service Sta- tion for which sewer connection agreement is being considered; therefore, he felt to avoid conflict of interest he should abstain in this matter. Mayor pro tempore Miller took charge of the meeting. A sewer connection agreement was authorized by the Council for the Shell Service Station located at Portola Avenue and Murrieta Blvd. but the applicant was opposed to certain conditions proposed and proceeded to build the station using a septic tank. Mr. David Madis, representing H. C. Elliott, stated that in the near future an application will be presented for rezoning of a small piece of property adjacent to this property, which is in the County. This property should ultimately be in the City and, therefore, they wish to now pay the fees and connect to the City sewers as provided in the signed agreement. Mr. Musso stated the design review was approved as submitted with the exception of the planter in front of the restrooms and the colors. CM-23-124 July 13, 1970 Mr. Madis stated there seemed to be some diffi- culty in working out the details between the representatives of Shell and Elliott and the City staff, and Mr. Musso stated that the staff negotiated the agreement in the first place and the site plan and suggested it be referred back to the staff as he felt any problems could be worked out; then if there are other questions, they could return to the Council next week, and the Council agreed to this course of action. (Sewer Connection- Shell Continued) * * * The City Manager reported that the Beautification REPORT RE BEAUTI- Committee had presented a draft of a statement FICATION COMMITTEE as to structure, duties and responsibilities of REORGANIZATION their group. Mr. Parness stated that the Com- mittee felt it is important to gather as many participants as possible although he felt that eleven members is unduly excessive and a 2-year term is inconsistent with other boards and commissions. The Council discussed the term of office for the committee mem- bers, and the number of members and Mr. Chris Gatrousis, Chairman of the Committee explained their reasons for their preference, after which the Council agreed to accept the statement, but with the condition that the members reside in the City. However, if any member does not live in Livermore at present, he will be re- tained until his term of office is up. In addition, with regard to street trees and landscaping standards, the wording was changed to llrecommend landscaping standardsll rather than lldevelopll and another provision was added that ex officio members do not vote. A motion was made by Councilman Miller, seconded by Councilman Beebe, and approved unanimously to approve the statement as amend- ed by the following resolution: RESOLUTION NO. 95-70 A RESOLUTION ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE CITY OF LIVERMORE BEAUTIFICATION COMMITTEE. * * * ORDINANCE NO. 716 ORDINANCE RE Z.O. AMENDMENT (8-year Sign Limit) AN ORDINANCE AMENDING SUBSECTION 21.76 H, RELATING TO PERMITS FOR SIGNS, OF SECTION 21.00 RELATING TO SPECIAL PROVISIONS, OF ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, RELATING TO ZONING. On motion of Councilman Miller, seconded by Councilman Taylor, and by the following vote, the second reading of the ordinance was waived, and the ordinance was passed: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Miller and Mayor Marguth None Councilman Pritchard * * * Mayor Silva issued a proclamation that August 11 to 18 be proclaimed Law and Morality Week, and that July 21, be proclaimed Veteran's Ad- ministration Day. MATTERS INITIATED BY COUNCIL (Proclamations) * * * CM-23-125 July 13, 1970 (Communication re Go-Cart) (Police Commendation) (Commendation Letter to Jim Smith) ADJOURNMENT APPROVE ATTEST Mayor Silva read a letter received from a twelve year old boy asking where he could ride his go- cart, and the City Manager was requested to refer the matter to the Recreation District. * * * A letter was received from Sigfried Snyder commend- ing the Police Department and the City for their services. * * * The Mayor read a proposed letter to Jim Smith of 722 Grace street, commending him for his many years of active participation and assistance with the Little League. * * * There being no further business to come before the Council, the me adjourned at 1:00 a.m. * * * Regular Meeting of July 20, 1970 A regular meeting of the City Council was held on Monday, July 20, 1970, in the Justice Court ChambersA 39 South Livermore Avenue. The meeting was called to order at b:lO p.m. ROLL CALL OPEN FORUM (Landscaping School Site) (H.C. Elliott School Site) CM-23-126 * * * PRESENT: Councilmen Taylor, Pritchard, Miller and Mayor Silva ABSENT: Councilman Beebe * * * Former Mayor Gilbert R. Marguth, 1152 Farmington Way, addressing the Council as President of the Mendenhall PTA, thanked the City for the help given in the landscaping project at Mendenhall School. He reported that some fifty trees have been planted, and the people in the area are working hard to improve the appearance of the school site. * * * Mr. Marguth also spoke in regard to the situation relating to the H. C. Elliott proposed school site. He stated that he felt the School District was striving to do their job properly and responsibly to find the funds to obtain the school site; Mr. Elliott in the economic period such as we are now July 20, 1970 experiencing is justified in proceeding with filing the map and bringing the matter to a head; and the City is right in denying the map on the grounds stated. Although each of the parties involved have equity in their position, there should be a better way to proceed than with a court suit. Mr. Marguth stated he had con- tacted Mr. Elliott, Mr. Jamieson and Mrs. Taylor of the School Board about this problem and believed that with the efforts of all the parties involved they can come to a solution of the ac- quisition of the school site. He urged that the people of the community work to support tax elections and the School Board. (Elliott School Site) Mr. H. C. Elliott, Alamo, stated that last week his attorney had filed a suit against the City to force action on the issue of the proposed acquisition of the ten acres of land set aside for a primary school in his subdivision. Mr. Elliott pointed out that houses on all of the lots on the land purchased by him from the City several years ago have been constructed and sales should be completed within two to three months. There are approximately 250 families who have purchased homes and will be looking for a school for their children. Rincon School is already crowded and another school is needed. As a result of conversations with var- ious people, he suggested that this site might be leased to the school district and trailer type classrooms used; hopefully children could be in school there by this September. Mr. Madis had been instructed to withdraw the suit against the City so that there would be time to work on plans for the school site. The school bond election in November might or might not pass and the situation could go on indefinitely. His proposed plan had not been tried in this area; another suggestion was that there are six houses immediately behind the school site that are not presently sold and these could be leased to the district for classrooms. Mr. Jamieson, of the School District, stated he had been checking into the legality of carrying out some of the suggestions which had been made. It would be quite involved, but there was the possibi- lity something could be worked out. One fact that must always be recognized is that any monies for leasing buildings must come from the operating budget, and the operating budget is limited. There are other sites coming up for consideration. He told the Council that everything would be done to solve this problem as soon as possible. Ken Johnson, 556 Bristol Court, representing a group of homeowners in the Elliott tract, wished to thank Mr. Elliott and Mr. Jamieson for their efforts in regard to the school site. * * * stu Smith, 1141 Concannon Blvd., stated he was associated with the Clean Air Coordinating Committee; the Council had indicated that it was also interested in the pollution of the Valley. Along this line he suggested that the City formulate some plan, perhaps in conjunc- tion with one of the ecology groups, to provide containers through- out the City for collection of those items such as cans and papers which can be recycled. Money received for these items could be used to defray the cost of collection. (Collection of Items for Recycling) A report has been drafted by one of the groups in the City in this regard, and the City Manager reported it was scheduled for presenta- tion to the Council at the next meeting. The Mayor instructed that a copy be sent Mr. Smith. * * * An application for rezoning of property located easterly of Murrieta Blvd., southerly of Olivina Avenue, has been made by Sacramento PUBLIC HEARING RE REZONING (Sacramento Savings) CM-23-127 July 20, 1970 (Sacramento Savings Contd) Savings and Loan Association. In addition, an area immediately adjacent is recommended for inclusion and consideration of rezoning by the Planning Com- mission. Rev. Ray Neal, pastor of the Bethany Baptist Church, stated that the church's property is a part of the area of consideration. They had no objections; in regard to the zoning change for their property they preferred the educational zoning. A request had been received from Sacramento Savings and Loan Asso- ciation for continuance of this matter for one week until July 27, since their representatives were unable to attend due to business reasons. On motion of Councilman Miller, seconded by Councilman Pritchard, the public hearing was continued for one week until July 27 by unanimous vote. * * * CONSENT CALENDAR Departmental Reports Departmental reports were presented as follows: Airport - activity and financial - June Building Department - June Civil Defense - quarterly, April - June Fire Department - May Golf Course - June Justice Court - May and June Library - quarterly, April-June Planning Department - May Police and Pound Departments - June Water Reclamation Plant - June * * * A report was presented by the Planning Director re- garding the fencing of the channel in the Proud Homes area which was considered as a hazard by some of the residents of the area. Mr. Musso said that the fenc- ing was open at the bridge and at the end of both cul-de-sacs. The cul-de-sac to the north is about 200 feet from the channel, but the other one at the end of Roan Court is very close to the channel and has steep sides since it has not been graded. Mr. Lee, the Public Works Director, stated that the City did not require fencing at this point, and if one is put up now, the City would have to build it. The fence would have to be temporary and might be built from wire and posts on hand. Mr. Lee said there is additional grad- ing which will have to be done by the developer in connection with the second unit, but grading by the City at the present time would not be appropriate or relieve the situation which is the responsi- bilty of the developer. The Public Works Director was directed to fence this area, which is approximately 60 feet. Fencing of Channel - Proud Homes * * * Claim for Aircraft Damage (Frank Dalton) Some slight damage was sustained by an aircraft dur- ing the recent air show, in the amount of $445.21. The recommendation is that the claim be denied. RESOLUTION NO. 96-70 A RESOLUTION DENYING THE CLAIM OF FRANK H. DALTON CM-23-128 July 20, 1970 So. County Jr. College Assessment District A report from the City Manager was submitted in regard to the South County Junior College Assess- ment District. Valid petitions have been re- ceived for the formation of this District, which involves 660 acres of property mainly north of U.S. 580 on each side of Collier Canyon Road. Sixty-four percent of the area has petitioned. The District provides for sewage and water line extension north of U.S. 580. The following actions were taken and resolutions adopted: File petitions, boundary map and certificate of Engineer of Work re percentage of signatures. RESOLUTION NO. 97-70 RESOLUTION APPROVING BOUNDARY MAP RESOLUTION NO. 98-70 RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS AND ACQUISITION OF REAL PROPERTY AND/OR RIGHTS-OF-WAY IN ASSESSMENT DISTRICT NO. 70-1, SOUTH COUNTY JUNIOR COLLEGE, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. RESOLUTION NO. 99-70 RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT RESOLUTION NO. 100-70 RESOLUTION REQUESTING JURISDICTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA IN CONNECTION WITH ASSESSMENT DISTRICT NO. 70-1, SOUTH COUNTY JUNIOR COLLEGE, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA * * * RESOLUTION NO. 101-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (Municipal Code Corp.) Municipal Code Printing Contract This two year contract is for printing of municipal code changes by Municipal Code Corporation, Tallahassee, Florida. * * * A request has been received from the Sunset De- velopment Company for a one year extension of the agreement for installation of the public works improvements for Tract 2927 which is lo- cated west of Holmes Street, south of Concannon Boulevard, north of Alden Lane. These improve- ments were to have been installed by August 11, recommended that this extension be granted. * * * The following applications for exempt business licenses have been received: Tract 2927 - Extension of Agreement (Sunset Develop. Co. ) 1970. It is Exempt Business Licenses Livermore Softball Association - sale of soft drinks during games Livermore Atomic Soccer Mothers - various fund raising activities during 1970 CM-23-129 July 20, 1970 (Exempt Licenses Contd) Pawn Shop - dances and fund raising activities at 2020 Fifth street. In accordance with past policy the City Council denied the applica- tion of the United Pentacostal Church of Hayward for the sale of homemade candy as this is not a local institution. Minutes Payroll and Claims Approval of Consent Calendar SEWER CONNECTION (Shell Oil) * * * The Planning Commission minutes of July 7th were acknowledged. * * * One hundred fourteen claims in the amount of $239,015.07, dated July 15, 1970, were presented to the Council and ordered paid as approved by the City Manager. * * * On motion of Councilman Miller, seconded by Coun- cilman Pritchard, the Consent Calendar was approved by the following vote: AYES: Councilmen Taylor, Pritchard, Miller and Mayor Silva NOES: None ABSENT: Councilman Beebe * * * Attorney David Madis addressed the Council relative to the status of the sewer connection for the Shell Service Station at the corner of Murrieta Blvd. and Portola Avenue. Mayor Silva abstained from this con- tinued discussion of this matter, with Mayor pro tempore Miller presiding. Mr. Madis hoped that all issues in connec- tion with the City's approval of sewer connection agreement could be resolved so a leech field would not have to be built. The applicant had agreed with one of the conditions of the staff to provide screen- ing for the rest rooms; the sign will be taken off the pylon atop the building and some type of brick work will be built so that it appears to be a false chimney. They would also agree to have'a sign on the corner facing toward the main thoroughfare which would include the smog control sign, the signs given by the State and the pricing signs, which would be in one unified structure. Shell still feels that they must have some identification for their station on the canopies and agreement has not been reached on this one point. Mr. Madis stated the proposed sign on the corner would not be the same as the one for the station on Murrieta Blvd. Shell is adamant about the signs on the canopies for identification. Councilman Taylor pointed out that this ~ation location is in the County, and Shell probably feels this is as far as they will go. He did not feel that their building of a leech field would be to the best interest of the City so the City would have to agree to the canopy signs. Councilman Miller suggested that the Shell sign be put on the corner and the other signs be under the canopy or on the pumps. Mr. Madis said Shell's position is that the sign on the corner is not important but feel they must have canopy identification signs. Councilman Pritchard felt that this was poor foresight on the part of Shell since they might want to locate another station in Liver- more in the future. CM-23-130 July 20, 1970 (Sewer Connection - Shell Cont'd.) Councilman Taylor made a motion, seconded by Councilman Pritchard, that the sewer connection agreement with Shell Oil Company be signed with the conditions as negotiated by the staff includ- ing a canopy sign of reasonable size, details to be worked out by the staff. The motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmen Taylor and Pritchard Councilman Miller Councilman Beebe Mayor Silva Councilman Miller asked Mr. Madis to transmit the feelings of the Council to Shell in regard to the signs and their refusal to accept the conditions from the City. Councilman Taylor stated that anyone who comes before the Council has equal rights and should not be intimidated by threats or hold- ing grudges. * * * A report from the City Manager was submitted re- garding the fee adjustment study. FEE ADJUSTMENT STUDY Mayor Silva stated that he felt the fees should be adjusted annually. Discussion should take into consideration all the fees proposed except those which had recently been reviewed, i.e. the annexation fee and storm drainage and sewer connection and water storage fees which were revised last January, and the annexation and park fees which were revised last November. The Council agreed that only those fees which had not been revised in the last year would be included. In the study, each fee should be studied separately with a time and motion study for each, and the study will be based on the method outlined in the report that each fee should cover actual expenditure by the City. The City Manager felt that it would take two or three weeks to complete the study. Discussion followed whether interim fee increase should be set until the study is finished and the fees are determined. It was decided that any action would be delayed for a month until the report and study were completed. * * * The City Clerk was requested by the Council to schedule the hearing on the Design Review Ordi- nance August 17th from a prior decision to schedule this matter on August 3. The hearing on the request for extension of time on PUD No. 3 by the Christopher Land Company was also set for August 17th. The Council will not have a meeting on the 5th Monday of August. * * * Councilman Taylor requested that the matter of possible revisions to the Airport Advisory Com- mittee be placed on the agenda at a reasonably early date. * * * MATTERS INITIATED BY STAFF (Schedule of Meetings) MATTERS INITIATED BY COUNCIL (Airport) Councilman Pritchard inquired how soon the in- (Elected Mayor) formation would be available regarding an elect- ed mayor. The City Manager reported that replies had been received from five to the twenty cities from which infor- mation had been requested. As soon as the other replies were re- ceived, the information would be given to the Council. CM-23-131 July 20, 1970 (Health Spa) Councilman Miller noted that the Planning Commission had approved a health spa for a neighborhood shop- ping center. He felt consideration should be given as to what uses were appropriate for neighborhood shopping centers and whether the separation between shopping cen- ters be increased to two miles. The Planning Director stated that the Planning Commission had adopted a resolution approving this use in this zone on the basis that it was a personal services use. Councilman Miller stated that the neighborhood shopping center is for the use of the people in that area. A 3000 ft. health spa is not designed for the use of the people in that area but to attract customers from allover the City. There is some question whether several major commercial centers are being created allover the City. Councilman Taylor said there were uses that disrupted the downtown area and should be located in neighborhood centers. Councilman Pritchard did not feel they should discuss whether it is competitive; this should be up to the businessman and the shopping center. The Council should not address themselves to this question. Councilman Miller felt the shopping in the City should be better arranged so that the people of the town will shop here, rather than going to another City. Mr. Musso stated there are many uses not allowed in shopping centers under present zoning. There had been a problem in the Rincon center several years ago as it was becoming more commercial than retail. * * * (Design Review Ordinance) Mayor Silva stated that a communication from the Cham- ber of Commerce recommended that a joint committee be formed to study the design review ordinance and work out an alternate approach. Councilman Taylor said he would like to see a list of the specific reasons that the Chamber was opposed to the ordinance. Any committee formed to draft a new ordinance should consist of more than members of the City and the Chamber. Councilman Miller pointed out a committee was formed a year and a half ago which included representatives of the Council. Before a new committee is constituted, specific objections should be made. Councilman Pritchard felt there was a difference in opinion even within the Council. Mayor Silva pointed out that the public hearing set for August 17 will present the opportunity to hear from all citizens, and a de- cision can be made at that time whether to adopt the ordinance or refer it back to the committee. Earl Mason of the Chamber of Commerce stated that it was the feeling of the members at this time that there should not be an ordinance. The Board of Directors felt that if this were discussed before the public hearing with the Council and staff, many points could be worked out. Mayor Silva suggested that the Chamber contact the individual members of the Council. CM-23-132 Mayor Silva referred to an article he had re- ceived regarding hitchhikers and State law referring to this problem. He suggested that this matter be referred to the Police Department and the City Attorney. July 20, 1970 (Hitchhikers) * * * There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. ADJOURNMENT APPROVE ~~ ATTEST Ltk (I' lerk California I * * * Regular Meeting of July 27, 1970 A regular meeting of the City Council was held on Monday, July 27, 1970, in the Justice Court Chambers, 39 South Livermdre Avenue. The meeting was called to order at 8:03 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * The minutes of the meeting of July 13, 1970, were approved as presented on motion of Coun- cilman Taylor, seconded by Councilman Miller, with Councilman Pritchard abstaining. MINUTES The minutes of the meeting of July 20, 1970, were approved as presented on motion of Councilman Taylor, seconded by Councilman Pritchard, with Councilman Beebe abstaining. * * * Jack Phillips, 551 North P Street, wished to OPEN FORUM protest the collecting of a sewer service charge. He did not feel the present method was fair and that the charge should be based on the assessed valuation of homes. He pointed out to the Council that when they had voted on this matter two years ago it was supposed to be for one year only, yet this was two years later and they were not changing the sewer charge. They were not acting in accordance with the wishes of the people. * * * CM-23-133 July 27, 1970 RECYCLER'S REPORT A report has been prepared by interested citizens concerning the issue of recycling waste materials. Mrs. Lois Hill, 824 Adams Avenue, stated that a number of citizens concerned with pollution of this area felt that they could do some- thing about the problem through a study of recycling efforts. Mrs. Hill introduced the various people who aided in the preparation and presentation of the report. Copies of the report will be avail- able at the Ecology Center and perhaps at the library for public information. Mayor Silva stated he wished to send a copy of the report to the San Francisco County Supervisor in charge of the waste disposal section of ABAG as they are compiling a report on this matter also. After discussion the staff was directed to look for positive ways to implement the suggestions in the report for consideration by the Council in two to three weeks. Councilman Pritchard pointed out that there are groups in the City who are collecting papers and mak- ing money from the project; it is possible that the City could also do this. * * '* PUBLIC HEARING SEWER SERVICE CHARGE The purpose of this hearing is to consider protests to the method of billing of the sewer service charge. The current practice is to list this charge on the annual tax bill posted by the County against all residential properties. Mrs. Robert Heath, 2988 Kennedy Street, protested the method of bill- ing last year as she was doing again this year. In her opinion the sewer tax would not have been necessary lf the former Council had used the money from the old sewer system rather than expending it for the golf course. A motion was made by Councilman Miller, seconded by Councilman Pritchard, to close the public hearing and the motion was approved unanimously. At the request of Councilman Pritchard, the City Manager explained that the present method is used simply due to economics. It costs the City about $200 to bill the charge through the County as opposed to $10,000 for the City to handle the billing directly. This differ- ence is due to the cost of billing and collection for the numerous residents. The matter of adding this charge to the general tax rate was dis- cussed in depth at the budget meeting. At the close of the discussion, the following resolution was passed on motion of Councilman Taylor, seconded by Councilman Miller, by unanimous vote: RESOLUTION NO. 102-70 A RESOLUTION ADOPTING REPORT OF CITY FINANCE DIRECTOR RE SEWER SERVICE AND USE CHARGES * * * PUBLIC HEARING This public hearing is for the purpose of considering WEED ABATEMENT protests as to the amount of assessment against in- dividual parcels for weed and debris clearance. A total of 319 separate parcels were cleared during the past months. If this assessment is not paid by the lOth of August, the amount will be placed on the tax bill. CM-23-134 July 27, 1970 (Weed Abatement Continued) The public hearing was opened by the Mayor, however no protests were voiced. On motion of Councilman Beebe, seconded by Councilman Pritchard, the public hearing was then closed by unanimous vote. The resolution pertaining to this matter was voted upon under the Consent Calendar. * * * Carlton Development Corporation has requested that the hearing regarding their request for extension of commencement date for PUD No. 15 be continued once again. CONTINUED PUBLIC HEARING PUD NO. 15 (Carlton Dev. Corp.) A motion was made by Councilman Beebe, seconded by Councilman Miller, that the hearing on the extension of commencement date for Planned Unit Development No. 15 be continued until August 17th, and that the commencement date be extended until August 24th. The motion was approved unanimously. * * * The public hearing regarding the application of Sacramento Savings and Loan Association for re- zoning on the east and west sides of Murrieta Blvd., southerly of Olivina Avenue, was con- tinued from the previous meeting. CONTINUED PUBLIC HEARING - REZONING (Sacramento Savings and Loan Ass'n.) John Barker, Associated Professions, Inc., stated that the prin- cipals of the Sacramento Savings and Loan Association were unable to attend the meeting and wish to request that this hearing be continued again. Councilman Pritchard made a motion, seconded by Councilman Taylor, to continue the hearing until August 24, and the motion passed unanimously. * * * The rezoning under consideration involves 398 acres situated on the north and south side of First Street in the vicinity of Trevarno Road and was recently incorporated into the City as Portola Avenue Annex No.4 PUBLIC HEARING RE ZONING (Portola Avenue Annex No.4) Mayor Silva stated his residence abuts a portion of the area under consideration for rezoning to Rs-4, and Councilman Miller pointed out his residence is within 300 feet of the westerly boundary of the area. Discussion followed regarding abstention by Mayor Silva and Councilman Miller on this matter. The City Attorney was not present to give an opinion, but it was generally felt that abstention was not compulsory. The Planning Director pointed out the area of consideration for rezoning and discussed the proposed zoning plan which, in the most part, conforms to the General Plan. Mr. Musso stated that the proposed multiple residential between First Street and the railroad tracks was the main area of concern at the Planning Commission meeting. This area had been indicated for industrial use for many years, to the west is a commercial area and to the east and northeast is a continuation of industrial area. Zoning this area to high density residential would not conform to the General Plan. Another major area of discussion was the former Coast Manufacturing site and the area surrounding it in regard to parking and access and its proximity to the Jackson Avenue park. The Planning Com- mission also discussed leaving the entire area as industrial, CM-23-135 July 27, 1970 but if this were done there would be a problem with access. Under the old plan access to the industrial area would be through Trevarno Lane; the remaining area would have access from Hillcrest Avenue. If all the property were industrial then this would make access to an industrial area through a residential area. Mr. Musso also stated he felt a zoning other than CH (Highway Commercial) should be indicated for the area along First street where the ser- vice stations are located. (Portola Ave. Annex No. 4 - Continued) In summary, the Planning Commission recommends RS-3 for the main body of the hill area, RS-3 for the Coast Manufacturing ownership (former) RS-4 for the area adjacent to Highway 580, CH for the strip where the service stations are located, Rs-4 for the triangles along Portola Avenue and First street, ID (Industrial Development and Administration District) for the area between First street and Western Pacific land, ID for the Coast Manufacturing site, and Rs-4 for the remainder of the residential area south of the plant site. Mr. John Barker, Associated PrOfessions, Inc., representing the owners of the majority of the land, felt the master plan they pre- sented was good land use. One difference had arisen in the dis- cussion before the Planning Commission. The Planning Commission was agreeable to the CN (Neighborhood Commercial) zoning for the triangle bounded by First street and Portola Avenue as well as the RG-16 zoning adjacent, but at the close of the discussion the staff had recommended that this area be zoned Rs-4. Evidently Mr. Musso felt Rs-4 zoning was a good holding classification for interim zon- ing, but the owners' position is unique in that they only own the land - they are not builders or developers. It is probable that it will be two to five years before the property is developed. A PUD cannot be granted for this length of time under present policy; therefore, rezoning is necessary. The owners felt that the ID zone was inappropriate now or in the future. They wanted a good develop- ment of the land. There will be expensive homes built in the hill area with one-acre lots and it would be erroneous to have an indus- trial area adjacent to this type of residential use. There are al- ready hundreds of acres zoned for light industrial which is more than adequate for the need. The City has an obligation to plan for people as well as industry. With the RG-16 included, an overall density has been computed at 4.7 for the area. Mr. Joe Sladky, 1073 Xavier Way, plant manager of the Hexcel plant, presented a photo taken of the overall area, and stated he would restrict his comments to the area south of the tracks. Hexcel's position is that the area south of the railroad tracks must be zoned industrial. There are 49.5 acres involved which have been zoned industrial for many years. The Hexcel Livermore Plant must have some type of buffer, either a boulevard, park, commercial zoning, school or agricultural as Hexcel's operation creates noise and conditions unacceptable to residential zoning. Hexcel recommended that the zoning remain as indicated on the General Plan. The pro- perty should be kept industrial until a firm plan can be proposed which is acceptable to the entire neighborhood. Mayor Silva noted a letter had been received from the Hexcel Corpor- ation signed by Mr. Robert L. Wick, Secretary, expressing the same opinions. Mr. Sladky felt an acceptable plan could be worked out, but Rs-4 is not the answer for the land south of the tracks. Mr. Barker informed the Council that Mr. George Stubblebine, who had been handling the disposition of this property south of the tracks for the owners, was in the audience in order to ascertain the Coun- cil's action in this matter. Mr. Barker pointed out there are presently twelve homes in the area, and these homes will also be affected by the industrial plant constructed adjacent to them. He suggested that perhaps the RG-16 could be included north of the track. CM-23-136 Mr. Jim Day, 745 Cardinal Drive, felt only in- dustrial could be located between the tracks and a major street. July 27, 1970 (PH-Portola Ave. Annex No.4 Continued) Mayor Silva stated that letters had been received from Ralph B. Pahlmeyer stating RG/CN zoning was satisfactory and Mr. and Mrs. George Nichols, 4173 Colgate Way, requesting single family homes. The Council then discussed possible zoning for the area along the highway which is presently indicated at 1.5 d.u./acre in the General Plan. Rs-4 zoning would be higher density, and Councilman Miller felt that Rs-4 zoning should be abandoned and lower density set for new annexations. Councilman Beebe made a motion to zone that area shown on the map as buff colored, excluding the hatched area, (Judson property) as A-20 (Agricultural), and to refer the hatched area back to the Planning Commission. This motion was seconded by Councilman Miller and passed unanimously. The Council then considered the area north of Portola and First Street, including a school and a park, and shown on the map as RS-3. Councilman Taylor made a motion, seconded by Councilman Pritchard, to rezone the area north of Portola Avenue and First Street to RS-3, and the motion was approved by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: None ABSTAIN: Councilman Miller Councilman Taylor felt that the triangle bounded by Portola and the state highway was a logical place for commercial use. This could be zoned Rs-4 with a clear statement from the Council that a shopping center is expected to be developed in this area. Mr. Musso stated that once the area is zoned they have no control over it. Councilman Pritchard stated there is a service station already at the tip of the triangle and he could not see any use other than commercial. Councilman Taylor suggested zoning the tip of the triangle as PD (Planned Development) District. Mr. Barker agreed that the triangle was a good location for a shopping center, but it could not be self-supporting now. PD zoning would not really commit the property as a site for a shopping center. Councilman Taylor felt that a resolution statement could be made by the Council that this triangle be developed as a shopping cen- ter, but since part of the land could be sold individually there could be problems with commercial zoning. Councilman Miller felt the disadvantage of the CN (Neighborhood Commercial) zoning is that the property can be broken up and the advantage of the CN zoning is that it can be reviewed each year. Therefore a PD zoning which would expire each year and states that this will be CN zoning could give the City more control over the six acres. Mr. Barker pointed out the present service station is not owned by his clients and they would need at least six acres for a com- mercial center. Councilman Taylor made a motion, seconded by Councilman Beebe, that the balance of the triangle (six acres excluding the service station site) be zoned PD, and the motion passed unanimously. {~ ~-P~ ~ ~rtv;ch .~~~ ~x CCV4?UJ'zr-~~ aJ;~.. -CJ"-'" "12 c/'} J . . :- "'L77'\ ~.,1 ~ l' CM...::- 9)3-1371 --"'-"-L- t1::. ~~. /)/-2~ /.J./ 4~ ~~ ~~ O-~(}~ 7.-^c~.--4~ " - .' .'. J ,- r ., r~ @,-.-L ~ r:"~Lkl?L~~c._I.:.~ ~ ~(] '--u~-~ - ..---dkr-~L I'?/ ^~ ?-O~ --tys,~~- ~~LL<-&~ ) ~&f J 6r f I iU Cl??k L~A-- July 27, 1970 (PH-Portola Ave. Annex No.4, Contd) George Gundlfinger, representing Ralph Pahlmeyer, owner of the property where the service station is located, inquired if that property would be zoned CN (Commer- cial). Mayor Silva abstained from discussion in regard to this point as the station is a Standard operated station. Mr. Gundlfinger was assured that there was no problem as the use is already approved and in existence, but the property will be referred back to the Planning Commission for clar- ification of a zoning category. Mayor Silva returned to the chair at the close of this discussion. Councilman Miller made a motion that the area between the tracks and First Street, labeled as ID-H zoning on the map, be zoned ID-H in accordance with the recommendation of the Planning Commission; the motion was seconded by Councilman Taylor. The owners had pro- posed RG-16 for this area. Councilman Taylor felt that since this area had been designated for light industrial for a number of years, it should remain as industrial. Councilman Beebe stated that this would be an ideal location for CH (Highway Commercial) zoning for motels, etc. Councilman Miller said he felt ID-H zoning gave the City more control over the use than CH zoning. Councilman Miller stated that the proposed 4.7 density is over the General Plan, and he did not see any reason to increase the overall density. Mr. Barker inquired if the owners presented another plan with the RG-16 in another location, with ID-H zoning for this area, and sufficient open space dedicated to compensate for the RG-16, would the Council be agreeable. Councilman Miller pointed out that there was zero density for the whole area for it was indicated as industrial by the General Plan. There was no indicated density from which to subtract to allow the multiple use. Councilman Beebe stated he would like to see the area around the existing plant, as well as the homes on Colgate Way, protected by a buffer zone. Mr. Barker suggested that the area just within the fenced area around Hexcel's plant be zoned ID to insure protection. The Council felt that the Planning Commission should look into this further. Councilman Taylor pointed out the zonings indicated by the General Plan and the density for this area. There is little residential zoning and density presently indicated, and any revised plan presented should maintain the density as indicated under the General Plan. Mayor Silva agreed the density should be maintained as shown by the General Plan. A motion was made by Councilman Taylor, seconded by Councilman Miller, that action on the rezoning of this property be continued until the 19th or 26th of October, and the motion was approved unanimously. * * * AFTER A BRIEF RECESS, THE MEETING WAS RESUMED WITH ALL MEMBERS PRESENT. * * * CM-23-138 CONSENT CALENDAR RESOLUTION NO. 103-70 RESOLUTION CONFORMING ASSESSMENTS - WEED ABATEMENT ~" * * * A letter has been received from the Springtown Association in regard to speed and motorcycle noise in that area. It was suggested by the Police Chief that residents report violations immediately in order that immediate investiga- tion may be made. * * * Bids were received from the following companies in the amount listed for an industrial tractor- loader for the Golf Course Department: July 27, 1970 Resolution - Weed Abatement Springtown Assoc. re Traffic Bids for Capital Expenditure Items Bidders Hayward Tractor (Ford 35012-K) International Harvester, Fremont Hoyt & Buettner, Hayward (John Deere JD-300) Techel Tractor, Concord (Massey Ferguson - MF-40-32-18) Bid Plus Tax "$ 6,034.77 (2444-D) 6,318.40 6,483.69 6,720.92 The highest bid by Techel Tractor of Concord is recommended for acceptance because it is the only bid that offers a tractor which meets the specifications, including the torque converter. Bids were received on July 23, 1970, for the construction of traffic signals and left turn lanes at the intersection of Hillcrest and East Avenue. The bid for modifications of the traffic signal at Fourth and Livermore Avenue is included. Amount 39,741. 94 43,380.00 45,607.50 42,110.00 Bidder Rosendin Electric, Inc. Steiny & Mitchel, Inc. R. Flatland Co. $ Engineer's Estimate It is recommended that the low bid by Rosedin Electric, Inc. be accepted and the bid awarded to them. * * * The minutes of the Housing Authority meetings of June 9 and 16 and the Minutes of the Beauti- fication Committee meeting of June 11 were acknowledged. * * * On motion of Councilman Beebe, seconded by Councilman Miller, the Consent Calendar, in- cluding the resolution, was approved by unanimous vote. * * * A report was made by the City Manager in re- gard to the City's barn located at the former rodeo grounds. It is in a bad state of disre- pair and must be repaired to building standards Minutes (Housing Authority- Beautification Committee) Approval of Consent Calendar REPORT RE CITY BARN OCCUPANCY (CAC) CM-23-139 July 27, 1970 (Barn Occupancy) before it can be used. An application has been received from the Livermore Cultural Arts Coun- cil requesting permission to use the structure on a temporary basis, and that repairs will be made by them at their expense. Councilman Beebe felt that if any tax monies are spent on the building at any time that it revert back to the City. It should be a voluntary effort and no taxes can be spent on this building. Under the proposal the management responsibility for this building will be transferred to the Livermore Area Recreation and Park Dis- trict for use by the LCAC. The lease would be for a period of two years after which time vacancy might be required. Councilman Miller felt that the Cultural Arts Council should be a party to the agreement since they will be using the building and financing the repairs. Councilman Pritchard stated there were many people who objected to the use of this building by the LCAC; perhaps the Council should consider some other use, such as a collection point in connection with the Ecology Center for papers, cans, bottles, etc. Mrs. Katie Richardson, 510 Junction Avenue, said it seemed to be a prevalent thing for the Cultural Arts Council to call on the City Council for aid. They have already asked for a subsidy from the City and now are requesting use of this building. If they have the money for $3,000 in repairs, then why did they ask the Council for $2,100 subsidy. She felt the Council should consider this request and vote wisely on this matter. Robert Allen, 223 Donner Ave., felt that if the barn was in such disrepair then it should be demolished or some use found for it, such as use by the Ecology Center. If it can be repaired, then perhaps it could be utilized by the City rather than renting space downtown. There is a large second floor at the Golf Course building also which is not in use and perhaps could be used by this or other groups. He did not feel the City should get involved with one par- ticular group. Lloyd Jansen, 516 Adelle, felt that perhaps the City would make money from the recycling efforts if this building is used for this purpose. Bob Seldon, 1066 Madison, president of the Cultural Arts Council, said that the building had been proposed for razing, and that there are a number of groups in the City which would like to use the building and are interested in repairing the barn for use. Councilman Taylor reminded the Council that when the situation was first discussed the Council had been presented with an estimate for razing the building but many people had felt there could be some use for the building. He did not understand why anyone would want the building torn down rather than put to use. Mrs. Robert Heath, 2988 Kennedy Street, said she could not under- stand why they would want to put their money into a building which will be torn down. Rather the LCAC could have raised the money for their Festival rather than putting it into repairs. Councilman Taylor made a motion that the staff recommendation be accepted, that management responsibility for the City barn be trans- ferred to the Livermore Area Recreation and Park District subject to their approval and to the conditions that structural changes be made, that this agreement is temporary in nature, and terminated when City requests occupancy. This motion was seconded by Council- man Miller and passed by the following vote: AYES: Councilmen Taylor, Miller and Mayor Silva NOES: Councilmen Beebe and Pritchard CM-23-140 The City Manager presented a report and his re- commendations on the various special projects presented by the Chamber of Commerce for inclu- sion in the budget. July 27, 1970 REPORT OF CHAMBER OF COMMERCE SPECIAL PROJECTS Councilman Miller made a motion that Item 1 - Standard Industrial Survey, Item 3 - Industrial Map, Item 5 - Presentation Folder and Item 10 - Community Needs Survey, be approved and the remainder of the projects deleted. There was no second to the motion. The Council then considered each of the proposed eleven projects individually. Item 1 - Standard Industrial Survey The Council was in agreement with this item. $ 350.00 Item 2 - Industrial Brochure $ 1,500.00 Councilman Miller objected to this item as he felt industrial realtors usually obtain this information for themselves; Mayor Silva stated he thought the City needed this item; Councilman Taylor said he felt each realtor operates for his own needs and not for the City; Councilman Beebe said this tool had not been tried before and perhaps this would aid in obtaining industry. Mr. Parness replied that he had received requests for such infor- mation on several occasions from industrial people he talked with. Some cities are producing very good brochures because there is a need for them. This item was approved with Councilman Miller dissenting. Item 3 - Industrial Map $ 1,100.00 It was pointed out that this expense is for the printing alone as the actual preparation of the map and updating will be done by the City engineering staff. This item was approved by the Council. Item 4 - Property Owners Index $ 300.00 Councilman Miller felt this was an unwarranted expenditure as it is out of date as soon as it is made. Mr. Mason explained that a key to industrial properties would be made and printed as needed; this would be a maximum expenditure. These tools have not been available before, and it is hoped that these will aid in locating industry in Livermore. Councilman Miller pointed out that this work is done with tax money, not Chamber money. This item was approved with Councilman Miller dissenting. Item 5 - Presentation Folder $ 100.00 This item was approved for $100 in accordance with the City Mana- ger's recommendation, rather than the $200 requested by the Chamber. Item 6 - Photos of Industrial Sites Councilman Miller stated there was already a this expense should be provided by realtors. 3-2 to eliminate this expenditure. Item 7 - Industrial Travel, Meetings, Etc. $ 600.00 The Chamber had requested $bOO for this item, but the City Manager recommended reducing the amount to $600. Councilmen Miller and Pritchard requested deletion of this item. Mr. Mason felt they should be represented at industrial meetings just as the Council is represented at City organizations. Councilman Miller stated that realtors know there is land available in Livermore and repre- sentation is not needed at local meetings. After discussion this item was approved at $600 with the stipulation that it be used for out-of-town travel upon approval by the City Manager, with Councilman Miller dissenting in the vote. $ 100.00 photo available, and The Council voted Item 8 - Industrial Tour $ 400.00 Mr. Mason stated it had been three years since an industrial tour had been held. Mayor Silva stated he had heard comments from realtors attending that they had revised their opinion of Liver- more's desire for industry as a result of the tour. The Council approved this item, with Councilmen Miller and Pritchard dissenting. CM-23-141 July 27, 1970 (Chamber Projects) Item 9 - Miscellaneous $ 250.00 Mr. Mason explained that this was contingency item in relation to promotion of industry. The Chamber had requested $500, but upon recommendation of the the Council approved this item for $250, with Coun- and Pritchard dissenting. City Manager, cilmen Miller Item 10 - Community Needs Survey $ 1,200.00 Mr. Mason explained that this item was presented as an alternative, and felt that this was not needed this year. This item was deleted by the Council with Councilmen Beebe, Taylor and Mayor Silva dissent- ing. It was suggested the survey could be carried out by the City. Item 11 - Slide Presentation $ 1,000.00 This item was deleted by the Council by unanimous vote * * * CUP - SIGN Frank Lewis has requested a Conditional Use Permit (Frank Lewis) to place a roof sign at 1593 First Street for Foster Freeze. The Planning Commission concluded that the sign could be considered architecturally a part of the structure, but felt the parapet wall should be extended around the roof. Approval is recommended upon the condition that the para- pet wall be extended. CouncLillEn MU~r made a motion, seconded by Councilman Taylor, that the Planning Commission recommendation for approval be accepted, and the motion was approved unanimously. * * * In accordance with the suggestion given by the Coun- cil, the City Manager conducted a survey among mer- chants who were assessed for the lease of the public off-street parking lot as a part of their business license. The City Manager submitted the results of the survey to the Council and recommended that lot usage continue as at present. Mr. Parness stated that brief checks had shown that there was 50% occupancy, but a more complete study of usage might better indicate the needs for the parking lot. This matter was con- tinued until a detailed report of actual usage can be prepared. REPORT RE OFF-STREET PARKING * * * A Conditional Use Permit has been requested for a real estate office at 476 No. L Street to be lo- cated in a CP zone. This use was not included under CP zoning by the Planning Commission at the time the ordinance was drawn because of the nature of the business. Allowance for this type of use under a CUP at this time would set a precedent, and denial was recommended. CUP - Real Estate Office No. L Street (Allied Brokers) Councilman Taylor made a motion, seconded by Councilman Pritchard, to approve the Planning Commission's recommendation for denial, and the motion was approved unanimously. * * * SUMMARY The summary of action taken at the Planning Com- mission meeting of June 21 was acknowledged by the Council. * * * CM-23-142 Mr. Musso reported he had met with the Shell representative in regard to the proposed sta- tion at Portola Avenue to work out the details of signing for the station. Shell had agreed to eliminate the roof sign in exchange for erec- tion of a permanently affixed decorative price sign. * * * Councilman Beebe requested that the staff pre- pare a report on the proposed taxes which would result, as well as effect on City services, from a proposed trailer park when such application is received. * * * July 27, 1970 MATTERS INITIATED BY STAFF (Shell Station) MATTERS INITIATED BY COUNCIL (Trailer Parks) Mayor Silva spoke in regard to the ABAG meeting ABAG Meeting scheduled for July 30. Councilman Taylor was re- quested to attend as Councilman Miller, the Coun- cil's representative, would be unable to attend. * * * Mayor Silva reported he had received a complaint that the driveway at the Gulf service Station in Springtown was a safety hazard. Mr. Lee was re- quested to take anotherillok at the safety aspects and report his findings to the Council. * * * (Gulf Station - Springtown) Mayor Silva stated he had read that the units (Housing Authority) being constructed by the Housing Authority would cost about $24,000 each, not including the cost of the land and felt this was extremely high. Concern was expressed by all members of the Council that this cost was too high and the Council discussed if there was any action they could take in regard to the proposed plan, however no action was taken. * * * There being no further business to come before the Council the meeting was adjourned at 12:35 a.m. until 8:00 p.m. Tuesday, July 28, 1970, for a joint study session with the Planning Commission, in the Justice Court Chambers, 39 South Livermore Avenue. * * ATTEST APPROVE Li * * * ADJOURNMENT CM-23-143 Regular Meeting of August 3, 1970 A regular meeting of the City Council was held on Monday, August 3, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard and Mayor Silva ABSENT: Councilman Miller * * * PLEDGE OF ALLEGIANCE The Mayor led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * OPEN FORUM Mr. Robert Allen, 223 Donner, gave a brief report (Peace March) on 110peration Cleanupll, which was a petition drive held within the City last winter. This petition, in part, stated that Livermore citizens opposed the use of public facilities for staging facilities or havens for marches or protests. Although this petition referred in particular to schools and college campuses, it could apply equally to any public facilities. He indicated that 794 Livermore citizens had signed this petition, with about 10% opposing it and 10% refusing to sign any petition and urged that the City take a strong stand against the use of ~ublic facilities as staging areas for the Peace March on August bth. Mayor Silva pointed out that the School District would have to handle the situation as the property requested is school property, and all the City can do is provide police to control any activity which may take place. * * * CONSENT CALENDAR The Public Works Director submitted a report recom- mending that there be restricted parking on First Street east of Holmes Street and parallel parking on Fourth Street. Mr. Lee stated that the adjacent owners, Mobil Service Station and Import Car Sales, had been contacted and Import Car Sales felt the llno parking" res- triction would hurt their business. The matter had been discussed with the owner and suggestions made that another driveway be added to the car lot to provide parking for customers, but the owner felt the cost would be too great. The parking change on Fourth Street would involve st. Michael's Church; the pastor was away on vacation but the assistant had been informed of the proposed change. There would be approximately 22 parking spaces lost as a result of the change to parallel parking. Councilman Beebe suggested that action should be delayed until the pastor returned to ascertain if there are objections to the change. Parking Res- trictions at 1st & 4th sts. After further discussion the Council approved the recommendation of the Public Works Director, but requested that the striping on Fourth Street be delayed until the pastor returns and can be in- formed of the change. Val Yoakum, 3832 Dartmouth Way, stated that he had brought the traffic situation on Fourth Street to the attention of the Council previously at which time he presented pictures of traffic backed up on Fourth Street even though the church parking lot was only partially filled. * * * CM-23-144 RESOLUTION NO. 104-70 A RESOLUTION ADOPTING AMENDMENT TO PERSONNEL RULES AND REGULATIONS August 3, 1970 Personnel Rules and Regulations This resolution is required due to the change in fringe benefits award for employees whereby the City contributes an amount toward dependent coverage for medical insurance; reference is also made to the provision for llMemoranda of Agreementll. * * * RESOLUTION NO. 105-70 A RESOLUTION DESIGNATING LOCAL OFFICIALS TO ACT FOR LOCAL JURISDICTIONS IN OBTAINING FUNDS FOR CIVIL DEFENSE. RESOLUTION NO. 106-70 RESOLUTION OF THE CITY OF LIVERMORE REGARDING CIVIL DEFENSE SURPLUS PROPERTY; COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2,500.00. Resolutions - Civil Defense (Funds & Surplus Property Acquisi- tions) These resolutions revise the signatures of authorized persons for Civil Defense matters to delete the former Assistant Director. * * * An application for an exempt business license has been received from the Livermore-Amador Mobilization for Peace (LAMP) peace fair - August 8. * * * Exempt Business License One hundred seventeen claims in the amount of Payroll and Claims $63,525.58 and two hundred forty payroll war- rants in the amount of $77,800.97 dated July 30, 1970, were presented to the Council and ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 7992 for the usual reason. * * * On motion of Councilman Beebe, seconded by Coun- Approval of cilman Taylor, the Consent Calendar was approved, Consent Calendar as amended, by unanimous vote. * * * The Public Works Director submitted a report in answer to a letter received from Mr. E. M. Bobson relative to the sewer connection agree- ment dated August 10, 1964, and the modifica- tion dated October 18, 1965. Mr. Bobson is in disagreement with the staff over two points involving benefit district and the water line extension on East which he has been billed. REPORT RE LIVERMORE RESEARCH AND DEVELOPMENT PARK the sewer Avenue for Mr. Bobson and Mr. Ed Hutka, the parties involved, were present . at the meeting. Mr. Bobson asked that this matter be continued for one to two weeks in order that he could study the staff re- port and outline his points of disagreement. It was also suggested that Mr. Bobson contact the staff to discuss this matter so that agreement could be reached before discussion by the Council. * * * CM-23-14S August 3, 1970 REPORT RE MOBILE HOME PARK INQUIRY The City Manager explained that this letter of in- quiry regarding possible location of a mobile home park in Livermore was presented to the Council to ascertain their views before annexation proceedings are begun. The owner of a small mobile park located at 1348 South Livermore Avenue wishes to expand and improve his land, including expansion of sewer and storm drains. He would like some indication of the views of the Council before assuming these costs and annexation fees. Mayor Silva stated that the Planning Commission should consider this before the Council could act. Mr. Richard Callaghan, representing Mr. Phillip Redmond, who is the owner of the trailer court, stated the park is adjacent to the City boundary. Mr. Redmond was asking for some assurance that he could expand and ask for annexation and that this would subsequently be considered as a suitable location for a mobile home park and zoned as such. Councilman Pritchard wished to point out that this park is in exis- tence now and that the owner is attempting to upgrade his property; this should be taken into consideration when the matter is considered by the Planning Commission. Councilman Beebe felt that this is an existing use and the owner wants to upgrade his property which will certainly be considered by the Planning Commission. Mayor Silva said this would reflect in the minutes. Councilman Taylor felt that the Commission's review should be without prejudice and made a motion that this general area be reviewed by the Planning Commission as to possible land use and the motion was seconded by Councilman Beebe. The Planning Director stated this matter had been before the Plan- ning Commission previously, and they had felt this area should be used for higher density residential use or commercial office related to civic center. The motion for referral to the Planning Commission was approved un- animously. * * * The Planning Director stated that in the original memo the staff had noted difficulties in enforcing the ordinance in regard to the storage of trailers, camper tops, and similar equipment in residential yards. They had recommended that either the ordi- nance be enforced or be repealed. The Planning Commission has re- commended that it be enforced and the Council should now decide whether they want to enforce it, review it, change it, or repeal it. REPORT RE TRAILER STORAGE The Mayor stated that there had been a discussion of this matter by the Planning Commission and the Council at the study session. The policy set by the Council had been to enforce the ordinance upon complaint and the discussion at the study session had centered around the fact that the ordinance should be enforced in an overall manner, not just on complaint, to be fair and just. Mayor Silva stated that there should not be a policy to enforce or not enforce an ordinance; if the ordinance is unfair it should be repealed. Councilman Pritchard stated he could not understand enforcing an ordinance which is inequitable; presently this ordinance is inequi- table. One type of vehicle is permitted while another is not. CM-23-146 August 3, 1970 Councilman Beebe felt that the present policy of enforcement upon complaint should be main- tained. (Trailer storage Continued) Councilman Taylor felt that the present policy was unfair; the ordinance should be amended or abolished. Some control must be exercised over what vehicles can be parked in front yards. Councilman Taylor made a motion, seconded by Councilman Pritchard, that this matter be continued until August 24th, which was approved unanimously. Val Yoakum wished to add some comments to his letter which had been given to the Council. He felt storage meant month-in, month- out long term storage. He used his camper on the average of two weekends per month and did not consider this storage. Mayor Silva pointed out that a hearing on this matter about four years ago had been held and the ordinance adopted over the protest of 10% of the residents. * * * Intermark Investing Company has requested a Conditional Use Permit to construct a mobile home park on a site located between Bluebell Drive and U. S. 580, east of Las Flores Road. The Planning Director explained that under the ordinance, a public hearing on this application is optional. Councilman Miller had expressed his desire that a public hearing be set. CUP - Intermark Investing Co. (Mobile Home Park) Councilman Taylor stated he did not see any reason for bringing this application back before the Council as it appeared to be unchanged unless the applicant seems to feel there has been a change in public feeling in regard to mobilehome parks. If this is the case, then this CUP should be reconsidered at a public hearing. Councilman Taylor made a motion, seconded by Councilman Beebe, that a public hearing be set for August 24. Mayor Silva did not think a formal public hearing was necessary as citizens were free to appear before the Council whether it is a formal public hearing or not. Councilman Taylor stated that surrounding residents should be notified and it should be a formal public hearing. Councilman Pritchard pointed out there had been a hearing at the Planning Commission level, but would go along with Councilman Miller's previous request for a public hearing out of courtesy for his wishes. Councilman Beebe said that in this case a public hearing should be set even though it does in- volve some cost on the part of the City as residents should be given an opportunity to express their views. Mr. Perry, 2332 Shetland Road, stated that a newspaper article had indicated there would be a public hearing, and that was why he and some other residents were present at the meeting. He had a petition signed by 241 people, 75 from Springtown, opposed to this permit. Mr. Perry asked if there was a definite plan sub- mitted that this will be an adult community as well as a llfive starll mobile home park. Mayor Silva said his understanding was that the plan which has been submitted is not the one the applicant wishes to have approved. The use can be approved conditioned upon approval of the final or amended plan. Councilman Taylor stated that it had been pointed out by the City Attorney previously that there was no legal basis for limiting the park, or other housing, to adults only. CM-23-147 August 3, 1970 (CUP-Intermark Investing Co.) Mr. Perry also inquired about the bond for the completion of Larkspur and Bluebell Drive through Proud Country, and asked when this work would be done. The Public Works Director replied that completion of this street was required with completion of the third housing unit and so far there are only two units. A bond would only be posted at that time, but is not presently posted. At the close of the discussion, the motion for a public hearing to be set for August 24 regarding Intermark Investing Company's application for a Conditional Use Permit was approved unanimously. * * * The Planning Director explained that this was a proposal for rezoning a site located at the inter- section of Collier Canyon Road and U.S. 580 from A (Agricultural) to General Commercial District. The Planning Commission felt that this rezoning was premature and that the General Commercial zoning would not be appropriate for this area. Possible uses other than single family, which is the use indicated on Liver- more's general plan, were discussed. Mr. Musso felt there would be more requests for commercial in this area in the near future. COUNTY REFERRAL RE REZONING (Continental Pool Service) Councilman Taylor made a motion, seconded by Councilman Pritchard, to accept the Planning Commission's recommendation for denial of the rezoning, which was approved unanimously. The Council discussed the suggestion that Mr. Musso present a de- tailed plan of proposed uses for this whole general area to the Board of Supervisors for their information and use in considering applications for various uses. BOARD OF SUPERVISORS- (Jurisdiction for Assessment District) * * * Mr. Parness addressed the Council in regard to a similar problem he faced when he appeared before the Board of Supervisors hearing to request juris- diction for formation of an assessment district hearing relative to utility services for the pro- posed Junior College. This matter will also come before the Council in about a month and calls for the extension of the utility lines up Collier Canyon and down to the treatment plant. All of the area, about 640 acres, will be in the proposed assessment district, and the Board of Supervisors must grant jurisdiction for property not within the City to be in- cluded in the district. One of the land owners (90.5 acres) has already contacted Supervisor Murphy in regard to his assessment in excess of $70,000. This landowner is concerned because his acreage is quite hilly and has been proposed for 1.5 d.u./acre density by the Planning Commission for a small portion and zero density for the remainder. He cannot understand assuming an assess- ment of $70,000 when on the other hand he is being told that he cannot expect anything but very low density use for his land. Mr. Parness felt more thought should be given by the Council and the Planning Commission as to what can be done in this area and to density transfers so that the land can be utilized. Mr. Parness stated Supervisor Murphy was quite concerned about the meeting and had expressed the hope that the Council would con- sider density transfer and give some assurance that this landowner could recover his assessment costs. After discussion of ways of achieving equity for the owners in the area of the assessment district, the Council agreed that the owner CM-23-148 August 3, 1970 of the property must be compensated in some (Bd. of Supervisors) manner for his high assessment and this could be done by giving a higher density to that por- tion along the road. The City Attorney pointed out that this approach might aid in solving a legal problem in the formation of the district. * * * The Planning Commission has considered referral from the City Council for reconsideration of possible amendment of the Zoning Ordinance of Sec. 21.40 (Off-Street Parking). PROPOSED ZONING ORDINANCE AMENDMENT (Sec. 21. 40- Off-Street Parking) Mr. Musso outlined the changes proposed, includ- ing those recommended by the Council and also one relative to parking for upper stories. In the CB Zone (downtown) the 2 to 1 ratio is not feasible, so the requirement was left at 1-1; in the CG Zone (between railroad tracks) there should be two square feet for each square foot of first floor area and one square foot for each square foot of second or subsequent floor area. Under motels, hotels, etc., parking requirements for pertinent eating and drinking places one additional space for every ten rooms was added. The length of the required easement was reduced from 100 ft. to 50 ft. in depth. Under landscaping, page 9, the requirement was added for a planter of five feet plus protection around it. The City Attorney was instructed to prepare the ordinance as stated in the draft presented for first reading and subsequent vote. * * * The Planning Commission minutes of the meeting of July 21, 1970, were acknowledged. * * * California Water Service Company has made an application for a rate increase by use of a llstep ratell over several years. Discussion followed concerning the proposed increases and whether they were justified. Mr. Parness point- ed out the areas the City now services and those which are planned to be serviced in the future. PLANNING COMMISSION MINUTES REPORT RE CALIFORNIA WATER SERVICE CO. RATE INCREASE Mr. Parness reported to the Council he had been contacted by one of the other public customers of California Water Service to see if Livermore was interested in joining financially in an effort to retain the services of a specialist to look into the proposed rate increase and possibly to challenge it. He was instructed to obtain more information in this regard to see what it would cost the City and what it would cover, and report back to the Council for further consideration. * * * The City Manager submitted a report regarding a directly elected mayor as requested by the Council. REPORT RE DIRECTLY ELECTED MAYOR Mayor Silva felt that this matter should be postponed until all the Council was present. The election of mayor could not take place until 1972, and perhaps new councilmen should serve longer before making the decision to have such an election. The City Attorney pointed out that two elections are involved - one to put before the citizens the question of an elected mayor CM-23-149 August 3, 1970 (Elected Mayor) at either a general municipal election (in April) or a special election held sooner. The soonest an elected mayor could be chosen would be at the en- suing municipal election in April, 1972. Councilman Taylor said he would like to delay decision until he had the opportunity to talk to others at the League of California Cities meeting in October. Councilman Pritchard felt that this should be done as soon as pos- sible. He did feel that more discussion was needed as many people were confused as to what they would be voting on. Some felt that voting on an elected mayor meant they were also voting for a char- ter. This is not true as Livermore is a General Law City and these differences should be discussed with the citizens. Mayor Silva felt this matter should be postponed for one year in order to investigate the question thoroughly and to inform the voters and also to avoid the cost of a special election if nothing can be done until 1972. If the matter can be resolved in November, with the election in 1972, then he felt the Council should go ahead with its decision. Councilman Taylor felt this item might be buried on the general elec- tion ballot in serves. There three in 1974. be voted on in November; the issue would not get the debate it de- would only be one councilman running in 1972 with He felt it would be better for the elected mayor to 1974. Councilman Beebe pointed out most people indicated they wanted the term to be set for two years, not four. Mayor Silva stated this would put an extra burden in time and expense on anyone running for mayor to run for election every two years. Councilman Taylor made a motion that this matter be postponed for a year and it was seconded by Mayor Silva. The motion failed by the following vote: AYES: NOES: ABSENT: Councilman Taylor and Mayor Silva Councilmen Beebe and Pritchard Councilman Miller Discussion followed as to when the election on the question of a directly elected mayor could be held; if not in November, then it could be consolidated with the school election in April or at a special election. The City Attorney stated that his research indicated that the legis- lature had delegated to the City Council the responsibility to make the decisions as to whether or not it should be submitted to the voters and that it is not subject to initiative or referendum. Councilman Taylor made a motion, seconded by Councilman Beebe, that this matter be continued until August 17 when a full Council would be present and the motion was passed unanimously. * * * MATTERS INITIATED BY STAFF (Resolution- Greeting to Sister City) The City Attorney had prepared a resolution for presentation by Councilman Taylor during his visit to Livermore's Sister City Quezaltenango which ex- pressed greetings and salutations from the City Council. On motion of Councilman Taylor, seconded by Council- man Beebe, the following resolution was approved unanimously: CM-23-150 August 3, 1970 RESOLUTION NO. 107-70 (Resolution Sister City) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE SENDING ITS WARM GREETINGS AND SALUTATIONS TO THE CITY COUNCIL AND THE PEOPLE OP OUR SISTER CITY QUEZALTENANGO. * * * Councilman Pritchard told the Council that on a recent visit in a home in the Kaufman & Broad subdivision, he had noticed a very strong odor from the Water Reclamation Plant. Mr. Lee re- plied that he did not know that odors were noticeable that far from the plant; however, it is a fact that our sludge handling facilities are at a critical stage and subject to problems. It was hoped to have a plan before the Council soon as to how to proceed to take care of this problem. Mr. Lee was re- quested by the Council to investigate and report back to the Council. MATTERS INITIATED BY COUNCIL (Water Treatment Plant) * * * Councilman Taylor reported on the ABAG meeting (ABAG Meeting) he had attended as the Council's representative. The General Plan was overwhelmingly approved, and designates the area around Livermore for minimal development. * * * ADJOURNMENT APPROVE ATTEST * * * Regular Meeting of August 10, 1970 A regular meeting of the City Council was held on Monday, August 10, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 P.M. * * * PRESENT: Councilmen Beebe, Pritchard and Mayor Silva ABSENT: Councilmen Taylor and Miller ROLL CALL * * * COUNCILMAN MILLER WAS SEATED AT THIS TIME CM-23-151 August 10, 1970 MINUTES The Minutes of the meeting of July 27, 1970, were approved as amended, and the minutes of the meeting of August 3, 1970, were approved as presented on motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous approval. * * * OPEN FORUM (Housing Authority) Mrs. Katie Richardson, 510 Junction Avenue, addressed the Council on the proposed low cost housing project to replace Vila Gulf, being built at a reported cost of $24,000 per unit. She felt the Council should be careful in regard to putting anything on the ballot in regard to urban housing development and suggested that citizens attend the meeting of the Housing Authority to be held on August 18 to voice their protests. Mayor Silva stated that this matter had been discussed previously and that this is out of the Council's jurisdiction. Councilman Miller stated that a certain amount of federal tax money is appropriated for housing, and this is a federal issue, not local. Mayor Silva pointed out that the voters in Livermore had voted to participate in this program. The Council, as well as others in the community, have expressed concern over the high cost of the units. * * * (Golf Course) Paul Tull, 2243 Linden, stated that he recently in- quired of the Council if it would be possible to rent or lease the City Golf Course so that it would produce income to the City rather than a loss. Mayor Silva replied that the course was showing more income due to more play and increased fees, and should be making money soon. * * * (Treatment Plant) Mr. Tull also suggested that the sludge material from the Water Treatment Plant be sold as fertilizer and a source of revenue. Mr. Lee replied that it was being used in the City's parks now and removal is not a problem. * * * Mr.Tull also spoke about an article in the Independent and the Resolution of the Grand Jury regarding fin- ancing or subsidizing of private projects. This resolution states that any subsidy granted for private projects not necessary to governmental functions be put to a vote of the citizens. There- fore, he maintained that the Cultural Arts and Chamber of Commerce subsidies were covered by this resolution, and should be voted on by the people. Upon questioning of Councilman Miller, Mr. Tull did not feel this applied to the Rodeo Parade. (Financing of Private Organizations) The City Attorney pointed out that a resolution of the Grand Jury is a recommendation and generally applies to County government. Secondly, there are several sections in the government code which provide for the use of public funds for promotion and advertising of such projects which are felt to be worthwhile by the Council. Thirdly, the resolution refers to capital projects which are normally interpreted to mean improvement of bujldings, construction of build- ings, and similar uses. Mr. Lewis felt that primarily they were speaking about money derived from lease purchase agreements; there- fore, he did not feel that the resolution was intended to apply to such funds as mentioned by Mr. Tull. * * * CM-23-152 Robert Allen, 223 Donner Avenue, corrected a previous statement that he had 794 signatures on a petition for operation campus cleanup; the correct figure is 695. August 10, 1970 (Operation Campus Cleanup) " "1\- * * The Planning Director reported that several years ago when the RG-IO, 12 and 14 Zoning Districts were adopted, the building height was limited to one story. It has been con- cluded from more recent discussions, especially in respect to townhouses, that more open space can be provided if this is changed to allow two stories. The Planning Commission recommends that RG-14 and RG-16 be allowed as two stories and RG-IO and RG-12 be allowed as two stories except that second story flats are prohibited. Also added was a provision for de- velopment in excess of the height limit subject to a Conditional Use Permit. In addition, the Planning Commission recommended a fifty-foot setback for a two-story structure adjacent to single family residential. PUBLIC HEARING RE SEC. 8.00 RG DIS- TRICT ZO AMENDMENT A motion was made by Councilman Miller, seconded by Councilman Beebe, to close the public hearing as no one wished to speak on this item, and the motion was approved unanimously. A motion was then made by Councilman Pritchard, seconded by Coun- cilman Beebe to accept the Planning Commission's recommendation for amendment of Section 8.00 RG (Suburban Multiple Residential) District of the Zoning Ordinance, particularly Sections 8.82, .83 and .84 to require non-street frontage yard for second-story structures adjacent to single family residential be fifty (50) feet and Sections 8.80, 8.88 and 8.89 regarding building heights. The motion was passed unanimously. * * * CONSENT CALENDAR The following resolutions are required by law and constitute a formal request for the enlist- ment of the annual assessment on the tax bill- ing and its collection by the County on the City's behalf: Resolutions re Assessment Districts RESOLUTION NO. 108-70 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Northern Water Assessment District No. 1962-2) RESOLUTION NO. 109-70 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Northern Sanitary Sewer Assessment District No. 1962-1) RESOLUTION NO. 110-70 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Wagoner Farms Assessment District No. 1962-3) RESOLUTION NO. 111-70 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Murrieta Boulevard Assessment District No. 1967-1) CM-23-153 August 10, 1970 (Assessment RESOLUTION NO. 112-70 Districts Continued) 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. 113-70 RESOLUTION AUTHORIZING SPECIAL ASSESSMENT DISTRICT LEVY TO BE PLACED ON THE TAX ROLL TO BE COLLECTED BY THE COUNTY OF ALAMEDA (Portola Avenue Assessment District No. 1966-2) * * * FAA re Control Tower A communication has been received from the Federal Aviation Administration regarding control tower site facility at the Livermore Municipal Airport. The City Manager reported that the facility should be in service late summer of 1971. * * * Exempt Business License An application for an exempt business license has been received from Groupo Guadalupano - kermess on August 23, st. Michael's School grounds. * * * Approval of Consent Calendar On motion of Councilman Beebe, seconded by Council- man Miller, the Consent Calendar was approved by the following vote: AYES: Councilmen Beebe, Miller, Pritchard and Mayor Silva NOES: None ABSENT: Councilman Taylor * * * REPORT RE COUNTY HIGHWAY ADVISORY COM- MITTEE MEETING The City Manager reported that the Highway Advisory Committee will meet on August 12 to finalize the list of Projects for subsequent presentation to the Cal- ifornia Highway Commission. Three of these projects pertain directly to the City of Livermore: 1. Route 84 along existing alignment from Mission Boulevard to Route 580 - continue a program for correction of deficiencies. 2. Route 84 freeway from Route 680 near Sunol to Route 580 - com- pletion of freeway design and acquire rights-of-way. 3. Route 85 from Route 580 to Alameda County-Contra Costa County Line - completion of route studies and route adoption. Mr. Parness was asked to convey the endorsement of the Council to the Committee in regard to these projects. * * * On motion of Councilman Miller, seconded by Coun- cilman Pritchard, the first reading of the ordinance was waived (title read only) and by the following vote the ordinance repealing Chapter 5, re Auto Courts and Trailer Camps and repealing Div. 2 re parking meters of Article V, re stopping, standing and parking and enacting a new section prohibiting camping or parking certain vehicles on public streets or highways, was introduced. AYES: Councilmen Beebe, Miller, Pritchard and Mayor Silva NOES: None ABSENT: Councilman Taylor PROPOSED ORDINANCE (Trailers on Public Streets) CM-23-154 August 10, 1970 Mayor Silva stated that he had received a re- quest that their consideration of the proposed zoning ordinance amendment of Section 21.40 (Off-street Parking) be postponed for one week in order that the Chamber of Commerce can con- sider the ordinance at its forthcoming meeting. This proposed ordinance was discussed on the previous Council meet- ing of August 3, but no comments were made at that time by members of the Chamber in this regard and they indicated they were not aware the ordinance was to be discussed. PROPOSED ZONING ORDINANCE AMEND- MENT (Sec. 21. 40 Off-Street Parking) Councilman Miller did not feel it was necessary to continue this matter as the Chamber received agendas and had the same opportunity to attend as other citizens. Councilman Beebe said the Council had expressed a willingness to listen to people and haste is not necessary in this case. Councilman Miller said he was concerned that a private organiza- tion was receiving ordinances for their review and he did not feel that private groups should be given ordinances for review before the Council takes action. The Chamber can make their wishes known at the meetings or over the telephone as other mem- bers of the community do. Mayor Silva felt that any group could ask for a copy of any ordinance or request a delay just as an individual could. Councilman Pritchard felt granting the delay was a matter of courtesy and would do the same for any group, and made a motion, seconded by Councilman Beebe, to continue the first reading of the ordinance regarding amendment of Section 21.40 (Off-Street Parking) for one week. Mr. Paul Tull, 2243 Linden, told the Council that they were not allowed their request for continuance on the budget hearing in order that Councilman Pritchard could be present. Mayor Silva replied that Councilman Pritchard stated prior to his leaving that his vote would be as he had already indicated. The motion for continuance was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Pritchard and Mayor Silva Councilman Miller Councilman Taylor * * * The City Attorney reminded the City Council that the park dedication ordinance matter would be heard in the District Court on August 11. MATTERS INITIATED BY STAFF (Park Dedication Ordinanc~ * * * The City Manager reported that an important (AB 2310) piece of legislation that would be presented soon was AB 2310 which would provide for the establishment of a Bay Area Conservation and Development Agency. This is the Knox proposal and would encompass the nine county Bay Area region. The essence of the bill is that this agency would be granted regional responsibilities for consideration of such regional matters as transportation, parks and recreation, solid waste disposal and general planning. The bill provides for a forty member assembly, twenty of which are to be selected by the cities and counties involved and the other twenty are to be elected from districts. The method of selection for the members is the reason for opposition by the League of California Cities and the County Supervisors Association. The League urges CM-23-155 August 10, (AB 2310) 1970 that all representation be from directly elected local officials to be selected by the local govern- ing bodies such as the Council and other official agencies. The method of financing allowed by this bill was also discussed by Mr. Parness. Councilman Pritchard felt this could be taken care of by existing organizations and felt the Council should oppose the whole bill. Councilman Miller pointed out this bill had been amended somewhat from the original bill. As discussed previously, regional govern- ment will eventually take place to control regional problems, such as air pollution, which have to be handled regionally. Mayor Silva stated he would like to see the Council support the League's position in opposition of this bill. Mr. Parness discussed reasons for having such an agency and stated that we should have representation on bodies that address themselves to regional problems; the whole idea of this agency is to consolidate regional problems and programs into one body. It would take the place of ABAG and many other bodies as well and consolidate them into one master agency. A motion was made by Councilman Beebe that the Council go on record as opposing the method of selecting representatives for the agency to be created by AB 2310, but after further discussion the motion was amended to state that the Council was in opposition to the pre- sent composition of AB 2310 and in particular with regard to the method of selection of the Assembly members; the amended motion was seconded by Councilman Miller and approved unanimously. (Proposed Ordinance Sec. 21. 40 ) (Future Budget Sessions) * * * Councilman Beebe asked for clarification of a section on page 2 of the proposed ordinance regarding off- street parking (Sec. 21.40). He stated the intent of the study session on this proposed ordinance was that off-street parking minimum was to be three (3) spaces. Mr. Musso replied that this was the intent of the section. * * * Councilman Beebe stated his feeling that at the next budget hearing one night should be set aside to hear from the people in this regard without other items on the agenda and further suggested that there be no time limit for the speakers. Councilman Miller felt that it is desirable to give people a chance to speak but there has to be a time limit because the ideas given become very repetitious, and all relative points can be stated in the five-minute time limit. Councilman Pritchard stated that the Council should be able to state their views in five minutes also. If the Council can discuss an item for an hour or more, then the public should have a chance to give their views. He felt there should be unlimited time allowed on subjects as important as the budget. Mayor Silva felt that the time limit was necessary in order for the Council to cover its agenda. Councilman Miller pointed out that if a person has more to say than can be stated in five minutes, it should be written and included in the agendas. He did agree there should be a special session for the budget, but the time limit should be observed. CM-23-156 Robert Allen, 223 Donner Avenue, suggested that one person be allowed to make a concise thorough coverage of the subject;some of the repetition would be eliminated. August 10, 1970 (Time Limit Speakers) Mr. Paul Tull stated that repetition indicated that more people are interested. * * * Councilman Beebe inquired of the staff if it (November Ballot) had been determined yet when the deadline is for placement of an issue on the November ballot. The City Manager stated that the County Clerk had indi- cated the deadline would be September 3; however, the ballot would be quite lengthy and it could not be state~ with assurance, that a measure from the City would be allowed. * * * Councilman Miller stated he had had a complaint (Complaint - Weeds) about weeds at 1826 Broadmoor, which was posted but not removed. The City Clerk was instructed to inform the Fire Prevention Bureau. * * * Councilman Miller reported that AB 1271 had been (AB-1271) set for interim study in January. Chairman Knox has suggested that the City should get support for this measure from the League of California Cities and the School District should get school groups interested. The City Attorney stated he would be working on this matter with the interim committee, and perhaps we should consider a formal presentation or resolution on this matter. * * * Councilman Beebe inquired if there had been any complaints about difficulty in turning because of the island recently located at Pacific Avenue and South Livermore Avenue. Mr. Lee indicated he this matter and it did not seem to be excessively (Island-Pacific & So. Livermore Ave) had checked difficult to turn. * * * Mayor Silva inquired when the improvements would be put in on McLeod Street where the street had been terminated at East Avenue. Mr. Lee stated City personnel would be used for these projects accomplished as soon as possible. (McLeod Street Improvements) and it would be * * * Mayor Silva reported he had received a suggestion (Transfer of that the meeting on the 17th or 24th be moved to Meeting) Springtown because of expected large attendance on the mobilehome park issue. The Council did not feel this should be done as it would set a precedent for meetings in other areas. * * * There being~. further the council'ftJe meeti APPROVE V~-o to come before ADJOURNMENT ~urned at 9:30 p.m. ) v-<...... ATTES Ma~oJ / C(J~=-A- ty Clerk ore, California CM-23-157 Regular Meeting of August 17, 1970 A regular meeting of the City Council was held on Monday, August 17, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES The minutes offue meeting of August 10 were approved as presented on motion of Councilman Miller, seconded by Councilman Pritchard, and by the following vote: AYES: Councilmen Beebe, Pritchard, Miller and Mayor Silva ABSTAIN: Councilman Taylor * * * OPEN FORUM (Sign - State Savings & Loan) William Hayden, 140 Lee Avenue, referred to a re- cent meeting at which the Council discussed signing to be erected by State Savings and Loan on Murrieta Blvd. The sign seemed to be in total and absolute defiance of the instructions of the Council. He felt this matter should be explained to the public. The Planning Director stated that the final motion failed to in- clude the intent of the Council that the sign not project above the roof line. * * * PUBLIC HEARING RE PUD NO. 3 (Kaufman & Broad) Mayor Silva opened the public hearing on the Kaufman & Broad request for an extension of Planned Unit Development Permit No.3 for single family residential development for 18 months and commer- cial and multiple development for 36 months from September 30, 1970. Mr. Musso stated the main issue is the extension of time with some minor issues to consider for change. James Dickey, 1285 Lillian Street, stated he concurred with a re- cent newspaper editorial which stated that this PUD should not be extended due to the density and zoning should be in accordance with present zoning requirements for RS rather than RL. Anthony Varni, an attorney representing the applicant, asked that Mr. Musso summarize the staff report and recommendations. Mr. Musso said many of the changes proposed were minor, such as adding new tract numbers, changing some of the dates, deleting some of the extra words; inclusion of the recent increase in park dedication requirements; deletion of some requirements which are no longer pertinent; clarifying the method of computing the density of total number of dwelling units. Mr. Varni stated that they had reviewed the staff recommendations and they were agreeable to the changes and other conditions set forth by the staff, including the increase in park dedication. The question at this time centers around the extension of time for the PUD. The finding required for such extension is that the de- velopment has progressed in a reasonable manner. To support this finding Mr. Varni stated that the last extension on September 22, 1969, was granted on the condition that the front portion of the CM-23-158 August 17, 1970 property be redesigned from a traffic study (PH - PUD No.3) standpoint within 30 days. This study took longer than 30 days and as a result the PUD was revised as of January 5, 1970, by the Council, with Charlotte Way being relocated, with Norma Way extended, and Martha Way eliminated so that traffic could circulate better and avoid traffic being directed through the established tract. Until this study was completed and the PUD amended, work could not be done on the site. Mr. Varni summarized the work that had been done since January 5, 1970, and costs involved as follows: 1. Model home complex - $111,102 2. Cabana and swim club - $52,479 3. 38 homes under construction in Tract 3064 - $230,486 to date 4. Charlotte Way improvements - $416,241 5. Arroyo Seco Channel work - $129,759 Total of $931,067 expended since January 5, 1970. As of this date there have been no homes for which sales have been completed. There have been three tentative maps submitted to the City on Tract 3064, two of which have been approved by the Council and the third is on the agenda to be continued. The applicant feels that everything has been done physically possible to procede with the work in the last eight months. In addition, work has been started on East Avenue on the installation of the water line in conjunction with the City. Until the plans for the apartment units are approved, grading cannot be done on Charlotte Way. Kaufman & Broad have made every effort to com- plete the work. Carl Furnberg, 5315 Sandra Way, spoke against the request for extension of PUD No.3. He suggested that any extension be with the stipulation that the zoning be changed from RG-16 to RG-12 on the multi-family area. Virgie Shore, 1446 Lillian, did not feel that developers should be allowed to think that any permit will be renewed automatically. She felt this particular one should be denied because of traffic problems and school conditions. The developer should be required to bring forth new plans for this area. Gordon Smith, 5262 Irene Way, stated that the improvements put in by Kaufman & Broad were not done willingly but because they were required and did not feel there were any advantages to re- newing the permit. Other developers are required to abide by 1970 standards and this developer wants to cling to 1962 standards. Mr. Smith did not feel the apartments should be allowed. Jack Phillips, 551 North P Street, did not speak for or against the extension request, but in reference to the RS ordinance. He believed the RS ordinance stinks; the Council should review this ordinance and change it. Mayor Silva pointed out the RS ordinance has been referred to the Planning Commission for re- view. Lorraine Raison, 5244 Kathy Way, agreed with Mr. Smith and Mrs. Shore. She also showed the Council some pictures of Kaufman & Broad's development in Foster City as an example of what can happen. She felt the present RS ordinance was better than the RL zoning, and the 300 apartments were very dense for the area. Earl Mason, 5181 Diane Court, said he had purchased the first home in the tract. The apartment and commercial zoning were approved with the first permit for the area, and anyone purchas- ing a home in the area could have found out from the City staff that this was planned. A shopping center is needed, and the development should continue at a proper pace. More homes might CM-23-159 August 17, 1970 (PH-PUD No.3) aid in getting a school sooner. Expensive improve- ments have been put in and Kaufman & Broad should be allowed to go ahead. Mr. Varni stated he had made an analysis of the 1962 and present density allowable, and presented a chart showing previous densities. In 1962 this development was initially approved with 12.6 acres of commercial which has been reduced to 7.6 acres; 33.005 acres of industrial, but as of this date no industrial; 857 single family dwelling units with a density of 4.4 d.u./acre, which has been in- creased to 985 units with a lower density 3.8 d.u./acre; 288 multiple units with overall density of 12.8 per acre which has increased to 306 units with the lower density of 11.5 per acre. The park dedi- cation initially required was 10 acres, but with the upgrading it will be about 12.6. The initial development proposed 206 acres of RL-6 which has not been reduced to 178 acres of RL-6, with the addi- tion of RS-3 for 61 acres. The commercial and apartments were al- ways proposed, but they have been upgraded and density reduced. Mr. Musso responded that he had computed an overall density of 4.53 presently as compared to 4.8 for original plans. Mayor Silva stated letters had been received from Mr. Roger N. Everett, 572 Hazel Street; P. D. Gildea, 5333 Sandra Way; and S.L. and Elizabeth Smith, 5351 Sandra Way, the latter being in favor of the extension. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to close the public hearing, and the motion was approved unanimously. Councilman Beebe asked if there were any commitments made in Septem- ber or January when the PUD was extended and amended by the Council. Mayor Silva replied that at this time it was felt construction could be begun in this one year period, but the applicant has not done so at this time. The previous Council probably would have extended it at that time for a longer period, but the applicant thought the year was sufficient. Councilman Miller pointed out this permit has been renewed several times amid controversy to terminate the permit. There had been comments all along that it was not guaranteed the permit would be renewed. One of the issues involved had been the park dedication, but at the present time this dedication has been agreed upon. The Council discussed the projected density of 11.5 for the apart- ments, and Mr. Varni pointed, out this included the duplexes already built and the apartments to be constructed. Councilman Pritchard asked if the applicant agreed to the conditions given by the City staff for the extension, and Mr. Varni replied they did. Mayor Silva asked Mr. Varni if the one year would be sufficient. Mr. Varni stated that one of the conditions is that the commercial development begin in one year and they felt construction would be commenced in one year, but would not be completed. Mr. Musso explained that the condition regarding the additional park dedication was actually a modification of the annexation agreement; it did not apply to Kaufman & Broad as they did not own the land to be dedicated. Mr. Varni stated that they would be paying for it each time they took out a building permit. The City Attorney stated that his interpretation of the condition is that it pertained to land or fees. The proposed park is to the rear of the area they are developing. CM-23-160 Mayor Silva pointed out the applicant had agreed to pay in lieu monies for the park dedication. August 17, 1970 (PUD No.3 - PH) Councilman Miller discussed the General Plan history for this area. Presently, the density is 4.53 which is 2 d.u./acre over the original General Plan density; the present density indicated by the General Plan is 4.0 d.u./acre. The number of dwelling units will be 1287 overall, but the General Plan indicates 1135 dwelling units. This permit applies to 8-year old standards abandoned by the City in 1964. He felt the time had come to end this permit; residents are opposed to extension of this permit. The major issues involved in this permit are General Plan den- sities and present residential zoning requirements. He felt this permit should be allowed to expire, and then this area should be rezoned RS-3 for single family and RG-IO for multiple, thus reducing density to 4.2 d.u./acre. Councilman Pritchard stated that the RS ordinance referred to by Councilman Miller was passed by a previous Council and has been submitted for study and possible changes. He did not be- lieve this Council has to agree with previous Council decisions; there are other opinions by residents of this area. The opinion expressed by Councilman Miller that the majority of the residents are against the development does not necessarily mean that is fact. The Council does not necessarily have to go by the RS ordinance as it is now. Councilman Taylor stated that whether the RS ordinance is changed or not does not affect the fact that if RS standards are required, or whatever is required when the houses are built, will be those met by the developer. Councilman Taylor voted against extension of this permit last year because of general overall changes along East Avenue, in particular when the piece across East Avenue was planned for residential development. Now, however, the owner of this property has placed the land under the Williamson Act for agricultural use for a number of years. He believed RS stand- ards should be applied to the permit as a condition of renewal. As for the proposal to let the permit expire, Councilman Taylor asked Mr. Varni what their plans would be in regard to construc- tion of the apartments. Mr. Varni replied that economically they needed to develop at RG-16, with half of the apartments to be built now and half next year. If the permit expires on Sept. 30, they will have to stop the project and give the property back to the prior landowner or else proceed with all the units now. Councilman Taylor stated the streets have been redesigned for the commercial and multiple development, and did not feel it to be in the best interest of the City to force construction of the apartment complex and have vacant apartments there. Matters have gone too far with this PUD to let it expire and let it re- vert to something like RS-5. However, he did feel that the permit should be not allowed to be extended with RL standards. He proposed that this change be made; he agreed with the Planning Commission recommendation on other points. Councilman Beebe said he had heard from several homeowners that they wished to see this go back to the townhouse density rather than apartments. Mr. Varni stated that it would involve too much time and additional expense to revert to the townhouse pro- posal. At the May meeting it was discussed and stated by the previous Council, with Councilman Miller objecting, that in approving Tract 3064 it was the intention of the Council to main- tain the underlying zoning for at least the life of the tentative map. He asked that the Council stand by that representation and maintain the RL zoning. Model homes have been built at a cost in excess of $100,000 to meet RL-6 zoning and a change in zoning would require that new models be designed and built. RS-23-161 August 17, 1970 (PH - PUD NO.3) Councilman Prichard felt it was to the best inter- est of the people in Wagoner Farms to develop the area so that parks, shopping center and schools c8uld be built. Denial of the extension would be a disservice to people of the area. Councilman Taylor pointed out that there is a final map so the models will apply to this development. Councilman Beebe inquired if the change to RS zoning would change the number of units since the lots would have to be larger. Mr. Musso replied that the number of units lost by RS zoning require- ments could be placed elsewhere, through use of zero lot lines or cluster development. Mr. Varni stated that maps have been approved for all but 43 lots and this map is in the process of being prepared to comply with dis- cussion of last May; that final maps must be on record by expiration of tentative map. Councilman Taylor made a motion that PUD No. 3 be extended for one year allowing the same number of dwelling units recommended by the Planning Commission but that the single family standards be changed to RS-3 for the remainder of the development exclusive of the final map discussed by Mr. Musso (Tract 3239). The motion was seconded by Councilman Miller. Mr. Musso pointed out that, in essence, this had already been done, and Councilman Taylor stated that what he had in mind was to apply RS-3 standards on all land on which a final map has not been sub- mitted which allows construction of the apartment complex, commer- cial complex as permitted by the previous Council and only allows for change from RL to RS. He further stated they have only applied that on many similar situations in other parts of town and the de- veloper is being treated exactly like everyone else has been, and so moved. Councilman Miller sec8nded the motion. Councilman Pritchard called for the question, and the motion failed by the fOllowing vote: AYES: NOES: Councilmen Miller and Taylor Councilmen Beebe, Pritchard and Mayor Silva Councilman Miller commented on the RS Zoning, stating that it was adopted with overwhelming public support and the only opposition that occurred was from real estate men, developers and their re- presentatives and the Chamber of Cummerce, but citizens of Liver- more overwhelmingly supported the RS Ordinance and he believed the Council should be sympathetic to the wishes of the majority of the public now as the Council was at that time. The object was to avoid problems they would see next week because of trailers, lack of yards, etc. He urged the Council to keep the reasons for an RS Zoning Ordinance in mind as they consider future tracts. Mayor Silva stated he was sure they would, but pointed out that the statement regarding majority of the citizens overwhelmingly in support of the RS Ordinance was only Councilman Miller's opinion as that has never been established. As for the Chamber, he did not know whether or not they supported it, but they, too, were citizens of the community. Councilman Pritchard objected to the inference that the other three members of the Council were not acting in the best interest of the citizens of this community. Councilman Pritchard made a motion to extend the PUD for the addi- tional year with the conditions imposed by the staff, and this motion was stated to mean, by Mayor Silva, that staff recommendation and also Planning Commission recommendation outside of the standards of RL and RS which was a 2-2 vote. CM-23-162 Councilman Beebe questioned if the only differ- 4 ence in this motion and that made by Councilman Taylor was the 39 lots, which was verified by Mayor Silva in that the lots in question would be RL standards. The motion was thereby seconded by August 17, 1970 ( PH- PUD No.3) developed under Councilman Beebe. Councilman Miller offered some amendments to the motion for approval of the Council: (1) that the permit make explicit what the developers have agreed to, namely, the 2 acres per hundred on the multiple and the rest of the single family in this permit should be specifically worded so that there is no misunderstanding; (2) do as they are doing in the Carlton area, and that is to reserve a school site with the same kind of terms, i.e., until the last house is built or until 1975 whichever comes later so they can avoid the problems they have in the west part of town. The Council agreed to the the amendments, and they were seconded by Councilman Pritchard. Mr. Musso pointed out that the staff considered the school site the last time they revised the map, and at that time they almost suggested moving the school site onto one of the adjacent pro- perties, either to themst or west, for design reasons mainly and also the probability that this development would be com- pleted before the second school is acquired. Councilman Miller stated that the permit applied to all proper- ties in this area and felt that something could be worked out at the staff level so it could be equivalent to Carlton and not cause the problems they had in the Elliott tract. However, Mr. Musso stated they do not have an equivalent situation, but Coun- cilman Miller insisted that before approval, they must have some protection for a school site. Mr. Varni stated that the School District has already purchased the school site, but it was pointed out that the school site is not on this property, but on the property in the back, and Mr. Lewis, City Attorney, stated he would prefer that the other pro- perty owner be present in regard to the condition suggested by Councilman Miller. Councilman Miller stated that, in fact, the extension of the permit requires the concurrence of the other property owners, to which Mr. Lewis replied they have amended permits in the past without all of the property owners being present, but had stated his preference in the matter. Mr. Lewis further stated it is safer to have the property owners represented and consenting to that kind of requirement and anti- cipated they would be successful if they did amend the permit, but would say this with a great deal of reservation because the point of law is not very clear. In reply to Mayor Silva's question of whether or not that portion could be amended at a later date, Mr. Lewis stated it will obviously have to, as that property is not developing and this permit is being extended for one year, so as a practical matter, it will come before the Council at some later date. Mayor Silva stated he could not see tying these owners to the whims of another owner, but Councilman Miller again ~ated his concern about the school site, and asked the staff to find a mechanism to do it. Mr. Musso stated that the rear of that subdivision could be deleted and it would not make any difference except the school site, because it is under RS-3 Zoning regula- tions no matter how it is done - by zoning or planned unit de- velopment. CM-23-163 August 17, 1970 (PH-PUD No.3) Mayor Silva stated it would be done then at a later date and asked Councilman Miller if he wished to withdraw his amendment to the motion, however Coun- cilman Miller stated he wished to have an explicit statement from the staff that it is not necessary to reserve a school site in this PUD. Mr. Musso replied that the school site here is not the critical situation they had on Elliott's property nor in Carlton as they have two other alternatives - east or west, particularly west in this case. Councilman Miller stated that assuming this is correct, he would abandon this point. Mr. Lewis pointed out that this was also zoned RS-3 which creates a certain density pattern, and as long as a per- mit is maintained, in the planned unit, the density will remain. If the zoning reverts, the area which is presently RS-3, would stand, but there would be open areas, and this must be understood. In other words, there would be an area which would not be zoned, which is presently under this permit, reserved for school and park. Councilman Miller then continued that the other points are that Charlotte Way be conditioned to be finished before occupancy of the houses now under construction be provided as Mr. Varni said they w8uld do, but it helps to have it in writing in the permit. Councilman Taylor stated this was bonded for in the final map, how- ever, Councilman Miller stated if you had to go through a bonding company, it is two years before you get through the courts and you still do not have a street, so therefore the condition of the permit should condition Charlotte Way. Mr. Varni suggested that to have a more definitive position, it could be stated that they will have this done by October 1, 1970, and would agree to this condition. Councilman Pritchard agreed to the second on this motion. Councilman Miller stated the other thing is to maintain the bicycle trail which the Council approved on the front portion of this permit in connection with the record of survey split. Councilman Pritchard felt this was redundant, as this was already in, however, after discussion this was included as the property could be sold. A vote was then taken on the amendments which were that two acres per hundred units would be for park dedication either in land or in lieu fees; that Charlotte Way would be completed as of October 1, 1970, and the maintenance of bicycle trails, and the motion passed unanimously. The main motion to approve the PUD for one year with the previous amendments to be added to the permit was then voted on ?nd passed by the following vote: AYES: NOES: Councilmen Pritchard, Beebe and Mayor Silva Councilman Miller and Taylor Councilman Miller asked that before the actual signing of the permit the Council be given a copy of the final text to examine. Councilman Taylor stated that he may be voting on this for a differ- ent reason than Councilman Miller, and as far as this developer, stated he did not see any evidence he was trying to "pull a fast one" as the streets are bonded for and development is progressing and saw no reason to be so suspicious in this particular case. CM-23-164 August 17, 1970 Councilman Pritchard stated he felt the five Councilmen were all in agreement on the exten- sion of the PUD, but the difference was on the RS-3 and RL-6 and RG zoning. ( PH- PUD No.3) * * * The public hearing on the extension of the commencement date to March 2, 1971 for Planned Unit Development No. 15 (Carlton Development Company) had been postponed from the original date of June 29, July 13 and 27 to the present PUBLIC HEARING RE EXTENSION PUD #15 (Carlton Dev. Co.) date. Mayor Silva stated there was a motion on the table which he would like to have taken off and read at this time, and the motion as reflected on page CM-23-103 of the Council minutes was read by Councilman Miller. Councilman Miller further stated they had agreed to the condition of a reservation for the school site in E.l -For Public Facilities, as follows, "The school location set forth in Exhibit "B_1" indi- cates an area, consisting of 10.0 acres, generally suitable for the location of an elementary school and shall be reserved for acquisition by the Livermore Unified School District until all single-family lots in the subdivision have been improved by the construction of a dwelling thereon and sold to purchasers, or unt il August 1, 1975, whichever date later occurs II . Councilman Miller further stated there was on condition still to resolve which was the additional park dedication to coincide with the City's policy which was two acres per hundred homes. This required a change in the wording of E-2 to allow for the addition of another 1.55 acre dedication or payment of fees in lieu thereof whichever the Council should decide upon. Mayor Silva stated there was a problem in that park dedication and in lieu fees have to go with the same general area and he could not see requiring this applicant to change his maps, and all of his proposals and plans to accommodate 1.55 acres, so he would be willing to take the in lieu fees, but felt the fees could be used in the same general area also and asked if it could legally apply. Mr. Lewis replied that the 5-acre parksite was in the same planning unit and did not think there would be any trouble in this regard, and the fees are going to be collected in the same general area as existing sites, and should be applied in the same planning unit according to the subdivision ordinance, and there is another park where they could increase the acres by the in lieu fees. Councilman Miller stated there were two alternatives, either one of which they could adopt; first, would be to take an acre and a half out of the subdivision and transfer the six dwelling units which were involved over to the multiple section so the developer would not lose any density and add an acre and a half to this 5.3 acre park; second, is to take the in lieu fees and buy acreage elsewhere in the general area. Mr. Musso stated that this area does show a parksite larger than this developer was required to dedicate, and there will be addi- tional money accrued to purchase more land. Councilman Miller stated that it was his intent that the new standards would apply which would require another 1.55 acres. Councilman Taylor stated that the only additional thing they were imposing by this condition was reservation of the school site and the new park dedication, and he agreed to second this change. CM-23-165 August 17, 1970 (PH-Extension PUD No. 15) Mr. Lewis suggested it would be a wise precaution to hear from the applicant on an extension condi- tioned in this way. Mayor Silva referred the matter to the Planning Director for any comments at this time, and Mr. Musso stated there is no cause to amend the design with the exception of the land; the whole develop- ment is under a tentative map and the dates do correspond, and the Planning Commission recommended approval of the PUD permit to in- clude the extension of the commencement date and completion date, and the plan is essentially the same as has been existing. Mayor Silva stated that the public hearing was officially opened at this time. Mr. Keith Fraser, representing Carlton Development Company, stated that the Council will recall several years ago when he represented the company after they tried for a regional shopping center and came in with the 10-acre commercial site, it was their intention at that time and their commitment to the people in the area that they would provide not only a school site and park site, but try to do a good job in trying to provide a first class 10-acre com- mercial site. With the tight money and all the other arguments that other developers have brought before the Council, they have not been able to find a major tenant for the commercial site or tenants for the rest of the commercial complex and, therefore, they have been coming before the Council and asking for continuances, which the Quncil has granted. They would like to have the permit extended again, and that is why they have asked for the extension and appeared before the Planning Commiss.ion. Mr. Fraser stated that he would ask that the matter be continued for 60 days as he believed the proposed corrections brought up by Councilman Miller at the Council meeting several weeks ago have to be studied by his client. If the park dedication ordinance is in effect and the Council is requiring this of other developers prior to the adoption of the ordinance, perhaps his client would go along with it, but as to the condition for reservation of the school site, they felt it is very unreasonable and unwise for the citizens of Carlton Square Development as it puts the burden on the developer as well as doing a disservice to the citizens in that area. In the first place the reservation is improper, or illegal, and felt that the City Attorney had advised that when they discussed the matter, he put reservations on it. When the matter came up at the first public hearing this evening, the City Attorney stated there were reservations about the legalities. Mr. Fraser further stated that if the Council did extend the permit for one year and reserve the school site for five years or until the last house is built, it would mean that the school district would realize they have a school site and if money is tight they will buy the school site they need in other developments because they will know they have this reserved until the last house in Carlton is developed, and it could be eight to ten years from now. He felt it would be longer before people get a school on that site if the site is reserved and the School Dis- trict realizes they do not have to acquire it in order to get it right now. The Council discussed the requested continuance, whether or not it should be for this long a period of time, the possibility of an eventual 10 month extension which would be, finally, the one year time extension originally requested. Councilman Pritchard asked that the City Attorney repeat his re- servations about the legalities, and Mr. Lewis stated they are: In imposing a condition of reservation or other conditions in a PUD, without the consent of the party owning the land or subject to the condition, felt it was cured in this case and the Council and City much better protected if they take the position the ex- tension is a matter of right, up to the City, and if the developer wants the extension, he indicates his consent to the conditions imposed by the Council. If it is felt that these are burdensome CM-23-166 August 17, 1970 and improper, and it is the owner's right to feel that way, then of course, he does not have to consent, and the City does not have to grant the extension. The procedure then starts allover again, and the owner must come in and apply and obtain new zoning, and this is the position the Council is in in this particular case. (PH-Extension PUD No. 15) Councilman Pritchard asked Mr. Lewis what his recommendation would be to which he replied that if Mr. Fraser has to talk to his client about their position, and it is a major decision, he felt the Council would be reasonable in granting some time to do so, whether it be 60 days or whatever the Council would set. Mr. Fraser stated that if they were given a 60-day c8ntinuance, they would agree to a 10-month extension. In reply to a question as to the reason for a 60-day continuance, Mr. Fraser stated that Mr. Overaa was ill, and had been ill at the previous meeting. Councilman Miller stated he did not want t8 see a final appear in 60 days and made a motion that the Council would agree to extend the permit under the conditions they essentially agreed upon subject to the consent of the applicant before the end of 30 days, whether Mr. Overaa is ill or not, as the attorney could reach him to make decisions. There followed some discussion with regard to the final map, and Mr. Lewis stated that the law is that, ordinarily if a final is filed within the period of time required by law, the period after the approval of the tentative map, and it is in compliance with the tentative, they have a right to file it. If the Council is worried about the final coming in during the period of the exten- sion, the extension can be conditioned that there shall be no final map filed during this period of time. Councilman Miller made a motion to condition the extension of the permit to include the conditions as a motion to receive the consent of the applicant within 60 days and a further condition that no final map shall be submitted during this 60-day time period. Mayor Silva thought the motion would reflect they would allow a continuance of the permit for a period of 60 days disregarding the conditions of the motion. Councilman Miller agreed, but added it was his intent that the conditions of the motion they had agreed to be consented to by the applicant within the 60 days. Mr. Fraser stated he could not see how this could be done as that is what they are requesting: that if they can work something out, they can come back and talk to the Council about it. Mr. Musso stated that the intent was to extend, as well as con- tinue, the permit. Mayor Silva asked for a second to the motion; however, Councilman Taylor stated he did not understand the motion and stated that the Council's intent is to allow the development to go ahead as planned with the new park dedication and there is a concern ab8ut the school site which is understandable; further, he did not want to have the permit expire or to make it impossible to market the commercial part of the property as it is in the best interest of the City. If there is a conditional approval, it means that everything stops for 60 days as far as trying to get a commercial client is concerned. Councilman Taylor made a motion that the item will be continued for 60 days, the PUD has been extended for a like period, subject CM-23-167 August 17, 1970 (PH- Extension PUD #15) to the condition that no final map be submitted during this period, and this motion was seconded by Councilman Pritchard, and the applicant consented through Mr. Fraser to this continuance, and the motion passed unanimously. * * * RECESS AFTER A SHORT RECESS THE MEETING WAS CALLED BACK TO ORDER WITH ALL PRESENT. * * * A draft of a proposed ordinance regarding design re- view was adopted by the Planning Commission on Jan- uary 20, 1970, and was considered by the Council at its meeting of June 22, 1970. The matter was set for public hearing at that time. The earlier draft has been revised to reflect the thinking of the Plan- ning Commission, the City Attorney, the Planning Director, the ori- ginal committee which compiled the draft, as well as the inputs of the Chamber of Commerce and the Beautification Committee. The ordi- nance essentially sets up a design review committee and a staff re- view board to review various aspects of building modifications. There is some disagreement as to whether there should be a staff review board, consisting of employess of the City available at a given place eight hours a day, which would be delegated certain responsibilities in administering this ordinance, or whether all the responsibilities should be in the hands of a design review com- mittee. ~LJu tLE plo.i8i<3L8 <3f tLa 18Vi~l!lj :h:rlf't: th: j::c.l;E':;1"l '--lTirilJ ::;;;1;;6: :~~ '~ c~:'"~~; :~ ~ ~~~;~'::t~~:; ,:,; t:: e:;:?ihg ~'" ~; t.l~ ~t. 1 ~~1'\t. +:J.l~~~ T'l.'\rmi l"\g n:'l1'l'l1'l'li fl:'li anc:rR Afl 1'l'Ir.1'l'Ihr.rG<. ~tvc ~. Earl Mason, president of the Chamber of Commerce, acknowledged the time and effort spent on this proposed ordinance. The Chamber of Commerce has studied the proposed ordinance in depth, and it is the decision of the Board that it is not in the best interest of Liver- more to have a design review ordinance. Four members of the Chamber addressed the Council relative to their reasons for objecting to this proposed ordinance. PUBLIC HEAR- ING PROPOSED DESIGN REVIEW ORDINANCE Ed Hutka, 1019 Angelica, stated that even though there are some good points that, overall, the ordinance would create a burden in trying to get more industry since such detail has to be prepared about minor aspects of the design and appearance of the buildings. This is an area that would only create considerable expense to the City because of time involved. Mr. Hutka did not believe the ordinance was the best approach to industry. Ralph Hoffman, 1657 Third Street, director of the Chamber, stated the City already has ordinances and building codes for contractors and builders to follow; it is not in the best interest of the City to pass this ordinance. He believed that a directive could be given to the City Manager by the Council with policies and standards so that a builder could go to the Building Department and Planning Di- rector with plans for inspection. The staff is capable of reviewing plans and specifications if policy is set up; therefore, he did not see the necessity for a design review committee. Bill Bozzini, 562 Escondido Circle, chairman of the Industrial Com- mittee of the Chamber of Commerce, stated he spoke as a voter, tax- payer and citizen of Livermore. He said he was opposed to the proposed ordinance as it is not necessary and would be a hindrance to proposed growth in Livermore. There are many regulations at the present time without adding to the list. Construction requires financing, and finance institutions require design review before granting funds. For the good of Livermore he asked that this ordi- nance not be passed. CM-23-168 August 17, 1970 Lloyd Vietmeier, 1550 DeSoto Way, stated a re- cent survey of the Chamber indicated this pro- posed ordinance was too restrictive and would make the City blend into a sterile mass. He believed that people should be allowed to express design and use of their property, and was totally the ordinance. (Design Review Ordinance) themselves by opposed to Mr. Mason, in summary, stated the Chamber of Commerce does oppose the proposed ordinance and requests that it be dropped and asks that the Council instruct the staff to process the building per- mits under the requirements of the present building ordinances and that the present design review committee be dissolved. There should be a check list drawn up so that builders and industry com- ing into town would know what steps to follow and items of infor- mation necessary to process a building permit. Also in the past the Council and the Planning Commission have acted as design re- view committees in some cases; some uses need to be reviewed carefully, but all new construction should not be tied down with a design review ordinance. In response to Councilman Taylor's question as to specific objec- tion of the present design review committee, Mr. Mason replied that the policy they followed in review was not definitive as to guide- lines and personal judgment had to be used. Present ordinances control those items that need control. Discussion followed regarding the manner in which design review is made by the committee. It was suggested that general guidelines would help the staff to work out the design review with applicants. Mr. Mason stated that the only reason the Chamber ever felt that a design review ordinance was needed Was to relieve the Council and the Planning Commission of the work and time involved in de- ciding on such matters as color or style of buildings. Paul Tull, 2243 Linden Avenue, stated he agreed with the Chamber that this ordinance is so ambiguous that it cannot be interpreted. Mr. Tull read a statement written by Mr. Elba Leonard outlining objections to various portions of the proposed ordinance. Walter Davies, 791 McLeod Street, stated he owned a small business in Livermore. He felt the basic issue involved and the intent of the writers of the proposed ordinance was to make Livermore a more pleasant place in which to live and work. The proposed ordinance allows design review to become a proper and legal staff function. Jack Phillips, 551 North P Street, did not feel a staff member should be able to deny a permit on the basis of color, as in the case of Kentucky Fried Chicken. He felt industry would locate elsewhere rather than go through design review. Katie Richardson, 510 Junction Avenue, spoke against additional taxes and government control, and this ordinance would make fur- ther inroads into individual private affairs. She felt it was time the Council started to say no to some of these matters re- lating to government control and taxes. Lorraine Raison, 5244 Kathy Way, stated many cities have design review boards and yet attract industries that are attractive. She felt the town needed better businesses and attractive build- ings, and indicated she favored design review ordinance. Robert Schaefer, 785 Wall Street, felt new business comes for one reason - profit - and design review would not keep them from locating here. A nonresident franchise owner should not be allowed to decide the Livermore image. He had inspected various fran- chise restaurants in several cities, and the idea of abandoning control was ridiculous. CM-23-169 August 17, 1970 (Design Review Ordinance) Gordon Smith, 5262 Irene Way, told the Council he did not know the details of the proposed ordinance but felt the ordinance might be tried for a year or so. Dorothy Barnett, 474 Hillcrest, supported the design review ordi- nance. Janet Read, 475 Malibu Court, also supported the ordinance because the future of Livermore will be determined now. A simple list of rules or regulations would not accomplish anything but a committee could be a positive force. She felt businesses already located here should be protected, and that the Chamber should not lobby against or for any legislation as long as they receive tax subsidy. Chris Gatrousis, 5179 Diane Lane, chairman of the Beautification Committee, told the Council he was representing the Committee which had endorsed a similar design review ordinance. The Beautification Committee still felt such an ordinance was needed; upgrading the City will bring in industry and commerce. Joe Sladky, 1073 Xavier Way, was concerned about the design control of industrial areas under the proposed ordinance. He felt the de- sign review committee was usable in commercial areas but not neces- sarily so in industrial areas where certain work must be done outside and appearance is not an important factor. He did not feel indus- trial and commercial review should be grouped together. Dean Davis, 708 Los Alamos, a member of the Board of the Chamber of Commerce, felt it unfair that the Beautification Committee be represented as being in favor of the ordinance as he personally knew four members who felt the proposed ordinance was too restrictive. He felt the restrictions were more than necessary and setting guide- lines would serve in accomplishing necessary control. Perry Harabadian, 4262 Drake Way, stated he was one of the original members of the design review committee. He had hoped that this type of ordinance would be workable, but as changes were made it seemed more and more that such restrictions could not work. Also he felt that residential should not be included. Norman Warnow, realtor located in Pleasanton, felt developers, real- tors, and the Chamber of Commerce had helped to build Livermore and did not do it for themselves. After developers spend thousands of dollars with engineers and architects to design a building or area, they do not appreciate lay people on the Planning Commission telling them the design is no good; this is one of the reasons industry does not want to locate here. Councilman Pritchard made a motion, seconded by Councilman Beebe, to close the public hearing and it was approved unanimously. A motion to continue the discussion on the design review ordinance for one week was made by Councilman Beebe but was not seconded. Councilman Pritchard concurred with Mrs. Read that the Chamber should not lobby on pending legislation, but he had spent an evening with the Beautification Committee during which they lobbied for the ordinance. He pointed out there are several beautiful build- ings which had been built without the design review ordinance. There may be instances where design review would have aided but, overall, it is not worth the time and effort. Councilman Taylor stated he disagreed with several points in the ordinance, and he appreciated many of the fears the Chamber had expressed. He indicated his feeling that the ordinance should have nothing to do with residential dwellings and that perhaps multiples could also be eliminated. Councilman Taylor went on to recall some of the reasons which brought about the design review ordinance, and felt as a Councilman he would like to have some CM-23-170 August 17, 1970 advice when a decision on design is necessary, as many of the landowners are very concerned. He did feel that the staff had done a good job, and at least he felt they should continue with the staff in their present design review capacity. There be some guidelines established, possibly by a committee. (Design Review Ordinance) should Councilman Beebe commented that he understood thoroughly the Chamber's position; he also sympathized with several of the speakers that there must be some guidelines, and as a Council- man did not wish to go through design review as it took too much of their time. He felt it might be well to withhold the ordinance and have some kind of committee to establish a guide rule the staff could use. With regard to service stations, there are several designs, depending upon the area, and he felt Livermore was entitled to one of the better designs. Councilman Miller stated that one of the reasons the ordinance had its beginning was to get the Council out of design review and to obtain the best design possible and attempt to upgrade the quality of buildings in the City as a whole. The principle idea of the ordinance was to have a committee of professionals to smooth the way as it would have all the advantages of getting the job done. Many cities have design review, particularly the high quality and progressive cities, and they have worked very hard to upgrade their community. Responsible, large commercial and industrial developers use the motto, "Good appearance is good business"; they expect and insist on design review to protect them and their property values. Councilman Miller continued it was regretable that the people who should be the leaders of the business community take such a shortsighted view. Chamber of Commerce in communities such as Palm Springs and Monterey do not take such a view, but support things like this which improve the quality of their com- munity. The Council's attempts to upgrade the City get a very negative view from the Chamber. There is an argument that this ordinance is just another ordinance to increase regulations, but it is a means to protect property value. Ordinances like these are not anti-business as most progressive businesses appreciate and ask for design review. Decisions the Council makes in times like this affect what the City is going to be like in years to come, and if they make decisions to upgrade the City now, we will have a City people will point to like Carmel and Monterey. He felt it could be done by just such an ordinance, and if they did have professionals many fears of the Chamber would be allayed. Councilman Pritchard stated that this Council and previous Councils have been so busy protecting people's rights and values that the people owning the property can no longer do anything. Councilman Taylor commented that it was quite unfair to blame the ills of the City on an "unprogressive'! Chamber, as he can understand their fears, and his disagreement with them is in observing some specific cases. Councilman Miller stated he, too, appreciated some of the concerns of the Chamber of Commerce and some of their objections he would not accept in the present ordinance, but the blind opposition is the thing that bothered him. Earl Mason commented that they had asked for a study session on this particular subject, but were turned down. Mayor Silva made the statement that, in his opinion, what the staff has been doing during the past year has been correct as in all the applications reviewed there was only one appeal to the Council and on that appeal they agreed with the staff, so he was satisfied with the way they have been functioning. He did not want a design review ordinance and would like to continue with the present setup, but felt there should be some type of CM-23-171 August 17, 1970 (Design Review policy, statement or ordinance to this effect. As Ordinance) far as guidelines set up by a committee, he would rather see the staff come up with some guidelines they feel are necessary to continue functioning as they have been. Mayor Silva summarized the concensus of the Council as indicated by their comments and suggested a motion that the Council approve the formation of a design review board com- posed of the staff members as presently established, with the guidelines to be formulated by a citizens committee made up of three members selected by the Council in executive session, working with the present staff members on these guidelines and the guide- lines will be referred to the Council for final approval or some sort of ordinance. Councilman Taylor agreed with the wording of the motion and so moved, seconded by Councilman Beebe, and the motion passed 4 to 1 with Councilman Pritchard dissenting. 'Laws re Hitch-hiking Concannon Blvd Route Study Water Recla- mation Plant Expansion Communication re Arts Festival Resolution re Petition to BART Report re Quarry Application * * * CONSENT CALENDAR The report from the City Attorney and Police Chief re present laws regarding hitch-hiking was removed from the consent calendar for discussion at a later meeting. * * * A report from the Public Works Director re modifica- tion of agreement with Alameda County concerning the intersection of Mines Road and Livermore Avenue was removed from the consent calendar for discussion at the meeting of August 24. * * * A report was submitted by the Public Works Director re the water reclamation plant expansion plans. * * * A communication was received from the Livermore Art Association re its decision not to participate in the Arts Festival. Mayor Silva requested that this item be removed from the consent calendar for dis- cussion at the next meeting and report from the Council's representative, Councilman Miller. *. * * A copy of a resolution passed by the Board of Super- visors re petition to the BART District to authorize funds to study prospective rapid transit rail align- ments and future public station locations as a part of the Valley Study was received. * * * A report was received from the Planning Director advising the Board of Supervisors will hold a public hearing on September 3 to extend the permit for quarry operations located at the northerly extension of Dagnino Road. This quarry has been used inter- mittently over the past several years. The estimated amount the , quarry is expected to yield is approximately 50,000 yards per year. The routing for hauls would be, by virtue of the County permit, North Livermore Avenue to the proposed freeway interchange. CM-23-172 * * * A quitclaim was already made by the City, quit- claiming a storm drain easement to Christopher Land Co., however due to a minor technicality in wording the Title Company requests a slight change which is agreeable to the staff who re- commend that a resolution be adopted. RESOLUTION NO. 114-70 August 17, 1970 Storm Drain Easement (Christo- pher Land Co.) RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED (Christopher Land Company) * * * Departmental reports were received from the following: Airport - financial and activity - July Building Department - July Fire Department - June Golf Course - July Water Reclamation Plant - annual report for 1969 It was noted by Mayor Silva that a profit of $60.00 was reported by the Golf Course. * * * Seventy-eight claims in the amount of $21,880.51 and two hundred forty-nine payroll warrants in the amount of $78,535.67, dated August 13, 1970 were received and ordered paid as approved by the City Manager. Mayor Silva abstained from vote on Warrant No. 8151, for his usual reasons. * * * On motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote of the Council, the Consent Calendar was approved. * * * Departmental Reports Payroll and Claims Approval of Consent Calendar CUP-2660 3rd st. (R.L.DeWitt) A Conditional Use Permit to allow a conditional commercial use within an existing structure (automobile service establishment) at 2660 Third street has been requested by Richard L. DeWitt. The Planning Commission recommended that the application be approved subject to the conditions listed in their Resolution No. 22-70. On motion of Councilman Taylor, seconded by Council- man Miller, the Planning Commission recommendation for approval of the CUP was adopted by unanimous approval. * * * Mr. Musso explained that the request for a Conditional Use Permit to allow expansion of an existing structure at 1931 First Street by Mario Pedrozzi (Wahamaki & Corey) was princi- pally for a tire sales and installation facility. discussion whether this use should be approved for CUP-1931 1st st. (Mario Pedrozzi) There was some the area. Councilman Miller made a motion to adopt the recommendation of the Planning Commission for approval subject to the conditions given in their Resolution No. 23-70 with the following amendments to those conditions: CM-23-173 August 17, 1970 (CUP-Pedrozzi) 1. Item A.3 - (add) All presently non-conforming signs to be removed llbefore issuance of a building permit." 2. Item A-13 (add) gasoline sales to uses not approved. The motion was seconded by Councilman Taylor and approved unanimously. * * * REZONING A-20 to PD (Associated Professions) A rezoning application from A-20 to PD District has been submitted by Associated Professions, Inc. for property located on the south side of U.S. 580, easterly of Airway Boulevard. It is anticipated that a PUD will also be requested for this property; therefore, a public hearing was tentatively scheduled for September 8 or whenever the PUD application is ready for presentation to the Council. TENTATIVE MAP TRACT 3239 (Wagoner Farms) STUDY COMMITTEE RE CLUSTER DE- VELOPMENT ORDINANCE * * * A request has been made that consideration of tentative map of Tract 3239 be continued until August 24. A motion was made by Councilman Prit- chard, seconded by Councilman Miller, to continue this item until August 24, and passed unanimously. * * * A request has been made by the Planning Commission for a study committee composed of two members of the City Council and two from the Planning Commis- sion to study the Cluster Development ordinance. Several details regarding definition and proposed requirements for townhouse and cluster housing have not yet been worked out. Councilman Beebe and Taylor were asked to meet with the Planning Commissioners at a mutually agree- able time to aid in preparation of the proposed ordinance. MINUTES PLANNING COMMISSION REPORT RE COMMERCIAL DEVELOPMENT AIRWAY BLVD. REPORT RE CAPITAL IMPROVEMENT BUDGET REPORT RE DIRECTLY ELECTED MAYOR * * * Minutes of the Planning Commission meeting of August 11, 1970 were acknowledged by the Council. * * * Consideration of the report from the City Manager re proposed commercial development for the Airway Boule- vard property was continued until September 8, 1970. * * * A report was submitted by the City Manager regarding the capital improvement budget. This matter will be discussed at the meeting of September 28, 1970. * * * A report from the City Manager regarding a directly elected Mayor was submitted to the Council on August 3rd and continued to this date. Notice has been re- ceived from the County Clerk's office that August 25, is the final date for submittal of a request to con- solidate a local item on the general election ballot in November. In view of the shortness of time in which to discuss this matter, the Council felt that this matter should be delayed and not placed on the ballot at this time. Further discussion was continued until November. CM-23-174 * * * August 17, 1970 A report has been prepared by the City Manager regarding mobile home park comparison study in anticipation of scheduled agenda items. REPORT RE MOBILE HOME PARK STUDY Al Harrison, 4091 Colgate Way, spoke in regard to mobile home parks. He felt opposition to mobile homes was due to their effect on surrounding properties, transient character of residents, and the smaller tax base from mobile homes. He did not feel that a large number of housing units that do not pay their fair share to community support should be allowed. He urged the Council to deny all mobile home parks. The City Attorney pointed out that decisions in such zoning matters cannot be based on tax advantages or disadvantages as the sole consideration. Clarence Hoenig, 588 Tyler, suggested extension of the City Manager's report with a larger child factor and also use of Sun Valley Mobile Estates (an existing mobile home park) as an ex- ample of revenue generated to the City rather than the examples used. Councilman Miller suggested that other public jurisdictions such as the LARPD, Zone 7 and Junior College District be contacted for comments regarding the City Manager's report and how mobile home parks will affect their respective districts. Councilman Miller also felt that discussion on any application regarding trailer parks should be continued until after the Council has the opportunity to discuss this report and trailer and mobile home parks in detail and can reach a decision as to whether they should be allowed. Intermark's application for a mobile home park is set for public hearing August 24. Discussion followed as to whether mobile home parks should be allowed; and if they are not allowed, on what basis could they be denied. The City Attorney stated there must be considerations other than tax contributions used to determine if mobile home park applica- tions are approved or denied. Mayor Silva felt that denying or approving the use on the basis of whether mobile homes pay their way was too restrictive and un- democratic. Councilman Taylor felt the tax question does have an important bearing but other matters must be considered also before a deci- sion can be reached to allow or deny mobile home parks. Councilman Pritchard agreed with Mayor Silva that whether the use pays its way or not cannot be the basis for denial or approval. At the close of the discussion the Council decided that this re- port and the general subject of mobile home parks would be dis- cussed on August 24 at the beginning of the meeting prior to the public hearing re the Intermark application. * * * ORDINANCE RE ORDINANCE NO. 717 TRAILERS ON PUBLIC STREETS AN ORDINANCE REPEALING CHAPTER 5, RELATING TO AUTO COURTS AND TRAILER CAMPS, OF THE LIVERMORE CITY CODE, 1959, AND REPEALING DIVISION 2, RE- LATING TO PARKING METERS, OF ARTICLE V, RELATING TO STOPPING, STANDING AND PARKING, OF CHAPTER 13, RELATING TO MOTOR VEHICLES AND TRAFFIC, AND ENACT- ING A NEW SECTION, SECTION 13.73, PROHIBITING CAMP- ING OR PARKING CERTAIN VEHICLES ON PUBLIC STREET OR HIGHWAY. CM-23-175 August 17, 1970 (Ordinance re Trailers) PROPOSED ZO RE OFF- STREET PARKING On motion of Councilman Miller, seconded by Council- man Pritchard, the second reading of the foregoing ordinance was waived and by unanimous vote the ordinance was adopted. * * * The first reading and vote regarding the Zoning Ordinance amendment to Section 21.00 relating to special provisions re off-street parking requirements, parking lot standards, etc. was continued until September 8 on motion of Councilman Beebe, seconded by Councilman Miller and by unanimous approval. * * * On motion of Councilman Beebe, seconded by Council- man Pritchard, and by the following vote, the proposed zonin~ ordinance amendment to reflect changes in Sec- tion b.OO RG Zoning District regarding height limita- tions of buildings was introduced and the first read- ing was waived (title read only): AYES: Councilmen Beebe, Pritchard, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Taylor PROPOSED ZO AMENDMENT RE BUILDING HEIGHTS (Sec. 8.00) PROPOSED ORDINANCE RE RENUMBERING ARTICLES & SECTIONS OF CITY CODE ADJOURNMENT CM-23-176 * * * On motion of Councilman Beebe, seconded by Councilman Pritchard, and by unanimous vote, the proposed ordi- nance regarding renumbering articles and sections of the Livermore City Code was introduced and the first reading was waived (title read only). * * * There being no further business to come before the Council, the meeting was adjourned at 1:10 a.m. APPROVE * ATTEST oI~~~~ C' erk-- Liverm e, allfornla * * * Regular Meeting of August 24, 1970 A regular meeting of the City Council was held on Monday, August 10, 1970 in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. with Mayor Pro Tempore Miller presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller ABSENT: Mayor Silva * * * The minutes of the meeting of August 17, 1970, were approved as amended on motion of Council- man Pritchard, seconded by Councilman Taylor, by unanimous vote. * * * A member of the audience inquired about the un- paved portion of the street near the curb of the Shell Service station at Portola Avenue and Murrieta Blvd. as he felt it was a hazard to drivers. Mr. Lee was asked to check into the matter with the County. * * * ROLL CALL MINUTES OPEN FORUM (street Paving) Earl Kerr, 1654 Hollyhock st., suggested that once permits are denied, they should not be considered again. Councilman Taylor stated that permits are not usually reconsidered un- less there is a substantial change in the circumstances Mayor pro tempore Miller acknowledged the Council might consider this point in the near future. * * * (Hearings on Permits) or permit. want to Hearing on an application submitted by Sacramen- to Savings and Loan Association to rezone pro- perties on the east and west side of Murrieta Blvd., south of Olivina Avenue, has been con- tinued from July 20 and 27, and a request has now been received from the applicant for withdrawal of the entire application. On motion of Councilman Taylor, seconded by Coun- cilman Beebe, and by unanimous vote, the Council accepted the request for withdrawal of the application for rezoning. * * * CONSENT CALENDAR A request has been received from the League of California Cities for designation of voting delegate. It is recommended that the names of the Mayor and Vice Mayor be sent to the League. * * * A status report has been submitted by the Direc- tor of Public Works regarding tentative and final subdivision maps. Mayor pro tempore Miller suggested that the staff be directed to carry out the suggested action in regard to PUBLIC HEARING (Sacramento Savings and Loan Assn. ), League of California Cities Status Report re Subdivision Maps CM-23-177 August 24, 1970 (Subdivision Maps) PUD Permit No. 3 Resolutions re Assessment Dist. No. 70-1 MINUTES various tracts. Councilman Taylor pointed out it might not be in the best interest of the City that bonds be called on some of the tracts. He felt that it might be well for the staff to have a specific plan of action regarding these tracts, and the staff was directed to prepare one. * * * The text of the PUD Permit No. 3 was distributed to the Council at their instruction. This item was removed for discussion later in the meeting. * * * The following resolutions in connection with the formation of Assessment District No. 70-1, South County Junior College, are to be adopted as the next technical steps in the procedure. RESOLUTION NO. 115-70 IN THE MATTER OF THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS AND ACQUISITION OF REAL PROPERTY AND/OR RIGHTS-OF-WAY IN ASSESSMENT DISTRICT NO. 70-1, SOUTH COUNTY JUNIOR COLLEGE, CITY OF LIVER- MORE, ALAMEDA COUNTY, CALIFORNIA. RESOLUTION NO. 116-70 RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF ALAMEDA COUNTY, ASSESSMENT DIS- TRICT NO. 70-1, SOUTH COUNTY JUNIOR COLLEGE, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. * * * The minutes of the meetings of the Airport Committee of August 10 and the Housing Authority of July 21 were acknowledged. The Council briefly discussed the suggestion in the Airport Committee's minutes that the Committee membership be enlarged. * * * Exempt Busi- Exempt business license applicatiorowere received ness Licenses from the following: Payroll and Claims Approval of Consent Calendar CM-23-178 American Legion Auxiliary - various fund raising activities during fiscal year Alameda County Cowbelles - sale of food during roping contest on September 12. * * * Seventy-three claims in the amount of $270,844.17 and two hundred forty-five payroll warrants in the amount of $77,352.81 dated August 20, 1970, were ordered paid as approved by the City Manager. * * * On motion of Councilman Beebe, seconded by Coun- cilman Taylor, the Consent Calendar was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva August 24, 1970 A cooperative engineering study between the City and Alameda County is being made to es- tablish the alignment of Concannon Blvd. between the future Isabel Freeway Route 84 and the intersection of Tesla Road. The Public Works Director explained that the cooperative agreement for the Concannon Blvd. study stated that the terminus of the route study on the east is the intersection of Livermore Avenue and Mines Road, as indicated in Exhibit IlBIl! The Planning Commission and the City Council have approved a major street layout (Exhibit "A") which indicates a different design of the Tesla-Concannon-Livermore Avenue intersection. Therefore, it is necessary that modification of the agreement be made to eliminate any reference to the intersection of Mines Road with Livermore Avenue, and it is also recommended that the County be requested to modify the route of Mines Road to accomplish the street pattern as outlined in Exhibit "A". CONCANNON BLVD. MAJOR STREET PLAN Mr. Lee stated that the Concannon and Wente Wineries are agreeable to Exhibit "All layout as their vineyards are less affected by this plan. Councilman Taylor made a motion, seconded by Councilman Beebe, to accept the recommendation of the staff that this agreement be modified and that the County Board of Supervisors be requested to follow the street pattern as outlined in Exhibit "A". The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard, and Miller None Mayor Silva * * * Consideration of the report from the Planning Commission re tentative map of Tract 3239, Kay Builders, was postponed from the meeting of August 17 so that the design could be studied. TENTATIVE MAP TRACT 3239 (Kay Builders) The Planning Drrector stated that the proposed map conformed generally to the approved Planning and Development Permit. The issue in- volved here is that of the density. Recalling previous discussion on the cabana club, four lots were deleted from residential use for that use and now the developer wishes to put these four lots back in. The decision of the Planning Commission was to allow the four lots in lieu of the cabana club lots based on the assur- ance of the developer that the homeowners would own an equal share of the cabana club and site, thereby making it common open space. Councilman Taylor stated that the cabana club is not public open space - it is private, owned by a corporation. Present homeowners do not own a part of the cabana club; he did not see any reason to allow the builder four lots for the cabana club. Mayor pro tempore Miller stated that it had been in the minutes several times before that only that open space dedicated to the City is allowed density credit. Especially in this case, it was specific that they would not get those four lots in lieu of the cabana club lots. Mr. Musso explained that the Planning Commission had allowed the four additional lots based on past action in other parts of the City, such as Springtown and Greenville North, and looked upon it as a common area. Mr. Musso read from the General Plan the following: "Residential acres include streets, public park and public recreation areas which have been acquired or dedicated through direct contribution of the area; and similar public uses and open space, and shall exclude schools; commercial areas; mini- mum required stream channels; utility rights-of-way where not in public or residential use; and quasi-public use and parks acquired by the public through direct purchase." CM-23-179 \ August 24, 1970 (Tract 3239) Mayor pro tempore Miller stated that the use under discussion was one excluded under quasi-public use; therefore, Councilman Taylor's statement applied. The original approval did not state the four lots for the cabana club would be transferred; they could either be used for houses or the club. The number of lots to be allowed was 1287, rather than 1291, if the cabana club was constructed on the four lots. Councilman Pritchard stated he would like to hear from the applicant, Kaufman & Broad, before making a decision. The matter was continued until later in the evening as the applicant's representatives were not yet present. * * * SPECIAL ITEM MOBILE HOME PARKS A report was prepared by the staff concerning compar- ative statistics for four types of land use, includ- ing mobile home parks. The Council wished to discuss this matter before considering the formal application of Intermark Investing, Inc. for mobile home park use. Finance Director James Kennedy discussed the report presented, in- cluding a chart showing accruals to the City from four land uses: single family units, multiple family units, neighborhood commercial and mobile home parks. Essentially, the report is an attempt to in- dicate some comparative figures as to cost and revenue from various land uses under hypothetical conditions. The following were used in the study: an average assessed value of $24,000 for a single family home; a multiple development at the corner of East Avenue and Hill- crest of 4.62 acres; a presently developed commercial area; the values of the City's only mobile home park; and mobile home units of $11,000. The study shows for the 4.62 acres a $630 loss to the community for single family units; $600 loss for multiple units; about $1,000 net gain for the commercial area; $928 gain for entire area from mobile homes. Three reports from other areas have been received which sub- stantiates the fact that these mobile home units do not lose money. Councilman Taylor pointed out that the value of the mobile home units was that of a new unit, but it depreciates over half in five years. After a few years the taxes from mobile home units decreases while taxes on other units remain about the same. The lifetime of the mo- bile home park must be considered. He did not feel it was right to exempt mobile home owners from school tax; it would be disastrous for Livermore to have a very large proportion of residents paying a smaller proportion of taxes. Perhaps we do need some mobile home parks so that people may choose to live in this manner. Councilman Beebe stated there were mobile home units costing more than $11,000, so he felt that the figure used in the study was not too far out of range. Councilman Pritchard did not feel you could use figures based on all new mobile homes which would depreciate at the same rate; rather many people buy new mobile homes every few years just as they would new cars. In anyone mobile home park the units will not all be new nor will they all depreciate accordingly as new homes will be moving into the park all the time. Councilman Taylor said the City of Livermore received $29.31 per mobile home from the mobile home rebate, which is a third of the total of $100. The City received an average of $100 in taxes from mobile home owners. Mayor pro tempore Miller said he felt mobile homes in the City of Livermore, as they now exist, do not pay their fair share of taxes. Even in the first year they pay only two-thirds of the amount that the rest of taxpayers pay. A tax rate is created for one class of residences, and others have to make up for this, which is inequitable. CM-23-180 August 24, 1970 Councilman Pritchard pointed out that the figures (Mobile Home Parks) being used were all arbitrary except for the in leiu amount paid by mobile homes. Councilman Taylor said that whether a mobile home park pays for itself or not is irrelevant, but everyone should be aware of the tax situation. Perhaps we do want to subsidize such a group as low cost housing. Mayor pro tempore Miller stated that if the tax laws were changed so that equivalent taxes would be paid, then a limited number of mobile homes.6Lould be aIlS/wed. ~:L &t:L;~/z- MAYOR SILVA ARRIVED AT THIS TIME, HOWEVER DID NOT ASSUME THE CHAIR UNTIL THE DISCUSSION ON THIS SUBJECT WAS COMPLETED. Mayor Silva stated the basic problem is whether or not mobile homes will be allowed in Livermore, and whether taxes can or cannot be used as reason for denial or approval. Mr. Lewis stated the problems are many. He had found one case which pointed to the fact that taxes cannot be used as sole reasons for denial of a Conditional Use Permit; this case was in regard to a church and stated that if the church were denied on the sole ground that it was non-taxable, this was an improper ground for denial of that use. Also it is improper to consider use solely on fact that the use will bring in taxes. The court seemed to allow the consideration of tax matters in the broad overall context of general planning, i.e., what effect will a use have on the community overall. Mayor pro tempore Miller stated that mobile home parks can be prohibited in some states and not prohibited in others; California law allows statutory authority to prohibit trailer courts. Mayor Silva replied that Livermore does have an ordinance allowing mobile home parks in certain zones with Conditional Use Permit. If the City does not want mobile homes, then the ordinance should be changed. He did not feel that the rules should be changed in mid-stream; an application is already before them and the Council should abide by the ordinance. Mayor pro tempore Miller stated that according to his understanding of CUP requirements the Council does not have to approve a Condi- tional Use Permit or invent conditions to approve it. Mayor Silva felt that in reference to the number assumed in the study, they were a waste of time as they are all arbitrary. Councilman Taylor did think it was irresponsible to ignore the numbers even though they are arbitrary. There is the basic fact that the State does not allow ad valorem property taxes. Large numbers of mobile home units would upset the tax situation. Also, in regard to schools, it was his understanding the State builds schools on the basis of permanent house foundations and does not count mobile homes;therefore, children from mobile homes are not provided for. Mayor pro tempore Miller said bills were introduced in the past legislature to change tha taxation laws in regard to mobile homes but they were not passed. There has been an increased demand for mobile homes recently and pressure has increased for approval of mobile home parks. The real issue is equity in taxation. Melvin Harrison, 4194 Colgate Way, said mobile homes are not a cheap way to live, but a different way. Stringent conditions should be placed on the parks such as landscaping, recreation area, good interior streets, boat and trailer storage, etc. CM-23-181 August 24, 1970 (Mobile Home Parks) stuart Smith, 321 Virginia Drive, stated that the reference to the case involving the church was not applicable to mobile homes. The Councilmen should ask themselves if they intend to set up a separate tax class. Russell Bunch, 5222.Peony Drive, stated it was erroneous that the residents of Springtown welcome the prospect of a trailer park. He felt it was detrimental to allow such a use. Paul Brown, 731 Wimbleton Drive, concurred with Mr. Harrison's con- cern over too many trailer units; 2,000 would be far too many. Livermore does need low cost housing, but too many would be detri- mental. He pointed out that even though there may be fewer children in the trailer parks, such areas repeatedly oppose any school issue. Thomas Harris, 2260 Shetland Road, said that the cost of the trailer added to the cost for renting a space in the trailer park totals more than the cost of many homes and, therefore, cannot be considered as low cost housing, yet the City does not get anything from the mobile home units. Chester Johnson, 1894 Montecito Circle, restated the fact that mobile homes are not a cheap way to live. He said the owner of the land pays taxes and the City must get some consideration from the land and improvements. Clarence Hoenig, 588 Tyler Avenue, felt that this was a major policy decision and would like to have the Council refer this matter to the Planning Commission for more study. He felt the City Manager's re- port was a good first step. One significant fact in the report is that a $24,000 single family home does not pay its way. This one fact alone should convince us that there should be no further resi- dential growth. He also discussed other factors in the report. Mr. Hoenig further stated that family type mobile homes in great numbers are a cause for concern. Sue Steinberg, 4174 Pomona Way, stated that trailers will pay less in every case - schools, LARPD, Junior College, BART, etc. Such mobile home parks will be a burden, not an asset. Edwin Rundstrom, Superintendent of Schools, stated that trailer spaces are not counted, but the State does pay basic aid on the educational program. David Madis, 1054 Canton Ave., said this issue goes beyond figures to the idea of freedom of choice. The community must have balance, and the report fails to take into consideration total community cost as there is a difference in services required by the City. With regard to a comment made in the audience that the public is misinformed and have not been presented with the facts, Mayor pro tempore Miller advised that the public is informed by legal publi- cation in the local newspaper; and if the application requires a public hearing everyone living within 300 feet of the affected area is notified by mail of the hearing. On any matter other than a pub- lic hearing, Mayor Silva added, the public must rely on newspaper stories for additional information. The comment was made that if the City is interested in low cost housing - why trailers? Why not apartment bui~dings? Mayor pro tempore Miller explained that at the present time there are 2500 units of apartments approved and zoned which are not being built, and they are not being built right now because financing is diffi- cult; on the other hand financing is easy for trailer parks and that is why the pressure is on. CM-23-182 August 24, 1970 Bob Schaeffer, 785 Wall Street, stated that he (Mobile Home Parks) has seen many attractive mobile home parks, and we can have attractive mobile home parks with good control and planning. He did feel there was an inequity in the way they are taxed, but the person who lives in a mobile home pays all the tax rate it is worth and required. There is a legal question of whether or not a mobile home park can be restricted from this area because they do not pay their fair share of taxes. He suggested the City restrict mobile home parks on the basis of tax inequity and let the applicant make it a court test if he so desires. Mrs. Lorraine Raiason, 5244 Kathy Way, asked if the Council had checked for possible collusion between the manufacturers of mobile homes and developers, referring to an article in the Chronicle which indicated it was a good tax dodge. Mr. Johnson commented that the yards in the mobile home parks were well kept while the yards you see along the freeways are very un- kept. A statement was also made in the audience that we should attempt to induce industry to come into Livermore and forget about mobile home parks, and get industry to support the people here. M~yor Silva stated he would like to have the matter of mobile home parks set for a study session and it should be in conjunction with his request to the Planning Commission regarding areas within the City to be considered for mobile home parks as he felt a study had already been made regarding proposed sites. Councilman Beebe suggested that the study session be set at least thirty days from now to allow them time to get more input. He stated that San Leandro has recently approved a very deluxe mobile home park in a purely industrial area and has reported it will net as much revenue as the industrial use. He also pointed out that Fremont did not permit mobile home parks up until now, but are allowing them. They do have a mobile home park ordinance; they also restrict the number of mobile homes to a percentage of the existing residences. Councilman Beebe stated he would like to have some correspondence from these cities in this regard. Mr. Kennedy was requested to write to the cities mentioned for pertinent information. Further discussion on this matter was postponed until the middle of October. * * * (;zL5iIL 4--tft:/ ,AfC-' ) CUP-Intermark Mobile Home Park Planning Director George Musso explained that the Conditional Use Permit application of Intermark Investing, Inc. for a mobile home park was previously considered, and there was a slight misunderstanding when the application was accepted and scheduled for public hearing. The Planning Commission was re- quested to reconsider the original application, and at the pub- lic hearing, to approve a mobile home park without any plan; this was to be submitted later. However, this was not the appro- priate procedure, and the Planning Commission agreed they would accept the previously proposed plan with the understanding Intermark would come back with a revised plan. Therefore, the plan before the Council at this time is the previously considered plan ad- jacent to highway 580, south of Bluebell Drive and east of Las Flores Road. The property is presently landlocked on the north by a row of multiple-zoned lots in another ownership; to the west along Los Flores is another ownership, zoned multiple, and on the east is vacant land. The Planning Commission has consis- tently recommended that access be provided through to Las Flores, and, incidentally, there is now an application for an apartment house on that land to preclude that possibility; also that Blue- bell Drive be extended to connect with Northfront Road, which would provide frontage and Las Flores would provide access. CM-23-183 August 24, 1970 (CUP-Intermark Investing, Inc.) Mr. Musso continued, saying there was no favorable recommendation from the Planning Commission, and the staff is not favorable to the design. The Planning Commission recommendation is for denial. Mayor Silva asked, if the apartment application is approved and constructed, what would . happen to the access they would require for the CUP, to which Mr. Musso replied that if the CUP were approved, access could be made a condition to the approval. In reply to a question by Councilman Taylor as to whether this was exactly the same plan the Council turned down two months ago, Mr. Musso stated that it was, however it was not turned down at that time on the basis of design. Mayor Silva opened the public hearing at this time. A petition with 308 signatures was presented to the Council, opposing the location of mobile home parks in the vicinity of Proud Country and the Spring- town areas. Letters were also received from the following: Mrs. R. A. Diehl, 1188 Marigold Road; Charles H. and Mildred L. Driesbock, 5271 Iris Way; Walter R. Perry, 2332 Shetland Road and Mrs. Paul Stroud, 5218 Iris Way. Mrs. Stroud addressed the Council to protest the granting of a CUP to Intermark Investment Co., stating that although she did not re- present the people of Springtown, she knew that many of them agreed with her reasons. She stated that the application had been denied twice previously, and nothing had changed in the interval except the increase of pressures upon the people in the area and the City Council. Further, the pressures upon them stem from the involvement between the Springtown Recreation Center and the Golf Course; however there was no real cause for concern until Intermark took over. Also Intermark has refused to reactivate the fountain, which Springtown thought of as a landmark. These things leave them with little faith in any promises made by Intermark. Carlton Clark, 1492 Bluebell Drive, stated there was no harrassment and felt that the raise in dues was justified. Russell Bunch, 5222 Peony Drive, had made a statement previously which was in regard to this public hearing. Earl Kerr, 1654 Hollyhock, stated that the original plan for develop- ment of the land for which the permit is sought was for low density residential, and the residents of the area were led to believe that the area would not be developed for multi-family dwellings without restrictions as to age limits; the type of dwellings proposed for this land would be exempt from City, County and local school taxes. For the past few elections, school bonds have been voted down by the residents of Livermore due to the heavy tax load on property owners, and he felt at the present time it would be unwise to grant a permit for mobile home parks in this area, thereby increasing the load on the schools and promoting a further tax load on the citizens of Livermore for the purpose of a non-taxpaying development. He also stated that the drawing submitted does not provide for an exit from the mobile home park that would not be hazardous to traffic in both directions. Inasmuch as Intermark is not a local firm, he did not feel that they had the best interest of Livermore as its policy. Mayor Silva reminded the audience that the property was zoned for RG-IO, which means they can build ten apartment units per acre, and the application before them is calling for eight mobile homes per acre. Ron Countryman, vice president of Intermark Investing Co., addressed the Council, and in reply to a question of who they were, replied that they are based in San Diego, and are and have been interested in Springtown since 1962; they have invested over $l~ million in Springtown and have paid taxes to the City and County of almost CM-23-184 August 24, 1970 $340,000; they are not trying to make a lot of money , but are hoping to get an investment which they did not ask for 110ut of their hairll. Mr. Countryman further stated they are not unknown and they do know what is going on, but there seems to be mass confusion regarding 2000 units being proposed in the Spring- town area as he does not know of any. Their permit has come about as the result of two and a half years of zoning requests, hearings, and so forth. They have an agreement transferring density, involv- ing the 150 acres they own in the Springtown area. As a result of this density transfer that area has the lowest density of any area north of the highway, that is in the City. Also, as a result of the density transfer the sixteen acres which they own was zoned RL-IO, which is a multi-family zoning allowing ten units per acre. At the time of their initial request they stated they were not planning apartment dwellings, but a mobile home park, which would be an adult, 5-star park compatible to the Springtown area, with a density of 8.32 d.u./acre which is a lesser density than that allowed. (Intermark Investing CUP) Mr. Countryman further stated they feel any development in that area will be a benefit since there have been no shopping facili- ties due to the fact there is not enough population to support major shopping centers. They believe that the cost to the City of a mobile home park is considerably less than single family dwellings. The last time they appeared before the Council, the Council denied the permit on the basis of a majority protest of the citizens of the Springtown area. Within three days they had fourteen written requests from Springtown residents to resubmit because the testi- mony did not reflect the feeling of Springtown. Clarence Hoenig stated that if the Council does allow a mobile home park, Intermark's statement over the microphone does not guarantee it will be a 5-star park, but perhaps it could be condi- tioned with the requirements of a 5-star park. Dewey King, 2991 Cabrillo Avenue, representing American Mobile Homes Company, as regional construction manager stated that all the parks they build are 5-star parks. The plan being presented is not one they have developed, but if they do build it, it will be a 5-star park and will be beautiful; the conditional use permit can require that it be an adult park. Their parks are operated by a manager, assistant manager and a strict set of rules. Mr. David Madis presented the Council with a brochure from the American Mobile Home Company which illustrated the quality and type of mobile home the applicant proposes. All they are request- ing is approval of the use, not the plan, and the Council can im- pose all of the requirements to make this a 5-star adult mobile home park as a part of the CUP. They do not have a plan for pre- sentation yet, but they will follow all the steps for review that are necessary. Lily Hathaway, 2175 Roan Court, asked if the park can be restricted to adults only. Mayor Silva said the City did not have the author- ity to put this requirement into the permit. Ted Mamaros, 2243 Shire Court, asked for denial of the application. Earl McMichael, 1574 Roselli Drive, asked why the applicant wanted to invest in Livermore since they were from San Diego. He was opposed to the trailer park. Mayor Silva pointed out that this company has paid over $300,000 in taxes in our community. Clyde Highet, 1317 Hibiscus Way, stated the applicant did not have a proper plan and requested denial of the application. CM-23-185 August 24, 1970 (CUP-Intermark David Madis pointed out that Intermark did not buy Investing,Inc.) the land for speculation, but took this property from defaulting developers. He said the residents of the area would be able to have 2 d.u./acre be- cause the density was transferred to this small parcel, which is away from their single family area. All Intermark is trying to do is regain its investment. Mr. Kerr stated that Intermark had taken out a permit to build a clubhouse on the golf course, but the permit expired and they put up a rusty Quonset hut which was later improved at the request of the City. stuart Smith, 321 Virginia Drive, felt there had been enough testi- mony presented to warrant denial of the application. If the Council could not do so at this time, they should delay the decision until they have more information on mobile home parks before them. Sue Walker, 1257 Higuera Court, said the main decision is whether the community wants trailer parks. Once one is allowed, others will have to be allowed. Schools should always be a part of decisions, and the Council should make a decision on trailer courts as a whole before deciding on Intermark's application. Hugh Griffin, 2257 Shire Court, suggested the City contact San Diego in regard to Intermark's reputation and record. Paul Brown, 731 Wimbleton Lane, requested that this decision be de- ferred until a decision is reached on mobile home parks in general. Russell Dicks, 4875 Primrose Lane, stated he was the resident of the "sloppy clubhouse" referred to in previous testimony, and wished to invite everyone to inspect it so they might see it is clean and attractive. Helen DeVore stated Intermark owns the property now, but it will be developed by a man who has been a Livermore resident for eight years; also there are apartments which by contract do not allow children. G. R. Patton, 2252 Shetland Road, requested that the permit be denied solely on the fact that they have no plan. Glen Coffey, 3557 Oregon Way, asked that the Council make clear to the audience that it is possible for the Council to grant the use and require them to bring back a plan for this use. On motion of Councilman Pritchard, seconded by Councilman Beebe, and by unanimous vote the public hearing was closed. Mayor Silva stated it was his feeling that the City has an ordinance; if the c8nditions of the ordinance are met, the use should be allowed. However, he felt he needed to see the plan before making a decision; also the Council should see a definite plan. Councilman Miller stated it was his personal policy to refuse to consider an application until he had the maps and information before him. Councilman Beebe said he voted for this permit when it was before the Council previously, and he still felt Livermore needed some trailer units. However, he thought they should delay action for thirty to sixty days in order to check with other cities so they will have some definite facts on which to base their decisions. Mayor Silva felt that this application perhaps should be approved so the City would have some definite facts; it is for only 133 units, which is a long way from the 2,000 anticipated units. CM-23-186 Councilman Taylor agreed that any decision should be delayed; he had voted against it before and would probably do so again at this time, unless he had a plan and more information in general. August 24, 1970 (CUP-Intermark Investing,Inc.) as to mobile homes Councilman Pritchard inquired if a resolution of intention could be made in this matter. The City Attorney said that a resolution of intention is a moral commitment or opinion to do what they state. It could be re- tracte~ though, at a later date. The resolution would not be legally binding. Councilman Miller felt this might be considered as giving a vested right, or promise, and might be cause for legal action by the developer if it is later denied. After further discussion along this line, Councilman Beebe made a motion to delay decision until October 19, which was agreeable to the applicant. The motion was seconded by Councilman Taylor. Councilman Miller felt there should be at least a week between the study session and hearing. This application has been denied before, and most of the people appearing before the Council had asked for denial; therefore, he felt he would be for denial again. The motion for continuance was approved unanimously. * * * AFTER A BRIEF RECESS THE MEETING WAS CALLED TO ORDER WITH ALL PRESENT. * * * The Planning Director stated that the ordinance under discussion is relative to the parking of trailers, including boats, trailer coaches, mobile homes, or anything that is towable, and prohibits parking of this type of vehicle within the required side yard or front yard, which is generally twenty feet. Some years ago the Council instructed the staff to enforce the ordinance on complaint. There has been a lot of trouble encountered in enforcing this ordinance in this manner. One of the solutions to this problem is parking in the side yard, but this is also against the ordinance and is not approved by the Fire Department. Parking in the front yard brings objections from the neighbors. It is the recommendation of the staff and Planning Department that the ordinance either be totally enforced or repealed. TRAILER STORAGE ORDINANCE Mayor Silva expressed his opinion that the ordinance must either be enforced or changed. Gene Gutridge, 635 Andrews, moved here ten years ago. He has no alternative other than putting his trailer in front of his house, and he had counted seven such vehicles in his immediate neighbor- hood but had not heard of any complaints. He did not feel this ordinance was suited to Livermore. Paul Howard, 975 Laguna Street, had moved to Livermore two years ago and had looked for a home with access to the back yard for his trailer. He felt that the ordinance was unjust to those with trailers and boats. Roberta Roads, 971 Ventura Avenue, said owners of trailers cannot satisfy the City and the Fire Department; she was against the ordinance. CM-23-187 August 24, 1970 (Trailer storage Ordi- nance) Another member of the audience pointed out that there is no place to store trailers; people storing trailers must be licensed and carry insurance. People are being asked to get rid of their trailers and boats because some people don't like them and this is not democratic. Barbara Combs, 833 Leland Court, stated recreation has become so expensive that camping is one of few activities that a family can enjoy together. There are many hazards other than boats in driveways. Garner Massey, 1022 Elm street, now has a 25 foot motor home, cost- ing $13,500 and did not wish to store it unprotected. Ira Doss, 909 Norfolk Road, felt that all boats and trailers cheap- ened the street and blocked the view and should be kept out of front yards. Clarence Hoenig, 588 Tyler, asked that this testimony be considered by the Council when the RS ordinance is discussed, in order that more space can be provided for storage. Russell Bunch, stated he could not afford two vehicles so his camper was also his family car. He cited a city in Delaware which was con- sidering a similar ordinance. Ralph Bolling, 144 Martin Avenue, said there is inconvenience in storing campers; it takes advance preparation to get ready for a trip, and as long as there was no safety hazard, storage should be allowed. Jack Phillips, 551 North P street, felt this was an unjust ordinance and it should be repealed. Carl Clarke, 1492 Bluebell Drive, said that Springtown residents had been forced to move the trailers they had stored together and now the City wanted to impose more restrictions on them. Mrs. Lorraine McLean, 1785 Elm street, asked if it was legal if the camper is left on the pickup, and illegal when it is removed, because there are times they need the use of their pickup, and the camper is removed and set back off the street. Since she had a corner lot, she did have room to store it, but felt the requirements to be unfair. Mrs. Betty McMichael, 1574 Roselli Drive, stated she had read that residents considered trailers very unsightly, although she thought they were attractive; some of the neighbors don't like them, but they also have things she does not like and felt that people should learn to accept each others way of life. Clyde Highet, 1317 Hibiscus Way, stated that with regard to a trailer park at Springtown, at the time they moved in there were deed restric- tions and promise from the developers it would be a compound. There are still the deed restrictions, but the compound has never been developed, and he felt they could get trailer compounds in the new development tracts. Don Holeman, 1190 Rincon Avenue, stated he had a corner lot, owned a camper and felt he could meet the restrictions. It was his desire to take his children out, and if he had to get rid of his camper, the children would be in the street. Bob Rose, 962 Via Seville, stated he enjoyed camping, and came to Livermore and purchased a piece of property with the express purpose of parking several trailers on it, but under this ordinance, it appears to be illegal. He felt one of the real problems that has been brought out is the fact that zoning regulations should require proper setbacks so people could get access to their backyards. CM-23-188 August 24, 1970 Councilman Pritchard felt that the ordinance was (Ordinance re discriminatory because a motorized vehicle is Trailer storage) not covered by the ordinance, and for this rea- son he favored repealing the ordinance as there is no way it can be made equitable. He further stated that Hayward does not have an ordinance like this and he made a special point of driving through some of the residential areas, and did not notice that it was unnecessarily tacky or any worse than any other city even though there were some trailers and campers in some of the areas. He felt that some conclusion must be reached on this subject. Mr. Musso replied that Hayward may not have this particular ordi- nance but they do have an ordinance provision that requires the front yard to be free and clear of any obstructions and they use this in the event of complaint. Councilman Beebe stated the present ordinance, as written, will take care of a special real poor condition in a neighborhood, and if there is no ordinance there could be a horrible condition. As it is now, if there are objections directed to a certain condi- tion, that person will have to relocate his trailer, and he felt this to be reasonable. Mayor Silva stated the only way to enforce an ordinance was to enforce it all the way, because if a complaint were made against only one person in the neighborhood, another might be just as guilty. Councilman Taylor stated there could not be a law you enforce only on complaint; if we want to teach the children of this country respect for the law, they must see that it is enforced uniformly. Most people purchase homes with this ordinance existing; many have purchased corner lots if they were aware of the problem. He did not feel it would be fair to abolish all restrictions at this stage of the game, and was not prepared to abolish this ordinance, but it might be modified. In the meantime the present ordinance should be enforced. Councilman Miller referred to comments made by people that they have no room or no method of access to their backyards; that this was the purpose of the RS ordinance which he and many other people had spent ten years on to get it adopted precisely because of problems of this nature. Many people want enforcement of the trailer storage ordinance because they feel the trailers are eyesores; also many people have boats and trailemwhich they are unable to store. The last two times the Council considered this matter the public favored enforcement of the restrictions; perhaps the City has changed in the interim as most of the people present in the audience feel there should not be these restrictions. Councilman Miller further stated that if there are to be modifi- cations to the ordinance there should be a formal public hearing. He suggested that perhaps the papers could have a coupon poll regarding the matter as he was in a quandary. The Council further discussed whether the ordinance should be repealed or enforced. The audience in attendance seemed to favor repeal; however if it were repealed, there would then be pressure from the people in favor of enforcement according to Mayor Silva, who proposed that the issue be put to the vote of the people in the community. Councilman Taylor agreed he would like to know the answer from a poll, but stated there were as many laws to protect the minority from the majority as the other way around, and was not in favor of a vote, as it might amount to tyranny on a few people, but if they do consider repeal of the ordinance, there must be a public hearing. Mr. Lewis advised it could be put to an advisory vote which would not be binding; however, it would pose many difficulties to go CM-23-189 _'____."._....,,__'__.,.____..M.~_____",..._,.____"'_..____'.,...._., ,..__,_....'m.'._._.._...._..,.~._ ..~..._._____~,_.,..._,__,__., ...... August 24, 1970 (Ordinance re Trailer storage) against an advisory vote. The Council discussed the pros and cons of having an election; whether it should be put on the November ballot as August 25th was the last day it could be submitted, or to wait until the next municipal election in 1972, and whether the ordinance should be enforced or repealed in the interim. Mr. Musso suggested that perhaps it would be best to refer the matter back to the Planning Commission for a public hearing as they could not wait for two years for a decision. Councilman Taylor made a motion to refer the ordinance to the Planning Commission for a public hearing to consider any possible amendments, revision or repeal. Councilman Miller seconded the motion and it passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Pritchard Councilman Beebe and Mayor Silva Mr. Musso advised that the public hearing before the Planning Com- mission would probably be set for sometime in October. Letters were received from the following in regard to this matter: Robert L. and Christine Malone, 1357 Saybrook Road; Mr. and Mrs. Charles Prevo, 461 Harding Avenue; Mrs. Jeanne V. Tanghe, 739 Via del Sol; Donald C. Stoner, 972 Coronado Way; Mr. and Mrs. Jerry Gerich, 723 Hazel Street; Mrs. Linda Myers, 835 Lucille Street; Mrs. Ruth Lichtig, 1123 Via Granada; Robert F. Schaefer, 785 Wall Street; Kenneth W. Henry, 830 Mohawk Drive; Mrs. Earl Sliger, 1245 Aster Lane; Walter L. Weidman, 1160 Apache Street; Val C. Yoakum, 3832 Dartmouth Way. * * * TENTATIVE MAP-TRACT 3239 The matter of the tentative map of Tract 3239 was con- tinued from earlier this evening and the previous discussion was summarized for the benefit of Mayor Silva who arrived late. Councilman Taylor stated it was his understanding that when the PUD was extended and they discussed the four lots, they had de- cided those lots would be deducted from the total number at the time of extension. Mr. Musso replied that it was extended with a specified number and later they filed a tentative map; then they asked for modification of the tentative map and later for the cabana club. He st~ted at this point in time the policy is that the cabana club lots are not to be counted - in other words they cannot replace them, and what they are actually requesting is a change of that policy. Councilman Beebe asked if the previous Council originally stated that these four lots should not be counted and suggested, if the minutes did reflect this, they should abide by that decision. Dennis O'Brien of Kaufman & Broad stated he did remember the dis- cussion regarding whether or not the four lots should be included but did not honestly remember whether the conclusion was that they were to be deducted. He did recall the total number of units was set, but at the time the tentative map was discussed, Mr. Musso went through the sequence of events and the tentative was approved for 339 lots, and he thought approval was after the fact of the discussion of the cabana club lots. Then they came back and put the cabana lots in and now their position is they are not asking for any more houses, units or lots - just for a parcel to be dedi- cated as the cabana area. They will use four lots for this, but they do not believe there is any change in the total number of approved units. CM-23-190 August 24, 1970 After some discussion the Council agreed they (Tract 3239) would abide by what was reflected in the pre- vious minutes with regard to the four lots in question, and further discussion was postponed until the next Council meeting, with the applicant's consent. * * * The Council had instructed that the text of PUD PERMIT NO. 3 PUD Permit No. 3 be furnished them for their edification. This item had been removed from the Consent Calendar for discussion at this time. Councilman Miller stated he wished to bring up a couple of items that would make this PUD No. 3 essentially the same as the Carlton Development since the two are equivalent; first, with reference to C-3 of the Permit, the words "at the time of dedication" should be added to the sentence, llPublic works to be developed in accor- dance with policyll; second, in D-3 add the sentence, llNo building permit shall be issued until 50% of the foundations of the shop- ping center are poured". Under D add 5, "That the Neighborhood Shopping Center be subject to design review". Councilman Taylor made a motion to approve the text of the PUD Permit No.3, as amended above, with the exception of the number of dwelling units, and the motion was seconded by Councilman Miller and approved unanimously. * * * The City Manager presented a report regarding the annual tax rate to be set for the City of Livermore. The tentative rate discussed at the budget hearing was $1.595. The City Manager indicated that the rate could be lowered in anticipation of creased fee revenue and higher assessed valuation to as low $1. 555. TAX RATE 1970-71 FISCAL YEAR in- as Councilman Miller made a motion to set the tax rate for the 1970-71 fiscal year at $1.595, stating any funds over the budgeted amount might be put into the park fund rather than the reserve. Mr. Kennedy stated that the reserve fund was much lower than in previous years. He also pointed out estimated fee revenue was uncertain and perhaps the reserve should be higher. Discussion followed regarding previous action and debate at the budget hearings at which time the rate was tentatively set at $1.595. Mayor Silva stated that the $1.595 rate was based on an assessed valuation of $74,000,000 and since that time the County Assessor has given us the amount as $75,082,031; there- fore, he thought the rate should be decreased to $1.58. Beebe made a motion, seconded by Councilman Pritchard, tax rate at $1.58 for the 1970-71 fiscal year, and was approved unanimously. RESOLUTION NO. 117-70 RESOLUTION FIXING TAX RATE FOR FISCAL YEAR * * * Councilman Miller presented a report regarding the respective positions of the Cultural Arts Council and the Livermore Art Association. He stated the Festival of Arts is an advertiSing medium to the outside world and at the same time a showcase of local cultural groups. A "showcas e II means that only a sampling of each group's work or adtivities is included and there is not a major performance or show of anyone. Thus, only a sampling of the Livermore Art Association's work could be shown at the Festival, and according to their by-laws everyone's work is shown or none are shown. Secondly, the Festival is a juried art show and some LAA members will enter this individually. Councilman to set the the motion 1970-71 REPORT RE CAC - LAA CM-23-191 August 24, 1970 ORDINANCE RE RENUMBERING (City Code) ORDINANCE NO. 718 AN ORDINANCE RENUMBERING CERTAIN ARTICLES AND SECTIONS OF THE LIVERMORE CITY CODE, 1959, TO CORRECT CERTAIN ERRORS AND DUPLICATIONS THEREIN On motion of Councilman Beebe, seconded by Councilman Miller, the second reading was waived, and the above ordinance was passed by unanimous vote. ORDINANCE RE BUILDING HEIGHT (Sec. 8.80) * * * ORDINANCE NO. 719 AN ORDINANCE AMENDING SECTION 8.00, RELATING TO RG ZONING DISTRICT, OF ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY REPEALING SECTIONS 8.80 THROUGH 8.84, RELATING TO LOT AND LOT DEVELOPMENT REQUIREMENTS, AND AMENDING SEC- TIONS 8.88 and 8.89 THEREOF, RELATING TO HEIGHT LIMITS. On motion of Councilman Beebe, seconded by Councilman Miller, the second reading was waived, and the above ordinance was passed by unanimous vote. MATTERS INITIATED BY STAFF (Lease for Storage of EqUipment) * * * The Public Works Director stated that he had an inquiry from the contractor for the State freeway construction on U.S. 580 regarding leasing of pro- perty for storage of some heavy equipment near the airport. The staff was instructed to prepare a lease including provisions for repair of any damage to City streets. * * * (Zone 7) The City Attorney stated that Alameda County Flood Control Water Conservation District has requested that a recommendation be sent to the Governor re the 50% vote issue as there is a bill reducing the two-thirds major- ity required for passage to 50%. Undoubtedly, this will mean that the bond issue (Zone 7) will be approved. The majority of the Council favored sending such a recommendation. MATTERS INITIATED BY COUNCIL (Camp Parks) Report on Visit to Sister City Complaint re School st. CM-23-192 * * * Councilman Beebe said he had been informed that the California American Legion has approved a resolution that Camp Parks become a national cemetery. * * * Councilman Taylor requested that a special item be included on the next Council agenda for a report on the recent visit to the Sister City, Quezaltenango. * * * Mayor Silva said he had received complaints from residents on School Street regarding littering, trespassing and loitering by students, and the staff was requested to send a letter to the School District in this regard. * * * August 24, 1970 There being no further business to come before the Council, the meeting was adjourned at 2:00 a.m. to an executive session to discuss appointments to the design review committee. ADJOURNMENT APPROVE * ATTEST * * * Regular Meeting of September 8, 1970 A regular meeting of the City Council was held on Tuesday, September 8, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * Mayor Silva led the members of the Council and those present in the audience in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE * * * MINUTES The minutes of the meeting of August 24, 1970, were approved as amended on motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous approval. * * * OPEN FORUM The Mayor invited any member of the audience to address the Council on any subject not on the agenda, but there were no comments made. * * * Councilman Taylor introduced Mr. Joe Medeiros, chairman of the Sister City Committee, who headed the delegation of ten in its recent visit to Quezaltenango. Mr. Medeiros spoke briefly about the Sister City program and then described the delegation's visit. Several books were presented to the delegation for Livermore's public library; the keys to the City of Quezaltenango, a plaque commemorating the visitors, a painting symbolizing Quezaltenango, and a plaque from the Town Affiliation Association of the United States had been given to the City of Livermore for display. A slide presentation of the recent visit was shown by Mr. Medeiros. SPECIAL ITEM (Report on Visit to Sister City) CM-23-193 September 8, 1970 (Sister City Visit) Councilman Taylor expressed the hope that more chil- dren from Livermore might be able to visit Quezalte- nango in order to learn more about this country. He stated the recent visit was a wonderful experience and that people went out of their way to be nice to them. Mayor Silva expressed the hope that those residents of Livermore who had visited Quezaltenango under sponsorship of the Sister City Com- mittee would be honored with a certificate acknowledging their visit. * * * CONSENT CALENDAR (Bids for Street Sweeper) CONSENT CALENDAR The 1970-71 budget provided for appropriation for a new street sweeper, and permission is requested to solicit bids for this item. * * * Resolution re Portola Ave. Deannexation RESOLUTION NO. 118-70 A RESOLUTION INITIATING THE EXCLUSION OF CERTAIN UNINHABITED TERRITORY FROM THE CITY OF LIVERMORE, COMMONLY DESCRIBED AS "PORTOLA AVENUE DEANNEXATION" AND GIVING NOTICE OF PUBLIC HEARING THEREON. The above resolution initiates the exclusion of certain uninhabited territory from the City of Livermore, commonly described as "Portola Avenue Deannexation" and sets the date for public hearing. * * * Annexation of "Inter- chanO"e Annex" <::> RESOLUTION NO. 119-70 RESOLUTION REQUESTING LOCAL AGENCY FORMATION COMMISSION TO COMMENCE PRO- CEEDINGS AUTHORIZING THE ANNEXATION OF CERTAIN REAL PROPERTY DESIGNATED HEREIN AS "INTERCHANGE ANNEX". The above resolution requests the Local Agency Formation Commission to approve the annexation of territory known as "Interchange Annex", which comprises a portion of the freeway at the intersection of Highway 50 and First Street, together with a small portion of land owned by Ralph Pahlmeyer. Annexation is necessary to prevent an island from being created as a part of the Portola Avenue Deannexation. * * * Notice of RESOLUTION NO. 120-70 Completion 1969-70 Capital Improvement RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR Projects OF PUBLIC WORKS TO RECORD NOTICE OF COMPLETION RE 1969-70 CAPITAL IMPROVEMENT PROJECTS. * * * Denial of Claim (James Battershill) RESOLUTION NO. 121-70 A RESOLUTION DENYING CLAIM OF JAMES BATTERSHILL An adjacent property owner claims damages to his property due to misrepresentation regarding con- struction of a traffic island at S and Holmes Streets. The claim- ant states that access to his single family dwelling is limited. The City Engineer does not feel that the access is limited and there is adequate turning space; therefore, denial of claim is recommended. CM-23-194 September 8, 1970 A letter has been received from Thomas H. AB 1271 Willoughby, Committee Consultant of the Assembly Committee on Local Government, stating that due to limited time AB 1271, regarding school land dedication, may not be included on the interim schedule of the committee. The Council felt it would be useful to send a letter to the committee and obtain support encouraging that the bill be put through for interim study. Also, this matter should be presented to the League of California Cities for inclusion on their agenda for the meeting to be held in November. RESOLUTION NO. 123-70 A RESOLUTION REQUESTING SUPPORT OF THE LEAGUE OF CALIFORNIA CITIES FOR SCHOOL LAND DEDICATION. * * * A letter has been received from the YMCA Ecology Club regarding placement of litter recepticles at various locations. As the Beautification Committee is presently working on this matter, it was suggested that this communication be given to them. The staff was instructed to write to the club, thanking them for their interest. YMCA Ecology Club Re Litter Recepticles * * * Applications for exempt business licenses have been received from the following: Exempt Business Licenses American Association of University Women - various fund raising activities to restore barn for LARPD Livermore High School - various fund raising activities Gamma Alpha Kappa - Beta Sigma Phi - sale of used books on October 3 and Bazaar, Dec. 5, for charitable and service work in aiding mentally retarded. Springtown Women's Club - Rummage sale on Sept. 4 for upkeep of Recreation Center in Springtown Apostolic Faith Temple - candy sale to raise money to purchase property Livermore Jaycees - various fund ralslng activities to assist with housing for elderly and Emergency Fund Center * * * One hundred forty claims in the amount of Payroll and Claims $53,876.83, dated August 31 were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrants No. 8329 and 8342 and Mayor Silva abstained on Warrants No. 8295 and 8359 for the usual reasons. * * * On motion of Councilman Miller, seconded by Councilman Pritchard, the Consent Calendar was approved unanimously. Approval of Consent Calendar * * * The City Manager stated he had not had an oppor- tunity to review the report re fee increases which had been prepared by the staff in his ab- sence, and due to its size and complexity, and REPORT RE FEE INCREASES CM-23-195 September 8, 1970 (Report re Fees) because the staff would like to prepare summary sheets, he assumed the Council would not be in a position to conclude any findings, but rather might wish to refer the matter to an early study session. Mr. Parness pointed out there were two basic issues - one used to com- pile the fee and the other a decision on the fee itself, which issues the Council must resolve. The members of the Council felt that it would be best to discuss this matter as soon as possible; dates were discussed when all Councilmen might be present. It was decided to include this item on the agenda of September 21, although Councilman Pritchard will be absent on this date, but will leave his ideas and impresffibns of the study of the proposed fees with Mayor Silva in order that they may be given at the meeting. Councilman Miller pointed out that several of the proposed fees are based on labor costs; therefore the fees should be sufficient to cover costs over the next five years. He also pointed out that public works inspection fees seem to be lower than those in other surrounding communities. Mayor Silva pointed out that previous decision of the Council was to review the fees on an annual basis. The City Manager stated that upgrading of the fees on an annual basis would be relatively simple once a feasible system for arriving at the fees is set. Councilman Miller felt that the factors attributed to development costs by the various departments in the study were too low. * * * REPORT RE PROPOSED COMMERCIAL DEVELOPMENT A report was submitted by the City Manager regarding proposed commercial development of the Airway Boule- vard property. A 2.54 acre parcel, which will be segregated from the balance of the property by the proposed service road for U.S. 580 freeway, might be leased for commercial development such as a service station and restaurant-coffee shop use. If this proposal is agree- able to the Council, the City Manager recommends that the necessary steps be taken for solicitation of competitive bidding for such use. Councilman Taylor pointed out that a hearing has been set by the Planning Commission to consider possible uses and zoning of this general area; therefore, he felt the matter should not be decided until after the Planning Commission hearing. Councilman Miller felt that the ground lease should stay in the hands of the City, but the final decision on the use should be de- layed until after the Planning Commission's discussion. After further discussion the Council concurred that this matter should be placed back on the agenda after the Planning Commission makes its report. Waldo Magnuson, 1073 Miranda Way, stated this will be one of the major approaches to the City and perhaps a service station should not be located here. Since this property was purchased with funds from the old airport, the use should be reviewed and discussed by the Airport Advisory Committee. Also, the FAA will have to advise the City that any revenue from airport land will have to be used for airport development and cannot go into the general fund. He felt further that location of a service station-restaurant would deter development of a restaurant in the golf course clubhouse. The City Manager stated that if the funds derived from leasing this land has to be used for airport development under FAA requirements, then it will be so used. The proposed use will be a highway oriented restaurant and would be an entirely distinctive use from that pro- posed for the clubhouse. CM-23-196 September 8, 1970 A report was submitted by the Public Works Di- rector in regard to the old rodeo barn at the Civic Center site. It was felt that the poss- ible aesthetic conflicts which might be involved in allowing the Cultural Arts Committee to use the facility should be restated. The City Manager recommended that this report be taken under consideration and filed as the Council has already taken a course of action in this matter. REPORT RE BARN IMPROVEMENT (Civic Center Site) Discussion followed relative to negotiations with the prime freeway contractor for excavation of fill from this site, and whether the barn would interfere with this work. The Public Works Director stated that leaving the barn would only have a minor effect on the excavation work and final grading. The City Attorney stated he was preparing the agreement with the LARPD for use of this facility and it was his understanding that a provision was to be included that the barn would be used by the Cultural Arts Council. The CAC attorney wished to broaden this to apply to Cultural Arts groups. This was agreeable to the Council. * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. * * * Bids have been received on a 4-wheel scooter for the Golf Course as follows: REPORT RE GOLF COURSE SCOOTER BIDS Cushman West Coaster Cal Turf' (CONY) $ 2,396.50 1,760.00 1,640.00 Due to the good experience with the existing Cushman Scooters and since the West Coaster is unproven, it is recommended that the Cushman bid be accepted. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, to accept the recommendation for the acceptance of the bid by Cushman for the scooter; the motion was approved unanimously. * * * The Planning Director pointed out that the staff report indicates the history in this matter, be- ginning with the illegal erection of the sign. Soon after the erection of the sign, the sign ordinance was amended to allow this type of sign; the sign area was increased but a setback was added as a require- ment for all freestanding signs of this type. After the sign ordinance was amended, the staff processed the pending variances. The issue involved is the setback, not the size of the sign. The Planning Commission has denied the request for variance to allow encroachment into the setback. The sign should be located twenty feet from the curb under the ordinance, but is located about ten feet from the curb now. APPEAL RE DENIAL OF VARIANCE (Drs. Sweedler) Burke Critchfield, representing the applicant, stated that the architect who designed the building made the assumption that the sign ordinance was the same as in Lafayette; it was discovered after erection of the sign that it was not allowed and that a sign permit application had not been made. As soon as the applicants found that the sign was not in accordance with the ordinance, they talked to Mr. Musso who advised them to wait until the ordinance was amended before taking action. Mr. Critchfield pointed out CM-23-197 September 8, 1970 (Variance - possible locations for the sign on the property, Drs. Sweedler) but stated the present one seemed most logical. Councilman Taylor stated that if this sign is allowed in this zone, then other establishments will want to place signs not allowed by the ordinance. The City Attorney was asked if undue hardship would be grounds for variance, but he pointed out that erection of the sign by mistake could not be considered as creating undue hardship. Councilman Miller felt that if something is done in violation of the law, such as the erection of a sign not conforming to the ordi- nance, then that construction should be torn down before request is made for variance. Councilman Taylor made a motion that variance be granted for erec- tion of this sign as far back as possible in the planter and placed parallel to the street. He stated he did this reluctantly as the sign would be in violation of the ordinance. The motion was second- ed by Councilman Pritchard. Mark Eaton, 441 Jackson Avenue, said he had driven around the City looking at signs, in particular those of the two new service sta- tions on Murrieta and Stanley Blvd. He did not see the difference in these signs and the sign being considered for variance. Councilman Pritchard stated he was in agreement with Mr. Eaton's viewpoint, but since he felt he was in the minority he was willing to compromise and second the motion. Mrs. Silia Baker, 541 Bell Ave., felt the law should be followed in regard to the sign. Councilman Miller did not feel it was possible to make the findings for a variance for this sign; the sign was erected illegally and the argument that the ~ign was erected by mistake is not sufficient. He felt it was unfair for some to abide by the law the then have it overturned by allowing this variance. Councilman Beebe said he did not see being hardnosed about this when signs for other adjacent medical buildings are allowed, even though they mwbe in different zones. The motion to allow a variance was passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * ZO AMENDMENT Sec. 20.60 and Sec. 20.34 Mr. Musso stated it was important that Section 20.60, Accessory Structures and Uses, and Section 20.34, street Frontages, of the Zoning Ordinance be amended and these changes would clarify certain portions of the ordinance. This matter was set for public hearing on September 28. * * * ENFORCEMENT Ch. 10 of City Code At its meeting of August 25, 1970, the Planning Com- mission discussed Chapter 10 of the City Code, par- ticularly the section relating to regulations re garbage pickup and dumping. The City Manager stated that the City departments would be instructed in this regard. * * * CM-23-198 September 8, 1970 Tentative map of Tract 3239 was continued from the previous meeting for clarification of the number of lots to be allowed in Tract 3064, and a report summarizing the events leading up to the present in this regard was submitted to the Council by the Planning Director. TENTATIVE MAP TRACT 3239 (Kaufman & Broad) Mayor Silva stated he did not feel that a definite conclusion had been reached previously with regard to these lots. Councilman Miller, on the other hand, pointed out that definitive statements were made throughout the minutes, as indicated in the report, that the lots were not to be replaced. There was no direct motion made on it, but there was a motion limiting the number of lots in Tract 3064 which made the question of the fo~ lots specific. What actually happened was the Council decided they would not settle the total number of lots between Tract 3064 and the front property (the multiple) so the motion failed. It was not a denial of the four lots; because the four lots were out because of the cabana club was a consistent pattern throughout the whole discussion. The second thing was that the last action of the Planning Commission was approval of the 199 lots and since the Council did not reverse that, the total number of lots is 199, which includes the cabana club so the four lots have already been taken out. Mayor Silva stated he did not recall the discussion to take the four lots out or leave them in, but he did recall discussing the number of units allowed in the whole PUD, which was 1291; then the four lots came up for discussion and the matter was never resolved. He felt this was mainly because you can have as many lots as per- mitted in the RL-6, based on the number of apartment units, and no number was set for Tract 3064. Councilman Miller agreed, but stated that portion of Tract 3064 which includes the cabana club is set at 199 lots. Mayor Silva did not recall this, and stated he thought the dis- cussion was they could have as many lots as allowed under the RL-6 zoning based on how many units they had in front, and the overall PUD was 1291. Councilman Taylor commented that he did not remember the number 199, but felt Mayor Silva was correct in that there were a certain number of lots they were discussing, but when the cabana club appeared, they were talking about whether they should give credit or not for that space and decided it was not a public facility, but a private venture 8wned by the citizens owning adjacent homes and the four lots should be subtracted from the total because of the cabana club to make their decision consistent with policy. Councilman Taylor further stated the report indicates there is a difference of eleven lots over the last official action and felt this was something new on the scene. Mr. Musso explained that he had reviewed the official minutes and found no definitive action where a formal motion was made regard- ing the four lots. With regard to the additional lots, he felt there was a mathematical error along the way - 199 was the number specified for this development. As far as the total number of lots, it should still come out to 1291 or 1287, depending on the decision of the Council. Councilman Taylor stated that since they do not allow a transfer of lots for a private facility, suggested they allow 1287 and subtract the four lots. Mayor Silva stated he might agree with this, and it was a fine argument, if they had not made some other decision prior to this. If they have not made another prior decision, then it is a whole new llball gamell and the present Council should make the determination, CM-23-199 September 8, 1970 (Tract 3239) Councilman Miller felt it was resolved and the rea- son there was no formal motion was because there was no tract before them on which to make a final deci- sion, and again pointed out that as shown in Mr. Musso's report, everywhere in the minutes there was to be no credit for these four cabana club lots. Councilman Miller again referred to the paragraph in the report with regard to the definitive state- ments that the four lots were not to be replaced. Councilman Pritchard reminded him that the next paragraph indicates that a motion made by him deleting the four lots from the number 1291 was denied, however Councilman Miller stated that the denial was based on other factors, and explained the intent of the motion and the reason for the denial. Councilman Beebe reminded the Mayor that they had voted unanimously to refer to the minutes of the previous Council's action on the matter, and if the last paragraph of the Planning Director's report says that, it would appear that the last action was that of June 2, 1969, where 199 lots were assigned to the last two units of this subdivision rather than the 210, and if this is spelled out in the minutes, this is what they had agreed to abide by; if it is not spelled out in the minutes, the statement is not correct. Mayor Silva agreed this was true; however the minutes were not clear and that was the reason for the problem. Mr. Musso read an excerpt from the letter of the Planning Commission as follows: "At the conclusion of discussion, the Planning Commission tabled any further action, pending submittal of an amended map or re- view of a final map with instructions to the developer that 199 units should be assigned to the remainder of tenta~ive Tract No. 3064." This information was, in turn, transmitted to Mr. Varni by the City Clerk, so the matter was just dropped, leaving it at that. Mr. Musso stated that as far as Tract 3064, there was no change, and even though there is a conflict in numbers, between 199 and 210, he felt it is an error along the line that the developer should not get in- volved in or be penalized for and did not know how it might have happened. Councilman Taylor stated that regardless of which figures are used, the issue is whether to allow credit for the cabana club lots. The map before them has 39 lots, four of which replace those occupied by the cabana club in another tract. Therefore, they are talking about 1291 lots with no cabana club or 1287 with the cabana club. Mayor Silva questioned if this meant that if the applicant wanted more cabana clubs lots would be subtracted for each one. Councilman Miller said this would be the developer's choice - lots for houses or cabana clubs. Councilman Taylor stated that the developer could choose to build houses or to build the cabana club, which expense would be considered as a sales feature; this would be the developer's choice. At one time the plan called for two churches, but these were eliminated and replaced with lots. On the other hand, they chose to build the cabana club on four lots rather than houses. Dennis O'Brien, representing Kaufman & Broad, the applicant, stated that the tentative map for Tract 3239 has 43 lots, approved by the Planning Commission by a 4 to 1 vote. The subject of credit for the four lots was debated at the meeting of the Planning Commission; their majority conclusion was that the map should be approved with the four lots included. There have been two final maps approved: Tract 3064 for 70 lots; 3196 for 63 lots; 3222 for 167 lots and 3239 for 43 lots, for a total of 343 lots. Rather than using raw land for the cabana club, they used these four lots. People are looking for recreation and this is one of the reasons the cabana club CM-23-200 September 8, 1970 was built. His understanding at the last meet- (Tract 3239) ing was that this matter would be on the Consent Calendar for approval of the lots according to the number stated in previous minutes. /-- Mr. Musso pointed out that the Planning Commission had taken action on the four lots, but that the Council had not done so. Mayor Silva added that the minutes do not reflect either 1291 or 1287 lots overall as a formal motion. Mr. O'Brien stated there was no number given in a formal motion but the various amendments had always added up to 1291 and previous discussion, including Mr. Miller's motion, did not state the total would be definitely reduced. Councilman Miller stated that Mr. O'Brien should also remember that during the discussion of the cabana club the Council agreed that if the cabana club were included the total would be 1287. The fact that there was no formal motion was because they were not making a formal motion on that tract map at that time or on the total number of units in the permit. All the discussion was tied up with their townhouse proposal and the number of units in Tract 3064. But the intent, in all the discussions, was that if the developer puts in the cabana club, then four lots would be subtracted. Subtracting these four lots satisfies existing City policy adopted by the Council in their General Plan. Mr. Musso said that the Planning Commission had approved the four lots since the applicant stated this cabana club was for all the area and, therefore, should be considered as open space. Councilman Miller did not agree that this should be considered as open space, and after further discussion read that portion of the General Plan pertaining to such uses as the cabana club, which is a quasi-public use and is, therefore, excluded in counting density. Mayor Silva felt that the Council was concerned with providing open space for public use, and it seemed this policy discouraged open space. The Council briefly discussed cabana clubs, their dedication and use, and whether or not they should be used as open space and are they to be considered as public facilities. Mayor Silva stated that according to the policy given in the General Plan the four lots should not be allowed for the cabana club. Jack Phillips, 551 No. P Street, asked how allowing the four lots for the cabana club would change the size of the other lots since they must be 6,000 sq. ft. under the RL-6 zoning; therefore, how could this affect the open space. Mr. Musso stated that RL-6 would not apply under this PUD permit. Mr. O'Brien pointed out that the lots are 7500 sq. ft. so the developer is not cramming lots to get the four additional ones. In addition, 1291 dwelling units had been approved for the entire development; the disposition of those units over the front and back portion was never resolved. They are not asking for more units than were approved. Councilman Taylor said he realized Mr. O'Brien's argument that 1291 units had been approved, and the PUD had never been amended to reflect the change when the cabana club was approved. CM-23-201 September 8~ 1970 (Tract 3239) Mayor Silva inquired if the four units could be deducted from the apartment units to be built, but was advised that plans are already in the hands of the building department. Councilman Taylor made a motion that this final map of Tract 3239 be approved with 39 units, rather than 43; the motion was seconded by Councilman Miller. After further discussion, Councilman Taylor withdrew his motion and Councilman Miller withdrew his second. Councilman Taylor then made another motion to allow a total of 1287 units for this PUD, and it was seconded by Councilman Pritchard. The City Attorney advised that the PUD permit was approved for 1291 units and amendment of the PUD was not before the Council; the matter before them was to see that the tentative map agreed with the PUD permit. Councilman Miller stated that the permit indicated that the number of units shall not exceed 1291, but does not say there must be 1291 units. Mr. Musso read from the PUD permit as to how the 1291 units had been calculated; the cabana club was approved subsequently. Councilman Taylor felt that according to the City Attorney's state- ment the Council could not do anything. There is a map before the Council which conforms to the zoning and PUD and according to the Council's thinking the four lots should be deducted from the total, but the permit had not been changed. The City Attorney explained that in order to exercise the choice of subtracting the four lots from the tract map or the apartments approved, then the permit would have to be amended and the applicant would have to accept it. If the applicant does not agree, then the tract map would have to be amended and this would make the tract map out of agreement with the permit. On the face of the permit, to subtract the four lots, an amendment of the permit would be required. Councilman Taylor stated that it was just a gross oversight that the PUD had not been amended, the map before them was in conformance and there seemed to be no basis for denial. Councilman Miller felt this matter should be studied by the City Attorney to see if there is a way to comply with the intent of the Council to delete these four lots. With the opinion of the City Attorney before them, the Council could then make a decision. The City Attorney stated he could review the matter, but felt that his opinion, based on present knowledge, would remain the same. Councilman Beebe made a motion to honor the previous records of the Council when the PUD was extended and whereas the intent was for 1287 units, the PUD must therefore be amended, with the consent of the applicant, to subtract four units from the apartments. The applicant was not agreeable to amendment of the PUD. Councilman Miller made a motion to postpone resolution of this matter for one week to allow review by the City Attorney, seconded by Councilman Taylor. The motion was subsequently withdrawn as the applicant must consent to a continuance and did not agree to a continuance. Councilman Pritchard made a motion, seconded by Councilman Taylor, to approve Tract 3239 as submitted. The motion passed by the follow- ing vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller CM-23-202 September 8, 1970 Councilman Miller said that other members of (Tract 3239) the Council always expressed their disapproval when he raised questions and wished to read over permits and make things explicit. In this case, the few extra minutes it would have taken to read 8ver the permit would have saved an hour and a half and kept this matter within the policy of the General Plan. Councilman Taylor said to assume that the Council would not have been in these circumstances if they had only listened to Council- man Miller was a gross assumption. Councilman Miller had not presented any legal basis for any other action than the one taken by the Council and there was no need to berate the Council for their vote. Councilman Pritchard replied that he did not think the present Council had said anything about Councilman Miller's insistence on checking over details, and further felt that the action taken tonight was the only action they could take. Councilman Taylor stated that Councilman Miller had served the City by taking time to go over the permits in detail. Councilman Beebe said ne felt it was grossly improper for one Councilman to try to exert his influence over the opinion of all the other Councilmen. Councilman Miller may not have intended his remarks to sound this way but they have. He felt much of this problem would be eliminated if the Council would go to the system of having alternate study sessions and Council meetings. * * * A rezoning application has been submitted by Associated Professions, Inc. for property lo- cated on the south side of U.S. 580, easterly of Airway Boulevard. Also, an application has been submitted for a Planned Unit Development Permit. Both matters were set for public hearing * * * REPORT RE REZONING AND PUD PERMIT (Assoc. Professions: on November 2nd. The Planning Director reported that an applica- tion for a Conditional Use Permit has been sub- mitted by Groth Bros. to allow an auto related business in the CB-2 (Central Business) District at 1962 First street. The Planning Commission recommends approval, subject to conditions outlined in their Resolution No. 25-70. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to approve the Planning Commission's recommendation for approval of the CUP. The motion was passed unanimously. * * * CUP at 1962 First street (Groth Bros.: Consideration of a Zoning Ordinance amendment to Section 21.40, Off-Street Parking, was con- tinued from the meeting of August 10, 1970, at the request of the Chamber of Commerce so they might review the ordinance and present comments. A report and comments had been prepared by and was referred to the Planning Commission for their tion and report, with a copy of Mr. Musso's letter. * * * The minutes of the Planning Commission meeting of August 25, 1970, were acknowledged. * * * Z 0 AMENDMENT (Sec. 21.-40, Off-Street Parking) the Chamber, considera- MINUTES (Planning Commissior CM-23-203 September 8, 1970 PROPOSED ORDINANCE (Amend Ch. 20 re Parks) MATTERS INITIATED STAFF (BART) The City Manager requested that the first reading and introduction of the proposed ordinance amend- ing the Livermore City Code regarding the provision for neighborhood parks in regard to standards and design of Chapter 20 be continued for two weeks until September 21. * * * The City Manager reported that the BART Board of Directors are meeting September 10 to consider a policy statement. Also, he had attended a meeting of the Chamber of Commerce Board of Directors at which time the BART representatives explained their views. The conclusion of the action taken by the Chamber Board of Directors was consistent with action taken by the Alameda County Mayors' Conference last week. Essentially, the policy that the BART Board is being asked to support is that they be allowed to join in the planning exercise with other areas that are not incorporated within BART now for a regional master plan of transportation; secondly, that they reaffirm the policy of the Board that rail line service be given first priority to areas such as eastern Contra Costa County, Livermore-Pleasanton area and South San Francisco. He re- commended the adoption of a resolution with the wording adopted by the Alameda County Mayors' Conference. BY Councilman Miller stated that at the Mayors' Conference it was discussed that San Mateo County was interested in being serviced by BART, even though they have not been paying into BART over the past years. Contra Costa County people are concerned that their area would be delayed in obtaining service. After further discussion, a motion was made by Councilman Miller, seconded by Councilman Pritchard, to adopt the following resolution, which was passed unanimously. RESOLUTION NO. 122-70 A RESOLUTION REQUESTING BARTD BOARD OF DIRECTORS TO REAFFIRM AND ESTABLISH POLICY RE PLANNING AND LINE EXTENSION. MATTERS INITIATED BY COUNCIL (Study Session) * * * Councilman Beebe stated he would like to see some serious consideration given to his proposal for a study session every other week rather than a Coun- cil meeting each week. Perhaps in this way some of the pressure could be taken off and some of the pro- blems would be solved. The Council discussed the pros and cons of this proposal as well as the suggestion that the agenda be prepared on Thursday rather than Friday. Councilman Beebe felt this could be discussed at the League of California Cities meeting with Council members from other cities. (Trees on U.S. 580) * * * Councilman Miller spoke in regard to the eucalyptus trees recently removed along U.S. 580 and stated action should have been taken to prevent their removal years ago. Councilman Taylor suggested a letter be written to the Department of Highways that these trees be replaced with others which would be growing. Mr. Lee said that landscaping was not included in the present contract but would be done later. CM-23-204 * * * Councilman Miller stated the Senior Citizens were trying to fight a proposed telephone rate increase, and he felt the City should support them. September 8, 1970 (Telephone Rate Increase) Mr. Parness stated it would be difficult to oppose such action other than expressing a statement that the service is not satis- factory and a rate increase is not, therefore, justified. Councilman Miller felt the comments should be addressed to the members of the PUC, not the staff; so it might be useful for the City to send a letter objecting to the increase. Councilman Taylor stated they cannot be against all increases. The telephone representative was before the Council not too long ago talking about services to other areas and they are going to propose direct dialing service to the City on a trial basis if it is subscribed to. A representative of the telephone company present in the audience stated before a letter is sent objecting to any increase, he felt the telephone company should be given an opportunity to present their reasons for requesting a rate increase. The Council agreed to this, but after some discussion decided not to write a letter or to have a report submitted and dropped the matter. * * * There being no further business to come before the Council the meeting was adjourned at 12:25 a.m. to an executive session to discuss an appointment to the Planning Commission and an appointment to a guideline committee for design review. ADJOURNMENT APPROVE * , /""Mayorl' / \ ' . I / : ~ ,/ : -l ~ / l IT1 \.-// <7 ' I 1(\ x / . ~ pI _ ATTES~;<- ~'.fL{ ./_---... \ ~_. i)'--C-C/l ------ / Ci t..J[.., Clerk ~iver-more, California * * * Regular Meeting of September 14, 1970 A regular meeting of the City Council was held on Monday, September 14, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:10 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Mayor Silva ABSENT: Councilman Miller ROLL CALL * * * CM-23-205 September 14, 1970 OPEN FORUM Mr. William Bankert, 1838 Broadmoor street, stated he was speaking on behalf of himself and some resi- dents of Greenville North, regarding a rumor that there is to be a low cost housing project in their area and requested the Council's aid in obtaining the facts about this matter. (Low Cost Housing) The City Attorney stated he had talked with a local realtor who had been taking deposits on homes to be built by the Bevilacqua Brothers Co. on some lots in the Springtown area as well as some in Green- ville area. The houses to be built are regular tract houses built by Bevilacqua, and the prospective buyers would have support of the payments through federal grants. In order to qualify a family would have to have a monthly income of $500 but not more than $800. In addition, Mr. Lewis said he had read in the paper a few days pre- vious that this program would be discontinued and any deposits would be refunded as federal funds are not available under this particular program. However, they are continuing to investigate the possibility of other federal support. It is, therefore, not a low cost housing project as such, and does not concern the City as long as the houses are built to specification and comply with lot standards. Joe Urban, 1758 Broadmoor street, said the question in their minds was whether people with low incomes would be able to maintain their homes and yards in the same manner as others in the area. Mr. Lewis replied that legally there is nothing that the City can do to require a person to keep his premises up to a certain level. Only such matters as weeds which are a hazard can be controlled. It must just be assumed that the owners will keep up their property. Councilman Beebe pointed out there is another builder in the com- munity who is building under this Federal Grant 235 and the percentage of homes built under this provision to the total is one to nine. * * * (Economy in Local Govern- ment) Robert M. Wright, 3415 Pestana Way, addressed the Council on the matter of economy in local government. He stated several agencies maintain duplicate staff and equipment for such activities as building and ground maintenance. One particular example is the mowing of one part of land by the School District and an adjacent portion by the Recreation Department. He suggested that such acti- vities be combined and that the City might take the lead in this. Mr. Parness indicated a similar suggestion had been made by former Mayor Marguth, and the various staffs met on several occasions to study this problem, and they ran into legal and supervisory problems as well as many other obstacles that had not been resolved. One re- sult was that some articles have been purchased jointly, such as capital equipment and grounds maintenance services and supplies. As to the utilization of manpower, this seems to be almost an insur- mountable problem. In reply to a question by Mr. Wright, Mr. Parness stated that a savings calculation had not been made along this line. Mr. Wright also asked if it were possible for agencies of local government to contract with a non-profit or a profit corporation for such services as grounds maintenance. The City Attorney replied that it is possible with the qualification that employees who have obtained civil service rights cannot be denied employment by contracting with a private employer. * * * CM-23-206 September 14, 1970 Stuart Smith, 321 Virginia Drive, said that (Density) some time ago he had written a letter to the Council regarding combining the various local . governmental agencies so that zoning and planning might come under one agency in order that densities might be controlled throughout the Valley. He asked about the disposition of his letter. Planning Director George Musso said Mr. Smith's letter had been mainly concerned with density transfer and the Planning Commis- sion has requested that the present policy on this issue be re- viewed and discussed and perhaps adopted as a part of the General Plan. Councilman Taylor stated that the County would not give up their control to the City and as far as land use is concerned it seemed hopeless that the City could obtain control. Mayor Silva stated that the Valley Planning Committee is also working on this sugges- tion. * ..... * * Mr. George Frank, 5943 Singing Hills Avenue, asked if there were any plans for a park to be constructed or a shopping center to be located in his area. (Park-Shopping Center) Mr. Musso replied that at one time there was a shopping center planned on Vasco Road, but there are probably not enough people at this time to support a center. The School District has pur- chased a site, and the park is under temporary development and will be dedicated at some time in the future but does not have to be done at this time. Robert Silva, 5851 Crestmont Avenue, inquired why a park was not required when Bevilacqua's permit was renewed. Mr. Musso stated the permit was not renewed; the developer is allowed to finish building on the lots already subdivided but cannot file any more subdivision maps. There are seventy lots in the first unit and the second tract which has not been built. The park is a part of the annexation agreement, not of the permit. * * * CONSENT CALENDAR The Livermore-Pleasanton Rod and Gun Club, Inc. has applied for a contract that would extend domestic water service to their property lo- cated on Dagnino Road. The contract would provide service from the City's source of supply at Raymond Road and Ames Street, a distance of about 1700 feet westerly for deposit of water from a 2-inch transmission line into an on-site reservoir. All costs of installation will be borne by the applicant and all connection fees and service charges would be payable. The service can be terminated if incorporated properties demand the supply under emergency conditions and a can- cellation provision is stated with a 60-day notice. Water Service - Livermore Rod and Gun Club, Inc. Mr. Manuel Mingoia, 2325 Palm Avenue, representing the Club, pointed out that the club is non-profit and used by its members for recreation, but it is also used for training by public agencies as stated in letters from the Sheriff's Department and the City of Livermore. He, therefore, felt that in light of this public use the City should allow consideration on the fee for the meter installation of approximately $450. In addition, they are to be required to pay a storage fee of about $150. Mr. Parness stated he had informed Mr. Mingoia that to date the City had not reduced fees for private organizations. CM-23-207 September 14, 1970 (Water Service Rod & Gun Club) Appointment- Planning Commission Minutes Payroll and Claims Approval of Consent Calendar ZONE 7 - PROJECT 2 The Public Works Director indicated he would work with the organization to keep the costs to a mini- mum as the $450 for the meter installation is only an estimate. Mr. Lee also stated that if the fee were reduced the cost would then have to be borne by the water service users, which is only a small percentage of the City residents. RESOLUTION NO. 124-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT * * * Councilman Pritchard requested that the item for resolution of appointment to the Planning Commission for Commissioner Futch be removed from the Consent Calendar for discussion later in the meeting. It ~as decided that it should be considered in an exe- cutive session at the close of the regular meeting. * * * The minutes of the Planning Commission meeting of September 1 were acknowledged. * * * Seventy-eight claims in the amount of $61,901.61 and two hundred fifty-four payroll warrants in the amount of $78,049.24, dated September 10, 1970, were ordered paid as approved by the City Manager. Councilman Beebe abstained from voting on Warrant No. 8431 and Councilman Pritchard from No. 8425. * * * A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to approve the Consent Calendar; the motion was approved by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: None ABSENT: Councilman Miller * * * A report was submitted by the City Manager regarding Zone 7 Project 2 proposal. Zone 7 is actively seek- ing endorsement from local agencies for 'the passage of the proposed general obligation bond issue to appear on the November ballot. The City Manager stated he had received a letter from California Water Service requesting the City to join with them in distributing a brochure to water customers in regard to the Zone 7 Project 2 proposal. Before the City's name can be included on the brochure, the Council must approve it, and also matters regarding cost must be resolved. California Water Service Co. will assume the cost of printing and mailing. Councilman Taylor said that it seemed there was no alternative to supporting this plan; there must be provision made for a future water supply for the Valley and no other plan has been presented. A motion was made by Councilman Taylor, seconded by Councilman Prit- chard, to endorse the Zone 7 Project 2 and enter the name of the City as a co-sponsor on the brochure. Councilman Beebe felt that supplying water must be a joint Valley effort and the project is necessary as a long term objective. CM-23-208 The motion was passed by the following vote: September 14, 1970 (Zone 7 - Proj. 2) AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Mayor Silva None Councilman Miller Mayor Silva stated that Councilman Miller had previously stated that he did not endorse the project. * * * At the City Council meeting of July 27, 1970, an appeal was made by Mr. Ernest M. Bobson, de- veloper of Livermore Research and Development Park, that consideration be given to him for the formation of a benefit district for the sanitary sewer line servicing his acreage and also for the domestic water line front- ing his property along East Avenue. The matter was referred to the City Manager for resolution. REPORT RE SEWER SERVICE DISTRICT (Ernest M. Bobson) A report has been prepared by the City Manager outlining his re- commendation for settlement and also listing a compromise pro- posed by the applicant as follows: Payment by Developer and Water Line Less Cash Deposit Total Contractee: $ 2,161 994 "$ 1,167 Add: Annexation Fee TOTAL $ 448 "$ 1,615 If such a cash payment is acceptable by the City, the developer and contractee (Bobson and Hutka) are agreeable to waiving all rights that may be accruable under the two benefit districts des- cribed which represent an amount subject to their repayment of $6,452 (benefit district total). Mr. Parness further indicated that acceptance of this settlement should be made entirely sub- ject to the receipt by the City, within a reasonable time, of qualified easements for the sanitary sewer line servicing the industrial park. If such is not done, it is further recommended that the usual benefit district arrangement be established with the cash payment requirements as quoted and the easements will be attained through statutory means. A motion was made by Councilman Beebe, seconded by Councilman Taylor, to accept the City Manager's recommendation for settle- ment regarding the Bobson sewer/water line installation. The motion was approved as follows: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Mayor Silva None Councilman Miller * * * The City Attorney stated that the Border Patrol has again asked to rent two spaces at the air- port; the agreement has been prepared for the year September 1, 1970 throughAugust 31, 1971, for $1,000 payable in installments. Mr. Lewis further stated that the Border Patrol has requested that the period covered by the contract be extended to cover two years if this is agreeable to the Council. MATTERS INITIATED BY STAFF (Border Patrol Rental) A motion was made by Councilman Taylor, seconded by Councilman Beebe, to approve the contract with the Border Patrol as stated for a period of two years. The motion was passed unanimously. * * * CM-23-209 September 14, 1970 The City Manager introduced the administrative intern George Lambert, who has worked for the past three and a half months on several projects. The two pro- jects Mr. Lambert has investigated at length are the Business License Ordinance and Industrial Develop- ment brochure. Also, he has submitted a reevaluation on the City's employee performance reports. REPORT OF ADMINISTRATIVE INTERN Mr. Lambert stated he had considered mainly the ability of the busi- ness license fees to contribute to the City's total revenue. A review of several other cities indicated that their license fees contributed about 2% of the total revenue; the City of Livermore has dropped in the last three years from about 1.79% to 1.57% which is quite a decrease in the potential of the business license revenue. The second phase of consideration regarding the business license ordinance was whether it should be regulatory or revenue measure. The League of California Cities suggests that there should be two ordinances - one which is regulatory and the second for revenue. The City's ordinance is not too well worded as far as showing this distinction, and it should probably be reviewed. The business license ordinance has not been keeping up with the times in providing revenue since 1959. In 1960 the structure of the ordi- nance was changed so that any business with gross receipts of more than $500,000 would pay a set fee, which is now $250.80. This causes the ordinance to be slow to reflect the growth rate of the City. Mr. Lambert stated he felt the business license revenue should reflect the City's business economic sector better than is shown by the pre- sent structure. Livermore is in the bottom one-fifth of cities according to the percentage of total current revenue of 1.57%. His report indicates changes in the fee structure which would increase this to about 2.6% and would place Livermore in the upper 50% bracket. The amount of revenue produced through business licenses in 1959 compared with 1969 shows that revenue potential has dropped. The ordinance was changed in 1962, he understood, due to the business community's desire to limit the amount of revenue to a certain level. He had looked into the possibility of using a different sort of schedule, based on mills per dollar, which would compute a growth factor into the business license ordinance. This would raise the revenue at least 40% and perhaps 60%. The basic problem which would have to be solved would be classification of businesses. Mr. Lambert discussed classification of various types of businesses as well as some businesses which are not presently taxed, such as public utili- ties and mobile home parks. Mr. Lambert concluded that the business license ordinance should be changed to reflect a growth factor in the business license rate schedule to provide a progressive type of ordinance. * * * MATTERS INITIATED BY COUNCIL (Greenville Road Area) Mayor Silva stated he had recently been contacted about some property in the Greenville Road area east of the City. The General Plan does not designate this area in much detail in regard to density. He felt that this area should be reviewed by the Planning Commis- sion and included in the General Plan. Councilman Taylor stated he felt that leap frog development should be avoided, and perhaps this area should only be reviewed through a General Plan review. Designating land a good distance away from present development as residential might just encourage that land to be prematurely developed as residential. We must be careful how the General Plan is extended. Mr. Musso stated this area was now designated as agricultural. The Planning Commission was directed to look at this area in regard to density. CM-23-210 Mayor Silva issued a Proclamation designating the week of September 20 through 26, 1970 as Symphony Week. September 14, 1970 PROCLAMATION (Symphony Week) * * * There being no further business to come before the Council the meeting was adjourned at 10:10 p.m. to an executive session to consider a Planning Commission appointment. ADJOURNMENT APPROVE * ATTEST ., (~ <-( ,~ 0-~,''''2- City Clerk Livermore, California * * * Regular Meeting of September 21, 1970 A regular meeting of the City Council was held on Monday, September 21, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Miller and Mayor Silva ABSENT: Councilman Pritchard ROLL CALL * * * On motion of Councilman Beebe, seconded by MINUTES Councilman Taylor, and by unanimous vote, the minutes of September 8th were approved as submitted. By the same motion the minutes of September 14th were approved as sub- mitted; however, Councilman Miller abstained from voting on these minutes as he was not present at that meeting. * * * Jack Phillips, 551 North P street, suggested OPEN FORUM an ordinance prohibiting verbal abuse of a police officer. The City Attorney advised this type of ordinance would not be of value and upheld by the courts as the use of abusive statements would be vague and indefinite as to application under the circumstances. It was generally agreed that police officers should be respected and the problem was not, in fact, very bad in Livermore as it is in Berkeley or elsewhere. * * * CONSENT CALENDAR A communication was received from Alan S. Hart, District Engineer, Division of Highways, in answer to the City's communication regarding tree planting to replace those cleared near the Communication re Tree Planting airport, explaining CM-23-211 September 21, 1970 (Communication re Tree Planting- continued) Report re Civil Defense Opera- tions Plan Revision what was involved in aligning highway inter- change construction, and the ultimate decision allowing the trees to be cut. Landscaping is planned in the future. * * * A report submitted by the City Manager explained that the Civil Defense Operations Plan had been revised to reflect some minor changes in personnel and organization, and is a require- ment imposed by the Federal Office of Emergency Planning so that qualification can be made by us for federal grants under this program. The recommendation was for adoption of the plan by resolution. RESOLUTION NO. 125-70 A RESOLUTION ADOPTING A CIVIL DEFENSE AND DISASTER PLAN Departmental Reports Exempt Business Licenses Approval of Consent Calendar REPORT RE WASTE RECYCLING PROPOSAL * * * Departmental reports were received from the following departments: Airport - activity and financial - August Building Department - August Fire Department - July and August Golf Course - August Justice Court - July Water Reclamation Plant - July and August Police and Pound Departments - July and August * * * Exempt business license applications were received from the following: Alameda County Cow Belles - rummage sale on November 14 ALSAC (Aiding Lukemia Stricken American Children) - money solicitation during December, 1970, for maintenance of st. Jude Children's Research Hospital * * * On motion of Councilman Miller, seconded by Councilman Taylor, and by unanimous vote, the items on the Consent Calendar were approved. * * * City Manager William Parness explained that several weeks ago a group of interested and con- cerned citizens transmitted a report urging that recycling of waste materials be practiced by our community, and it was felt that something could be worked out in this field; there is potential and one of the primary agencies that would be involved is the Livermore Disposal Service. There are a number of related items that must be resolved, and the staff would like an opportunity to discuss these further, especially relative to insurance and leadership, the source whereby the materials may be deposited, potential revenue. Mr. Parness indicated that with the subscription of the Council to the idea, and the staff working with people interested in the subject, and the disposal service, the plan can be put into operation. Councilman Taylor made a motion to implement the City Manager's CM-23-212 recommendation, seconded by Councilman Miller, and it was approved unanimously, after several speakers from the audience outlined their projects. Walter Ridgwell, 870 Seminole Drive, commented that he headed the paper project presently underway and sponsored by the LDS Church. They were shipping paper collected through newspaper drives to the Garden State Paper Company in Pomona who are in the business of recycling paper into newsprint as opposed to shredding it up as other companies are doing. They started in June and have conducted seven drives and are shipping 50 tons a month to Pomona and are able to afford groups $7.50 a ton. A program is in operation with facilities for handling in the way of equipment, drop boxes for handling at various locations, and arrangements for insurance and feel they are providing the need for Livermore. They have also made contacts with various companies for the purchase of glass, aluminum and tin and are interested in working with as many groups as possible, and if they have the sanction of the City Council, they would appreciate it. September 21, 1970 (Report re Recycl- ing Proposal) Mayor Silva stated he had not heard of the efforts of the group until now, and suggested that the Council include them in the committee and work with the LDS group in a joint effort. Lloyd Jansen, 516 Adelle Street, representing the YMCA Ecology Club, advised they also had a recycling center once a month and would like to be included on the committee. * * * A report re fee increases had been prepared REPORT RE FEE by the staff and presented to the Council at SCHEDULES the meeting of September 8th, and after some discussion this item was continued until this time. The City Manager explained that there are actually three topics to be discussed with reference to fees: 1) Planning Fees, 2) Build- ing Department fees - updating, correction and modification of fees by virtue of recommendation that the Council will get having to do with a change as proposed in the new code, and 3) Public Works inspection fees in which an amendment is suggested. He did feel that there was not a great deal of controversy but a great deal of attention would be directed to the Planning fees as they are more numerous and more attention has been centered on them as to the factors that go into the formula. Mr. Parness further explained that the staff recommendation for the increase in fees was based upon thorough investigation of the actual overhead and costs to arrive at a reasonable fee. Councilman Miller stated that with reference to the zoning use permit, the object of the game is that fees should cover the cost of handling the matters, and the ones with public hearings run between $64 to $82 and average $70 to $75, and the recommendation was for $50. He felt if the City is really going to bear the cost, the fees should be $75 if there is a public hearing and $5.00 if there is no public hearing. It was suggested that everyone be charged $75.00 at the time of application, and if there is no public hearing they be refunded $70.00. (Zoning Use Permits) This point was discussed as it was brought out that the majority of Zoning Use applications are routine in nature. Mr. Musso explain- ed that the reason he suggested the $75.00 at the time of applica- tion was that the decision for a public hearing rests with him some time after the application is filed, and it would be easier to require the larger amount at the time of application rather than attempt to collect an additional amount at a later time. CM-23-213 September 21, 1970 (Zoning Use Permits) Mr. Parness advised, on the other hand, that it would be a costly administrative matter to collect the higher amount and then be required balance as it would cost $15.00 just to process to reimburse the the money. Councilman Miller stated that the mechanism for collecting is immaterial as long as the amount of the cost was collected. The Council discussed the fact that since the Planning Director would decide whether or not a public hearing would be necessary, perhaps there could be a method of determining beforehand which would require a hearing. Mr. Musso was asked what zoning use permit would require a public hearing, and he replied that a nursery school for over six children would be one. The typical zoning use permit would be for a single family home or a commercial occupancy, and in the past the business license procedure and the building permit procedure ha~been used with no charge. Councilman Miller stated that according to the Planning Director's memo there are three kinds of zoning use permits, and the first two are rather routine and either associated with the building permit or with the business license. Since there is some difficulty in associating these with business licenses, it was suggested that a new class of permit be created--Occupancy Permit rather than Zoning Use Permit. Councilman Miller further stated that the Building Department could handle the single family construction and occupancy permits, and since service is required there should be a fee of about $5.00. At present there are no fees being collected for these. The third category would then require the $75.00 fee -- the Zoning Use Permit on a formal basis for nursery schools, home occupations, major changes of use of commercial buildings and for occasional open land uses. Councilman Miller stated that Councilman Pritchard was in agreement with his suggestion. Mr. Musso stated that rather than a public hearing the Planning Depart- ment now has a procedure, used in some instances, whereby a notice is sent to everyone within 300 feet advising that the Zoning Use Permit is to be approved within a certain time, and they have the opportunity to appeal his decision; if appealed, the application would be referred to the Planning Commission or to the Council. He suggested that on this type of procedure it should be the same fee as for a public hearing. Councilman Taylor suggested that perhaps they should set a fee of $50.00 for Home Occupancy and $75.00 for all others, as he would like to encourage home occupations, and $5.00 for a permit without a hearing. Although Councilman Miller did not agree with Councilman Taylor as far as encouraging home occupations, he and other members of the Council were in agreement on the fees he suggested. As far as changing the Zoning Use Permit to Occupancy Permit, it was the decision of the Council and the staff to discuss this in more detail at a later time after further study by the staff. (Variances) The next item in the fee study was Variances, and Councilman Miller stated that this was another category where substantially less than the cost was being suggested, and the Planning Director's report indicated the reason very often was that the Council feels themselves morally obligated to grant a variance because a person has paid some money for the application; however, Councilman Miller did not feel this Council could be swayed. CM-23-214 September 21, 1970 Councilman Miller continued that variances are divided into two classes: 1) homeowners who want to do something around their homes for which they gain no economic return, and 2) commercial categories who obtain a return on their investments, and suggested that variances having to do with existing residences have a fee of $40.00 as suggested by the staff and all commercial uses, including the developers and people who want signs, pay the full fee of $100.00 for each building, each lot, or each dwelling unit. (Variances-cont'd) Councilman Miller stated this was another item which Councilman Pritchard agreed with regarding the proposed suggestion. There followed a discussion reO"ardinO" "mass" variances (such as the o 0 instance wherein a developer, because of the design of a particular model home, wishes variances on many lots in order to make the house fit the lot), which Councilman Miller stated should definitely be discouraged. However, Councilman Beebe stated all he wanted to see was that the City recovers its out-of-pocket costs only. New home dwellers should not subsidize the existing ones anymore than we should subsidize them. Councilman Beebe felt it would be fair to arrive at a flat charge; then if there are extenuating circumstances, an hourly charge for staff time could be added over the flat charge. After some discussion regarding the fee for variances, and especially with reference to "mass" variances, as there did not seem to be three votes, Councilman Miller suggested again that $40.00 and $100.00 be charged as previously presented. Mr. Lewis stated there was obviously a difference between the two on the face of it; however, even though one is labeled residential and one commercial, there is no difference in the requirements for approval, and the cost to the City is no different between the two. Therefore, in his opinion, it would be illegal to charge more for commercial applications. It is not a revenue producing ordi- nance per se; it is a regulatory ordinance and we are supposed to charge overall and individually only what it costs to do the work. Mr. Musso stated there is a difference between a home occupation and other zoning use permits just in the procedure; the home occupancy procedure essentially just involves a public hearing but other uses involve a public hearing, evaluation of the plan, conditions to approval, so it is a lot different. Mr. Parness added that the recommended rates were not composed lightly and were only done following a great deal of consideration of the nature of the application in each of these types of cate- gories. For the most part variances are~plied for by just John Q. Citizen who wants to build a fence a little higher or keep a couple of rabbits in his backyard. If at all possible, he would urge consideration of a singular fee unless there is a clear distinction as to how they should be applied. Councilman Miller offered as a final counter argument the fact that the City Attorney had mentioned it is hard to justify a distinction between the two categories; yet they are already doing this in the treatment of non-profit groups in sewer connection fees, water storage fees as they have been asked to waive these fees in part and which are cost basis fees which they have cut in half for the benefit of hospitals, schools, etc.; he felt there was no difference in principle. However, Councilman Taylor stated that Councilman Miller was basing distinction on ability to pay rather than cost to the staff for processing the application and had not shown any difference in real cost to the City. CM-23-215 September 21, 1970 (Variances-cont'd) Mayor Silva added that the staff knew the Council wanted permits to pay their own way so they came up with certain figures, and after arriving at the cost figure they made a further recommendation which may have ,been less than the actual cost based on how many were processed per year; further, if recommendation of these rates is accepted, which is lower than the cost, the applications on an average will have paid their own way. Mayor Silva asked the City Manager if this was not what was intended. Mr. Parness stated that the staff would like to believe that if the figure of $40.00 was used for variances, it would come close to doing just that. If, however, there were twenty applications received and rather than being just the simple ones he had men- tioned they were complicated for a commercial nature, they would not cover the cost by about 50%. The Council discussed whether or not the majority of the applica- tions for variance were of a minor nature, and were advised by Mr. Musso that in the past they have been. Councilman Miller asked the City Attorney if there was anything in the ordinances by which fees are charged which prohibits distinguish- ing between two classes of variance. Mr. Lewis replied there was not; it was a court rule based on constitutional principles that you must have some valid distinction when you apply different rules or regulations to groups. Councilman Miller stated if there was no legal way to distinguish between the two, then they should charge a flat $100 if the fee is based on the cost to the City and not settle for half. He was asked if he felt they should charge every applicant $100 even for a patio cover, to which he replied if the Council was not willing to accept an alternate and there was no legal way to do it, he felt the full amount should be charged because it costs the taxpayers money to do the work. The point he was trying to make is that they should attempt to find an alternate way so they can distinguish between the two types of variance. Throughout the discussion Councilman Taylor stated they had no basis for saying it cost the City more to process commercial appli- cations than private applications, and unless they have that basis they cannot charge a different fee based on ability to pay, and stated he was definitely not for a $100 fee under any circumstances for the class of private applications they have been referring to, and unless evidence can be found that it costs more to process commercial variance applications, the fee should not be higher. Mr. Parness stated that in order not to leave any misimpressions, Councilman Miller is right that the figures specify that, based on what the Planning Staff has indicated, it costs about $100 to pro- cess a variance; but his whole appeal is based on the fact that for the most part the majority of variances are a vehicle used by the average citizen, and it would be punitive in nature to assess that much. He referred to Mr. Bradley's report which indicates that the $40 would compensate the City for approximately one-half of the time expended. In the event $40 is used, there will undoubtedly be a loss to the City; that is the rationale that has been used, but he can see no justification whatsoever for assessing a higher fee for a commercial variance as opposed to a private one as either one can be just as complicated and require just as much staff in- vestigation as the other, or perhaps just the reverse. Councilman Taylor stated that since the recommended increase in fee is over a factor of three compared to the present fee, and there is no justification as far as cost to the City between commercial and residential type applications, he would go along with the $40.00; Councilman Beebe and Mayor Silva were in accordance CM-23-216 with this recommendation. September 21, 1970 (Variances-cont1d) Councilman Miller asked to amend the figure to $50.00; however, the staff recommendation was accepted. There was no discussion with regard to the (CUP Fee) Conditional Use Permit fee as the Council agreed with the staff recommendation for a flat fee of $200.00. With reference to the fee for Rezoning, a flat (Rezoning Fee) fee of $200.00 has been recommended. Councilman Miller suggested that it had been proposed that a flat fee of $200.00 be set and in addition a fee of $1,000 per acre if the rezoning is approved. This raised the question that it might be an incentive to the Council to approve a rezoning application for the revenue, and after further discussion which indicated the Council would not endorse such a policy, a motion was made by Councilman Beebe to approve the staff recommendation, seconded by Councilman Taylor, and passed unanimously. Councilman Miller stated Councilman Pritchard was agreeable one way or the other on this point. Councilman Miller mentioned that $150 had been recommended as the fee for Tentative Tract Maps; however, since costs will no doubt be going up, he suggested that this fee be set at $175.00 as the cost listed is $163.13. (Tentative Tract Map Fees) Councilman Beebe suggested the figure of $160.00. Mayor Silva felt they should accept the staff recommendation; however, Council- man Taylor agreed to the figure of $160.00. Councilman Miller indicated that Councilman Pritchard had not indicated a definite amount for this fee. A fee of $250 was recommended for a Planned Unit (PUD) Development permit if the City is to recover costs and the Planning Department relates that there is usually just as much time spent for a PUD amendment as for the original PUD, and the same fee would be appropriate, however the Planning Director intends that in the future only a yes or no answer will be re- quired for an extension. Councilman Miller proposed that an extension is not a simple yes or no, as the City Attorney has ruled that, in fact, an extension is an amendment, and suggested that a fee of $250 be charged also for an extension as there has always been a hassle as far as an exten- sion is concerned. Councilman Miller stated that both he and Councilman Pritchard are proposing the above. Councilman Taylor agreed that there had been a tremendous amount of staff time spent on PUD extensions and amendments, and suggest- ed that $250 flat fee be set for the PUD, and $150 for each exten- si8n. With reference to the extension referred to by Councilman Miller, Mr. Lewis commented that the recent extension was ruled as an appeal for the purposes of the ordinance because they had to in- tegrate all of the sections in view of the fact and what really complicated the matter was the fact that the Planning Commission did not make a recommendation within 60 days. For the purpose of that particular situation it had to be treated as an appeal. An ordinary appeal would not require the same type of handling and could probably be handled by the Planning Commission. Mr. Musso stated that 75% of the amendmenwand extensions had consumed a great deal 8f time, but not as much as the original application, and he felt a percentage of the amount of the original PUD would be reasonable. CM-23-217 September 21, 1970 (PUD) Councilman Taylor suggested that there be a $250.00 flat fee and $150.00 fee for extension or amendment; Councilman Beebe agreed this would be reasonable, Silva also agreed to these figures. and Mayor (Site Plan Approval) Councilman Beebe made a motion to accept the recom- mendation of the staff to charge a fee of $60.00 for a site plan approval, seconded by Mayor Silva, and approved unanimously; also the staff recommendation for $5.00 on the appeal. (Engineering and Inspection) The staff recommendation for map and plan checking is a flat fee of $25 plus $10 an hour charge for any engineering time spent; the Council were all in agreement on this fee. RECESS AFTER A BRIEF RECESS THE MEETING RECONVENED WITH ALL PRESENT EXCEPT COUNCILMAN PRITCHARD. (Public Works Inspection Fee) Councilman Miller commented that the proposed fee is small, and most of the other cities have a higher fee, Pleasant Hill being almost twice as high, and suggest- ed the Council adopt their schedule. The City Manager explained that the staff has attempted to approxi- mate the actual amount of staff time and supporting services that go into this type of service which indicates the total cost to be about $72,000 a year and from this figure the amount assigned for municipal public works projects must be deducted, which factor is variable. They have looked at the building history and made investi- gation of what the records show and $44,000 appears to be a reasonable deduction. The total amount they come up with is a net, unrecovered cost of $17,482 and not recoverable by virtue of present rates. With the revised scale, C8st of providing service will be recovered. Mayor Silva then asked Councilman Miller to explain his reasons for suggesting a higher fee for inspections to which he replied that other jurisdictions charge higher fees and he felt that as in the case of the airport, we should be competitive, and that we should go for the highest fee, such as that being charged by Pleasant Hill. Councilman Miller indicated that Councilman Pritchard did not agree with him on this fee, but felt we should charge as much as Walnut Creek, which is 4% of construction cost, so he and Councilman Prit- chard would suggest the 4%. Mayor Silva said that it is his philosophy to be as close as possible to the actual cost which would be that as recommended by the staff which was on a graded basis. Councilman Taylor commented on the fees charged by other cities and felt that basing it all on one year's analysis might be dangerous and suggested the fee might be a little higher than the recommended one. Councilman Beebe suggested that 3% be charged for construction over $10,000, and 3.5% up to $10,000 as recommended. The Council generally discussed these costs, the basis for the charges and the philosophy behind the charges. It was also suggested by Councilman Taylor that possibly an alternate schedule could be 3.5% up to $75,000 and 3% over that figure. Inasmuch as the Council could not come to a decision on this parti- cular fee, it was agreed to wait until all Councilmen were present, which would be October 5th. (Building Department) Mr. Parness asked to introduce this particular sub- ject because adjustment of these fees are self cared for. The City has been practicing adjustments of building evaluation which is allowable by the Building CM-23-218 September 21, 1970 (Building Department) Code, even prior to the current administration. Two factors are involved in the building inspec- tion fee establishment; one is a rate and the other is establishment of a value, and we have the right to vary value, based on construction price index, which is listed annually and the Building Department has availed itself of that factor through recent years. The staff is suggest- ing that the rate listed in the 1970 Code, which will soon be recommended for adoption, be used prior to its adoption. Mr. Parness further explained that the 1970 Code is a very comprehen- sive document requiring much research and investigation by the building industry of the City, the Board of Appeals, hearings, etc., and the Building Inspector feels that this process, when it is ready for introduction, may take about six months. However, the rate and evaluation scale allowed by the Code can be introduced now as a modification of the present ordinance and there should be no debate at all as it is current. With reference to Plumb- ing,Mechanical and Electrical permits, the same thing applies, however the Electrical Code does not have a fee schedule according to Mr. street. Councilman Beebe made a motion to accept the City Manager's recom- mendation on this matter, seconded by Councilman Taylor, and it was approved unanimously. Councilman Miller suggested that if the 1970 Code is based on the 1969 cost of construction, the cost for 1971 should be anti- cipated and the fees increased accordingly. Chief Building Inspector Herb street advised the Council, that the increased cost of construction is automatically figured in each year. * * * Planning Director George Musso advised that the report re density transfers had appeared on the agenda somewhat prematurely as it should have gone to the Planning Commission before coming to the Council, and asked that the matter be tabled. REPORT RE DENSITY TRANSFERS (Ci ty Policy) Councilman Taylor made a motion, seconded by Councilman Miller, to table the matter, and this was approved unanimously. * * * A summary of action taken at the Planning Com- mission meeting of September 15th was acknow- ledged by the Council. SUMMARY OF ACTION (Planning Commission) Councilman Miller asked to appeal Item 4.5 with reference to the Variance requested by Livermore Properties (Daniel Gillice) to allow time to go over the matter and it could be placed on the Consent Calendar at the next meeting. Councilman Miller also questioned the approved Variance requested by Herbert H. Sihner increasing density. Mr. Musso explained that he had discussed this matter with Herb Sihner, who advised him the additional cost of having an odd num- ber of units within a single building because they double up on the plumbing. The Planning Commission had agreed that the ordi- nance should be changed, and this was not an increase in density but a change in the construction 8f the building. * * * A draft copy of the proposed park dedication or- dinance had been presented to the Council and Mr. Lewis advised there were some changes from the text which had been discussed by the staff. A revised copy of the ordinance will be furnished _____.__ ..__ ""_...n._....._,......,___,.~..".._._.,..,.~_____.___,.,'-"-"'-.----.-'------"--.-.'''' PROPOSED ORDINANCE RE PARK LAND DEDICATION to the CounciL CM-23-219 September 21, 1970 (Park Land Dedication) The Council discussed land costs, whether or not fees could be used for other park areas rather than in the subdivision if in lieu fees were paid; other parks away from schools rather than all school/park combinations. It was brought out that if in lieu fees were paid, these fees would have to be used for existing park improvements. Councilman Miller felt that there should be something included in the park dedication ordinance to ensure parks so people do not have to wait years to get the park, as they have in several of the subdivisions. Mr. Lewis explained the problems involved in such a matter, stating he did not have a solution at this time. Various suggestions were offered with regard to requirements which might be imposed on developers to ensure early park dedication and development by somehow tying it in with the tract maps, or collect- ing in lieu fees at the time the map is filed. However the state subdivision map law is very specific with regard to these matters. Mr. Lee, Public Works Director suggested that in addition to charg- ing the fee, inclUding price of land and improvements, a schedule of improvements or a pattern of development should be established so at the time of issuance of the PUD or original tentative, it could be required that this area with the park would have to be de- veloped within the second, third or fourth unit. Councilman Taylor asked then if they did not have to accept the final map if it does not develop the portion of land they feel should be developed. Councilman Miller suggested that the staff consider some of the al- ternatives - collecting the money, the possibility of obtaining the land and what had been discussed and attempt to come up with some- thing which would protect the people from what has happened in the past. It was suggested that this revised draft be furnished the Council at the earliest possible time; perhaps incorporating the formula or schedule for obtaining parks at an early date in the park dedication ordinance. * * * The City Manager advised that a request has been sub- mitted by the staff for installation of an irriga- tion system in the mall on Las Flores Avenue in front of the Holiday Inn. The mall has been dedicated to the City and is technically part of the street. When the staff discussed landscaping and site plan with Holiday personnel, they imposed upon them an elaborate irrigation system and assurance was given that we would do whatever we could for improvement of the mall. Taking into con- sideration the stringent nature of our budget and what we have en- countered on beautification and the cost, when presented with a bill for $350.00 just for irrigation features he hesitated to suggest that it be approved unless the Council would authorize the expendi- ture. He did not feel now was the appropriate time as there is nothing on the other side of the street. MATTERS INITIATED BY STAFF (Landscape strip) Mayor Silva agreed we have a tight budget re beautification, but that area is part of the image of Livermore and is an entrance to the City, and felt that $350 plus maintenance would be a small price to pay. There was some concern voiced re cost of maintenance, however it was the consensus of the Council to proceed with improvement of the island. CM-23-220 September 21, 1970 (Fill - Civic Center Site) Mr. Parness stated that the contractor for the new freeway has been discussing with the City Engineer the prospects of using material from the community park-civic center site f8r con- struction purposes on the freeway job. Although his needs are more than we think we can afford, there is a good amount of ma- terial that can be taken from the site by him which would accom- plish his intended purpose and also that of the City, because the rough grading on the property would be a sizeable amount of money to pay eventually. Initially, the quantities are about 120,000 yards which amounts to about $35,000 to $40,000 in worth of having the property graded for us. Material is probably worth more than that to the contractor, so two good purposes can be accomplished - first, by allowing contractor to use that material for construction as it does meet state specifications; secondly, we can get our property into approximately the topo- graphy we eventually want it to be, which grading the staff is quite elated about as there was no foreseeable way to finance this project. There was some discussion with regard to the top soil that is now at the site, and Mr. Lee explained that it was not very good, the top two feet did not meet the minimal quality for the subbase, however, so the contractor will strip this and leave it. Also, if he requires an additional 70,000 yards, he has agreed to bring in a top soil that would meet the City's specifications. Mr. Parness also explained that the grading plan is finished and the architects of the site have been contacted to inquire if we can afford to have 180,000 yards removed without damaging the overall effects of the plan. The City Manager was authorized to negotiate with the contractor. * * * MATTERS INITIATED BY COUNCIL (Sprinklers in Center Strips) Councilman Beebe commented that he had learned in talking to a Councilman from Walnut Creek that they are faced with a lawsuit because of an accident due to sprinklers in the center strips and now they have a policy to recess the planting below the level of the curb and flood it rather than use sprinklers, and suggested that possibly this might be well to consider for our future center strips. * * * Councilman Miller stated that Bevilacqua has owed the City money for about five years, and about two years ago we came to a settlement and they were due to pay the City a year ago in August, and he felt that the bonds should be (Calling of Bonds- Bevilacqua) called. Mr. Lewis advised that he has planned to meet with Mr. Fraser to discuss this problem. In reply to a question from Councilman Miller, with reference to the necessity for this meeting as it was his understanding there would be an automatic call of the bonds, Mr. Lewis replied that the ones he was referring to were on undeveloped land and there is a question of which way they can go and what is in the best interest of the City - to call the bonds or revert the property to acreage, and start over again. Mr. Lewis will report back to the Council the result of his dis- cussion and the decision reached. * * * CM-23-221 September 21, 1970 (Possible Amendment to Annexation Agreement) (Zone 7 Bond Issue) Councilman Miller stated they have agreed, in prin- cipal, to double the park dedication as far as the final wording of the ordinance, and we have the same problem in our annexation policy, and felt the annexation policy should be amended to reflect the two acres per hundred, in the event the park dedi- cation ordinance is not adopted. * * * Councilman Miller asked the Council to think about what will be done if the Zone 7 bond issue failed and water rationing was necessary. Mayor Silva stated that before we talk about the the issue failing, the Council should do its utmost to convince the citizens to vote for the issue. Councilman Taylor felt that the government should pro- vide water, and if there is an alternative, it should be presented. After some discussion, it was decided they should wait for the re- sults of the bond issue before discussing alternatives. ADJOURNMENT * * * There being no further business to come before the Council the meeting was adjourned at 11:30 p.m. APPROVE ATTEST * * * Special Meeting of September 28, 1970 A special meeting of the City Council was called by the Mayor, and held on September 28, 1970, at 7:45 p.m., in the City Hall, 2250 First Street. The purpose of the meeting was to have an executive session to discuss an appointment to the Planning Commission. ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None The Council adjourned to an executive session and at the close of the session the following resolution was adopted: ADJOURNMENT CM-23-222 RESOLUTION NO. 126-70 APPOINTMENT OF MEMBER TO PLANNING COMMISSION (Archer H. Futch) * * * The then adjourned at 8:20 p.m. * ATTES Regular Meeting of September 28, 1970 A regular meeting of the City Council was held on Monday, September 28, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:20 p.m. by Mayor pro tempore Miller. * * * PRESENT: Councilmen Beebe, Taylor, Miller and Pritchard ABSENT: Mayor Silva (due to illness) ROLL CALL * * * A motion was made by Councilman Taylor, seconded MINUTES by Councilman Beebe, to approve the minutes of the meeting of September 21, 1970, and passed unanimously. * * * Mrs. Charles Honodel, 973 Coronado Way, spoke as a parent and member of the school building bond committee re the school bond issue which will appear on the ballot in November. Mrs. Honodel indicated the health of the school district and the City is at stake, and urged endorsement of the bond by the City Council as individuals and as a group. OPEN FORUM (School Bond Issue) that of issue Mayor pro tempore Miller introduced and moved the adoption of a resolution whereby the City Council would endorse the school bond election, which was seconded by Councilman Beebe and passed unanimously. RESOLUTION NO. 127-70 A RESOLUTION SUPPORTING THE LIVERMORE VALLEY UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BOND MEASURE TO BE SUBMITTED TO THE VOTERS AT THE CONSOLIDATED ELECTION TO BE HELD AND CON- DUCTED AT THE GENERAL ELECTION ON NOVEMBER 3, 1970. * * * Val Yokum, 3832 Dartmouth, asked if the City has (Re Jackson Avenue transferred deed of title to the property imme- Park Property) diately south of Jackson Avenue School, between the park and the school. If not, he wondered if a hearing could be held at some future date to discuss the pros and cons of selling this for private housing. The City Manager advised that it had not been sold and before any disposition is made, it would be only with the final approval of the Council based on the final layout and design of the park and any possible utilization for private purposes. * * * The Planning Director explained that there are a series of amendments which were brought about by proposed changes and some rather llh8use cleaning" type of amendments, i.e. things that were un- clear and some changes due to policy over the years. One of the changes is to take out any reference to the street frontage width as there are several noted in the present ordinance; however, they vary with each zone, so it is proposed that frontage be governed by the zoning district. PUBLIC HEARING RE Z 0 AMENDMENT (Sec. 20.60, 20.34, 20.44 and 20.45) CM-23-223 September 28, 1970 (Public Hearing ZO Amendments) There is no change in projection into street frontage yard. Re the non-street frontage yard projection, when there was a 5-foot side yard, the ordinance allowed a projection of half of the width of the re- quired yard (or 2~ feet); now we have many 11 and 14 foot side yards, so the Planning Commission proposes that there be allowed projection into one-half of the non-street frontage yard but not more than 5 feet. Mr. Musso continued that under accessory structures, over the years we have had a great deal of trouble with such structures as flag- poles, bird baths, trellises, patios, porches, screens, and the Planning Commission would propose that this type of structure be not subject to a zoning ordinance if it is determined it is a struc- ture and not a building - the difference being that a building is something that can be occupied as shelter as opposed to a structure which just exists. There is some clarification on fences; the ordi- nance now prohibits hedges and the change would allow hedges as long as they are not a sight obstruction. Also, trees and shrubs could be abated under the revised ordinance if it is determined they are a sight obstruction. The other major change is to allow fences to project five feet beyond the setback. The Planning Commission agreed to allow the fence to project five feet into the required street frontage yard provided it does not occupy more than 75% of the front- age and is not allowed until after one year from the date of the issuance of the building permit, which would prevent developers from putting in such a fence. There is also some clarification as to the height of fences. The Council discussed various points relative to providing back yard access for trailers and boats. Mayor pro tempore Miller opened the public hearing at this time. There being no testimony, a motion was made by Councilman Pritchard, seconded by Councilman Taylor, to close the public hearing, and it was approved unanimously. Mayor pro tempore Miller referred to Sec. 20.45(a) and suggested that a height from the ground limit should be incorporated to insure that the side yard access is not encroached. Councilman Taylor mentioned an example such as solariums projecting into the side yard. It was suggested that either the larger side yard, or at least ten feet, be kept free of any structure. Mayor pro tempore Miller felt that artifical grass and trees should not be allowed under the landscaping provisions of the ordinance. Mr. Musso stated that the wording in this section would be reviewed and perhaps qualified. A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to refer this ordinance back to the staff for review and rewording of sections as discussed by the Council, and the motion was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva * * * CONSENT CALENDAR Communication re Planning Commission Apointments A written communication has been received from Robert S. Allen, President of the American Tax- payers' Union, suggesting that applications be received and reviewed whenever vacancies arise due to reappointments to the Planning Commission, rather than making rote reappointments. * * * CM-23-224 A report from the City Manager regarding the Concannon Blvd. route study contract modifi- cation was removed from the Consent Calendar for discussion later. * * * The minutes of the Housing Authority meeting of August 18 were acknowledged. * * * An application for a exempt business license has been received from the First Baptist Church, 2020 College Avenue, for the sale of books. * * * September 28, 1970 Report re Concannon Blvd. Route study Minutes Exempt Business Licenses One hundred fifty-five claims in the amount Payroll & Claims of $19,191.80 and two hundred thirty-three payroll warrants in the amount of $76,294.86, dated September 22, 1970, were ordered paid as approved by the City Manager. * * * A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to approve the Consent Calendar; the motion was approved by the following vote: Approval of Consent Calendar AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva * * * A request has been received from the Livermore Atomic Soccer Club to sponsor the Annual City Tournament and for financial aid to purchase trophies. REQUEST FOR FINAN- CIAL AID - ATOMIC SOCCER CLUB Councilman Taylor stated that he did not feel the City could sponsor this event without, in effect, entering the recreation business. It had been mentioned to him by an individual member of the Jaycees that perhaps the Jaycees might take over this project and help pro- vide the trophies. Councilman Pritchard felt that there were several civic organizations who might wish to help along this line. Councilman Beebe concurred that the Council would subject themselves to many such request if this one is honored. Councilman Taylor made a motion to approve the City Manager's recommendation for denial of this request and also that a letter be sent to Mr. Maccario commending his efforts on behalf of the soccer leagues and explaining the City's position. The motion was seconded by Councilman Beebe and approved by the following vote: AYES: NOES: ABSENT: Councilman Beebe, Taylor, Pritchard and Miller None Mayor Silva * * * An application for a Conditional Use Permit to allow limited animal husbandry (raising of rabbits) at 2371 College Avenue has been CUP - 2371 College (Michael C. Downey) CM-23-225 September 28, 1970 (cup - Downey continued) made by Michael C. Downey. The Planning Commission recommends approval subject to the conditions given in Resolution No. 28-70. A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to accept the Planning Commission's recommendation for approval of the CUP subject to the given conditions; the motion was unanimously approved. * * * cuP - 1085 Murrieta Blvd. (Daniel Gillice) An application for a Conditional Use Permit to allow construction and use of a multiple family residence in excess of two stories at 1085 Murrieta Blvd. has been made by Daniel Gillice. The matter was continued until later in the evening as the applicant was not yet present. * * * PARCEL MAP NO. 237 The Planning Director stated that Parcel Map No. 237 is a record of survey involving the sub- division of some property that does not have frontage on Colgate Way and is a proposed addition to those lots now fronting on Colgate Way. The intention is to take this parcel, subdivide it, and then sell it to those homeowners fronting on Colgate Way. The only potential problem is with Lot E on which the water tank is located. The Planning Commission recommends approval with the condition that if complications arise with regard to resale of Lot E, that lot may be deleted from the parcel map. Also approval is subject to the condition that the property would be sub- ject to zoning and that the lots would be sold to adjacent properties only, which will be worked out by deed restriction. Councilman Taylor asked what provision could be made that at some time in the future requests will not be made for construction of another structure on these deep lots. The City Attorney stated that such restrictions may be made through declaration of restrictions on use of the property on the final map or deed restrictions. Councilman Taylor stated that the intent of the restrictions would not be to restrict construction of a swimming pool or bath house or similar use, but the construction of an additional dwelling unit. A motion was made by Councilman Taylor, seconded by Councilman Beebe, that the Planning Commission recommendation be approved sub- ject to the following conditions: 1. 2. Conformance to approved map entitled Exhibit "B" That the City zone the subject property to a zoning district compatible with the proposed subdivision both with respect to use and regulations to use. That assurance to the City be made that the new lots being created are going to be sold to adjacent property owners owning frontage on the street. That in the event complications arise with regard to resale of Lot E, said Lot E may be deleted from Parcel Map No. 237. No second dwelling unit may be constructed on these lots, with the method for requiring such restrictions to be worked out by the staff. 3. 4. 5. The motion was approved by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Miller NOES: None ABSENT: Mayor Silva * * * CM-23-226 An appeal has been made regarding the Planning Commission's denial of Variance to allow re- duction of the required street frontage at a site located west of Las Flores Road between Interstate 580 and Bluebell Drive. The appli- cant has requested that this matter be continued he was unable to be present at the meeting. September 28, 1970 APPEAL RE DENIAL REQUEST FOR VARIANCE (Herbert Sihner) for two weeks as On motion of Councilman Beebe, seconded by Councilman Pritchard, the matter was continued until October 13, by unanimous approval. * * * The rezoning of the property on the south side of Interstate 580, east and west of Airway Blvd. is for City owned property and it is presently zoned A-5. REZONING SOUTH SIDE INTERSTATE 580 Mr. Parness pointed out that the main problem relative to this re- zoning is the design of the frontage road and stated he had some alternate designs that the Council mi~ht wish to study. The approx- imate design at this time creates a 2~ acre island, which will be attractive for highway type uses but questionable for other uses. The staff has investigated other possible designs and it might be feasible to ask the State for amendment of the design if the Council so desires. He discussed the various proposed designs and the problems involved. The City Attorney adivsed that the City would be able to obtain better results from the State if additional right-of-way nego- tiations with another property owner is not necessary. Councilman Taylor made a motion, seconded by Councilman that the City Manager be directed to negotiate a change as shown on the proposed design as soon as possible and State that the City is unhappy with the present route. was approved unanimously. Beebe, in route inform the The motion Councilman Beebe made a motion, seconded by Councilman Pritchard, to set a public hearing on the rezoning application for October 13; the motion was approved unanimously. * * * A report from the City Manager presented a com- parative inspection fee schedule for public works inspections. Mr. Parness stated that the suggested alternatives have been studied and the major factor that fluctuates is the amount of time devoted to municipal public works inspection duties. Taking this estimate and the proposed increase in services into account, he concurred with Councilman Taylor's suggestion that the scale that has been in use by Pleasanton and Fremont would be a reasonable one to adopt. REPORT RE PUBLIC WORKS INSPECTION FEE AMENDMENT Councilman Taylor felt that there is indeed justification for in- crease in the fees as Pleasanton is considering raising its fee to a straight 4%. This matter was continued until the October 5th meeting so that a full Council might be present. * * * Consideration of the Conditional Use Permit application submitted by Daniel Gillice had been continued from earlier in the meeting in order that the applicant might be present. CUP APPLICATION (Daniel Gillice) CM-23-227 September 28, 1970 (CUP - Gillice) Mayor pro tempore Miller asked the applicant if it would be agreeable to continue this item for a week in order that all the members of the Council might have more time to study the proposal and Mayor Silva might be present. It was suggested that Mayor Silva listen to the tape for any testimony that might be presented. Mr. Gillice requested that the Council hear the comments of the architect as it is diffi- cult for him to be present. Mr. Musso pointed out that first the Council should consider whether the matter will be set for public hearing; if so, the testimony of the architect will have to be repeated. At the Planning Commission's hearing only one person testified in regard to the effect of the proposal on his home in the Glenwood tract. After further discus- sion the majority of the Council felt that a public hearing was not necessary. Mr. Gillice presented the site plan for his proposal and also pho- tographs of similar buildings which have been constructed. He stated that the proposed construction will complement the present apartment buildings with a three story arch similar to the present two story arches, as the height will be in excess of two stories. The apartments are to be all on one floor; 102 will be one bedroom, and the balance of the 154 will be two bedroom apartments. The Council discussed the buffer landscaping, the ingress and egress, parking facilities and the possibility of underground parking. Coun- cilman Taylor stated they should have the density trade explained, to which Mayor pro tempore Miller agreed inasmuch as this was the reason for his appeal as originally there were less than one hundred units approved for this complex; however, this portion of the dis- cussion is to be continued for one week. Mr. Musso explained that the Planning Commission and the staff tried to keep the two matters separate inasmuch as the third story without density transfer can be built if the developer so desires, and it might be well to have a three story apartment building regardless of any density transfer. The Council asked the applicant questions concerning the project at this time and Councilman Taylor pointed out that the Planning Com- mission had voted for approval of the property 4 to 1, and the rea- son for the dissenting vote was the design, but no objection to the density. This is the first three story apartment proposed in town; the first with elevators and Mr. Gillice went into more detail with reference to the design and security aspe~ts. Mr. Parness stated that the property owners along Anza Way had con- tacted him with reference to obtaining the rear portion of their lots from the surplus area along the channel, some of which has been counted in this density transfer - about ten lots, involving about 35,000 square feet - and they have tried for many months to negotiate purchase of this property from the applicant but have not been suc- cessful as yet. Mr. Gillice indicated there were about eighteen property owners along College Avenue and Anza Way interested in obtaining parcels to add to their backyards, which would subtract possibly as high as two acres from the actual total acres, and the ownership of these parcels would be transferred to the individual property owners before it is transferred to the City. He agreed that none of the property sold in this manner would be subject to density transfer; in fact, there would be a surplus of possible units they would not use. They are proposing 154 units, but it may be 156 or 152, but they do have a method that was established for den- sity transfer. Mr. Gillice also mentioned that it has been dis covered that Zone 7, in their planning considerations, considered a 150 ft. channel instead of 200 ft. through the area which adds al- most 5,000 feet by 50 ft, or 250,000 feet or 4~ acres which could be added to the density transfer and he went ton to explain this more in detail; however, it was agreed that this could also be dis- cussed in more detail at the meeting of October 5th. CM-23-228 September 28, 1970 The proposed ordinance re park policy for land dedication was discussed at the meeting of September 21st, and the Council had directed the staff to consider some of the alternatives and furnish them with a revised draft of the ordinance. PROPOSED ORDINANCE PARK POLICY FOR LAND DEDICATION Mr. Lewis pointed out some of the items which were included in the draft: two acres of land, which are to be dedicated but the subdivider would be required, in addition, pursuant to his subdivision agreement, to provide frontage that would not be in- cluded in the two acres; it also provides for certain conditions that would require dedication at the time of the final map; it would require fees to be paid at the time of the final map which is different than what we presently have; it would provide a method for the City to require, where there is a final map and the land to be dedicated is not directly in the path of the most immediate development of the subdivision, that the subdi- vider would make easements available and install minimal improve- ments so that the people could reach the areas of the park that was dedicated; it would allow, in subdivisions of less than fifty lots, the subdivider and the City to agree that land could be dedicated (it would not be required, merely allow agreement be- tween the two parties). Mayor pro tempore Miller stated that these items were all agreed to by the Council at the last meeting. In reply to a question by Councilman Pritchard with reference to the fees and time of dedication, Mr. Lewis explained it is a major change from the present policy, stating there are opposing argu- ments that can be made - one that the City receives a certain amount of security if we receive the dedication on the tract map as there are minor costs that can be saved as the title company guarantees all dedications if accomplished pursuant to the map; on the other hand we may find that the finals are changed two or three times before they are completely built up and dedication at the time of the map would require new deeds, etc. if the sub- division were changed in that way. These are considerations which should be discussed. Councilman Beebe brought up the fact that there may be a change in ownership at the time of the tentative map which might cause some confusion. Mr. Lewis replied that all the ordinance does is set the land to be dedicated or fees to be paid so that the final can be drawn which would be done as a matter of law. The settle- ment is reached at the time of the final map. Councilman Beebe stated that even after the final is adopted there have been cases where the tract was not completed, and asked if something could not be stated rather than approval of the final to have "or acceptance of public works improvements". This point was discussed, and it was explained that when the final is approved, even though construction is not completed, the dedicated land would be there, and we protect against pre- mature development of the park by having in the policy that development not be provided until two years or 500 houses which- ever comes later. Mr. Lewis explained a few of the advantages and disadvantages that might occur due to the change in the time of dedication. Mr. Lee explained with regard to public works improvements, that oftentimes there is a tentative which encompasses quite a few acres, then the developer files a final on only a portion of the tentative, and if the park falls within that final map it should be dedicated along with the tract. However, the park could be quite remote from the first fifty lots at which time there would be problems with access. CM-23-229 September 28, 1970 (Park Land Dedication) Mayor pro tempore Miller reminded the Council that this was one point they discussed and they had asked the staff attempt to come up with some way to avoid this situation, and it was decided that this would be put aside and added as an amendment to the ordinance after it was determined what the solution might be. that Councilman Taylor stated that the problem seemed to be that there was no way to require dedication of a piece of land not in the tract. If the tract encompasses the park site it definitely should be de- dicated along with the tract and there was no problem here. The Council discussed the problem of dedication of land not in the tract, but required to satisfy requirements; the payment of fees when permits are obtained rather than final map filing because of the financing problems; if fees are paid sooner parks can be bought sooner when the money is available; if the transfer of land had to wait for acceptance of public works improvements it is just as diffi- cult, many times, as trying to collect on bonds since legal action is necessary; it is advantageous to buy land as soon as possible to avoid escalation in costs. Councilman Taylor indicated that he felt the ordinance as written was reasonable and made a motion, seconded by Councilman Pritchard, that the park dedication ordinance be introduced as written, with minor changes in the wording to be made by the City Attorney, and the first reading of the ordinance was waived (title read only). The motion was passed unanimously. * * * ZONING ORDINANCE AMENDMENT (Fees) On motion of Councilman Beebe, seconded by Council- man Taylor, the ordinance amending Zoning Ordinance No. 442 regarding fees for Use Permits, Variance, Conditional Use Permits, Rezoning, PUD, Site Plan Approval and Appeals and amending City Code regard- ing fees for Tentative Tract Map and Extensions, Engineering and Building Code Inspection was introduced and the first reading waived (title read only) by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva The portion of the ordinance relating to Public Works Inspection fees was continued until October 5th. * * * COMMENTS Mayor pro tempore Miller commented regarding the two ordinances just introduced, stating that the park dedication ordinance is an important forward step for the City of Livermore accomplished by the Council to provide adequate park land for the future; it is a reflection of the requests by the public over the past years. Secondly, the ordinance regarding the fees is a major step toward tax reform and toward lightening the burden of the homeowners and property taxpayers. The first step was the increase in annexation fees a year ago. This present ordi- nance provides that services associated with growth are now being financed in a large part by that growth rather than the taxpayer. These two ordinances are an example of a progressive fiscal policy by the Council. Councilman Pritchard stated that these ordinances resulted from unanimous action by members of the Council; they reflect the prin- ciple that the City should be run in a businesslike manner. Councilman Beebe said that now taxpayers could be assured that growth is essentially paying for itself and that they are not sub- sidizing growth. CM-23-230 Mayor pro tempore Miller stated that the cost to the City in approving construction is now paying for itself; there are other on-going costs which do not yet pay for themselves. * * * Discussion of the Capital Improvement Budget, Fiscal Years 1970-1976, was continued for one week due to the absence of the Mayor. * * * Councilman Beebe inquired about the recent striping done by the state on Holmes street and the fact that the turnout lanes were omitted on Anza Way and Elaine street. He was informed that this matter had already been brought to the attention of the State. * * * Councilman Pritchard felt that there should be a liaison between the Council and the Valley Ecology Center. The Council felt this would be agreeable and Councilman Pritchard was requested to explore this with the Center. * * * There being no further business to come before the Council, the meeting was adjourned at 11:05 p.m. ATTEST * APPROVE * * * Regular Meeting of October 5, 1970 September 28, 1970 (Comments) SPECIAL STUDY ITEM- CAPITAL IMPROVEMENT BUDGET 1970-76 MATTERS INITIATED BY COUNCIL (Striping, Holmes Street) (Valley Ecology Center) ADJOURNMENT A regular meeting of the City Council was held on Monday, October, 5, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:15 p.m. by Mayor Silva. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, ROLL CALL Miller and Mayor Silva ABSENT: None * * * Mayor Silva led the members of the Council and those present in the audience in the pledge of allegiance. PLEDGE OF ALLEGIANCE CM-23-231 October 5, 1970 MINUTES The minutes of the special meeting and regular meet- ing of September 28, 1970 were approved on motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, with Mayor Silva abstaining from voting on the regular meeting minutes due to his absence. * * * Keith Fraser, representing the applicant in the matter of the proposed Carlton shopping center (Planned Unit Development No. 15), requested that this matter be considered on October 13 rather than on October 19 as now scheduled. The permit will expire on the 19th and the County has now requested that Murdell Lane be moved in such a way that the shopping center as shown on the PUD will be divided. For this rea- son planning and discussion should take place earlier than the 19th. OPEN FORUM (PUD No. 15) The Planning Director explained that the County's plan to move Murdell Lane creates a major redesign problem which has not been brought about by either the developer or the City; it might take several weeks to accomplish the redesign, including referral back to the Planning Commission. The permit may have to be extended for 60-90 days in order to work out a new design for the shopping center. Councilman Miller pointed out that the permit had been extended pre- viously so that two other points, including the school site, could be worked out. He felt these issues could be resolved on the 19th and the redesign of the shopping center could be continued at that time. Mr. Fraser stated his client wished to discuss the redesign on the 13th of October, but that the school site reservation could not be resolved by the 19th as his client considered this condition as un- fair at this time. Mayor Silva said the design had nothing to do with the school problem - they were two separate issues. He felt the whole discussion should be on the 19th. After further discussion, the Council stated they would hear the matter of the redesign of the shopping center on the 13th of October, but asked Mr. Fraser to inform his client that the Council did not think that the school site reservation could be con- tinued unless there is a tie-in with the redesign problem. * * * (Airport Boulevard) Jack Phillips, 551 No. P Street, asked why Airport Boulevard is designed with so many curves in the road. Mr. Lee, the Public Works Director, explained that this was due to the fact that the road was located between the creek and the dike at the oxidation plant. However, there is a redesign planned for Airport Boulevard which will be straightened out and connect with Portola Avenue extension. * * * PUBLIC HEARING RE DEANNEXATION PORTOLA AVENUE ANNEX No.4 Two property ownerships located on the north side of First Street near U.S. 580 which were originally contained within Portola Avenue Annex No.4 are to be deannexed due to rejection of an annexation agreement by these ownershi~s. The aggregate acreage to be deannexed is bO acres. Mr. Parness pointed out that the Local Agency Formation Commission has required that annexation of the interchange be undertaken to provide continuity with the Springtown area, but that they have ap- proved the deannexation as requested. CM-23-232 October 5, 1970 The City Attorney stated the proceedings had been undertaken with the full cooperation of the property owners, and the deannexation is without prejudice and these property owners have the right to ask for annexation at a later date. Therefore, an ordinance for the deannexation must be adopted by the Council which will be effective upon filing with the Secretary of state and County Recorder, which will take about forty days. (Deannexation Portola Ave. No.4) Mayor Silva opened the public hearing, but as there were no com- ments voiced, a motion was made by Councilman Beebe, seconded by Councilman Taylor, to close the public hearing and it was approv- ed unanimously. A motion was made by Councilman Miller, seconded by Councilman Beebe, to introduce the ordinance for deannexation of certain properties in the Portola Avenue Annex No.4, containing approx- imately eighty acres, and to waive the first reading (title read only) and the motion was passed unanimously. * * * CONSENT CALENDAR A communication from the Fremont-Newark Com- munity College District has been received con- cerning the redistricting of Supervisorial Districts and enclosing two resolutions which they have adopted regarding size and membership of the districts. * * * Fremont-Newark Community College District A reply from the League of California Cities (AB 1271) to the City Council's Resolution requesting support of the League's Annual Conference for AB 1271, regarding school land dedication has been received, stating that the matter will be presented to the League's Planning Department. The City Manager informed the Council that Mayor Reid of Pleasanton has been asked to serve on the League's Resolutions Committee; this legislation has been discussed with him and he has said he will introduce the matter to the Committee himself if it is not other- wise introduced. * * * The Planning Director presented a report re- garding agricultural preserves inventory for the area. * * * The Beautification Committee minutes of their meetings of July 23 and September 3, 1970, were acknowledged by the Council. * * * Tract 3073 is located on the west side of Arroyo Road, south of the Arroyo Mocho and contains 106 lots. The following resolution is to be adopted accepting the final improvements. Report re Agricul- tural Preserves Minutes Tract 3073 - Final Acceptance (Sunset) RESOLUTION NO. 128-70 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT 3073 (Sunset Development Company) * * * CM-23-233 October 5, 1970 Exempt Business Licenses Applications for exempt business licenses have been received from the following: Kappa Gamma Chapter - Epsilon Sigma Alpha - sale of cookbooks during the fiscal year Our Savior's Lutheran Church Nursery School - conduct of a nursery school at church on East Avenue * * * Payroll and Claims Seventy claims in the amount of $69,804.30 dated October 1, 1970, were ordered paid as approved by the City Manager. * * * Approval of Consent Calendar On motion of Councilman Beebe, seconded by Councilman Pritchard, the Consent Calendar was approved unani- mously. * * * CUP AND VARIANCE APPLICATION (Holiday Inn) A Conditional Use Permit application to allow a free- standing sign and request for variance to allow a sign not in conformance with the ordinance have been submitted by Holiday Inn. Planning Director George Musso stated that the applicant is now asking for a revised freestanding sign, which require,s a CUP plus a Variance because the sign size is greater than permitted. The Plan- ning Commission recommends denial of the CUP and denied the variance, and both have been referred to the Council. Denial was based upon the fact that the Zoning Ordinance recognizes highway orientation of certain uses but the request is in excess of this regulation. Mr. Musso stated the maximum allowable sign is 64 sq. ft. Keith Fraser, representing the applicant, pointed out they were re- questing a sign 30 feet in height, which is not an increase in height. Mr. Fraser told the Council that both the assistant innkeeper and innkeeper John Aulgur were present. Mr. Fraser recalled that in December, 1968, when construction of the inn was considered, the signing was discussed quite thoroughly. The Memphis office of Holi- day Inn said they would agree to the Council's decision regarding the sign, but stated that statistics from over the country showed they needed the Holiday great sign to direct people to the motel. The Council assured them there would be "food-lodging" signs placed on the freeway and there would be good access to the Holiday Inn site and the present sign was agreed upon at that time. He stated instances where Holiday Inn has erected signs and subsequently noted increases in business. Presently, the Holiday Inn in Livermore is experiencing one of the lowest occupancy rates in northern California; they feel this can be attributed to the lack of identification or public image. Fifty percent of the employees originally hired have been laid off and they have experienced problems. The applicant feels that approval of the variance to permit erection of a larger sign is necessary to direct people to the Inn. Mr. Fraser said there is almost 300 ft. of allowable signing not used on the side of the building. The present sign is difficult to see, especially at night. Mr. Aulgur, the innkeeper, stated they had had problems with occu- pancy and had to layoff some of the personnel, who are local people. He was of the opinion that helping Holiday Inn would also help the City of Livermore. CM-23-234 October 5, 1970 Mr. Bill Moore of Nelson Neon Company explained that the signs seen in the Bay Area are the llgreat" Holiday Inn signs which are 50 feet high. The sign requested is called the "junior" sign which is 30 feet high, and there is another one which is 40 feet high. All of the other Holiday Inns in the area have the standard "great" sign. There is no question of the impact of the visual image of the larger sign, and it does increase business. (CUP and Variance - Holiday Inn) There followed a discussion of the various sign sizes used by the Holiday Inn chain, those having 300-400 rooms in metropolitan areas, and those, like the one in question, having less rooms and classi- fied as roadside inns which must depend on advertising to attract business; the fact that the state's "food-lodging'l signs may not be as effective as Holiday Inn would desire, but they do exist; also, there are a number of billboards on the approaches to Liver- more advertising the facility. In reply to a question with regard to the regulations for a marquee, Mr. Musso advised they are allowed, however the message must re- late to the use of the property, and they are speaking of adver- tising events not necessarily taking place on the premises. They would be allowed a reader-board, but it would have to conform to size, and the text would have to relate to the use of the proper- ty also. Mayor Silva stated that Livermore does not have any convention facilities and the Holiday Inn is the only place available and he would be willing to bend a little by allowing some type of marquee to advertise convention facilities and also community events, but he had in mind the existing sign with a smaller read- er board below it, but did not know if the Council would agree with the suggestion. Councilman Taylor stated there was some merit to what Mayor Silva had stated; also, he was sympathetic to the management as he felt they would not be asking for the sign if business was good. If we permitted a sign five times larger than the County standards, however, it would set a precedent, and should not be permitted on the basis of business problems of the inn. Councilman Pritchard did not feel Holiday Inn should be compared to other local motels or to service stations, and felt that they could grant a variance. Councilman Beebe agreed that it is not the same as the service station, but since we are now beginning to enforce the sign ordinance and causing many people to spend a considerable amount to comply with it, it would be doing them a disservice if we now allowed a sign completely in disregard of the present sign ordinance. Councilman Beebe continued that if the sign is not adequate, and he felt it was a poor sign as he would not know where to turn off if he was not familiar with the building, we should revise our highway oriented regulations, as we cannot allow one and not others. Councilman Beebe asked if it would be possible to add, perhaps a neon light, to the existing sign on the side of the building inasmuch as they had not used all of the square footage allowable, however he was advised it would be a lot less attractive than to group it in one focal point, but it might be the solution. Councilman Taylor pointed out that the intersection is temporary and will be improved; also, there will be a turn at North Livermore Avenue which would allow a turnaround without having to cross the freeway, and they have zoned property along the north side of the highway for highway oriented usage. The Council discussed the various possibilities, and the applicant was asked if he had any alternate suggestion to offer in order to compromise, and Mr. Fraser proposed something between 64 and 270 square feet for identification. CM-23-235 October 5, 1970 (CUP & Variance A motion was made by Councilman Taylor, seconded Holiday Inn) by Councilman Miller, to adopt the recommendation of the Planning Commission for denial of the CUP and Variance based on reasons shown in their Reso- lution No. 27-70, and staff report and the motion passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Mayor Silva Councilmen Beebe and Pritchard Councilman Miller commented that Interstate 580 is a scenic high- way, and the important issue is one of precedence, and we must re- duce sign clutter. Councilman Pritchard felt the City Council was being hypocritical as they have been talking about wanting business and industry and by their actions are turning business away. Councilman Beebe again stated the size of the sign as it is now is ridiculous, and felt they should review the sign ordinance with re- ference to highway oriented signs, as people are travelling at a high rate of speed on the highways and strangers in the area would not be able to see the sign. Councilman Taylor spoke to Councilman Pritchard's remark, stating that anyone could come in and ask for a larger sign if his business is not good, but what about other property owners who will be de- veloping? They will also request a larger sign than is permitted. This does not mean they are against business, but rather protecting business investments of his potential neighbors. Mayor Silva agreed it would set a precedence as he would not be able to deny other sign requests that might come up if he approved this one. * * * REPORT RE CUP and VARIANCE (Daniel Gillice) The application of Daniel Gillice for a Conditional Use Permit to allow construction and use of a multi- ple family residence in excess of two stories at 1085 Murrieta Blvd. and application for Variance to allow increase in density at the same location were postponed from the meeting of September 28th. Planning Director George Musso explained there were two separate issues involved - on~ the Variance for review on appeal of the City Council; the other, the recommendation on the allowance of a three story multiple apartment dwelling on the Murrieta Boulevard site. The way the Planning Commission approved it is somewhat removed from the request of the Variance. If the Variance were reversed and not granted the applicant could still build a three story building and there would be no problem; it is a simple criteria for the develop- ment not tied to any plot plan on the CUP. The major issue surrounds the variance which is the transfer of density from the Arroyo Mocho site between Arroyo Road and Holmes Street along the channel to the site on Murrieta Blvd. The major discussion on the transfer seemed to center around the matter of design and whether it should be three or four stories, but there did not seem to be any question that it should be over two; also, the possibility of underground parking. The Planning Commission recommends approval on the three story build- ing; relative to the transfer of density, they concur that with the dedication of this area they would be agreeable to transferring the units allowed to the other site and the conditions for approval would be the dedication of the park area previously designated, except that allowed for the channel which was based on a formula approved about a year ago. Mr. Musso continued that there are some issues that have come up since the Planning Commission discussion such as whether or not the CM-23-236 October 5, 1970 property, after provisions are made for channel, (CUP & Variance would serve any purpose as a parkway, and the Gillice) Public Works Department, after some investigation, suggests that the major area will be devoted to carrying water. The Council discussed the density by comparison with other develop- ments and Councilman Taylor asked who would pay for the channel improvements when it is required and the Council should know ex- actly which property will be dedicated. Also, he did not know how usable the land would be and for what purpose it could be used. The question seemed to be that perhaps some of the land, if it is sold to other property owners, might be in the way of a future parkway. Councilman Miller felt there were four questians which must be resolved: 1) is the land to be dedicated to the City useful and valuable enough to merit the variance; 2) which property belongs to the City and which to Mr. Gillice - how much total property is involved, how much channel will be required, how much park dedi- cation, and who will pay for channel improvements; 3) on what basis should the density transfer be madeooncerning property that is required to be dedicated for public works and whether a density credit should be given this area; 4) whether the site plan for the other site would be acceptable after the transfer of :;t=lJ ,~I?~C~ .is m;3-de. , ~ ~6.hr~ . The Pub lid Works/Director presented a map which indicated a plan with minimum channel area, the area available for density trans- fer, and an area which could be designed for trails, etc. even if the lots are sold. Mr. Lee said that the improvement costs for a minimum earth channel is approximately $65,000 and involves excavation and energy dissipators at intervals. There would be some reimbursement to the developer from Zone 7 from their storm drainage fund. Upon question from the Council Mr. Lee stated that normally the developer is required to improve the channel when the adjacent area is developed. Mr. Parness stated that this situation was like the required im- provements on major streets; it is the City's current policy to require abutting properties to widen and dedicate upon develop- ment, and then eventually if there are some interim areas that have not been treated this way and the Council decides to com- plete the project, the government does the work. He felt that if no development took place along this channel because it was not feasible to develop it, then if in the future the whole channel had to be developed because of upstream growth, undoubt- edly some local governmental agency would have to bear the cost. As it now stands, whoever develops this adjoining property would have to pay for channel improvements. Mr. Musso reported that a Planning Commission meeting with Zone 7 representatives had been held regarding the relation of this chan- nel to our proposed parkway system. As a result of this meeting, the Council will be asked to approach Zone 7 to see what alterna- tives there are to improvement of the channel to handle the water. Mr. Gillice, the applicant, addressed the Council regarding the property to be dedicated. He asked the Council to consider what the City recently paid for a piece of property on East Avenue, and if park land were acquired in the area under consideration the property would probably be even higher due to more extensive development, so the proposed dedication of the land is quite val- uable. The application had been based on previous applications and previous decisions of the governing bodies; he was using the decision by the Planning Commission and the Council on his pre- vious application for units and park dedication on this land in CM-23-237 October 5, 1970 (CUP & Variance Gillice) his present application. At that time he had not been required to develop the channel, only to grade it according to park department standards. Councilman Taylor recalled that at the time of the previous appli- cation it had not been clear what work would have to be done to the channel and that, mainly, the work would consist of grading. Zone 7 has always had its requirement that the channel must be able to carry a certain amount of water. He waid that it had been under- stood that the channel would be presented to the City in a usable manner. Mr. Gillice stated that they were making a reasonable compromise. The need for an improved channel will not occur for fifteen years or more. In the next twenty years the taxes from the proposed apart- ment units will be in excess of the cost of the channel improvements. In the present subdivision they had installed the streets, sewers, installed the channel, and in addition paid channel fees to Zone 7. The present units pay high taxes and to add an additional $65,000 cost would wipe out his development and he would have to withdraw his application. Councilman Miller said the taxes paid were for services to the apart- ments and could not be considered toward the cost of the channel im- provements. Mayor Silva pointed out if the cost of the public works, including the channel work, is more than the value of the open space to be de- dicated, it is not to the advantage of the City to accept the open space. Councilman Taylor said that ultimately the City will have to be re- sponsible for the channel if this plan is accepted, and the improve- ments will be costly. Mr. Lee did not know the exact amount of reimbursement which could come from Zone 7, but felt it would be substantial. The possibility of flooding if the channel is not graded and improved was discussed and how soon the channel would have to be improved. Councilman Taylor felt the idea of density transfer was good, but this possible cost must be considered. The applicant was agreeable to continuing this matter so that the cost of the channel and related questions could be resolved at the staff level and presented to the Council. Mr. Gillice was requested to present a firm statement as to which lots would be sold when the matter is considered again. Mr. Gillice said he had been informed by Zone 7 that based on needs for this channel it would only be required to have a 150 foot channel, not 200 feet. Mr. Lee replied that in his discussions with Zone 7 they had not stated a definite width as it will have to be based on many factors. The City's engineering staff had calculated an average channel width of 204 feet. Councilman Miller asked that the staff arrive at an exact acreage for this property; also an indication of which properties will be sold; how to effect park dedication on units which are transferred; the annexation agreement requires a 200 ft. channel and dedication to the City of that property so the land might not be in a position to be sold to private property owners. The matter was then continued until October 13th. * * * RECESS After a brief recess the meeting was resumed with all members present. * * * CM-23-238 Consideration of the proposed ordinance for the amendment of the Municipal Code regarding public works inspection fees was continued from the meeting of September 28 due to Mayor Silva's absence. October 5, 1970 PROPOSED ORDINANCE RE MUNICIPAL CODE AMENDMENT RE PUBLIC WORKS INSPECTION FEES The City Manager explained the comparative inspection fee schedule which had been prepared. He recommended that the fee scale be as follows: 4% for $0 to $25M; 3.5% for $25M to $75M; and 3.0% above $75M. Councilman Miller added that he had calculated the revenue gained from a straight 4% fee as $40,560. and made a motion that a 4% fee schedule across the board be adopted, seconded by Councilman Pritchard. Mayor Silva stated he felt the philosophy which they had adopted before going into the fee study was to raise revenue anticipated for the services; therefore, he did not feel he could go along with 4%. Councilman Beebe felt that the City Manager's recommendation should be accepted to only recover costs of services. If there are variables, the personnel would just have to be adjusted. Councilman Taylor said he might lean toward the straight 4% to gain all possible revenue for the City, but felt the fees charged must be reasonable and supportable; thus they should accept the City Manager's proposal, which is adequate and protects the people of Livermore. The motion for a 4% fee schedule was voted on and defeated by the following vote: AYES: Councilmen Pritchard and Miller NOES: Councilmen Beebe, Taylor and Mayor Silva Councilman Taylor made a moti8n to accept the staff recommendation for a fee schedule of 4% for $0 to $25M, 3.5% for $25M to $75M and 3.0% above $75M; the motion was seconded by Councilman Beebe, and passed unanimously, and this was considered as the first read- ing of the proposed ordinance regarding Municipal Code Amendment re public works inspection fees. * * * ORDINANCE RE CITY CODE AND ZO AMEND- ORDINANCE NO. 720 MENTS (Zoning, Building, Permit Fees) AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, RELATING TO ZONING AS AMENDED, BY REPEALING SUBSECTIONS 22.70 THROUGH 22.78, RELATING TO VARIOUS ZONING FEES, OF SECTION 22.00, RELAT- ING TO RESPONSIBILITY AND PROCEDURES, AND ADDING SUBSEC- TIONS 22.70 THROUGH 22.76, RELATING TO VARIOUS ZONING FEES, TO SECTION 22.00, RELATING TO RESPONSIBILITY AND PROCEDURES; AMENDING THE LIVERMORE CITY CODE, 1959, AS FOLLOWS: AMEND- ING SECTION 6.2.5, RELATING TO PERMIT FEES, OF ARTICLE I, RELATING TO GENERAL PROVISIONS, AND SECTION 6.41, RELATING TO PERMIT FEES, OF ARTICLE VIII, RELATING TO THE MECHANICAL CODE, BOTH OF CHAPTER 6, RELATING TO BUILDINGS: AMENDING * CHAPTER 15, RELATING TO PLUMBING: AMENDING DIVISION 1, RE- LATING TO GENERAL PROVISIONS, OF ARTICLE II, RELATING TO TENTATIVE MAPS, BY THE ADDITION OF SECTION 20.20.1 THERETO, RELATING TO FEES, AND AMENDING SECTION 20.32, RELATING TO FEES AND DEPOSITS, OF DIVISION 1, RELATING TO GENERAL RE- QUIREMENTS, OF ARTICLE III, RELATING TO FINAL MAP, BOTH SAID ARTICLES BEING OF CHAPTER 20, RELATING TO SUBDIVISONS. *SECTION 15.6, RELATING TO COST OF PERMIT, OF CM-23-239 October 5, 1970 (ZO AMENDING FEES) AYES: NOES: ABSENT: PROPOSED ORDINANCE RE POLICY FOR PARK LAND DEDICATION On motion of Councilman Beebe, seconded by Council- man Taylor, the second reading of the above ordinance was waived, and the ordinance was passed by the following vote: Councilmen Beebe, Pritchard, Taylor, Miller and Mayor Silva None None * * * The final draft of the Park Land Dedication Ordinance was not completed, and it was the Council's decision to delay the second reading and vote until such time as the document was complete. The City Attorney commented that the second reading should not be delayed, but it had been called to his attention that there may be ramifications of the payment of the park fees concurrent with the approval of the final map, and suggested that the City Engineer might be directed to consider what effect this could have on the contractor's performance of the public works and planning in the development as it could cause a problem if a developer was trying to push too hard to get things going too fast. After some discussion the Council decided to continue further deliber- ation and second reading of the ordinance for one week. SPECIAL STUDY ITEM (Capital Improvement BUdget) * * * Due to the lateness of the hour, the discussion on the Capital Improvement Budget for the fiscal years 1970-76 was continued to October 14 at 6:00 p.m. at the Fire House. * * * MATTERS INI- ORDINANCE NO. 721 TIATED BY STAFF (Urgency AN URGENCY ORDINANCE OF THE CITY OF LIVERMORE AMENDING Ordinance re ORDINANCE NO. 442 OF THE CITY OF LIVERMORE, AS AMENDED, Political RELATING TO ZONING, BY AMENDING SUBSECTION E, RELATING Signs) TO TEMPORARY SIGNS, OF SUBSECTION 21.72, RELATING TO SIGNS, OF SECTION 21.00, RELATING TO SPECIAL PROVISIONS, TO ALLOW TEMPORARY POLITICAL SIGNS. The City Attorney presented an urgency ordinance clarifying the number of llpoliticalll signs allowed when there are numerous candi- dates and measures on the ballot such as will be the case at the upcoming General Election in November. On motion of Councilman Miller, seconded by Councilman Taylor, the above ordinance was introduced and adopted (title read only) by the following vote: AYES: COUNCILMEN Beebe, Taylor, Miller, Pritchard and Mayor Silva NOES: None (City Owned Parcel at Airport) CM-23-240 * * * The City Manager questioned the Council's wish re- garding possible realignment of the road through City owned property located just east of Airway Boulevard and the interchange design. Mr. Parness said he had contacted the State about the change in the inter- change design and they are willing to make the change October 5, 1970 if the City will pay the supplementary costs. (Airport Parcel) The main problem is acquisition of the right of way necessitated by the change in alignment. Discussion followed regarding future use of the property in con- nection with the proposed design. Mr. Parness was instructed to proceed with negotiations and plans to initiate the change accord- ing to the interchange design approved by the Council. * * * Councilman Beebe suggested that signs for free- way oriented businesses should be discussed and it was decided that he and Councilman Pritchard would meet with the Planning Director, inform- ally, for some background material on this sub- ject prior to any further action. * * * MATTERS INITIATED BY COUNCIL (Freeway Oriented Signs) (Resolution re Park Dedication Fee Councilman Miller suggested that the annexation fee resolution should be changed to reflect the changed park dedication requirements and made a motion, seconded by Councilman Taylor, to intro- duce the following resolution to amend the annexation ment to include two acres per hundred dwelling units. passed unanimously. policy state- The motion RESOLUTION NO. 129-70 A RESOLUTION AMENDING RESOLUTION NO. 190-69 PROVIDING FOR INTERIM ANNEXATION FEES. * * * Councilman Miller discussed smog incidence in (Smog Report) Livermore during the past year and a recent newspaper article regarding the restriction of activity in schools, etc., during periods of high smog level. The staff was asked to contact the Bay Area Air Pollution Con- trol District for a report on smog levels during the past year. * * * Mayor Silva pointed out that the Council had passed a resolution adopting two year terms for members of the Beautification Committee recently. These terms should be staggered so that part will serve one year terms in order that not all the appointments will terminate at one time. * * * (Beautification Committee) There being no further business to come before ADJOURNMENT the Council the meeting was adjourned at 12:30 a.m. to an executive session to discuss pending litigation with Courtesy Aviation (Pacific Bridge). APPROVE i iliJ~: Mayor ATTEST CM-23-241 Regular Meeting of October 13, 1970 A regular meeting of the City Council was held on Tuesday, October 13, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:12 p.m. by Mayor Silva. * * * ROLL CALL PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * MINUTES The minutes of the regular meeting of October 5, 1970, having been delivered to all Councilmen, were approved as amended on motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote. * * * Muriel Doggett, Chairman of Festival 70, presented the City Council with two paintings of Livermore scenes, as part of the original proposal which con- tains the purchase awards which were purchased for $450: a third painting was raffled off to attempt to raise part of that money back. This was done last year and the City has those two paintings, and these are to be added to the City's col- lection. Livermore scenes are the only paintings elligible for this competition. OPEN FORUM (Presentation of Paintings) Mrs. Doggett commented that the Festival was a big success and there were about 7,000 people in attendance over the weekend. Mayor Silva stated that he had attended the Festival and felt it was an enormous effort of the community - a successful effort, and he was very impressed, and would like to see this an annual affair. A reso- lution was introduced by Mayor Silva commending the chairman of the committee and all workers for a job well done and requesting them to begin preparation for a third festival. The motion was seconded by Councilman Miller. Councilman Taylor stated the resolution should be directed to the Cultural Arts Council and the Festival Committee, and the resolution was approved unanimously. RESOLUTION NO. 130-70 A RESOLUTION COMMENDING THE CULTURAL ARTS COUNCIL * * * (Low Cost Housing) Clarence Hoenig addressed the Council on the subject of low and moderate cost housing, stating that there had been a notice of some discussion at the Council level re low interest rate loans and since he has had an interest in this, did write to Congressman Miller and had received a reply which he proposed to pass on to the City Manager. Mr. Hoenig explained that Section 235 of the Housing Act is a reality and there are government funds available to provide low interest loans to people who qualify. There were 60 applicants last lfear and another 100 this year. The point he wanted to make was that he felt this kind of housing is necessary in this community and is pre- ferred over a housing project like Vila Gulf where we tend to put people in an area rather than disperse them throughout the community. He felt it was important that the Council and the community learn about these applications. He explained that the builder applies CM-23-242 October 13, 1970 for a certain number of units and can merchan- (Low Cost Housing) dise them through any real estate office he chooses. He had checked with the Livermore Housing Authority and they know nothing about these applications; Region 7 Housing Office does not have to contact them. He felt the Council should correspond with the regional director, or have the Livermore Hous- ing Authority do so, in order that qualified people in the com- munity might apply for these loans. After some discussion on this matter Mayor Silva asked Mr. Hoenig if he had discussed this with the Housing Authority and was told that he had talked with George Bunyard and given him all the information and correspondence. Mayor Silva agreed that HUD should be contacted and the information forwarded to the local Housing Authority. Roy Stuart stated that the people in the real estate profession have been trying to obtain 235 money to make sales in the Liver- more Valley, or for that matter throughout Alameda and Contra Costa County. This year in July there was a certain amount allocated for 235 money and it was used up in seven days. They will probably reallocate more in sixty days, but there are back- logs of applications from people trying to buy homes by the 235 plan, and the Valley does not have a representative which is what is needed. Mayor Silva asked the City Manager if there wasn't some type of program through the County which had been investigated, to which Mr. Parness replied they investigated however we do not qualify, but we did annex to the County to have them serve as the low cost housing authority in order to qualify for the program that Vila Gulf is now applying for. Mr. Hoenig explained that it is a matter of funds being available as there have been applications approved for Livermore under the 235 program and the regional office states they make every effort to distribute these equitably and Livermore is eligible for its fair share. * * * Walter Magnussen, 1073 Miranda Way, stated that about five months ago a group talked with the City Council re expansion of the Airport Advisory Committee. Since the Committee seems to be unable to he would like the Council to do so and place the item agenda in the near future. (Airport Advisory Committee) take action, on the Mayor Silva stated he had inquired about the status of this matter and was told that it would be forthcoming, and Mr. Lee advised the committee is working on the report, which has been drafted, but they are working on the details and it should be ready some- time in November. * * * Dave Dickinson, 651 Wall Street, mentioned an (Waste Receptacles) incident in trying to dispose of some trash, and the lack of receptacles available, and suggested that there should be more such receptacles along First Street. Mayor Silva stated that this is another item that has been re- ferred to the City and it has been under study for several months and we are presently awaiting a recommendation from the Beautifi- cation Committee. CM-23-243 October 13, 1970 Planning Director George Musso explained that the property is located on the south side of Highway 50 bounded by the highway, the Hagemann property on the east, airport facilities on the south and the golf course on the west. This property did not come into the City at the time the airport- golf course property was annexed, but at a later date, and at the time it came in for zoning, the City felt it was premature to in- dicate any land use in the area. Since the airport-golf course is located in the area, it is shown to be light industrial in the gen- eral plan. The plan originally prepared by the Planning Department indicates primarily highway commercial and industrial use in that general area; later the plan prepared by Ratcliff, Slama, Cadwalader suggested a similar type of treatment although less intensive, and proposed that Airway Blvd. be maintained as a parkway type approach to the airport-golf course and industrial uses also in the area. Later the County, in 1968, prepared their interchange planning, indicating the interchanges which would be commercial in nature. The Vasco Road interchange has been partially zoned and two minor commercial interchanges at Tassajara Road and First Street were areas in which the City and/or County had made commitments by zoning. The City at that point in time concurred with this report, noting that they would implement the report at a point where we now are, not specifying what this would consist of, however it was recognition of commitments that had been made beyond what the County had recom- mended. The Planning Commission, in considering this application, did concur on the ID Zoning that was recommended, supported by the general plan. The Planning Commission felt it should be maintained in agricultural use thereby precluding anything but a parkway or other type of activity; however, they recommended that the area of consideration be zoned to ID District with the exception of the area between the Frontage Road and the freeway and that this area be maintained as agricultural. PUBLIC HEARING (Proposed Re- zoning re Airway Blvd) The Mayor opened the public hearing at this time for the members of the audience to voice their comments for or against the proposed re- zoning. Valerie Raymond, president of the League of Women Voters, stated that in the Spring the League spoke before both the County Planning Commission and Board of Supervisors in support of the County Planning Staff's recommendation for a highway interchange policy which would limit commercial development on Highway 580 in keeping with its de- signation as a scenic route. At that time the City agreed with the recommendation and they are at a loss to understand why the City should be giving consideration to a plan in direct violation of the County policy as the League does not feel it to be in the best in- terest of the City. Tom Murphy, owner of Don Pepe's Broiler, stated there is a golf course complex restaurant for which the City is trying to obtain an occupant with no bids or proposals made. He stated his feeling that if a restaurant were allowed on the corner, no one would be interested in completing the airport-golf course restaurant. Anyone who locates on the highway would have a good operation and it would be difficult not to make money, but why turn that over when, actually, the golf course complex could be developed now; then at some future time, that tenant, if he wished, could develop a restaurant on the highway. Jack Phillips, 551 North P Street, stated he would prefer light in- dustrial instead of commercial zoning in the area. He also asked about the status of the frontage road, and Mr. Parness advised that the Division of Highways is waiting to hear what the property owner is willing to do in granting rights-of-way and since this property is in probate, it will be necessary to obtain a court order in the event the Council still wishes to have the revision made. The State is willing to make the change providing the City is willing to pay the difference in cost. CM-23-244 October 13, 1970 James McElroy, 1345 Wagoner Drive, representing the local airmen at the airport, stated they supported the industrial zoning as recommended, and felt that commercial zoning, although it may be inevitable, is premature at this time. Mr. McElroy suggested that the staff investigate several leasing agents, prepare a report to Council and have the City obtain fessional services to develop the whole area. (Public Hearing - Airway Blvd.) pro- A motion was made by Councilman Pritchard, seconded by Councilman Taylor, and adopted unanimously, to close the public hearing. Councilman Taylor stated that he generally concurred with the arguments of the Planning Commission, except that they recommend that the property north of the frontage road not be developed, and the Council has already taken steps to move that road to make the property more suitable for development. He felt it would be wrong to put a gas station on that corner considering the Council's history of protesting to the County on development of gas stations at other places in the Valley. For the first time the County has a plan, which the City concurred with, and here is an interchange with no commitments yet. He concurred with ID zoning for the whole piece as he felt it was appropriate. Councilman Beebe stated it would be at least two years before the site becomes usable due to the state's construction schedule and expressed his desire to see a high type of industrial use in this location, which he felt would give the same revenue as a restaurant-service station complex. Perhaps we might elicit the support of the local real estate agents to try to get industry into the area as he felt it was an ideal spot. Councilman Pritchard asked if it was the City's intention to keep this property, and Councilman Miller replied that they had voted to do so. This point was discussed, however, and whether it would be in the best interest of the City to keep the property, to lease or sell it, but it was agreed they did not want to be bound by any particular option; whatever would bring the maximum revenue to the City would be the best option. Councilman Miller suggested that as pointed out it would be at least a couple of years before the interchanges are completed and they have plenty of time to consider this area. He suggested that the Council adopt the Planning Commission's recommendation, which is for the property north of Frontage Road to be left A-5 (Agricultural), and to reconsider rezoning after two years in order to preclude the possibility of gas station, motel and res- taurant, in violation of the Council's support of the County policy. This suggestion was discussed, however was not supported, and Councilman Taylor made a motion to approve the Planning Commission's recommendation with the exception that the entire piece be zoned ID (Industrial), seconded by Councilman Pritchard, and it passed unanimously. Planning Director George Musso reminded the Council that the state law requires if they do not concur with the Planning Commission's recommendation, it should be referred back to the Commission for report, and this referral was included in the motion. Incidental to the matter discussed in the public hearing was a letter from Caldwell-Banker for their possible retention in attrac- tion of leasees for the property occupancy, and in this regard Councilman Beebe stated that it was fine for an outside company to have interest, however he felt the City had an obligation to the local realtors and businessmen, and any listing should go to them and there should not be an exclusive listing. The Council discussed whether or not the listing should go to local firms, an industrial specialist or whether they should attempt to handle the leasing. CM-23-245 October 13, 1970 (Airway Boulevard) The City Manager pointed out that he had recommended that he be allowed to talk to Coldwell-Banker about merchandising, but in view of the last action of the Council, he felt it was clear that the Council in- tends for the property to be used for ID type uses as specified in the Zoning Ordinance. Mayor Silva stated that service stations are allowed in ID under a Conditional Use Permit and for that reason he felt they should de- bate the issue. Councilman Pritchard stated he had abstained from the foregoing con- versation as far as the real estate aspects of the property are concerned as there would be a conflict of interest, and he felt very strongly on this point as his firm handles multiple listings. Mr. Musso explained the uses listed under the ID zoning, and a Conditional Use Permit would be required for any other use not specifically permitted in this district. Mayor Silva suggested that the Council make a statement or policy as to what would or would not be favorable for this area. Mayor Silva continued that with reference to service stations, he assumed he adopted the County plan two years ago; in the meantime, the County has zoned some property industrial on the sout~~~;dft.ofFallon Road, and it was his understanding a service stationAl~th~ owner's property is interested in the site and would probably be ~~~ coming in for a CUP, and as there was a station there for years the~ want to relocate as they were displaced by the freeway. This Council went on record for no commercial at Airway Blvd and he voted for it, but has had second thoughts for a number of reasons, one of which is financial, as service stations are very profitable to the landowners and a service station at this location could reduce the City's tax rate by 2i, which would amount to about $15,000 per year, and he would be favorable to a CUP on a gas station-motel-restaurant complex. He did not feel it should be denied on the basis of aesthetics. Councilman Miller pointed out this location is next to our best looking facility - the golf course and airport. The Council had supported the County plan to avoid strip commercial with service stations at every corner' approval of this use might set a precedent for destroying a scenic highway. He appreciated the possible reduc- tion in the tax rate but the use might do more harm in the long term. Mayor Silva stated that there is no place for anyone to purchase gas or a hamburger close to our planned airport-golf course complex. Councilman Miller replied that these services could be located on the airport property. Councilman Pritchard said there is no guarantee that allowance of this use would, in fact, reduce the tax rate; secondly, the Council is being asked to grant special privilege to certain property; thirdly, he concurred that a restaurant at this location would pre- clude the chance of a restaurant being located at the airport. Councilman Beebe felt that a gas station is a compatible use with the industrial area, but was not sure this is the best location. Councilman Taylor felt it was hard to dispute the possibility of income to the City, but he still strongly felt there were enough gas stations. He was against the use at this time unless he had evidence that it would look quite different from the ordinary design. The consensus was that the Council was not opposed to the City Mana- ger con~acting realty firms.about development o~ this property~fqr~ .0 uses whlch would be conformlng under the ID Zonlng ~ ~ .....a..... ~ ~~;r- . * * * l~ CM-23-246 ~ October 13, 1970 CONSENT CALENDAR A license agreement has been prepared which grants to the Livermore AreaRecreation and Park District license to occupy the civic center storage building to be used by the Livermore Cultural Arts Council and various other related organizations. Approval of the resolution authorizing execution of this agree- ment was continued for one week in order that the Council might study the agreement in detail. Agreement for Civic Center Storage Shed (LARPD) * * * This tract is located on the southeast corner of Pine Street and Murrieta Blvd. and contains fifty lots. Tract 3206 (H.C. Elliott,Inc.) RESOLUTION NO. 131-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3206 RESOLUTION NO. 132-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3206 * * * The following applications have been received for exempt business licenses: Exempt Business Licenses Boy Scouth Troop 902 - sale of Christmas trees from December 1 to 26, 1970 Seventh Day Adventist Church - solicitation of funds from November 1 to December 31, 1970 (Councilman Pritchard abstained from voting on this item) * * * Eighty-two claims in the amount of $75,029.19 Payroll and Claims and two hundred sixty-two payroll warrants in the amount of $77,823.68, dated October 8, 1970, were ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant 8723 for the usual reason. * * * On motion of Councilman Beebe, seconded by Coun- cilman Taylor, the Consent Calendar was approved unanimously. Approval of Consent Calendar * * * An appeal from denial by the Planning Commission APPEAL RE VARIANCE of Variance to permit a reduction of the required DENIAL( Sihner) frontage yard for property east of Las Flores Rd. between Interstate 580 and Bluebell Drive has been made by Herbert Sihner. The Planning Director reported that this property was the model home complex for Proud Country and was approved some time ago in this multiple zoned area, but was to be temporary in nature. The developer now proposes to make these four houses permanent and incorporate them in the multiple residential complex. There- fore he is requesting a variance to allow one of the units to CM-23-247 October 13, 1970 (Appeal Sihner) remain as it now exists. The present setback is 15 feet and the required setback is 30 feet. The Plan- ning Commission denied the request for variance. Councilman Pritchard moved that the variance be granted with the following conditions: 1. 2. 3. 4. The use be for single family residence only Office building presently on the property to be removed Landscaping is to be maintained and/or installed at the staff's discretion Variance shall be for a one year term. The motion was seconded by Councilman Taylor, and approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * REPORTS PUD NO. 15 (Carlton De- velopment Co.) Formally the discussion re PUD No. 15 (Carlton Development Co.) is set for continuance on October 19, however the Council conceded to discussing it at this time. Keith Fraser, representing the applicant, stated that the problem dates back originally approximately two months re the corrections for PUD No. 15 - namely increase in the park dedication and extend- ing the permit subject to the condition that the school site be re- served for five years or until the construction of all the dwellings in the subdivision. His clients feel that if they have to come back and redesign the whole unit, they will be subject to the new park ordinance and are willing to go along with the condition, but they are objecting to the fact that the Council is proposing to extend the permit until March 1971 and yet are requiring reservation of the school site for a period of five years. Mr. Fraser proposed that some lesser school reservation be imposed as he believed the blanket reservation beyond the permit to be illegal. Mr. Fraser continued that his clients had agreed to develop the com- mercial area, a school and a park and want to do this, but they have not been able to get tenants. The problem they face at this time is that the County has advised the City that there will be a change in the alignment of Murdell Lane; it will be moved westerly and located somewhere through the middle of the commercial center. Mr. Lee advised that in order to accommodate left turn lanes off Stanley Boulevard, the County has required that Murdell Lane be re- located 800 feet east of the subdivision. He further explained the history leading up to the changes on Stanley Blvd. and the subsequent relocation of Murdell Lane, in which matter the City has no choice. Mr. Musso stated there are some alternatives - one was to split the center and allow part of it as retail and the other part as service, which would be gas station, restaurant, etc., and there are other suggestions which had been offered to the developer. The Mayor questioned why the County did not advise the City of their decision re Murdell Lane at the time the matter was referred to them, and Mr. Lee explained that this decision came about when the design was completed for Stanley Blvd. in this section, and he felt it was due, in part, to the fact that the City did not stay with their standards. The Council generally discussed whether an actual time limit had been set for the reservation of the school site, and ways and means by which they could reserve the site. CM-23-248 October 13, 1970 Mr. Fraser stated they feel they can have the houses built in two years and feel two years is a reasonable restriction, but to hold the school site for five years would be like saying they have just condemned a school site and the school district could pay for it when they wanted to, and they could not do this. The applicant would be willing to agree to a two year term, or until all the units are constructed, whichever occurs first. They were also asking for a nine month or one year extension in order to have time to redesign the commercial area. (PUD No. 15 Carlton Dev. Co.) The various alternative actions open to the Council were discussed, including expiration of the permit. Councilman Taylor stated that a PD is involved with a design which has not been worked out due to a change beyond the City's control, and he felt it reasonable to wait until a PD is presented which is acceptable. Jack Phillips, 551 No. P street, expressed his feeling that this area should be all zoned commercial, with the exception of the school and park sites, as this would be a good location for a regional type shopping center. The public hearing on this matter was continued until October 19, 1970. * * * Discussion regarding the request for a Condi- tional Use Permit to allow construction and use of a multi-family residence in excess of two story hffight at 1085 Murrieta Blvd. and for a Variance to allow density transfer was con- tinued from the meeting of October 5. The staff was requested to research certain information regarding this application before a decision was made by the Council. CUP RE MULTI-FAMILY RESIDENCES (1085 Murrieta Blvd. Daniel Gillice) Mr. Parness pointed out that the main issue remalnlng is the treatment of the channel and the responsibility for the financing of this work. Councilman Taylor asked the Planning Director about the park dedi- cation fees of $6639 for 62 dwelling units which are still payable. These fees are to be paid at the time of acceptance of the public works improvements by the City; the delay in acceptance of the tract is due to the Murrieta Assessment District and the tract could not be finalized until the assessment district is finalized. There is no problem as to the amount: it has been accepted by the applicant. The applicant Mr. Gillice stated he had been in touch with Zone 7 about their reimbursement program in regard to development of the channel. This program will begin some time after the latter part of 1971 to those who have made application; there is a long wait- ing list; however, and it was indicated to him that any reimburse- ment would not take place before two to three years from the date of application. The director of this department of Zone 7 is willing to enter into an agreement with the applicant, Mr. Gillice, and the City, which is satisfactory to all parties to secure the installation of the channel when it is necessary. Mr. Gillice re- quested that the Council rule on the density transfer subject to working out an agreement to provide for a security agreement for the installation of the channel when and if it is necessary. This would allow work to proceed on the site. Councilman Miller referred to questions he had raised previously regarding the dedication of the channel and the density transfer. CM-23-249 October 13, 1970 (CUP and Variance In regard to the value of the land and the amount Gillice) of channel to be dedicated, the Public Works Director replied there are 41.9 acres shown on the County Assessor's map and out of this 16.5 acres would be used in the channel, leaving 25.4 acres to park acreage, less the acreage Mr. Gillice plans to sell to adjacent properties. Mr. Lee also pointed out that some of the lots which Mr. Gillice has indicated to be sold along the channel are in an area that will interfere with planning the park and necessary channel area. Councilman Miller referred to the annexation agreement which indi- cates that all that property in the constricted part is to be dedi- cated for the channel. Mr. Gillice stated that the constricted por- tion is wider than 200 feet. It was the Council's decision to have the staff look into the details of the annexation agreement, channel improvements and width required for channel and report back to the Council. Councilman Miller pointed out that there has not been discussion re- garding park dedication, which he believed should be two acres per hundred and should be imposed, probably, as a condition of the var- iance as the subdivision map act no longer applied. Mayor Silva stated that the philosophy is that if the fifty units were not transferred but constructed on the site there would be park dedication and the Council must make a decision regarding the density transfer and whether the philosophy will be adopted. Councilman Taylor said that in this particular case an 85 unit de- velopment has already been approved with park dedication to be made on the whole parcel, not just that part being transferred. Discussion followed as to requirements for dedication of land for parks regarding multiples and Councilman Miller stated that land already zoned multiple before the ordinance went into effect is exempt; any portion zoned multiple after the date of the ordinance that wasa part of a larger subdivision does have to dedicate, but if it is not part of a subdivision it does not apply. Mr. Musso indicated that the park dedication would be about .9 acre in this case, which could be deducted from the density transfer. The Council agreed that park dedication would be required on the acreage density transfer. The Council agreed that park dedication would be required on the acreage density transfer. Councilman Miller felt the next question to be considered was what the density transfer would be based upon, and based upon the 25.4 acres less the park dedication times three, the number of units involved would be about 74 to be transferred, less any sold. The design calls for 154 units, and 80 units could be built on the site without a transfer; this would therefore be within the allowed units as a result of the density transfer. Discussion then followed regarding the site plan and the question of three stories versus four. The majority of the Council felt that three stories would be fine; also mentioned was the lack of open space in the site plan and the possibility of inadequate parking; however the City is getting the benefit of the transfer of density, the ground coverage between the street and the units; there is bound to be more asphalt and parking space because of the increased den- sity in the alloted space. Councilman Taylor stated he would like to see underground parking, and Councilman Pritchard agreed, but it was not feasible, and he stated he would like to see more parking, but felt it could not be done without blacktopping the court, so he was willing to accept the Planning Commission's recommendation. CM-23-250 October 13, 1970 Councilman Miller commented that he did not agree that the open space was similar to other apart- ments; the density was too high and suggested underground or semi-underground parking facilities to satisfy the existing standards for open space. (CUP-Variance, Gillice) Mr. Gillice stated if this was done it would remove all the green area from the courtyards and patios on the ground floor as it would all go into asphalt - the net result would be less green area. Councilman Miller stated they should decide on the wording for variances and Conditional Use Permits before they made a final decision - they might agree in principle to what has been pre- sented, but without approving anything specific until all the details are worked out, and give the staff an opportunity to reflect on the conditions, and have them draw up the necessary documents. They may want to condition the Conditional Use Permit if they cannot work it out on the Variance. Mr. Musso explained that they had amended the Variance, but there were no changes on the Conditional Use Permit, and he explained these. Councilman Taylor made a motion with regard to the Conditional Use Permit only, for approval of the Planning Commission's re- commendation, and this was seconded by Councilman Pritchard, and passed unanimously. After some discussion with the applicant relative to the Variance and how it would affect the project, Mr. Gillice stated he did not have a project until the Variance was approved. Councilman Miller made a motion that they direct the staff to prepare the text of the Variance for Council approval in one week, seconded by Councilman Pritchard and approved unanimously. * * * A rezoning application has been submitted by James Viso, Trustee for H. & R. Weisel, from RS-3 to RG-IO District of property located on the north side of Interstate 580, between Blue- bell Drive and Central Avenue, and it is re- commended that this matter be set for public hearing, Council agreed that it should be set for hearing with given permission to set the date when feasible. REPORT RE REZONING APPLICATION (James Viso) and the the Clerk * * * Planning Director George Musso explained Par- cel Map No. 643 to be a subdivision of one of the multiple residential sites which was created in the Wagoner Farms area of property located on the north side of Norma Way between Martha street and Charlotte Way. The Christopher Land Co. is asking for a subdivision for multi-residential use. Mr. Musso stated there will be no problem with the design on the lots, but there are a few conditions relative to fencing to the rear where there is no fence, and some public works improvement requirements. REPORT RE PARCEL MAP NO. 643 (Christopher Land) Councilman Miller stated that this is an 8-1ot parcel map and parcel maps are for four lots or less. The Council questioned why a parcel map had been submitted rather than a subdivision map. Mr. Musso explained that there is an exception and that is a parcel map may be filed for more than four lots when the public improvements are not required to be in. The difference between a parcel and subdivision map is that on a parcel map, once the tentative is approved the developer files the final and it is presumed that all the improvements are in and they do not have to go through the lengthy final map procedure. CM-23-251 October 13, 1970 (Parcel Map No. 643) Councilman Miller reminded the Planning Director that, in this case, all the public works improve- ments are not in and there is no agreement to gua- rantee the work, and the Council felt they should opinion before making a decision. have a legal Mr. Earl Mason, representing the applicant, explained the procedure for filing a parcel map, stating this had been done previously on the other side of Norma Way. Originally, it was one lot of a sub- division, then it was by parcel map or at one time done by record of survey, explaining that when you have a recorded parcel you can split it where you have legal boundaries already recorded, without having to file a subdivision map. All it does is estab- lish legal outlines for duplexes on this side of the PUD. Mayor Silva stated the Council's main concern was other require- ments that might be imposed if it was a subdivision map; however, Mr. Musso stated there would be no additional requirements on this particular map. Councilman Miller again stressed the fact that they are not sure about parcel maps vs. subdivision maps, and felt they should have some advice from the City Attorney who was not present at this meeting. Mr. Mason stated this property was zoned in the PUD for duplexes; in fact, the Council required that the duplexes be placed there, where the owner had actually requested apartments and wanted to delete this portion of the street. All the parcel map does is es- tablish the legal boundaries for duplex lots. Mr. Lee explained that the parcel map is pretty straightforward; the problem is that there are two parcel maps, one on top of the other which is a bit irregular, and there should have been a sub- division tract map in the first instance. Councilman Pritchard asked for a recommendation from the Director of Planning, and Mr. Musso stated it was a proper parcel map and could be approved. He felt that Councilman Miller and Mr. Lee were talking on a matter of principle, in that it was irregular, and he had felt they would come in with a subdivision map which would have been the proper procedure, but as far as the parcel map is concerned, everything is proper. Councilman Taylor stated that there was no problem with reference to the park dedication, and asked assurance from Mr. Lee with ref- erence to the public works improvements, and Mr. Lee stated except for minor items, the public works improvements are in. Councilman Taylor made a motion to approve Parcel Map No. 643 as recommended by the Planning Commission, seconded by Councilman Beebe, and it passed by the following vote: AYES: NOES: Councilman Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * Planning Director George Musso explained the County referral of a rezoning application sub- mitted by Vern E. Bergman to reclassify from A District to H-l District a site located at 5940 Northfront Road (Approximately two acres), which had been presented to the Council once before. At that time the Council agreed to one configuration, but did not agree to the type of zoning requested, indicating it should be a highway commercial zoning and perhaps trailer storage should be a permitted use. COUNTY REFERRAL RE REZONING (Bergman- 5940 Northfront) CM-23-252 October 13, 1970 A motion was made by Councilman Taylor, seconded (Rezoning -Bergman) by Councilman Miller, to approve the Planning Commission's recommendation for conditional approval of Highway Commercial zoning, and it was approved unanimously. * * * A report was submitted by Mr. Musso on the County referral re Conditional Use Permit appli- cation submitted by K. R. Hilke and Robert Hol- land to permit a wholesale nursery for cultiva- tion of mushrooms at 2963 Rodeo Lane. Mr. Musso explained that the Planning Commission felt that by the construction of the buildings, etc., it is an industrial use rather than agri- cultural and recommend denial. COUNTY REFERRAL RE CUP (2963 Rodeo Lane - K.R. Hilke) Mr. Roy stuart of stuart and Associates, representing the applicant stated that there has been some question about the construction of buildings on the property. There are only two buildings planned, one approx. 200 x 50 by 14 feet high which is necessary to culti- vate the mushrooms indoors. He explained there would be ten walls to separate the various rooms and another 16 x 16 ft. building. If this is classified as industrial, Mr. stuart continued, then you would also have to classify a dairy farm, chicken ranch, even the growing of wheat where they use silos, as industrial or any- thing that purports to agricultural that uses outbuildings. He stated that the County referred this to the City only because it is near the City Limits; it is zoned R-l at present, and is ac- tuallya part of a farm where there is a house and barns. The property is contiguous to the rodeo grounds and vineyards. The Council discussed whether or not the use would actually be industrial or commercial, and what the General Plan is for this particular area, and Councilman Taylor remarked that there was not much possibility of someone developing the parcel adjacent to this as a subdivision, unless it was multiple or a trailer park. He felt in this case it was marginal in his mind and the only drawback might be the property next door as the owner might con- sider this industrial and use it as a grounds for requesting multiple. On the other hand, he felt this use was better than single family residential, and recommended approval, seconded by Councilman Pritchard, and the motion was passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor and Pritchard Councilman Miller and Mayor Silva * * * A summary of action taken at the Planning Com- mission meeting of October 6 was presented to the Council. SUMMARY OF ACTION BY PLANNING COMM. * * * ORDINANCE RE CHANGE~ ORDINANCE NO. 722 IN PUBLIC WORKS INSPECTION FEES AN ORDINANCE AMENDING SECTION 2.5, RELATING TO INSPECTION FEES FOR REAL PROPERTY IMPROVEMENTS, OF CHAPTER 2, RELATING TO ADMINISTRATION, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Miller, seconded by Councilman Beebe, the second reading of the ordinance was waived, and by the following vote, the above ordinance was passed. AYES: COUNCILMEN Beebe, Taylor, Pritchard, Miller and Mayor Silva NOES: None CM-23-253 October 13, 1970 PROPOSED ORDINANCE RE PARK LAND DEDICATION Mayor Silva was absent when the proposed ordinance re park land dedication was discussed and questioned the portion relative to the areato be dedicated, and it was explained that it was designed for the protection of the City. Mayor Silva, however, did not feel that the developer should be required to dedicate land which was more valuable than the land in the subdivi- sion. Mayor Silva also referred to a paragraph which indicated the subdivider has the option of donating park property or in lieu fees, and questioned if this should be so stated if the choice is the City's. Mayor Silva brought up one other point where dedication is required - it shall be accomplished in accordance with the provisions of the map act; where fees are required the same shall be deposited with the City prior to approval of final tract map. He felt that fees should be required at the time of issuance of the building permit, and Councilman Beebe agreed with this as he had tried to stress this point previously. Mr. Parness explained there are points on each side of the question, but some of the problems encountered in the past indicated the build- ers do not have the financing available at the time they submit their tract map. They do have financing ready at the time they request a building permit and are willing to pay the fees at this time. In contrast, the builders might not come in for building permits for five years and yet the City might still have the responsibility to develop a park. Mayor Silva felt if this requirement is put into effect, then the annexation agreement should be changed to require the annexation fees to be paid at the time of annexation. Councilman Pritchard agreed that it might be unreasonable to require the builders to put up money they might not have available. Councilman Taylor pointed out that when a developer comes in with a map he makes a serious commitment and p'arks should be guaranteed as public works improvements are. The ordinance 8S written protects the public and the only reason for requiring the fee at building permit time is to make it easier for the develope~~.~~.h~r~t/.~:~/F . J tll~ p1Lbli( CT/\.d/veL" r~ Councilman Miller felt there were good reasons to ask for payment of fees at the time of the final map because this is the one time when the developer is asking for something and is willing to pay. The City would be properly protected. If the fees come in at one time, the City can buy the property. Mayor Silva made a motion to change Item 3, page 5, second sentence, to read, llWhere fees are required the same shall be deposited with the City after the approval of the final tract map on issuance of building permit.ll Councilman Pritchard pointed out it is much easier for a builder to dedicate land than it is to pay park fees when he may not have the money and seconded the motion. It was approved by the follow- ing vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller In regard to dedication of land for parks, Mr. Parness stated it is easier to get the property deeded without failure because it is specified on the final tract map and there is no deed to be trans- ferred; it is not as much a financial limitation as payment of fees. The Council discussed that portion of the ordinance which concerned credit for fees by reason of the annexation agreement. Councilman CM-23-254 Miller explained that if property has been dedi- cated as part of the annexation fee, then credit is given for the parkland requirement. October 13, 1970 (Park Land Dedication) Mayor Silva asked about that portion which states that at the time of approval of the final map the City shall specify when the development of the park or recreational facilities will begin. Councilman Miller stated that a policy has been discussed which goes along with the annexation agreement that it would be two years or five hundred houses in the planning unit, whichever is later. After discussion it was decided that development of the park or recreational facilities would be at the sole option of the City Council. Councilman Miller felt that since payment of fees has been de- ferred, the fees when paid should be at the rate applicable at the time the building permit is issued. Therefore, he made a motion to change Sec. 29.69.7, page 6, 4th line from the top to read "and issuance of a building permit, the in-lieu fee shall be based on the provisions of this Division in effect at the time of the issuance of building permits." The motion was seconded by Councilman Taylor and passed unanimously. Due to the changes made in the text of the ordinance, a motion was made by Councilman Miller, seconded by Councilman Taylor, and approved unanimously to reintroduce the ordinance amending Divi- sion 5, relating to provision for neighborhood parks, and the first reading waived. * * * ORDINANCE RE ORDINANCE NO. 723 llpORTOLA AVENUE DEANNEXATIONf1 AN ORDINANCE OF THE CITY OF LIVERMORE EXCLUDING CERTAIN UNINHABITED TERRITORY COMMONLY DESCRIBED AS II PORTOLA AVENUE DEANNEXATIONf1 FROM THE CITY OF LIVERMORE. On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the above ordinance was waived and the ordinance was adopted by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva NOES: None * * * Mr. Parness reported he had spent most of the day at the BART Administration Committee meet- ing, which is the committee that designs policy statements for adoption. He read a portion of the statement which had been prepared and adopted by the committee regarding future extension of BART service, and which indicates the Livermore-Pleasanton area to be one of three areas to be given first priority for rail extensions. The Board has directed the staff to investigate cost of engineering for these three rail extensions and that the acquisition of rights-of-way begin at once and shall proceed to the extent that funds are available. MATTERS INITIATED (BART) * * * Councilman Pritchard referred to debate the previous week by the Council at which time Holiday Inn's request for a larger sign was denied. He pointed out that the sign at the City's golf course is over 100 feet in excess Mr. Musso advised the City's sign was erected MATTERS INITIATED BY COUNCIL (Signing) of the City's ordinance. in conformance with CM-23-255 October 13, 1970 (Signing) the old ordinance and Councilman Pritchard inquired if it was planned to abate the sign as it does not conform to our present ordinance. He felt that if businesses were going to be denied variance for larger signs, then the City should set the example and conform to the sign ordinance. The Council requested the staff to check into the matter and re- port back to the Council re this sign. Mayor Silva expressed his feeling that although he voted against the Holiday Inn variance for a larger sign he did feel it was ridi- culous to deny the request; but he felt he must do so or it would have to be allowed for all other uses in the area. He wished to explore an amendment to allow a larger sign based on units in a motel. Councilman Pritchard stated he liked the City's sign at the golf course and would hate to see it come down, but mentioned this to make a point about signing in general. (Parking of Trucks at Service Stations) * * * Councilman Pritchard inquired about the parking of trucks at service stations and whether the use would be abated. Mr. Musso stated some of the stations were allowed this use while others were not so zoned. It will take some time to check into all such uses and abate those which are not allowed. * * * (Agenda Change) Councilman Pritchard stated he would like to see the section of matters initiated by the Council moved to the earlier part of the agenda. Others felt this would delay matters on the agenda too long. As an alternative he suggested that Councilman Beebe's suggestion regarding alternate study sessions and Council meetings be considered. Discussion fol- lowed regarding this idea, but no decision was reached. (Request for Text-PUD No. 15) (Ecology) (Arroyo Parkways) * * * Councilman Miller asked that the text of the Carl- ton permit be presented at the next meeting with the changes as made by the Council included on page 103 of the minutes. * * * Councilman Miller felt it would be interesting to have the text of an address by former Councilman Mike Uthe concerning ecology circulated. * * * A letter stating the recommendations of the Planning Commission relative to the Arroyo Parkways were brought to the attention of the Council. Mr. Musso said this matter must be worked out with the staff and the Council and thought the matter should be put on the agenda at a later date. It was pointed out that before further commit- ments are made to allow development adjacent to the arroyos a study should be made. ADJOURNMENT CM-23-256 * * * There being no further business to come before the Council, the meeting adjourned at 1:35 a.m. to an adjourned meeting at 6:00 p.m., on October 14, 1970, at the Rincon Fire Station to hear a presentation by the staff on Capi- tal Improv ments Projects. October 13, 1970 (Adjournment) ATTEST * * APPROVE * * * Regular Meeting Of October 19, 1970 A regular meeting of the City Council was held on Monday, October 19, 1970 in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order by Mayor Silva at 8:08 p.m. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * Mr. Walt Petry, 2332 Shetland Road, spoke re- garding property adjacent to his home in Proud Country. This property has been subdivided; there are curbs but the streets are unpaved and the area has been used to park, drag race, etc. He felt if the lights were turned on it might help to eliminate these problems. OPEN FORUM (Proud Country) Mr. Lee advised he would check into this matter and possibly barri- cades could be erected until the developer begins construction. * * * Ken Johnson, 556 Bristol Court, vice president of the Livermore Improvement Association, intro- duced to the Council this new organization which desires to preserve the spacious residential character of the City. It is open to all members of the City of Livermore, and Mr. Johnson invited the Council to attend their meeting on October 21st at Rincon School. He also read a peti- tion which the organization had circulated regarding mobile homes, signed by 678 people, and asked that the Council consider it in conjunction with the report from the Planning Commission re Con- ditional Use Permit of Intermark Investing, Inc. for a mobilehome park. (Livermore Improve- ment Association) * * * Jack Phillips, 551 North P Street, advised the (Signs) Council that he was supporting the school bond issue, and because it was big news as far as he was concerned, he had erected a 32 sq. ft. sign which is actually four times oversize in direct violation of the sign ordinance which he believed to be unfair. He also felt that an emergency sign ordinance for political signs was unnecessary; he made it a point that the City should take steps to repeal the ordinance or he would take the matter to court. CM-23-257 October 19, 1970 (Endorsement School Bonds) Robert Allen 223 Donner, suggested that in the future when the Council considers something such as the en- dorsement of the school bond, that it not be done unless it is on the agenda as he felt it was an erroneous decision. * * * CONTINUED PUBLIC HEARING RE PUD NO. 15 (Carlton Dev. Company) The hearing re PUD No. 15 (Carlton Development Co.) property located generally at the southeast inter- section of Stanley Boulevard and Isabel Avenue was discussed at the meeting of October 13, but any resolution had to be continued to this date since the public hearing was thus set. Mayor Silva asked if there was anyone in the audience who had signed the petition re PUD No. 15, and Mr. Clyde Taylor, 628 Zircon Way, president of the Carlton Square Community Association, advised he had and he was asked to act as spokesman for the group. Mayor Silva asked to have the petition clarified as he felt there might be some misunderstanding as the petition was requesting that the Council require the developer to complete all amenities as pro- mised, i.e. the school, park and shopping center. Mayor Silva ad- vised that the developer was present to request an extension of the PUD to allow him to do this, but the petition indicates the associa- tion is against the application of the developer. Mr. Taylor explained that the association was against the application being discussed by the Council, principally because they have not been notified officially, and feel they should know first if action is to be taken in their community. Miss Dorothy Hock, City Clerk, advised that everyone was notified approximately four months ago, and this was a continuation of that public hearing, and Mayor Silva explained it would be a very difficult task to advise all concerned each time. Mr. Taylor explained since the association was not aware of what was really being discussed that was probably the reason the petition was not worded correctly. Planning Director George Musso explained the issue involved in the Planned Unit Development No. 15. In June a request for extension of the PUD was received by the Planning Commission who recommended an extension of the permit as designed with the residential development, school, park and shopping center: there were some minor modifications as far as regulations to the use. Subsequently, the County demanded a change in alignment of Murdell Lane, which is presently the access road to the major part of the Carlton Square Development. Mr. Musso referred to the map stating that the County has requested that Mur- dell Lane be moved 830 feet from the existing subdivision on Elvira Street, and the change will necessitate a redesign of the development. It will not affect the existence of a school or park in the area, but it will affect the design of the shopping center. Mr. Musso continued that subsequent to the request for realignment, the Planning Department made up drawings of potential redesigns and presented these to the developer for consideration. Mr. Musso ad- vised that the redesign of the subdivision cannot be the issue at this time as this would take several months, but the issue is whether or not the permit is to be extended, and the primary C8ncern of the Council are the conditions applicable to the school. Originally, the permit stated that prior to final subdivision map, the School District had the option of buying the school site. Now, we are talk- ing about an alternative to extend right of the School District to buy the school site for as long as five years or at time of comple- tion of the subdivision, whichever is later. CM-23-258 October 19, 1970 The Council discussed whether or not it would be (PUD No. 15) possible to reserve the school site if the PUD is not extended and the land reverted back to its original zoning. If the zoning reverts to PD zoning the status of the school would be the same; the school district would still have to purchase the site to reserve it. No specific use would be authorized under the PD zoning. If the PUD is extended, the developer would have to come in with a tract map for approval if they subdivide the land: if there is no subdivision but the land is segregated into parcels then the Council would be presented a parcel map for action: if neither of these is done and there is a precise plan and design they could proceed without further ap- proval according to PUD regulations. Thus, it is likely there will have to be some further approval by the Council. At this point the public hearing was opened by Mayor Silva. Keith Fraser, representing Carlton Development Co., pointed out that this request had been before the City for four months, and the Planning Commission recommended the permit be extended until March 1971 for commencement and one year for completion. The issue during the past four months had centered around the addi- tional park dedication and reservation for five years of the school site. Mr. Fraser said the park dedication had been agreed upon, and his client would put up sufficient security to agree to complete Murdell Lane to its ultimate standards within three years and was willing to reserve the school site for two years. His client felt that reservation of the school site for five years would be unfair: forcing reservation of the school site is like the Council condemning the site without the school district having to take any action. More would be done by the School District, the developer and others if the period of reservation was shorteL The matter of the shopping center would have to be resolved and this would take some time and the extension was needed. Courtney Minehard, 524 Leona Drive, asked what would happen to the school site after the two year reservation period. He was informed that a request could be submitted at that time for other development. He felt the land for the school, park and shopping center should be reserved for such uses in some way, and was ad- vised this was what the Council was striving for. Bud Bain, 469 Anna Maria, said he felt that most of the original petitioners still desired the larger shopping center rather than a smaller one. Jack Phillips, 551 North P Street, restated his feeling that this was the last chance for Livermore to have a regional type shopping center. Also he felt the PUD should be extended for the same per- iod of time as the school site reservation. Clyde Taylor, 628 Zircon Way, read a petition asking that the park, school and shopping center be provided in accordance with statements made in the past by the developer to prospective home- owners. Clarence Hoenig, 588 Tyler Ave. and Ken Johnson, 556 Bristol Court supported the five year reservation period. On motion of Councilman Pritchard, seconded by Councilman Beebe, the public hearing was closed by unanimous vote. Councilman Beebe suggested that the permit be extended until 1973 on condition that all of these streets and improvements be in at that date and in this way try to achieve the park, school and shopping center desired. However, Mr. Musso pointed out that 80 to 90% of the permits issued are never developed. CM-23-259 --_.,~.,._...',...._.,...._"...-,,_.__._.,....-~.,._._---_.---....-,..<>'- . October 19, 1970 (PUD NO. 15) Mr. Fraser stated again that the developer is will- ing to agree to a two year reservation period for the school site even though they are asking for only a one year extension of the permit. Discussion followed re- garding the period for reservation. Councilman Miller felt the permit should be denied if the developer would not agree to the five year period. Councilman Taylor asked the City Attorney whether there is a way the City can require the reservation of the school site outside of executing the contract. Mr. Lewis said he did not view this permit as a contract, but he had recommended to the Council that the pro- visions for the school and the park be consented to by the developer. If he did not, the safest legal course of action for the City was to exercise the power to deny the permit. Councilman Taylor said there is no alternate school site available and for this reason it is so necessary. If this permit is allowed to expire, the Council would have to consider other possible designs for development and the one before them has been considered for some time. He felt that expiration would only delay development and that the offer of the developer was reasonable. Councilman Pritchard stated he supported AB 1271; but so far it has not been passed. The Council should support the law; asking the developer to hold this land for five years would be asking him to dedicate this land for that period, and he did not feel they could legally do that. Councilman Taylor made a motion to approve extension of PUD No. 15 as recommended by the Planning Commission, to March 2, 1971, for commencement of development and completion by March 2, 1972~ that the text of the extension to be included on the Consent Calendar at the meeting of November 2, with the following provisions: school reservation for two years from October 19, 1970 or until the last house is built; assurance of construction of Murdell Lane in accord- ance with County requirements by posting of bond and/or dedication of right-of-way; the two to one park dedication; and agreement that no maps will be filed in this PUD until the redesign of Murdell Lane is completed. The motion was seconded by Councilman Pritchard. Councilman Miller noted that Item 6 (a) should read "all commercial development", and that Item A.l will have to be revised as to date. The motion was voted on and passed unanimously. Mayor Silva explained the action taken to Mr. Taylor and the audience. Mr. Taylor stated he understood the Council's position that they could not force development of the school and shopping center, but felt the developer should act in good faith. * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL COUNCIL MEMBERS PRESENT. * * * CUP RE MOBILE HOME PARK (Intermark Investing,Inc.) At the City Council meeting of August 24, the pub- lic hearing on the request for a Conditional Use Permit by Intermark Investing, Inc. for a mobile home park was held. At that time the public hearing was closed, but a formal decision was postponed to this date to allow additional staff research and gathering of information from other cities in regard to mobile home parks. Mayor Silva stated that after serious consideration of figures re- garding taxes paid by mobile homes, he had not been able to reach a conclusion as each report was based on different catagories not CM-23-260 Octobe 19, 1970 definitely supported. He felt mobile homes are a necessary part of any balanced community; he did not want wholesale approval but hoped the percentage would be kept low; also, the density of the land being requested for mobile homes should be If mobile homes are allowed he wanted to have the best for approval of the parks set forth. (CUP-Intermark Investing, Inc.) considered. conditions Councilman Miller asked Mayor Silva if it could be proved that mobile homes do not pay their share of taxes, would he change his mind. Mayor Silva replied that taxes are based on valuation of the home and not occupancy, and are not equal. Councilman Taylor stated he felt there is a place in Livermore for mobile home parks, but not for general housing. Mobile home parks have a place because some people prefer this method of living; it is a place for people with low incomes to live and avoid the burden of today's high taxes. The most important factor about mobile homes is that they do not pay property taxes but pay in lieu vehicle tax; any mobile home park owner pays far less property tax than for a single family home. If mobile home parkp are allowed, he suggested no more than 4% be allowed. Also he was opposed to allowing large mobile home parks in Livermore until the tax structure is changed. At this time he did not think mobile home parks should be allowed in Livermore. Councilman Pritchard stated that taxes will never be equitable; he did agree with the fact that some change in tax structure should be made or that mobile homes be permanent and recognized as fac- tory housing. He did feel there were places suitable for mobile home parks, but that such permits should be limited and conditions set forth. Councilman Beebe spoke about comments made that many cities pro- hibit trailer parks completely; yet the survey indicated all the cities did accept trailer parks as such. He felt it would be a calamity if mobile home parks were allowed without restrictions in Livermore, but adult communities could be allowed without being a drain on the community. He suggested 5%, including our existing spaces, be allowed for mobile home parks, certified to be adult, five star parks with long term bonds to guarantee this status. The first occupants should be required to have trailers less than one year old and homes that are sold to be removed from the pre- mises and replaced by homes less than one year old. New mobile home parks should be freeway oriented: if located in an industrial zone, a time limit of twenty years should be set. Councilman Miller stated that the underlying issues are cooper- ation with other jurisdictions and the businesslike operation of the City. He felt there were two reasons to deny mobile homes: 1) the foundations do not count for schools, and 2) they do not pay their fair share of taxes. Either one of these reasons is adequate to disallow mobile home parks. Councilman Miller be- lieved it to be in the public interest to prohibit all trailer parks in Livermore until the state laws are changed in regard to taxes and until foundations are counted for schools, or until the wheels are removed, and then the number should be limited to 3%. Mayor Silva stated that the consensus of the Council seemed to be that mobile home parks will be allowed in a small percentage with highly restrictive conditions within the General Plan densities. Mr. Lewis advised that if this was the consensus of the Council they should agree soon on the percentage and guidelines to be used in order that this could be included in the General Plan. Some consideration should be given to areas in our Zoning Ordinance where these permits will be granted. CM-23-261 H....'O'..._.^.."_..,~.._.._,.....~..,..~~----_.__.._.._'.,~.._.-"....- October 19, 1970 (CUP-Intermark After further discussion on the various points Investing,Inc.) brought up by each of the Councilmen, and the guidelines to be used, a motion was made by Coun- cilman Miller to refer back to the Planning Com- mission any new site plan submitted by Intermark, however the mo- tion died for lack of a second. David Madis, representing the applicant, said that the location is one that has been recommended for a trailer park; it is presently zoned for apartments at 10 d.u./acre; the applicant is requesting a density of 8.2 d.u./acre with 138 trailer spaces on the property. The primary access would be to Las Flores Road with secondary access to be provided by them to the rear of the property. As to the amenities located in the center of the plan, they wished to reserve the right to modify this subject to staff approval and if there should be major changes in the amenities, such changes would be re- ferred to the Planning Commission. Councilman Taylor questioned whether the site plan prepared by the City and used as the basis for consideration would be feasible. Mr. Madis stated that at the present time the applicant felt that, al- though the costs would be higher, they were agreeable to work out this design. Mayor Silva felt that the application could not be approved without a definite site plan, but the intent could be indicated conditioned upon approval of a site plan, and asked for the City Attorney's opinion in this matter. Mr. Lewis suggested that if the Council thought the basic use was permissible, then one of the conditions of the use permit could be that the site plan be brought in for approval within a certain period from the time of approval of the Conditional Use Permit, and if the plan is not brought in within that time limit, the permit would be void. Councilman Miller stated the use had been denied twice and the Plan- ning Commission recommended denial. In particular, pUblic testimony was opposed to this use. He made a motion to adopt the Planning Commission's recommendation for denial, and this was seconded by Councilman Taylor. Ken Johnson, 556 Bristol Court, expressed his oplnlon that a substan- tial portion of the citizens did not want a trailer park. Stephen Killiany, 888 Curlew Road, said that the facts were not clear in this case and felt a decision should be delayed until a definite delineation could be made. Val Yoakum, 3832 Dartmouth, asked if there could be a citizens committee appointed to check the figures and make a report regarding mobile homes before a decision is made. Paul Perry, 2332 Shetland Road, spoke in regard to a petition which had been signed by residents of Proud Country for denial of the awli- cation. He did not wish to see taxes raised because of mobile homes. Mrs. Paul Stroud, 5218 Iris Way, inquired about the staff recommen- dation on this matter. Mr. Musso replied that the staff recommenda- tion was that the Planning Commission take pUblic testimony; if it is approved, the approval should be with conditions as noted, and recommended a change in Exhibit "B". The Planning Commission, not the staff, had recommended denial. Robert Allen, 223 Donner Ave., stated that mobile homes would pay more toward taxes and upkeep than public housing, and the community has agreed to subsidize public housing. Clarence Hoeing, 588 Tyler Avenue, was encouraged to hear comments re density, general plan and quality desired and questioned if re- strictions mentioned would be imposed if the mobile homes are approved. CM-23-262 A vote was then taken and the motion for denial of the application failed to pass by the follow- ing vote: October 19, 1970 (CUP-Intermark Investing,Inc. ) AYES: NOES: Councilmen Taylor and Miller Councilmen Beebe, Pritchard and Mayor Silva After discussion regarding the best manner in which to show the Council's intent and to include the conditions discussed re the CUP, a motion was made by Councilman Pritchard, seconded by Coun- cilman Beebe, to adopt a resolution of intent to allow a mobile home park on this site, that the matter be referred back to the Plan- ning Commission for site plan approval and to continue the appli- cation of the CUP for approval of the site plan by the Planning Commission within 180 days. Ken Johnson, 556 Bristol Court, suggested that the Council require that the wheels be taken off the mobile homes as a condition of approval. The City Attorney advised that the State law pre-empts the field of mobile homes in regard to construction, etc. If the wheels are removed, it becomes a fixture; then they must conform to the building code. The City Attorney was requested to explore this point. The motion to adopt a resolution of intent to allow a mobile home park at this site was passed by the following vote: AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller * * * As requested by the Council at the meeting of October 13, the text of the variance to per- mit increase in density at 1085 Murrieta Blvd. as requested by Daniel Gillice had been pre- pared by the Planning Director and submitted to the Council for approval at this time. REQUEST FOR VARIANCE (1085 Murrieta Blvd. Dan Gillice) Mayor Silva asked the applicant Mr. Gillice if he had examined the text of the variance as presented, and Mr. Gillice replied that he had looked at it. When asked if he agreed with it, Mr. Gillice stated it was still being studied. Mayor Silva asked if he wanted to have this item continued, Mr. Gillice replied he generally agreed but that he had asked that the Council approve the variance subject to the agreement being worked out with the various agencies such as Zone 7, the City and the applicant; whether or not he agreed with every paragraph in that agreement can be determined later. Mr. Musso advised the agreement was not submitted for approval at this time, only the variance which was approved tentatively the week before subject to review of the text by the Council. Mr. Lewis added that the draft included in the agenda packet was just a preliminary draft for information purposes only at this time. Councilman Miller spoke in regard to Exhibit "B" which shows the area to be dedicated and the lots which Mr. Gillice proposes to sell. The staff advised a formal Exhibit "B" map will be pre- pared and attached to the contract in its final form. If the draft of the variance as presented is approved, then the document will be prepared in accordance with the variance. Councilman Miller felt this could not be as it must first be decided if the property remaining after lots are sold by Mr. Gillice is valuable to the City as the trailway for the park could be lost, and he pointed out on the map certain parcels which he felt should be dedicated to the City. CM-23-263 ."'''",'~''''''+'"._'''.._'.'''_W__'______'____.'_'.'''_.__''.u ~ October 19, 1970 (Veriance - Gillice) The Public Works Director stated that the parcels do project into the constricted part of the channel. It is true that the channel does go outside of the parcel that he can dedicate. He felt that the par- cels indicated will interfere with the proper development of the riding and bicycle paths and trails. Since the design has not yet been worked out, it is not known what restrictions will be placed on the design of the area. Discussion followed regarding wording in the variance indicating which lots can be sold to protect the channel design. Mr. Lee felt that if the variance were approved with the condition that all the areas dedicated for channel purposes be so indicated, then the City would be protected. When the design is worked out, it can be determined which lots can be sold without jeopardizing the design. Mr. Lewis suggested that the property be required to be dedicated within a certain time or prior to start of construction and the area to be dedicated will be generally shown in Exhibit flBfl with the exception of such properties as the Council may permit to be sold prior to dedication. Councilman Taylor made a motion to approve the variance with the exception of Item A.4 the condition be added, If Prior to issuance of a Building Permit the owner may be allowed to sell certain se- lected properties which are not deemed to be essential to public use of the dedicated portion, subject to staff approval. fl The motion was seconded by Councilman Beebe. Councilman Miller felt resolution of which properties are to be sold should be within 30, 60 to 90 day period. Councilman Taylor stated that before this could be done, the whole design of the channel would have to be made and this would take more than 60 to 90 days. Councilman Miller raised the question of the formula to be used for computing the units to be transferred; the formula should in- clude the sales to be made. He suggested an algebraic formula. The motion to approve the variance with the condition as stated above was approved by the fOllowing vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller * * * CUP RE GOLF COURSE AND GOLF SHOP (2) Councilman Pritchard stated he lived within 300 feet of one of the uses for which a Conditional Use Permit application had been made; therefore, he abstained from discussion on these items. Planning Director George Musso explained that the matters before the Council are renewal of the permit for the original clubhouse site on Bluebell Drive, which was approved by the Planning Commis- sion as it had been originally except for additional public works requirements. The main issue was centered around the temporary facility on Primrose Lane. Councilman Beebe made a motion, seconded by Councilman Taylor, to approve the Conditional Use Permit renewal for the proposed club house and golf course on Bluebell Drive. The Planning Commission's recommendation was for approval for a period of three years. The motion for approval of the CUP to allow the clubhouse and golf course passed by the fOllowing vote: AYES: Councilmen Beebe, Taylor, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Pritchard CM-23-264 October 19, 1970 Mr. Musso explained that a request for a Condi- (CUP-Golf Shop) tional Use Permit has been made for a golf shop at 4875 Primrose Lane. The use was in existence at this location without knowledge of the staff until the Spring- town Community Center was turned over to the residents of Spring- town. A permit is now being requested. There have been some complaints about the use and the Planning Commission concluded that the use should not be extended for an indefinite time and recommended a one year term. The applicant stated the proposed clubhouse would probably be built as soon as title is cleared to the land, which will be at least six months. Clyde Highet, 1317 Hibiscus Way, stated he had a list of the deed restrictions on this property, which states that no lot shall be used except for residential purposes. Mr. Lewis, the City Attorney, advised that the Council could not issue any permit that would affect the rights of the homeowners association. If there is a commercial operation in a residence in opposition or violation to this covenant, it can be enforced legally regardless of any action by the City, but not through the City. Mrs. Esther Loomis, 4863 Primrose Lane, stated she lived next door to the pro shop, and a one year extension would be agree- able to her. Councilman Beebe made a motion, seconded by Councilman Taylor, to approve the Planning Commission's recommendation to allow the golf shop (existing) for one year. Mayor Silva made a mo- tion to amend the main motion, seconded by Councilman Beebe, to emphasize that the permit be extended for one year only. The motion and amendment were approved by the following vote: AYES: Councilmen Beebe, Tpylor, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Pritchard * * * A Conditional Use Permit application was sub- mitted by Damon L. Canfield (Joe's Texaco) to allow operation of an auto rental agency and auto storage in a neighborhood shopping center at 4186 East Avenue. CUP-JOErs TEXACO (4186 E. Ave.) On motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, the Council approved the recommendation of the Planning Commission subject to all conditions as outlined in their Resolution No. 29-70. * * * An application f~r rezoning has been submitted by Josephine P. Tompkins for a site on the southwest corner of Hillcrest Avenue and East Avenue from RL-6 to RG-16 District. REPORT RE REZONING (SW Corner Hillcresi and East Avenues) A motion was made by Councilman Miller, seconded by Councilman Pritchard, and passed unanimously, to set the matter for public hearing on November 9. * * * A report from the Planning Director re reevalua- tion of arroyo parkways was continued for two weeks. REPORT RE REEVALUA- TION ARROYO PARKWAY, CM-23-265 . __~_.. .~,+.._" _>_.___._._^' _,_ . '.,.. ,__"_'O"__'~__ ..__.._.~._...." October 19, 1970 PROPOSED ORDI- NANCE RE LOT FRONTAGE REQUIREMENTS, ACCESSORY STRUCTURES AYES: NOES: On motion of Councilman Miller, seconded by Council- man Pritchard, and by the following vote, the reading of the ordinance was waived (title read only) and the ordinance amending subsections 20.34, 20.44, 20.45, 20.60, 20.61, 20.62~ 20.63, 20.64 and 20.65 of Section 20.00 re General Provisions and repeal- ing Sec. 20.52 re frontages of Div. 1 of Article IV re standards and design was introduced: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None * * * ORDINANCE RE PARK LAND ORDINANCE NO. 724 DEDICATION AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING DIVISION 5, RELATING TO PROVISION FOR NEIGHBORHOOD PARKS, OF ARTICLE IV, RELATING TO STANDARDS AND DESIGN, OF CHAPTER 20, RELAT- ING TO SUBDIVISIONS, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the ordinance was waived, and by the followin~ vote the above ordinance was passed: AYES: NOES: Councilmen Beebe, Tav10~ None d by Coun- econde as Beebe, s dinance w f councilman. a of the or ollowing O motion 0 the readlno d by the f fees n Miller, lY) an 8 4 re ci~ma~ (title read o~mending sec:nt~oduced and walve ordinance .city waS l vote, the 8 re Electrl f Chapter d Mayor o M'ller an filed: pritchard, l Silva Taylor, Beebe, councilmen .~~})t(~ ~ b~l~WcE RE FEES - ELECTRICITY AYES: NOES: ABSEN'r: _v-..;lIlent re None -~Sloeptember None L _.~ vlllent - September Llbrary - quarterly - July/September Police and Pound Departments - September Water Reclamation Plant - September Mayor Silva pointed out that the Library Board has cancelled their policy of charging fees to out of town residents for one year, and he did not agree with the decision. This was discussed by the Coun- cil and the City Manager was asked to check into the matter. Mayor Silva, with the Council's concurrence, requested that the Police Department add a cover letter to their report to highlight the events of the month and quarter, and the staff was instructed to request the department head to submit this cover letter. Mr. Parness advised that the Police Report was a copy of that re- quired by the State and FBI, and asked if the Council would pre- fer just a one page summary. The Council agreed that the City Manager should use his discretion in his request to the Police Department for a report. Surplus Determination (Camp Parks) * * * A communication was received from General Services Administration with notice of surplus determination of government property re portion of Camp Parks. The Council discussed the possibility of obtaining a portion of the parcel for use by the City of Livermore, however Mr. Parness CM-23-266 stated the land was not in this township, and felt the only thing we could request would be use of the old airfield for a landing field for public training purposes; other airports in the vicinity subscribed to this idea. October 19, 1970 (Camp Parks) Councilman Taylor stated we should support the efforts of other cities to obtain any land for park purposes to preserve open space. Mayor Silva instructed the staff to explore the aspect of the airfield as recommended by the City Manager, and the Council approved the further recommendation of the City Manager that the matter be referred to the Valley Planning Committee for S8me action in the interest of the Valley. * * * Communication From FOE re Annual Civic Award A communication was received from the Livermore Aerie, Fraternal Order of Eagles, with an invi- tation to the Council to attend the annual Civic Award Presentation on October 27. Since the members of the Council will be attending a con- ference of the League of California Cities in San Diego at that time, Councilman Pritchard suggested that letters be sent to the Fraternal Order of Eagles and also Mr. Centoni, recipient of the award. A motion was made by Councilman Pritchard, seconded by Councilman Beebe, and approved unanimously, adopting a resolution commending Mr. Centoni. RESOLUTION NO. 133-70 A RESOLUTION COMMENDING RAY CENTONI * * * COUNTY REFERRAL (CUP-Wholesale Nursery,Mushrooms, 2963 Rodeo Lane) A County referral re Conditional Use Permit application submitted by K. R. Hilke, et al to permit a wholesale nursery for cultivation of mushrooms at 2963 Rodeo Lane was acted upon at the meeting of October 13, however Council- man Taylor had requested that this action be reconsidered at this meeting because he felt it was definitely an industrial use, rather than agricultural, and asked for advice from the City Attorney for reversing the decision on this matter. Mr. Lewis advised it should be removed from the Consent Calendar, revoke prior action, and the applicant notified. Councilman Pritchard stated the applicant was not able to attend the meeting and asked that the matter be continued inasmuch as he had not been notified. The Council discussed the continuation of this matter in order to hear testimony from the applicant; however, this could not be done as the item is on the a~enda for the County Planning Commission meeting of October 2~, and there will not be a City Council meeting on October 26. There was discussion regarding procedure followed when county referrals are received by the City, and it was pointed out that the County, not the City, is responsible for holding any public hearing and contacting the concerned parties in such cases; consideration by the Council is advisory only. Councilman Taylor made a motion, seconded by Councilman Miller, to remove this item from the Consent Calendar, and to approve the recommendation of the Planning Commission for denial for _,__.... ......,...' ....__.._.._._._~____._.___._..__.,_...,_.M_ ..__..~ __.. _. CM-23-267 October 19, 1970 (cup the reasons outlined in the staff report. 2963 Rodeo Lane) Councilman Pritchard felt that under the circum- stances since the applicant was not present and they would not have the opportunity to hear from the applicant be- fore the meeting of the County Planning Commission on October 28, the Council should consider giving no recommendation to the County. However, the motion for denial was passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Mayor Silva Councilmen Beebe and Pritchard Chamber of Commerce Report of Expenditures * * * A report was prepared by the Chamber of Commerce covering six month budgetary exgenditures for the periods July thru December, 1968; January thru June, 1969; and July thru December, 1969, in accord- ancewith the request of the Council. Mayor Silva suggested that the Chamber might also want to issue a report of functions and projects which benefited the City in general. Councilman Miller also commented briefly on the report of expendi- tures. Report re 1st st. Off-Street Parking Lot * * * Several weeks ago at the instruction of the City Council a poll was conducted among the central busi- ness district merchants regarding time parking limits on the off-street parking lot located behind the First Street stores. The Police and Public Works Departments have investigated the parking lot usage within recent weeks. A summary statement of the results was prepared, and the recommendation was made that time limits should not be established at this time as there are available stalls at most times of the day. REPORT RE STREET SWEEPER BID * * * Sealed bids were received recently for the purchase of street sweepers. The bidders failed to comply with the request that a listing for price under each bid category be made. The City Attorney advises that fairness would best be served by rejecting the bids and requesting their resubmission under a revised specifica- tion and bid proposal which would delete the alternates and request only a purchase price. Bequest to Library * * * The City Manager advised that a bequest in the amount of $500 had been received from the late Mrs. Mayme R. Krythe, mother of Mrs. Albert Kirschbaum, a local resident. The money is to be pledged for the pur- chase of children's books over a five year period. A motion of formal acceptance was made and it was directed that a letter ex- tending the City's gratitude be sent to Mrs. Kirschbaum. * * * Agreement re Storage Shed RESOLUTION NO. 134-70 Civic Center Site RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (LARPD) The above resolution authorizes execution of license agreement with the Livermore Area Recreation and Park District for use of the civic center storage building by the Livermore Cultural Arts Coun- cil and various other related organizations. CM-23-268 * * * October 19, 1970 RESOLUTION NO. 135-70 Final Schedule of Costs (Murrieta RESOLUTION APPROVING ENGINEER'S FINAL SCHE- Blvd Assessment DULE OF COSTS AND DECLARING DISTRIBUTION OF District) FUNDS, ASSESSMENT DISTRICT NO. 67-1, MURRIETA BOULEVARD, CITY OF LIVERMORE, ALAMEDA COUNTY The Murrieta Boulevard Assessment District cost allocation has been finalized and the above resolution formalizes the distribu- tion of expenses. A balance of $17,552 is available for reim- bursement to the City in accordance with previous direction that any surplus proceeds would inure to the benefit of the City. * * * RESOLUTION NO. 136-70 Allocation of Wagoner Farms Assessment District A RESOLUTION ORDERING THE STREET SUPERINTENDENT TO FILE AN AMENDED ASSESSMENT, SEGREGATING AND APPORTIONING UNPAID INSTALLMENTS, ASSESSMENT NUMBERS E-12 and 132 OF ASSESSMENTS ADOPTED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE ON THE 18th DAY OF FEBRUARY, 1963, IN WAGONER FARMS ASSESSMENT DISTRICT NO. 1962-3, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. The above resolution is in accordance with provisions of the Streets and Highways Code which includes the filing of a report by the Street Superintendent regarding allocation of Wagoner Farms Assessment District. Recent division of land requires reapportionment of assessments in this District. A hearing will also be held by the Council on the report when it is prepared. * * * A report has been submitted by the City Attorney regarding the decision of the District Court of Appeals regarding Section 11546 of the Business and Professions Code, which has been held to be, on its face, constitutional except for subsection opinion of the Court has been furnished for study with the park land dedication ordinance. Report re Park Land Dedication (g) . The in connection * * * Sixty claims in the amount of $57,631.20, dated Payroll and Claims October 15, 1970, were ordered paid as approved by the City Manager. Councilman Silva abstained from voting on Warrant No. 8820 and Councilman Beebe abstained from voting on Warrant No. 8809, for their usual reasons. * * * A motion was made by Councilman Miller, seconded by Councilman Taylor, to approve the items on the Consent Calendar, and the motion was passed unanimously. Approval of Consent Calendar * * * The City Manager reminded the Council of its meeting on October 21 at 11:00 a.m. to further discuss the Capital Improvement Budget. MATTERS INITIATED BY STAFF (Capital Improvement Budget * * * CM-23-269 ._,....._.._~_...,.".'_T~._..._.______~_,."___.._-~-~.--.---.-- October 19, 1970 (Business License Ordinance) The City Manager stated that a great deal of mater- ial has been prepared regarding the proposed changes in the Business License Ordinance. There will be a great deal of community interest in this item and the Chamber of Commerce has listed it as a matter of Mayor Silva suggested that this item be discussed by the at a study session before it is included on the Council This would allow the Council members to have ample time the proposed ordinance, as would the Chamber of Commerce, hearing is held. study. Council agenda. to study before a MATTERS INITIATED BY COUNCILMEN (Proposed Ordinance re Trailers) * * * Councilman Beebe suggested that each Council member state his feelings and suggestions in regard to the regulation of trailers so that a policy could be set. Mr. Musso stated the Planning Commission had prepared an ordinance pertaining to trailers some time ago, but it had not been presented to the Council as yet. Mayor Silva felt that the Council minutes would re- flect the feelings of the Council to the Planning Commission and aid the Commission in formulating an ordinance, and the Council could do likewise. (General Plan Density) (Ecology Report) * * * Councilman Beebe stated the present Council should go on record in the near future supporting the overall density of 3.5 gross or 2.8 net. Members of the Council felt that discussions regarding various issues which had been before the Council indicated that they did support the density. * * * Councilman Miller referred to the text of an ecology speech given by former Councilman Uthe which has been distributed to the members of the Council and stated he felt they should ask Mr. Uthe to come before the Council to give a summary of his statements. Councilman Miller discussed some aspects of the report in regard to future growth of Livermore and the Valley and emphasized the need to look ahead and plan for the future. * * * (Violation of Councilman Miller referred to the City's ordinance City Ordinance) prohibiting the cutting of trees within the public right-of-way with a permit. He said a series of trees had been cut down by Mr. Bill Struthers, whereas the permit specifically required that they be left. Mr. Lee advised that the site plan required that the trees be saved. The staff was requested to check into the matter and report back to the Council. (Festival of Arts) ADJOURNMENT CM-23-270 * * * Mayor Silva commented on the recent Festival of Arts and expressed his feelings that the Festival had been a beneficial community event. He felt it might be expanded to more than one event during the year, and suggested a committee be named. The Council felt this item should be considered again. * * * ATTEST the There bein~ Council th APPROVE October 19, 1970 Mr. Musso explained that a request for a Condi- (CUP-Golf Shop) tional Use Permit has been made for a golf shop at 4875 Primrose Lane. The use was in existence at this location without knowledge of the staff until the Spring- town Community Center was turned over to the residents of Spring- town. A permit is now being requested. There have been some complaints about the use and the Planning Commission concluded that the use should not be extended for an indefinite time and recommended a one year term. The applicant stated the proposed clubhouse would probably be built as soon as title is cleared to the land, which will be at least six months. Clyde Highet, 1317 Hibiscus Way, stated he had a list of the deed restrictions on this property, which states that no lot shall be used except for residential purposes. Mr. Lewis, the City Attorney, advised that the Council could not issue any permit that would affect the rights of the homeowners association. If there is a commercial operation in a residence in opposition or violation to this covenant, it can be enforced legally regardless of any action by the City, but not through the City. Mrs. Esther Loomis, 4863 Primrose Lane, stated she lived next door to the pro shop, and a one year extension would be agree- able to her. Councilman Beebe made a motion, seconded by Councilman Taylor, to approve the Planning Commission's recommendation to allow the golf shop (existing) for one year. Mayor Silva made a mo- tion to amend the main motion, seconded by Councilman Beebe, to emphasize that the permit be extended for one year only. The motion and amendment were approved by the following vote: AYES: Councilmen Beebe, Tpylor, Miller and Mayor Silva NOES: None ABSTAIN: Councilman Pritchard * * * A Conditional Use Permit application was sub- mitted by Damon L. Canfield (Joe's Texaco) to allow operation of an auto rental agency and auto storage in a neighborhood shopping center at 4186 East Avenue. CUP-JOE'S TEXACO (4186 E. Ave.) On motion of Councilman Miller, seconded by Councilman Beebe, and by unanimous vote, the Council approved the recommendation of the Planning Commission subject to all conditions as outlined in their Resolution No. 29-70. * * * An application f~r rezoning has been submitted by Josephine P. Tompkins for a site on the southwest corner of Hillcrest Avenue and East Avenue from RL-6 to RG-16 District. REPORT RE REZONING (SW Corner Hillcrest and East Avenues) A motion was made by Councilman Miller, seconded by Councilman Pritchard, and passed unanimously, to set the matter for public hearing on November 9. * * * A report from the Planning Director re reevalua- tion of arroyo parkways was continued for two weeks. REPORT RE REEVALUA- TION ARROYO PARKWAYS CM-23-265 I October 19, 1970 PROPOSED ORDI- NANCE RE LOT FRONTAGE REQUIREMENTS, ACCESSORY STRUCTURES On motion of Councilman Miller, seconded by Council- man Pritchard, and by the following vote, the reading of the ordinance was waived (title read only) and the ordinance amending subsections 20.34, 20.44, 20.45, 20.60, 20.61, 20.62, 20.63, 20.64 and 20.65 of Section 20.00 re General Provisions and repeal- ing Sec. 20.52 re frontages of Div. 1 of Article IV re standards and design was introduced: AYES: NOES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None * * * ORDINANCE RE PARK LAND ORDINANCE NO. 724 DEDICATION AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING DIVISION 5, RELATING TO PROVISION FOR NEIGHBORHOOD PARKS, OF ARTICLE IV, RELATING TO STANDARDS AND DESIGN, OF CHAPTER 20, RELAT- ING TO SUBDIVISIONS, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the ordinance was waived, and by the following vote the above ordinance was passed: AYES: Councilmen Beebe, Taylor, Miller, Pritchard and Mayor Silva NOES: None * * * CONSENT CALENDAR Departmental Reports Departmental reports were received from the following: Airport - activity and financial - September Building Inspection - September Civil Defense - quarterly - July/September Golf Course - September Finance Department - quarterly statement re operating budget July/September Fire Department - September Library - quarterly - July/September Police and Pound Departments - September Water Reclamation Plant - September Mayor Silva pointed out that the Library Board has cancelled their policy of charging fees to out of town residents for one year, and he did not agree with the decision. This was discussed by the Coun- cil and the City Manager was asked to check into the matter. Mayor Silva, with the Council's concurrence, requested that the Police Department add a cover letter to their report to highlight the events of the month and quarter, and the staff was instructed to request the department head to submit this cover letter. Mr. Parness advised that the Police Report was a copy of that re- quired by the State and FBI, and asked if the Council would pre- fer just a one page summary. The Council agreed that the City Manager should use his discretion in his request to the Police Department for a report. * * * Surplus Determination (Camp Parks) A communication was received from General Services Administration with notice of surplus determination of government property re portion of Camp Parks. The Council discussed the possibility of obtaining a portion of the parcel for use by the City of Livermore, however Mr. Parness CM-23-266 ~'Yi~ ) .' ~) /' / '1:1 ~"'. ..; PROPOSED ORDINANCE RE FEES - ELECTRICITY On motion of Councilman Beebe, seconded by Coun- cilman Miller, the reading of the ordinance was waived (title read only), and by the following vote, the ordinance amending Sec. 8.4, re fees of Chapter 8 re Electricity was introduced and filed: t AYES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva NOES: None ABSENT: None I October 19, 1970 PROPOSED ORDI- NANCE RE LOT FRONTAGE REQUIREMENTS, ACCESSORY STRUCTURES On motion of Councilman Miller, seconded by Council- man Pritchard, and by the following vote, the reading of the ordinance was waived (title read only) and the ordinance amending subsections 20.34, 20.44, 20.45, 20.60, 20.61, 20.62, 20.63, 20.64 and 20.65 of Section 20.00 re General Provisions and repeal- ing Sec. 20.52 re frontages of Div. 1 of Article IV re standards and design was introduced: AYES: NOES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None * * * ORDINANCE RE PARK LAND ORDINANCE NO. 724 DEDICATION AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING DIVISION 5, RELATING TO PROVISION FOR NEIGHBORHOOD PARKS, OF ARTICLE IV, RELATING TO STANDARDS AND DESIGN, OF CHAPTER 20, RELAT- ING TO SUBDIVISIONS, OF THE LIVERMORE CITY CODE, 1959. On motion of Councilman Miller, seconded by Councilman Pritchard, the second reading of the ordinance was waived, and by the following vote the above ordinance was passed: AYES: NOES: Councilmen Beebe, Taylor, Miller, Pritchard and Mayor Silva None * * * CONSENT CALENDAR Departmental Reports Departmental reports were received from the following: Airport - activity and financial - September Building Inspection - September Civil Defense - quarterly - July/September Golf Course - September Finance Department - quarterly statement re operating budget July/September Fire Department - September Library - quarterly - July/September Police and Pound Departments - September Water Reclamation Plant - September Mayor Silva pointed out that the Library Board has cancelled their policy of charging fees to out of town residents for one year, and he did not agree with the decision. This was discussed by the Coun- cil and the City Manager was asked to check into the matter. Mayor Silva, with the Council's concurrence, requested that the Police Department add a cover letter to their report to highlight the events of the month and quarter, and the staff was instructed to request the department head to submit this cover letter. Mr. Parness advised that the Police Report was a copy of that re- quired by the State and FBI, and asked if the Council would pre- fer just a one page summary. The Council agreed that the City Manager should use his discretion in his request to the Police Department for a report. * * * Surplus Determination (Camp Parks) A communication was received from General Services Administration with notice of surplus determination of government property re portion of Camp Parks. The Council discussed the possibility of obtaining a portion of the parcel for use by the City of Livermore, however Mr. Parness CM-23-266 \ '0J~ ) t~ ~') ~~~~ / , -" PROPOSED ORDINANCE RE FEES - ELECTRICITY On motion of Councilman Beebe, seconded by Coun- cilman Miller, the reading of the ordinance was waived (title read only), and by the following vote, the ordinance amending Sec. 8.4, re fees of Chapter 8 re Electricity was introduced and filed: AYES: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva NOES: ABSENT: None None stated the land was not in this township, and felt the only thing we could request would be use of the old airfield for a landing field for public training purposes; other airports in the vicinity subscribed to this idea. October 19, 1970 (Camp Parks) Councilman Taylor stated we should support the efforts of other cities to obtain any land for park purposes to preserve open space. Mayor Silva instructed the staff to explore the aspect of the airfield as recommended by the City Manager, and the Council approved the further recommendation of the City Manager that the matter be referred to the Valley Planning Committee for some action in the interest of the Valley. * * * A communication was received from the Livermore Aerie, Fraternal Order of Eagles, with an invi- tation to the Council to attend the annual Civic Award Presentation on October 27. Since the members of the Council will be attending a con- ference of the League of California Cities in San Diego at that time, Councilman Pritchard suggested that letters be sent to the Fraternal Order of Eagles and also Mr. Centoni, recipient of the award. Communication From FOE re Annual Civic Award A motion was made by Councilman Pritchard, seconded by Councilman Beebe, and approved unanimously, adopting a resolution commending Mr. Centoni. RESOLUTION NO. 133-70 A RESOLUTION COMMENDING RAY CENTONI * * * A County referral re Conditional Use Permit application submitted by K. R. Hilke, et al to permit a wholesale nursery for cultivation of mushrooms at 2963 Rodeo Lane was acted upon at the meeting of October 13, however Council- man Taylor had requested that this action be reconsidered at this meeting because he felt it was definitely an industrial use, rather than agricultural, and asked for advice from the City Attorney for reversing the decision on this matter. COUNTY REFERRAL (CUP-Wholesale Nursery,Mushrooms, 2963 Rodeo Lane) Mr. Lewis advised it should be removed from the Consent Calendar, revoke prior action, and the applicant notified. Councilman Pritchard stated the applicant was not able to attend the meeting and asked that the matter be continued inasmuch as he had not been notified. The Council discussed the continuation of this matter in order to hear testimony from the applicant; however, this could not be done as the item is on the agenda for the County Planning Commission meeting of October 28, and there will not be a City Council meeting on October 26. There was discussion regarding procedure followed when county referrals are received by the City, and it was pointed out that the County, not the City, is responsible for holding any public hearing and contacting the concerned parties in such cases; consideration by the Council is advisory only. Councilman Taylor made a motion, seconded by Councilman Miller, to remove this item from the Consent Calendar, and to approve the recommendation of the Planning Commission for denial for CM-23-267 October 19, 1970 (CUP the reasons outlined in the staff report. 2963 Rodeo Lane) Councilman Pritchard felt that under the circum- stances since the applicant was not present and they would not have the opportunity to hear from the applicant be- fore the meeting of the County Planning Commission on October 28, the Council should consider giving no recommendation to the County. However, the motion for denial was passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Mayor Silva Councilmen Beebe and Pritchard Chamber of Commerce Report of Expenditures * * * A report was prepared by the Chamber of Commerce covering six month budgetary eX2enditures for the periods July thru December, 196~; January thru June, 1969; and July thru December, 1969, in accord- ancewith the request of the Council. Mayor Silva suggested that the Chamber might also want to issue a report of functions and projects which benefited the City in general. Councilman Miller also commented briefly on the report of expendi- tures. * * * Several weeks ago at the instruction of the City Council a poll was conducted among the central busi- ness district merchants regarding time parking limits on the off-street parking lot located behind the First Street stores. The Police and Public Works Departments have investigated the parking lot usage within recent weeks. A summary statement of the results was prepared, and the recommendation was made that time limits should not be established at this time as there are available stalls at most times of the day. Report re 1st st. Off-Street Parking Lot * * * Sealed bids were received recently for the purchase of street sweepers. The bidders failed to comply with the request that a listing for price under each bid category be made. The City Attorney advises that fairness would best be served by rejecting the bids and requesting their resubmission under a revised specifica- tion and bid proposal which would delete the alternates and request only a purchase price. REPORT RE STREET SWEEPER BID Bequest to Library * * * The City Manager advised that a bequest in the amount of $500 had been received from the late Mrs. Mayme R. Krythe, mother of Mrs. Albert Kirschbaum, a local resident. The money is to be pledged for the pur- chase of children's books over a five year period. A motion of formal acceptance was made and it was directed that a letter ex- tending the City's gratitude be sent to Mrs. Kirschbaum. * * * Agreement re Storage Shed RESOLUTION NO. 134-70 Civic Center Site RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (LARPD) The above resolution authorizes execution of license agreement with the Livermore Area Recreation and Park District for use of the civic center storage building by the Livermore Cultural Arts Coun- cil and various other related organizations. CM-23-268 * * * October 19, 1970 RESOLUTION NO. 135-70 Final Schedule of Costs (Murrieta RESOLUTION APPROVING ENGINEER'S FINAL SCHE- Blvd Assessment DULE OF COSTS AND DECLARING DISTRIBUTION OF District) FUNDS, ASSESSMENT DISTRICT NO. 67-1, MURRIETA BOULEVARD, CITY OF LIVERMORE, ALAMEDA COUNTY The Murrieta Boulevard Assessment District cost allocation has been finalized and the above resolution formalizes the distribu- tion of expenses. A balance of $17,552 is available for reim- bursement to the City in accordance with previous direction that any surplus proceeds would inure to the benefit of the City. * * * RESOLUTION NO. 136-70 A RESOLUTION ORDERING THE STREET SUPERINTENDENT TO FILE AN AMENDED ASSESSMENT, SEGREGATING AND APPORTIONING UNPAID INSTALLMENTS, ASSESSMENT NUMBERS E-12 and 132 OF ASSESSMENTS ADOPTED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE ON THE 18th DAY OF FEBRUARY, 1963, IN WAGONER FARMS ASSESSMENT DISTRICT NO. 1962-3, CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA. Allocation of Wagoner Farms Assessment District The above resolution is in accordance with provisions of the Streets and Highways Code which includes the filing of a report by the Street Superintendent regarding allocation of Wagoner Farms Assessment District. Recent division of land requires reapportionment of assessments in this District. A hearing will also be held by the Council on the report when it is prepared. * * * A report has been submitted by the City Attorney regarding the decision of the District Court of Appeals regarding Section 11546 of the Business and Professions Code, which has been held to be, on its face, constitutional except for subsection opinion of the Court has been furnished for study with the park land dedication ordinance. * * * Report re Park Land Dedication (g ) . The in connection Sixty claims in the amount of $57,631.20, dated Payroll and Claims October 15, 1970, were ordered paid as approved by the City Manager. Councilman Silva abstained from voting on Warrant No. 8820 and Councilman Beebe abstained from voting on Warrant No. 8809, for their usual reasons. * * * A motion was made by Councilman Miller, seconded by Councilman Taylor, to approve the items on the Consent Calendar, and the motion was passed unanimously. * * * The City Manager reminded the Council of its meeting on October 21 at 11:00 a.m. to further discuss the Capital Improvement Budget. * * * Approval of Consent Calendar MATTERS INITIATED BY STAFF (Capital Improvement BUdget) CM-23-269 October 19, 1970 The City Manager stated that a great deal of mater- ial has been prepared regarding the proposed changes in the Business License Ordinance. There will be a great deal of community interest in this item and the Chamber of Commerce has listed it as a matter of Mayor Silva suggested that this item be discussed by the at a study session before it is included on the Council This would allow the Council members to have ample time the proposed ordinance, as would the Chamber of Commerce, hearing is held. (Business License Ordinance) study. Council agenda. to study before a * * * Councilman Beebe suggested that each Council member state his feelings and suggestions in regard to the regulation of trailers so that a policy could be set. Mr. Musso stated the Planning Commission had prepared an ordinance pertaining to trailers some time ago, but it had not been presented to the Council as yet. Mayor Silva felt that the Council minutes would re- flect the feelings of the Council to the Planning Commission and aid the Commission in formulating an ordinance, and the Council could do likewise. MATTERS INITIATED BY COUNCILMEN (Proposed Ordinance re Trailers) (General Plan Density) (Ecology Report) * * * Councilman Beebe stated the present Council should go on record in the near future supporting the overall density of 3.5 gross or 2.8 net. Members of the Council felt that discussions regarding various issues which had been before the Council indicated that they did support the density. * * * Councilman Miller referred to the text of an ecology speech given by former Councilman Uthe which has been distributed to the members of the Council and stated he felt they should ask Mr. Uthe to come before the Council to give a summary of his statements. Councilman Miller discussed some aspects of the report in regard to future growth of Livermore and the Valley and emphasized the need to look ahead and plan for the future. * * * (Violation of Councilman Miller referred to the City's ordinance City Ordinance) prohibiting the cutting of trees within the public right-of-way with a permit. He said a series of trees had been cut down by Mr. Bill Struthers, whereas the permit specifically required that they be left. Mr. Lee advised that the site plan required that the trees be saved. The staff was requested to check into the matter and report back to the Council. (Festival of Arts) ADJOURNMENT CM-23-270 * * * Mayor Silva commented on the recent Festival of Arts and expressed his feelings that the Festival had been a beneficial community event. He felt it might be expanded to more than one event during the year, and suggested a committee be named. The Council felt this item should be considered again. * * * ATTEST There beina Council th APPROVE usiness to come before the adj rned at 1:15 a.m. , Regular Meeting of November 2, 1970 A regular meeting of the City Council was held on November 2, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:07 p.m. by Mayor Silva. * * * ABSENT: PRESENT: Councilmen Beebe, Taylor, Pritchard, ROLL CALL Miller and Mayor Silva None * * * Mayor Silva led the members of the Council and those present in the audience in the Pledge of Allegiance. * * * The minutes of the regular meeting of October 13 and October 19, 1970, having been delivered to all Councilmen, were approved as amended on motion of Councilman Miller, seconded by Coun- cilman Pritchard, and by unanimous vote. * * * Earl Kerr, 1654 Hollyhock, referred to a pre- vious action by the Council in approving a temporary use for a clubhouse by the Springtown Golf Course, subject to an agreement with the Springtown Association regarding their parking lot. He inquired if there was a time limit placed for this to be done. PLEDGE OF ALLEGIANCE MINUTES OPEN FORUM (Clubhouse -Parking, Springtown Area) Mr. Musso stated there was no requirement for use of the parking lot; the clubhouse will require parking space, which can be 'obtained by receiving permission of the Springtown Association to use their parking lot. If this is not done, there will not be a permit issued. There was no time limit set. Mr. Musso was instructed to check into the status of this matter and to write to Intermark Investing, Inc., requesting that action be taken within thirty to sixty days. * * * An application for rezoning of property located generally south of U.S. 580, easterly of Isabel Avenue (extended) and north and south of Las Positas Road from Rs-4 and A Districts to PD District has been made by Associated Professions. Also an application for a Planned Unit Development Permit to allow a mobilehome park, drive-in theatre, cemetery and industrial area has been submitted by the applicant for this pro- perty, which comprises a total of 211 acres. PUBLIC HEARING RE REQUEST FOR REZONING AND PUD (Associated Professions) Associated Professions has requested a continuance until November 16 as the applicant is unable to attend this meeting. Mayor Silva inquired if there was anyone present in the audience who wished to speak on this matter and would be unable to attend on the 16th to present testimony, but no one came forward. A motion was made by Councilman Taylor, seconded by Councilman Beebe, to continue the public hearing on the subject property until November 16, and approved unanimously. * * * CM-23-271 November 2, 1970 PUBLIC HEARING RE ZONING OF PORTOLA AVE. ANNEX NO. 4 The public hearing regarding the assignment of zoning categories to the recently annexed area known as Portola Avenue Annex No. 4 had been con- tinued and referred back to the Planning Commis- sion for some additional study. Involved were some changes proposed by the City Council to be reviewed by the Planning Commission and questions regarding de- annexation. The Planning Commission, in consideration of the pro- posed Planned Development District zoning for a triangle on Portola Avenue and Scott Street, noted that the acreage is not sufficient for that type of zoning as there is a 40-acre limitation for that zoning. Other proposed changes were that the area zoned agricul- tural on the north side of Las Positas Road be maintained as Rs-4 District zoning; that the commercial frontage on First Street be- come ID-H rather than CH District, which is obsolete under present ordinance; and that the property backing on Colgate Way be zoned RL-6 District rather than Rs-4 in order to avoid a split zoning assignment. The only other issue is whether the service station at Portola Avenue and First Street should be zoned commercial or left in Rs-4 zone; there is no zoning at present to accommodate the station except the ID-H District, and the Planning Commission re- commends that it be zoned Rs-4 until such time as the proposed shopping center is zoned. This would not affect the service station as authority has already been given through the sewer connection agreement for remodeling of the station. The zoning as shown on the map included in the agenda is the recommendation of the Planning Commission. Mayor Silva stated the intent of the Council in zoning that portion as PD District was to give the Council some control over the develop- ment. Discussion followed regarding effects of PD District zoning. The Planning Director also displayed a map which had been prepared by the applicant and pointed out differences in zonings as proposed by the Planning Commission. Mayor Silva opened the public hearing, and also stated that he would abstain from discussion relative to that portion proposed for Rs-4 District Zoning on the south side of First Street as his residence is within 300 feet of that area. ~ John Barker, of Associated Professions, Inc., representing the appli- cant, stated that this hearing had been continued from last July in accordance with the request of the applicant. He stated that if PD zoning could be assigned to the triangle on Portola Ave. through issuance of a variance, his client would be happy to do so as they did desire to have this zoning for this property. He would also like to have a resolution of intent, if agreeable to the Council, to the effect that it is good planning and good land use to have a shopping center in that location, together with, perhaps, some apartments and public park, as proposed by the staff for the triangle area. In regard to the area south of the railroad tracks, the new proposal by the applicant solves some of the original questions and problems. The introduction of an east-west street, separating the existing plants with additional screening and buffering would allow residential lots to the south, blending into the existing residences on Colgate Way, and his client would be agreeable to RL-6 or Rs-4 zoning for this area. Zoning was not indicated on the map they had prepared along Trevarno Road as they felt this should be indicated by the Council. The ID-H zoning for the commercial area is agreeable to his client and he proposed Rs-4 on the majority of the property north of Portola rather than RS-3, but he hoped that a decision could be reached on the other points before zoning for this area is decided. After further discussion the Council decided it would be best to hear all the testimony before any decision was made on any portion of the zoning. CM-23-272 November 2, 1970 Mr. Barker continued that the map presented dif- fered from their previous plan in that there is no request for RG-16 zoning on the two areas flanking Trevarno Road, and the request is for substantially less residential density in the area south of Portola Avenue and also on First street. He did feel that it would be good planning and better use to have 4 d.u./acre on the 176-acre piece north of Portola Ave. and west of First street. His client has employed the services of Mr. Edward Schaffnit of Larry Smith and Company, marketing consult- ants in San Francisco, who had studied the results of Rs-4 zon- ing as compared to RS-3. (Public Hearing - Portola Ave. Annex No.4) Mr. Schaffnit indicated he had prepared an analysis of residen- tial density as it affects land and housing prices and distri- buted a copy of a memorandum to members of the Council. He explained various factors used in determining that the total cost for a residential development of three units per acre would be approximately $3.6 million and the cost for four units per acre would be $3.8 million. The cost per lot would be $7,272 for three units and $5,720 for four units per acre. This land cost is one of the major determining factors in housing costs. There- fore, housing could be offered at $36,400 to $29,100 for 3.d.u./acre density as compared to $28,600 to $22,900 for 4 d.u./acre density. Everything else being equal, the higher density would allow hous- ing to be offered at about $6,000 to $8,000 less. Mr. Schaffnit referred to other tabulations in the memorandum regarding the re- lationship of density to cost and stated that there were only 143 acres of land other than the subject property presently zoned for the lower density. Councilman Taylor questioned the figures that a house would cost $6,000 to $8,000 less if built at the 4 d.u./acre density. Mr. Schaftnett agreed that part of the rise in cost would be due to the fact that a larger house would probably be built on the larger lot, not the identical house as on the smaller lot. Councilman Beebe pointed out the General Plan calls for lower density in hilly acres; part of the hilly acreage could be dedi- cated for park purposes and thus reduce the cost of improvements. Mayor Silva felt that the report pointed out basically that an identical house built on the larger lot would cost $1500 more due to increased land cost, but it was the practice of the build- ing trade to put larger homes on the larger lots and costs in- creased accordingly. Mr. Barker stated that this memorandum is an economic analysis and should be considered on that basis. It is academic that higher priced homes are built on higher priced lots. His client is trying to avoid being locked in to building homes in the higher priced range. Councilman Taylor stated that land zoned at higher density costs more than land zoned at lower density and the purchase price of the land would vary proportionately to the type of zoning on that land. Councilman Miller commented that our General Plan has shown this land zoned at 3 d.u./acre for some time and this was known when the property was purchased. The high interest rate is the main deterrent for people who want to buy lower priced homes. The Planning Director pointed out that under density transfer the developer is not required to dedicate the land to the City, but can make larger lots or common open space. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, to close the public hearing, and approved unanimously. CM-23-273 November 2, 1970 (PH-Portola Ave. Previous discussion and action taken by the Coun- Annex No.4) cil regarding the zoning of this whole area were reviewed. In particular, the Council reviewed their thinking about the Portola Avenue/First Street triangle zoning. The majority of the Coun- cil felt that some multiple use would be good planning in conjunc- tion with the proposed commercial use on six acres of the triangle. Councilman Miller suggested that the portion recommended by the Plan- ning Commission for Rs-4 zoning overall should include commercial and if the developer chooses to take his allowable units under Rs-4 and make these into multiple units he would agree this was reasonable, but he did not want multiple zoning without regard to the General Plan density. Councilman Pritchard stated that the Council was not setting a figure for density, but the majority want to see a neighborhood shopping center and multiple use for the triangle. Councilman Miller stated that the Council had also expressed the desire to keep the densities in the General Plan, but these were incompatible with the proposed multiple zoning. Mayor Silva felt each area should be taken on its own merit, and the General Plan was just that - general guideline. It is logical to have multiple in the area next to the shopping center. Councilman Taylor felt the area should be planned properly and den- sity cannot be taken from one side and included on the other portion. The density for the multiple can come from any other portion of the area, but the question is logical planning. Councilman Miller made a motion that the triangle area bounded by First Street and Portola Avenue be zoned Rs-4 until an application is received, and then that portion which is not used for commercial remain Rs-4. There was not a second to the motion. Councilman Taylor made a motion to express the Council's intent to develop a neighborhood shopping center and multiple use along the lines of the plan presented previously for the triangle area bounded by First Street and Portola Aveoue; the motion was seconded by Coun- cilman Beebe and passed by the following vote: AYES: NOES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva Councilman Miller Councilman Taylor then made a motion that this property be zoned RS-4, seconded by Councilman Beebe, and it was approved unanimously. Councilman Miller made a motion that the property between First Street and the Southern Pacific railroad tracks be zoned ID-H as recommended by the Planning Commission; the motion was seconded by Councilman Taylor, and passed by unanimous vote. Councilman Miller made a motion that the property south of the Southern Pacific tracks, south to the proposed residential tract be zoned ID District. The motion was seconded by Councilman Beebe and approved unanimously. Mayor Silva abstained from discussion on the next item and Mayor pro tempore Miller presided. Councilman Beebe made a motion that the portion south of the street shown by Associated Professions, Inc. on their map be Rs-4, excluding the previously approved Parcel Map No. 637. motion was seconded by Councilman Pritchard. proposed zoned The Discussion followed regarding access of the proposed residential area. Mr. Musso stated that the change is a modification based on CM-23-274 November 2, 1970 street design. Some of this land requires access (PH-Portola Ave to Hillcrest Avenue for industrial development. Annex No.4) The Planning Commission recommendation is to con- fine the industrial to what already exists and to designate residential for the rest. The proposed street access will have industrial on one side and residential on the other with suitable buffering. Councilman Miller discussed densities under the General Plan and pointed out this area has been indicated as industrial which has zero density. By considering the planning aspects rather than the density count, the density is being increased over the General Plan density. He wished to see this area remain at lower density, and in no case should it exceed RS-3. Councilman Pritchard stated that the remark made by Councilman Miller would infer that if the Council zoned this Rs-4, they were not concerned with density, and did not feel this was the case as they were all concerned with density and have taken into consider- ation the General Plan. Further, he was just as concerned, and there are going to be exceptions to the General Plan now and again, and he took exception to the implication the other members of the Council are not concerned about density. Councilman Taylor reiterated that this was a very complicated area and Councilman Miller has implied they really should consider in- dustrial behind all the houses on Colgate Way, and according to the traffic pattern they are faced with, send industrial traffic down Hillcrest Avenue. He did not feel that Councilman Miller really wanted industrial in that area, but rather it was an ex- cuse to drive home his point about density, and continued that to zone this industrial only to make a point and force a very bad plan in the area is not responsible. Councilman Miller admitted that a portion of his discussion was to drive home his point, but he would not have offered it as a serious motion if he did not feel it could be developed as in- dustrial, contrary to what the Council might believe, because there is a street that will connect ultimately to First street. He did not feel his action was irresponsible, but did feel it was equally irresponsible to continue to override the density consi- d erations of the General Plan no matter what excuse is used and suggested that they continue the matter for one week and have the Planning Director give them the calculation on what they are pro- posing; if it is not a higher density than the general plan, he would be willing to go along with the proposal for multiple on that corner which he did not feel is justified. Councilman Taylor stated he was aware of what the outcome would be, however he advised Councilman Miller that he had agreed to the zoning in the other area, for the most part, which he pointed out, and now he was stating that since the other members of the Council had rezoned the other areas, therefore they must zone this particular parcel as ID, was not valid reasoning. Councilman Miller stated he would be happy to zone the area north of Portola Avenue to 2.5 d.u./acre and be happy to introduce that motion, and had only agreed to RS-3 because he did not believe the Council would consider multiple for the area being discussed, and he would be willing to reconsider the overall densities they had considered if the other members of the Council would wait until the Planning Director figures what the proper density would be for the General Plan. Mr. Musso commented that relative to the property on the south side of the industrial area behind Colgate Way, it is not a pro- posed change in density; it is 4 d.u./acre. They are only taking the General Plan and refining it on the basis of design, but it is still 4 d.u./acre. They are not increasing density, but maybe the number of units that will be in that neighborhood. CM-23-275 November 2, 1970 (Public Hearing re Rezoning - Portola Ave. Annex No.4) Councilman Miller made a motion to table the matter for one week to have the densities calculated, how- ever there was no second to the motion, and Council- man Pritchard called for the question on the motion on the floor, and Mayor pro tempore Miller restated the motion which was to zone the property south of the street indicated on the map to Rs-4, with the exception of Parcel Map No. 637 to be RL-6 which was made by Coun- cilman Beebe, seconded by Councilman Pritchard, and the vote was as follows: AYES: Councilmen Beebe, Taylor and Pritchard NOES: Councilman Miller ABSTAIN: Mayor Silva Mayor Silva stated there was one more parcel - the properties in the Springtown/First Street overpass area, which was recommended for A-20 to the Planning Commission; however they recommended Rs-4, with ID-H for the area adjacent to First Street. Councilman Pritchard questioned why it was not left as A-20, rather than being recommended for Rs-4, and Mr. Musso replied they felt it was a feasible zoning; however, Councilman Taylor stated he did not feel it should be residential at Rs-4, as the property is bounded by the highway on one side, and he would prefer it remain as A-20. A motion was made by Councilman Taylor to zone the parcel south of Highway 580, north of Portola to A-20 and the one section to ID-H fronting on First Street as indicated on the Planning Commission's map, and the motion was seconded by Councilman Beebe and passed un- animously. Councilman Miller made a motion that the property they previously agreed to be RS-3, north of Portola Avenue, be zoned at a density of 2.5 d.u./acre, however there was no second to this motion. Report re Bequest to Fire Dept. Report re Airport Advisory Committee * * * CONSENT CALENDAR A bequest has been made to the Livermore Fire Depart- ment by virtue of the last will of Lennora Colldeweih in the sum of $100. The recommendation of the City Manager is that the bequest be accepted and used as a part of the newly instituted Fire Department Public Education Training Trailer fund, which would reflect on improved fire protection and community safety. * * * In accordance with instructions of the City Council, a proposed modification of the structure of the Air- port Advisory Committee was adopted, and it was re- ferred to the Council at this time for review and consideration. Also presented were letters from the Livermore Valley Airmen's Asso- ciation, Flying Particles, Inc., recommending certain memberships for appointment. It is suggested that the recommendations be accepted and the staff instructed to prepare a formalized resolution embooying the changes in Committee function, membership and terms. Report re Meeting - Transportation CM-23-276 * * * Report from the City Manager indicated that a special meeting is scheduled for November 19, for presentation of an interim report by the consultant retained by the Board to jurisdictions officials in the Valley re studies for the provision of bus services. November 2, 1970 Some time ago the Beautification Committee re- commended the acquisition of certain trash re- ceptacles for the central business district. The City Manager recommended the purchase of ten units for a one year trial period, and if after that time experience proves favorable, sums can be budgeted annually for more locations. Report re Trash Can Receptacles Janet Read, representing the Beautification Committee, questioned the recommendation as there was quite a discount involved if they purchased twenty, and Mr. Parness explained that the same dis- count was offered for ten. Mrs. Read indicated that in compari- son to what is needed in the City, she felt that twenty was a very small number. * * * A report was received from the Public Works Director advising that Tract 3028, consisting of 183 lots, developed by Kaufman & Broad and located south of Las Positas Blvd. and Curlew Road, has been completed and is ready for acceptance by the City for maintenance. RESOLUTION NO. 137-70 A RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TRACT NO. 3028 (KAUFMAN & BROAD) * * * A report from the Public Works Director was re- ceived recommending that a Notice of Completion be filed for Project 69-30, Quezaltenango Park- way. Report re Tract 3028 (Kaufman & Broad) Report re Quezaltenango Parkway Councilman Taylor expressed a wish to have a letter sent to Quezaltenango, together with pictures of the parkway for their information and Mr. Lee will do so. * * * Instructions were given to the staff at the previous meeting to review the existing State regulations for mobilehome parks concerning building code provisions and the removal of wheels, and the Chief Building Inspector pre- sented this report to the Council. * * * A communication was received from Mrs. Pat Childers re Festival of Arts recently held in the City expressing her appreciation. * * * A fact sheet was received from the Alameda County Taxpayers Association re various tax rates and other pertinent information. Coun- cilman Miller commented that Livermore was at the lower end of the property tax scale. * * * A copy of the audit report re Housing Authority for the 1969-70 fiscal year was submitted to the Council. * * * Report re Mobilehome Parks Festival of Arts News Facts re Tax Rates Audit Report - Housing Authority CM-23-277 November 2, 1970 Minutes - Various Exempt Business Licenses Payroll and Claims Approval of Consent Calendar REPORT RE AUTOMOTIVE BIDS Minutes were received from the following: Planning Commission - meetings of October 6 and 14 Housing Authority - September 22 Board of Appeals - October 8 * * * Applications for exempt business licenses and/or solicitors permits were approved for the following: Livermore Playschool, Inc. - money solicitation, rummage sale on November 21, sale of handmade items at school. Cub Scout Pack No. 925 - sale of candy during November and December st. Michael's School - pancake breakfast at Louis Store parking lot on November 14 League of Women Voters - film festival on Nov. 14 * * * Seventy-five claims in the amount of $90,760, and two hundred thirty-one payroll warrants in the amount of $76,701.38, dated October 29, 1970, were ordered paid as approved by the City Manager. * * * Councilman Beebe made a motion, seconded by Council- man Miller, to adopt the Consent Calendar as presented with the removal of Item 2.5 re PUD No. 15 for dis- cussion later, and the motion passed unanimously. * * * The City Manager reported re the automotive bids which were received on October 30 for the provision of seven police patrol vehicles and in addition bids were received for various trucks, however these were still undergoing investigation because of the com- plexity of the bids. Mr. Parness stated there was only a difference of $87.00 with respect to one GM product and the Chrysler Dodge; the staff has considered these bids and the fact that the GM product would be subject to a delay occasioned by the labor dispute and be- lieve the bid submitted by Livermore Dodge to be the most acceptable, based upon a delivery date, and recommended that the bid be awarded to Livermore Dodge for the police cars. A motion was made by Councilman Pritchard, seconded by Councilman Taylor to accept the staff recommendation. Councilman Miller ques- tioned the striking difference in the trade-in value between Ford and Chevrolet vs. Dodge, and Mr. Parness indicated that next year it is hoped they would be able to auction the old cars, if the Council would approve. The vote was taken on the motion and passed unanimously. REPORT RE CITY-LARPD JOINT ACTION RE PARKS * * * A report was submitted by the City Manager regarding an agreement concerning joint City-LARPD acquisition and development of parks. A joint committee from each agency has been meeting over the past several months on this subject and related matters. Councilman Miller stated that LARPD has already adopted this agree- ment even though there are some misgivings about certain portions. CM-23-278 He felt the agreement is better than the one used at present, and since it is only for a term of one year he suggested that the City approve the agreement at this time. November 2, 1970 (Joint Action re Parks) The City Manager said he felt there was a need for certain modi- fications of the agreement, but they are not consequential enough to delay signing, if the Council wishes to adopt the agreement now. Changes can be made at the end of the one year term of the agreement. The Council indicated that there are several points which need revision but they can be resolved in the next contract. A motion was made by Councilman Miller, seconded by Councilman Beebe, to approve the contract with LARPD, and approved unanimously. * * * The owner of the property situated west of the present westerly terminus of Railroad Avenue wishes to extend Railroad Avenue westerly and southerly to intersect East Stanley Boulevard at Fenton street. This proposal is contrary to the City's street plans for the area. REPORT RE PROPOSED RAILROAD AVENUE EXTENSION A motion was made by Councilman Pritchard, seconded by Councilman Miller, to refer this matter to the staff for further study in conjunction with the applicant so that a more acceptable proposal can be found, and the motion was passed unanimously. * * * A report from the Planning Commission regarding Alameda County General Plan Element related to Open Space was acknowledged. * * * REPORT RE OPEN SPACE FROM ALAMEDA CTY A motion was made by Councilman Miller, seconded by Councilman Taylor, to waive the first reading (title read only) of the proposed ordinance re Zoning Ordinance amendment relating to Section 8.80 through 8.84 - Lot and Lot Development re- quirements, and the ordinance was introduced with the amendment that Section 8.82 - Maximum requirements be changed to read fino limitfl. The motion was passed unanimously. * * * PROPOSED ZO AMEND- MENT (Sec. 8.80 - Sec. 8.84) A motion was made by Councilman Taylor, seconded by Councilman Beebe, to waive the first reading (title read only) and to introduce the Zoning Ordinance amendment to reflect changes regarding lot frontage requirements, projections into non- street frontage yards, and accessory structures and uses . The motion passed unanimously. (A slight made which necessitated return to first reading). * * * On motion of Councilman Miller, seconded by Councilman Taylor, and by unanimous vote, the following Ordinance was adopted: ORDINANCE NO. 725 AN ORDINANCE AMENDING SECTION 8.4, RELATING TO FEES, OF CHAPTER 8, RELATING TO ELECTRICITY, OF THE LIVERMORE CITY CODE, 1959. * * * PROPOSED ZO AMEND- MENT RE LOT FRONTAGE REQUIREMENT change was ORDINANCE RE ELECTRICITY FEE SCHEDULE CM-23-279 November 2, 1970 PUD NO. 15 (Carlton Development Company) The Council had instructed that the text of this permit extension be transmitted to them for review. This matter was removed from the Consent Calendar for discussion at this time. The City Manager reported that meetings had been held in the past few days with the developer and his representatives primarily re- garding the relocation of Murdell Lane. As a part of the PUD per- mit the developer has agreed to the relocation and construction of Murdell Lane and has accepted the obligation that this work will be done. Mr. Parness said he felt more security should be obtained so that it will be assured that the work will be done as the City has obligated itself also. He had suggested that a separate contract be drafted regarding financial arrangements between the City and the developers and secured by an appropriate bond that this street will be installed by the developer no later than October 1973. If necessary, the PUD could refer to this agreement. Mr. Parness stated he had been advised that the partners of Carlton Development Company had not yet had the opportunity to review and consider this separate contract; therefore, Mr. Parness requested that this matter be con- tinued for one week. Councilman Miller discussed instances wherein park land has been due the City from previous PUD permits and is not a part of the sub- division map. He felt the park land should be secured in the same way as the street; the City should be protected by some means. The City Attorney was requested to look into this point to assure protection for the City in this permit and others. Further consideration of the PUD No. 15 extension with Carlton De- velopment Company was continued for one or two weeks. MATTERS INITIATED BY STAFF (Bus Study) * * * Mr. Parness discussed the forthcoming meeting of the Valley Planning Committee meeting. The Valley Trans- portation Board will hear a report on the bus service study for the Valley. * * * (Camp Parks) Mr. Parness stated that at the request of the Council to investigate possible use of Camp Parks surplus pro- perty the only suggestion that might be made in this regard is to consider it for airplane training purposes, but this suggestion has been determined as not feasible. MATTERS INITIATED BY COUNCIL (Youth Committee) (Sidewalks- Livermore High School) (Valley Ecology Committee) CM-23-280 * * * Councilman Beebe stated that he had a candidate to submit for membership on the Youth Committee. Mayor Silva urged other members to make some recommendations so that this committee might begin functioning soon. * * * Councilman Taylor stated that he felt the staff should look into the possibility of putting in side- walks on the north side of Livermore High School. * * * Councilman Pritchard referred to previous discussion re appointment of a Council representative with the Valley Ecology Center and requested appointment to that position. On motion of Councilman Taylor, se- conded by Councilman Beebe, and by the following motion Councilman Pritchard was so appointed: AYES: Councilmen Beebe, Taylor, Pritchard and Miller NOES: None ABSTAIN: Mayor Silva Mayor Silva abstained from voting on the fore- going motion as he stated that due to religious principles regarding birth control he did not wish to give official recognition to the Center. * * * November 2, 1970 (Valley Ecology Committee) Councilman Pritchard referred to a letter and (Proposition 18) information from the office of Senator Randolph Collier. This literature listed the City of Livermore as being in opposition to Proposition 18. The Council had supported the issue, and the Council felt Senator Collier should be made aware of this error. * * * Councilman Pritchard advised that Council members (Blue Cross) could participate in the Blue Cross Insurance Plan available to City employees if the Council wished to open this plan to Council members at their own cost. He wished to participate if the Council was agreeable. Councilman Miller made a motion seconded by Councilman Beebe to adopt a resolution to allow the City Councilmen to participate in the Blue Cross Plans at no cost to the City with December 1 as the cutoff date. The motion was approved unanimously. RESOLUTION NO. 138-70 A RESOLUTION EXTENDING BLUE CROSS COVERAGE TO COUNCILMEN * * * Councilman Miller stated the County Planning Com- mission has approved the Conditional Use Permit application submitted for a wholesale nursery for cultivation of mushrooms at 2963 Rodeo Lane. The Council had requested denial, and Councilman Mil- ler felt an appeal should be made by the City. A motion was made by Councilman Miller, seconded by Councilman Taylor, to appeal the decision of the County Planning Commission, and the motion was passed by the following vote: AYES: NOES: Councilmen Taylor, Miller and Mayor Silva Councilmen Beebe and Pritchard * * * Councilman Miller pointed out that a city in Maryland has banned the sale of non-returnable bottles and cans in order to avoid disposal problems. He felt the Council should consider similar action. The City Attorney was requested to look into this possibility in relation to California Law. * * * Mayor Silva stated he had received a letter from the Vineyard Merchants Association re- garding the triangle on Pacific Avenue. Mr. Lee advised that steps were being taken to correct the difficulty in turning. * * * (Appeal re County Approval of CUP - Cultivation of Mushrooms at 2963 Rodeo Lane) (Non-returnable Bottles and Cans) (Island on Livermore Ave.) CM-23-281 November 2, 1970 (Airport Bldg. Restaurant Committee) Mayor Silva requested that the City Manager dis- cuss briefly the recent meeting of the Restaurant Committee. Mr. Parness said he had been requested by the Committee to prepare a simple sales brochure listing facts regarding the building to be given to various contractors. Mayor Silva clarified the fact that the addition of space for the restaurant had cost the City only $10,000 which he considered a good investment. (Community Events) * * * Mayor Silva referred to his previous suggestion that a committee be formed to discuss other community efforts similar to Festival '70. Councilman Taylor felt that a committee could at least list possible efforts in this area. Councilman Miller mentioned several possible events: In addition to the Art Festival, a Summerfest, Cinco de Mayo Festival, and a City-wide Fourth of July picnic. (Drug Abuse Committee) * * * Mayor Silva proposed that the staff investigate various existing community drug abuse committees to explore whether it is feasible to have one in this community. He expressed his desire that input from the Youth Committee be considered on this proposal. * * * (Congratulations Mayor Silva said a request had been made to honor Maren Madsen) a citizen of Livermore who has been in this com- munity for over 80 years and is celebrating her 100th birthday on November 10. A motion was made by Councilman Miller, seconded by Councilman Beebe, to adopt a re- solution of congratulations to Maren Madsen. (AB-2180) ADJOURNMENT CM-23-282 RESOLUTION NO. 139-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE CONVEYING THE CITY COUNCIL'S CONGRATU- LATIONS TO MAREN MADSEN ON THE OCCASION OF HER 100TH BIRTHDAY. * * * Mayor Silva said he would like to have copies of AB-2180, which requires that cities plan for long range protection of open space. * * * There being no further business to come before the Council, the meeting was adjourned at 11:30 p.m. to a meeting on November 4, at 11:30 a.m. at the Rincon Fire Station to discuss the Capital Improve- ment Budget. APPROVE ATTEST Regular Meeting of November 9, 1970 A regular meeting of the City Council was held on November 9, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:03 p.m. with Mayor pro tempore Miller presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard and Miller .' ,\ l C JV --1J'--rf-e~..<:r}'cJj ABSENT: Mayor Silva * * * ROLL CALL The minutes of the meeting of November 2, 1970, MINUTES were approved as amended on motion of Council- man Beebe, seconded by Councilman Pritchard, and by unanimous vote. * * * Val Yoakum,3832 Dartmouth Way, spoke in regard to a serious traffic problem at 4th and Holmes Streets travelling westerly. He wished to call attention to the left turn lane as he felt dri- vers who were unfamiliar with the street could find themselves in the flleft turn onlyfl lane unintentionally. OPEN FORUM (Traffic at 4th and Holmes Streets) The Public Works Director said there were several problems which had been encountered in designing this intersection, but that he would investigate the intersection in regard to this complaint. * * * Jack Phillips, 551 North P street, inquired what (Sign) action the City intended to take regarding his oversize political sign. Mayor pro tempore Miller said he was 40th on the list of reported violators and his would be investigated in turn. Mr. Phillips stated that he intended to erect an even larger political sign to test the sign ordinance. * * * An application for rezoning of property located at the southwest corner of Hillcrest and East Avenues from RL-6 (Low Density Residential) Dis- trict to RG-16 (Suburban Multiple Residential) District has been made by Josephine P. Tompkins. Mayor pro tempore Miller opened the public hearing. PUBLIC HEARING RE REZONING SW CORNER HILLCREST & EAST AVE A letter was submitted from the firm of Miller, Critchfield & Eaton requesting continuance of this public hearing for at least sixty days as they stated they had requested of the Planning Commission that further action be delayed in order that further study of alternate proposals might be made. Mr. Musso stated that at the completion of the Planning Commission hearing the applicant had requested that this matter not be set for hearing until the applicant could restudy the proposal, and the matter had been inadvertently set for hearing. Claude Smith, 1067 Xavier Way, asked that the City Council deny this application for multiple units. He felt the Council should consider the rezoning of the Tompkins land on the basis of all CM-23-283 November 9, 1970 (Public Hearing Rezoning-SW Corner Hillcrest and East Avenue) open land on the south side of East Avenue; if this parcel is zoned multiple then it is likely the rest of the adjacent land would also be zoned multiple. Arnold Lang, 1064 Xavier Way, agreed with Mr. Smith, and stated he had moved into this area because it was single family residences with no multiple. Having lived in multiple units for ten years, he felt the area would gradually deteriorate if multiples were allowed. Harry West, 1126 Tulane Court, felt that allowance of multiple would lower the quality of living in the area; also that multiple should not be allowed on any of the property along East Avenue. Councilman Taylor felt that in light of past action a continuance should be granted and if possible all those within 300 feet of the area in question should be noticed again. A motion to continue the public hearing on this application for rezoning until January 11, 1971, with formal notice to be made again, was made by Councilman Taylor, seconded by Councilman Pritchard. Upon question by Mr. Smith, Mayor pro tempore Miller explained that in the past five to seven years all requeswfor multiple had been denied in this area. He stated past Councils had made their deci- sions based on testimony by the developers and people of the area. The motion for continuance was approved by the following vote: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva (Report re Select Street System) (Report re Encroachment Permit) ~eport re Contract Modification- Concannon Rte. Study) CM-23-284 * * * CONSENT CALENDAR The Director of Public Works submitted a report re- questing certain revisions and modifications of the City's Select Street System. As the City develops and the overall street system changes, it is necessary to revise the system. The following resolution is to be adopted in order that these changes may be sub- mitted to the State. RESOLUTION NO. 140-70 A RESOLUTION ADOPTING REPORT AND MAP RECOMMENDING SELECT STREET SYSTEM ADDITIONS OR DELETIONS. * * * The YMCA has requested an encroachment permit to sell Christmas trees from November 28, 1970, to December 26, 1970, on Q Street north of First Street. The Director or Public Works recommends several conditions to be included if this request is approved. * * * The City Manager reports that the County has insisted that the current joint contract with the City be modi- fied due to adjustment in the route alignment proposed by the City. Any additional cost as a result of the change must be sustained by the City. The following resolution authorizing execution of the agreement is submitted for adoption. RESOLUTION NO. 141-70 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT (COUNTY OF ALAMEDA) A report from the City Manager regarding the Airport Advisory Committee was removed from consideration as a part of the Consent Calendar for discussion later in the meeting. * * * November 9, 1970 (Report re Airport Advisory Committee) The item regarding a report from the Bay Area (Report re BAAPCD) Air Pollution Control District was removed from the Consent Calendar for discussion later in the meeting. * * * It is necessary to formally abandon Roslyn Way which is a stub street included as a part of a former development plan and subdivision. The following resolution also sets a public hearing for the purpose of receiving any objections to the proposed vacation of the street. RESOLUTION NO. 142-70 (Abandonment of Roslyn Way) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE DECLARING ITS INTENTION TO CLOSE UP AND ABANDON A PORTION OF ROSLYN WAY IN THE CITY OF LIVERMORE, AS SAID PORTION IS PARTICULARLY DESCRIBED IN THIS RESOLUTION. * * * An application has been received for an exempt business license from the Twin Valley Associa- tion for Retarded Children for the sale of baked goods, book and boutique sale. * * * A motion was made by Councilman Taylor, seconded by Councilman Beebe, for approval of the Consent Calendar, and passed by the following vote: AYES: NOES: ABSENT: (Exempt Business License (Approval of Consent Calendar) Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva * * * The Planning Director explained that in connec- tion with the City's desire to develop a parkway system, primarily along the existing arroyos, the Planning Commission felt they were not know- ledgeable enough to make the necessary evaluations as to the flood control needs and could not judge the capabilities of the lands for parkway purposes. Therefore, they propose that a study be made by the staff, Zone 7, and perhaps the City of Pleasanton. Also it is their recommendation that no additional lands should be committed until such needs are accessed. REPORT RE- EVALUATION OF PARKWAYS The Public Works Director stated that much of the necessary en- gineering work has already been completed as the Zone 7 staff had conducted a study establishing the flows on all the major arroyos in the valley some time ago. He further pointed out that the Planning Commission expressed interest in diversion of some of this runoff, and this type of study could be made by Zone 7 as it is within their area of responsibility. The City could pro- ceed with the study of development of the arroyos as recreational areas. CM-23-285 November 9, 1970 (Re-evaluation of Parkways) Councilman Taylor said that he had never seen a feasible design for the arroyo parkways and hoped this could be settled soon. Mr. Lee indicated that the City's landscape architect was already work- ing on some designs and felt definite designs could be presented within a reasonable time. Mayor pro tempore Miller discussed several points in connection with the proposed study and stated that after the engineering an- swers are found it might be useful to have a joint meeting with LARPD, the Planning Commission, the Council and perhaps representa- tives of Zone 7 staff. Councilman Beebe said he felt Mr. Lee understood what was needed for the study, and made a motion to authorize the study by the City staff re engineering aspects re runoff, etc., to answer questions raised by Planning Commission. The motion was seconded by Coun- cilman Taylor and approved unanimously. * * * Public works improvements in Tract 2619 have not been commenced by the subdivider and the City Attorney was asked to determine if reversion to acreage is feasible or whether the City should proceed to re- cover the cost of such improvements from the bonding company and the subdivider so that they can be installed by the City. It is understood that 38 lots have been sold by the subdivider, therefore, reversion to acreage is impossible. It is recommended that the City Attorney be authorized to make demand on the bonding company and thereafter to file suit against the subdivider and bond- ing company in the amount of the principal of the bonds. The esti- mated cost of the improvements is in excess of ene-half million dollars. It might be two years or more for the case to come to trial if this remedy is pursued. REPORT RE TRACT 2619 (Bevilacqua) Councilman Taylor discussed the possibility of recovering the cost of the improvements and subsequent installation of the public works improvements by the City. As a result the City would have streets to maintain in an area without houses and questioned if the City wished to do this. The City Attorney stated he recognized this fact and had hoped the land could revert to acreage, but filing suit will bring the matter to some conclusion. Unless action is taken, the City may face addi- tional problems. The Public Works Director stated the bonds were issued in 1965 and we might go beyond a reasonable time to collect the bond; then we would face a situation with dedicated streets and we might eventually be responsible for them. Mr. Lewis stated that if the Council wished to consider the matter for an additional week or two before taking action it would be satisfactory. The attorney for Bevilacqua would probably wish to talk to the Council in the event of serious consideration of re- version to acreage. Mayor pro tempore Miller inquired what steps had been taken to also collect fees payable by Bevilacqua. Mr. Lewis stated that the action being discussed would bring this to a head also. Mayor pro tempore Miller suggested that several steps be taken: 1) call the bonds, 2) start procedure to bring about reversion to acreage, 3) bring suit for the remainder of $50,000 in fees due the City and 4) issue no building permits until Tract 2619 fees are paid and other matters resolved. Mr. Lewis stated that if the Council wishes to pursue both of those things, Mr. Fraser, representing Bevilacqua, wanted to talk to the CM-23-286 November 9, 1970 Council specifically about that before we take any precise steps to contact the owners. (Tract 2619 - Bevilacqua) Councilman Taylor suggested we take the first two items having to do with Tract 2619 first, and agreed we should file suit against the subdivider and bonding company for the amount of the bonds and also initiate whatever procedure necessary to revert the property to acreage, and made a motion to this effect, seconded by Councilman Pritchard, and the motion was approved unanimously. Mr. Lewis asked the Council if it would be agreeable to have Mr. Fraser appear before them and it was stated that he did have the right at any time. Mayor pro tempore Miller referred back to the other items - money previously owed by the developer on other tracts of approximately $50,000, and Councilman Taylor asked the City Attorney how the City would recover the money if we did not sue. Mr. Lewis stated that provisions for this were included by an amendment of the subdivision agreement for Tract 2619. Councilman Taylor expressed his concern in starting a law suit with all the expenses it might incur to the City, unless it is the best thing to do. Mr. Lewis stated we should get a complaint on file to start pro- tecting ourselves on time; it will take time to bring matters to the point of trial; it is both to the benefit of the City and the developer to reach an agreement as there will be different views and contentions and in a long run both parties may decide that just collecting the money is not going to be the best thing. Councilman Taylor stated since we do have an agreement with the developer, he did not want the City to be accused of bad faith, and Mayor pro tempore Miller agreed this was a good point. With reference to bonding companies Mr. Lewis reported that the City has filed a complaint and received service on some of the parties on Ecco Land (Proud Homes) as the Council has been in- terested in this for some time. The complaint has been prepared for $125,000 in a basic amount and additional fees of $15,000. Mayor pro tempore Miller brought up the last point - not issuing building permits in that area until this matter has been resolved, and Mr. Parness assured him building permits would not be issued on any lot that is not on a dedicated public street with full improvements. Mayor pro tempore Miller then asked why occupancy permits were issued, and Mr. Lee replied it is normal practice in all tracts to issue building and occupancy permits prior to acceptance of the improvements, and it is not a problem, ordinarily as the City is protected by bonds. It is essential to do this because the developer starts building as soon as he has enough streets installed to start work on the homes. * * * ORDINANCE RE RG ORDINANCE NO. 726 ZONING DISTRICT- Section 8.00 AN ORDINANCE AMENDING SECTION 8.00 , RELATING TO RG ZONING DISTRICT, OF ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE, BY ADD- ING SECTIONS 8.80 THROUGH 8.84, RELATING TO LOT AND LOT DEVELOPMENT REQUIREMENTS. CM-23-287 November 9, 1970 (Ordinance re RG Zoning Di st.) On motion of Councilman Pritchard, seconded by Councilman Beebe, the second reading of the ordinance was waived, and by the following vote, the foregoing ordinance was passed: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva ORDINANCE AMENDING VARIOUS SEC- TIONS RE LOT FRONTAGE AND ACCESSORY STRUCTURES * * * ORDINANCE NO. 727 AN ORDINANCE OF THE CITY OF LIVERMORE AMENDING SUB- SECTIONS 20.34, 20.44, 20.45, 20.60, 20.61, 20.62, 20.63, 20.64, and 20.65 of SECTION 20.00( RELATING TO GENERAL PROVISIONS, OF ORDINANCE NO. 442, OF THE CITY OF LIVERMORE, AS AMENDED, RELATING TO ZONING. On motion of Councilman Beebe, seconded by Councilman Pritchard, the second reading of the ordinance was waived, and by the following vote, the above ordinance was adopted: AYES: NOES: ABSENT: Councilmen Beebe, Taylor, Pritchard and Miller None Mayor Silva REPORT RE AIRPORT ADVISORY COMMITTEE * * * This item was removed from the Consent Calendar for discussion at this time, and Councilman Pritchard asked why the two new members were appointed for one year terms, and the City Manager stated this was pro- posed by the Airport Advisory Committee and was accepted by the Council at the last meeting. Mr. Lewis stated that what it does is stagger the terms, and after the original term, he would assume the new members would be subject to reappointment if the Council wishes for the normal three year term. After some discussion of the City Manager's report on this matter, a motion was made by Councilman Taylor, seconded by Councilman Beebe, to adopt the resolution establishing the by-laws, duties and respon- sibilities, and setting up the committee, and adopted unanimously. REPORT RE BAAPCD RESOLUTION NO. 143-70 A RESOLUTION ESTABLISHING THE CITY OF LIVERMORE AIRPORT ADVISORY COMMITTEE AND FIXING DUTIES AND RESPONSIBILITIES OF SAID COMMITTEE. * * * A report has been received from the Bay Area Air Pollution Control District regarding air pollution in the Livermore area during the past year together a listing of standards. with t1( ~J2/ J lHA-t Mayor pro tempore Miller felt this report should be sent to our 10 1 Smog Committee. He commented that the number of adverse da~s wtJ~_ down from 121 to 105, which means that 3~ di1;y~~ month~/~e~neVchthy days. This problem will increase with growth, and there is no guaran- tee that technology will be able to solve it in time; this was a serious health problem and should be taken more seriously. Until the area falls below the state standards for adverse days the Council should consider a slow down or moratorium on growth in the Valley for the protection of the public health. Population brings cars and cars bring smog. CM-23-288 November 9, 1970 Councilman Pritchard said that there has been growth and yet the number of adverse days has decreased in the past year; there has been some progress made. (BAAPCD Report) Councilman Taylor felt that technical interpretation would have to come from the Smog Committee as this report is just a bare report without too much interpretation. The state standard of .1 oxidant level is arbitrary itself; there is not enough data in the report to act upon but it must be considered. He felt the Committee should look at this report very closely. Councilman Pritchard felt that the problem should be approached from the standpoint of limiting the automobile, not the people. Councilman Beebe said he did not share Mayor pro tempore Miller's pessimism that technology could not solve the problem of pollution. Councilman Beebe made a motion, sec8nded by Councilman Pritchard, that the BAAPCD rep8rt be referred to the Smog Committee for their study and comments, and it was approved unanimously. * * * With respect to a recent newspaper article con- cerning the report on the crime rate of the Bay Area, listing Livermore as having the lowest in- cidence in the area, Councilman Beebe made a motion that a commendation be given to Chief Michelis and the Police Department for achieving these results. The motion was seconded by Councilman Taylor, and approved unan- imously. MATTERS INITIATED BY STAFF (Local Crime) Mayor pro tempore Miller commented on remarks in the article re- lating to sociological aspects of the people living in a community and the corresponding crime rate. Stability of population is a factor in lower crime rate; anonymity in the larger cities is a factor which leads to crime. This question of stability has to do with identification with your City, your intention to stay in the community, and interest in the community. These are the kind of arguments and kind of issues involved in trailer courts, apart- ments and areas of the City where there is neighbO~~r~~ie~ The comment was made that another issue that lends Go~~ab""Im ,,' Jz. is to have lots adequate for adding on to a house as relates to ~.~ ~ the RS Zoning Ordinance and larger lots. Councilman Taylor said that the implication of these statements is that people who live in apartments and trailer courts are more prone to c8mmit crimes and more prone to be second-class citi- zens. He did not think that the direct conclusion can be made that people in apartments and trailer courts tend to bring crime tothe city. There are many other problems, such as unemployment and the unemployable, other than anonymity that are the major factors. He said that if he were one of those people living in apartments, etc. he would resent the implication that he was a second-class citizen, and he would be ashamed of the city if this were the official point of view. Mayor pro tempore Miller stated Councilman Taylor was at liberty to draw any conclusions he chose, but these were not the conclu- sions he had drawn from his beliefs on this matter; he did believe there were differences in communities with transient populations and populations which are not turned outward toward the community, and cited the example of the City of Hayward. Councilman Taylor said he agreed with Mayor pro tempore Miller up to the point where he specifically mentioned apartments and trailer courts; the discussion was about crime, not apartments or trailer courts. * * * CM-23-289 November 9, 1970 MATTERS INITIATED BY COUNCIL (Center Strip) Councilman Beebe inquired about recent construction of homes around a cul-de-sac off Rincon Avenue with a planted area in the middle and inquired if this was to be maintained by the City. Mr. Lee said this center area was due to an odd configuration of the cul-de-sac which was elongated, and the center strip had been planted. He said this is an unusual situation and it is hoped when the homes are sold that it would be maintained by the buyers of these homes. (Valley-wide Symposium) * * * Councilman Taylor spoke in regard to the Valley Planning Committee's plan to have a symposium pri- marily to gather information for the Committee by testimony from people who have input regarding the Valley. It has not been decided yet if there will be public testi- mony, and a motion was made by Councilman Taylor, seconded by Coun- cilman Pritchard and by unanimous approval that the Council agree in principle with such a program. (stop Sign) ADJOURNMENT * * * Councilman Pritchard stated several homeowners in the first unit of Town Square felt a stop sign should be installed on Cayuga at Algonquin Street to slow traffic turning and to avoid the traffic turning from Pine Street. * * * There being no further business to come before the Council the meeting was adjourned at 9:52 p.m. * * * APPROVE ATTEST * * * Regular Meeting of November 16, 1970 A regular meeting of the City Council was held on November 16, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meet- ing was called to order at 8:05 p.m. with Mayor Silva presiding. (This meeting was broadcast over Station KYTE to the point of recess.) ROLL CALL CM-23-290 * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * The minutes of the meeting of November 9, 1970, were approved as amended on motion of Council- man Taylor, seconded by Councilman Miller, and by the following vote: November 16, 1970 MINUTES AYES: Councilmen Beebe, Taylor, Pritchard and Miller NOES: None ABSTAIN: Mayor Silva, who was absent at the meeting of November 9 * * * Reginald Wood, 148 El Caminito, addressed the Council to inform them about the problem which is expanding in the City re parking lots of major shopping centers; in particular, the J. C. Penny complex, P Street Thrifty-Alpha Beta, and the new Value Giant, all of which create parking hazards and inconveniences. The parking spaces are 900, narrow and too short and they take m8re than one attempt to park in a stall because the narrow aisles do not afford a generous enough turning radius for the larger cars. All of these things add up to an angry and frus- trated shopper which, he believed, the good business men would admit was detrimental to good customer relations. It was his understanding that an attempt is being made to revise the exist- ing off-street parking ordinance, however the attempt has been thwarted somewhat by the Chamber of Commerce representative, Randy Schlientz, and he quoted comments re Sec. 2.45 of the ordinance as made by Mr. Schlientz, and further stated he would be happy to discuss the lot layout with any interested persons at another time if so requested. Mr. Wood asked the Council to influence a solution to stop the spreading of off-street parking problems by revising the ordinance for the convenience of the public. OPEN FORUM (Parking Lots) Mayor Silva advised Mr. Wood that the off-street parking ordinance would be before the Council soon, and they would welcome his com- ments at that time, and Councilman Miller suggested that he talk to the Planning Director and the Public Works Director in the meantime. * * * Stuart Smith, 321 Virginia Drive, addressed the Council and offered them an opportunity to con- tribute to the defense fund of Angela Davis, which fund is being sponsored by the Black Pan- thers, and also offered his office for receipt of any funds. * * * The public hearing was continued at the appli- cant's request from the meeting of November 2nd, for the property located generally south of us 580, easterly of Isabel Avenue and north and south of Las Positas Road from Rs-4 and A-20 Districts to PD District, and an application for a PUD permit, submitted by the same appli- cant and on the same property, to allow a mo- bilehome park, drive-in theatre, cemetery and industrial area. (Defense Fund - Angela Davis) CONTINUED PUBLIC HEARING RE REZONING AND PUD APPLICATION (Associated Professions, Inc.) The Planning Director explained the rezoning, which was a routine, procedural matter, and noted this property was annexed to the City, zoned RL-7 and later, in conjunction with a review of all of the zoning in the western portion of the City adjacent to Isabel Avenue, it was rezoned to A District. The reason for the rezoning to the Agricultural District was the Planning Commission's feeling that CM-23-2g1 November 16, 1970 (Public Hearing Associated Professions) because of its proximity to the Airport, a differ- ent land use was advisable rather than residential. The Planning Commission hesitated to recommend In- dustrial Zoning primarily because of the quality of the regulations we have, which are somewhat unres- tricted, and the entire matter is under study. Mr. Musso continued that the purpose of the Planned Unit Development Permit is to establish Planned Development Zoning to allow the appro- val of the PUD permit. The PD Zoning, in effect, is the same as an Agricultural Zone which allows agricultural uses only and to allow other uses, you have to go to a PUD permit, so this is submitted concurrently with the rezoning. With regard to the rezoning the Planning Commission felt that the zoning would be appropriate if the Council intends to approve the PUD permit for the mobilehome park. In effect, there is a neutral recommendation on behalf of the Plan- ning Commission, and the issue of the mobilehome park is probably the main issue, and the Planning Commission awaited their recommenda- tion on this proposal, pending some resolution of the City Council relative to whether or not the City intends to allow mobilehome parks, and whether the City intends to allow them as a major land use. They did recommend that this not be done because of the inequitable taxing of mobilehome parks which has been previously discussed. With regard to the mobilehome park at this location, the Planning Commission ~lt that the residential use at this density was not in conformance with the General Plan - that is 4 d.u./acre proposed on the portion that is indicated residential; development is not in conformance with any specific plans for that area; actually the only ones that have been done are for two forms of single family residential use - one a low density and the other an acreage density. The Planning Commission felt that the area, because of its proximity to the airport is a special area requiring a different land use plan than that proposed by the applicant and that the non-residential use would be the most favorable. There are some special problems in the area as to school location, making residential use not desirable; the proximity of the area suggests a higher and better use might be found, and the Plan- ning Commission concluded that the principal question was that of density and not that of mobilehome parks, and their primary recommen- dation was based on density at this point in time. Mr. Musso men- tioned there were two other things that have changed since the appli- cation was originally filed: there is a reported change in ownership which must be clarified before any permit is issued; and that is in the area of the southern portion, not the area encompassing the mobilehome park. Councilman Pritchard stated that according to the master plan it says, in part, "residential urban low of 4 d.u./acre", and questioned what area this referred to. Mr. Musso stated that converting from the General Plan to a specific plan is difficult, but seemed about the lower one-third of the subject property was indicated as residential use and the upper two-thirds agricultural use, which all occurred in the original planning prior to 1959, and he did not know the basis of that land use planning. In reply to a question from Councilman Beebe, with regard to the General Plan being updated, Mr. Musso stated it had been reviewed from time to time, but no changes made since 1959, and it still in- dicates one school, one park and a residential area. Councilman Miller stated there was discussion at the Council level re land uses, particularly about the rezoning which made this whole area A-20. There was not a formal change in the Plan, but the re- flection of alternate land uses was proposed by the Planning Commis- sion and was considered by the Council and adopted by the Council when they changed the zoning to A-20. Mr. Musso stated they had not resolved the best land use of the area, but a list of uses which might be considered. CM-23-292 November 16, 1970 Councilman Miller said there was a list of uses and residential was not among them, because otherwise they would not have zoned it to A-20. The decision at that time was alternate land uses would be better and A-20 was the holding zone before the decision was made, and Mr. Musso agreed that this was so. (Public Hearing - Associated Professions) Mayor Silva opened the public hearing at this time to give the audience an opportunity to speak for or against the application. John Barker, with Associated Professions, representing the pro- perty owners, stated they were fully aware that this was a com- plex matter and would be a controversial issue before the Council this evening, and in order to maintain some sense of continuity would like to devote some time to the specific plan itself so that the Council could become familiar with that. Mr. Barker continued that the total proposal encompasses 211 acres and consists of taking all the residential density within the General Plan and putting it into the 106 acres for the mobilehome park. They are not increasing the overall density in the area. The General Plan has been discussed and indicates 4 d.u./acre to a point and indicated his interpretation of the break between the residential and the A-20 on the map, approximately along the arroyo. The specific plan for the mobile home park is divided into three neighborhoods: Neighborhood #3, which is north of the arroyo, consists of about 203 spaces and is planned for a family type park; Neighborhoods #1 and #2, containing the balance of approximately 600 spaces, are planned for adults only by the de- veloper. As amenities they plan to build two lagoons adjacent to the arroyo suitable for sailboating or whatever; each of the neighborhoods has its own recreatlon center, tennlS courts, swimming pools and putting green~ arm there would be a community center for the use of the total park; there would also be storage areas. Mr. Barker stated that Airway Boulevard is running through the development and it is the only street they are proposing to be a public street except for the widening of Frontage Road, and this would be the only cost to the City from a maintenance point of view as far as public works. In the southwesterly corner they have proposed a one-half acre dedication to the City for a fire station; if more land is needed, it can be obtained from the land the City presently owns. Immediately north is planned a convenience center (small convenience store, barber shop, beauty salon and cleaners) and across the roadway would be the adminis- tration building and behind that a service station on the corner of the collector street. The overall density is 7.5, which he felt is low by current standards. The cost would be $2.~ million in improvements to the developer and the state is constructing the frontage road to that point so there would be access to the park. Another significant fact contained in the proposal would be a dedication of 21 acres to the City for a public park. Mr. Barker continued that, in essence, this could be one of the nicest parks in the state, and felt it would be an asset, not only aes- thetically, but from a utilitarian point of view - that is avail- abili ty of mobilehomes for people who choose to live in them. They also believe it would be self-supporting and would not have to be subsidized by the balance of the community, and to substantiate that point he asked Mr. Dan Spruiell, who has developed some num- bers, to speak before the Council. Dan Spruiell distributed some information to the members of the Council and stated there have been some comments in the past that mobilehome parks do not pay their way or contribute to the tax dollar of a community, and listed and explained the development fees that the City will charge to develop the park and the taxes which will be charged as follows: CM-23-293 November 16, 1970 (Public Hearing- 106 Acre Mobile Home Park Associated Professions) I. DEVELOPMENT FEES a. Annexation fee, $350 per acre b. City storm drain fee, $115 per Unit x 800 c. County storm drain fee, $65 per Unit x 800 d. City Sanitary Connection fee, $165 per Unit x e. Public Works Inspection fee 1.5 Million @ 3% f. Building Dept. fees 800 lots x $10 Sub-Total II. TAXES a. Personal property tax @ $18 per Unit b. Sewer service tax, City of Livermore 75i per unit per month x 12 months c. Sales tax to City of Livermore - Average Mobile Home = $12,000x800= $9,600,000 x 1% d. Property tax - Based on $4,800,000 market value; assessed value = 25% of market value = 1,200,000 Property tax = $1,200,000 ~ 100 = 12,000 1. City tax = $1.58 x 12,000 2. School District tax = $6.00 x 12,000 3. County tax = $2.92 x 12,000 4. Bal. of tax = $2.035 x 12,000 e. II In lieu" tax - based on 2% of market value of mobile home - $12,000 average value x 2% = $240 per mobile home, distributed 1/3 each to: 1. City of Livermore, $80 x 800 2. Livermore School Dist., $80 x 800 3. County of Alameda, $80 x 800 Sub-Total TOTAL 800 $ 37,100 92,000 52,000 132,000 45,000 8,000 -$366,100 14,400 7,200 96,000 18,960 72,000 35,040 24,420 64,000 64,000 64,000 $460,020 $826,120 Mr. Spruiell continued there would be a dedication of 21 acres for parks and the value of that acreage at $15,000 per acre is $315,000. He felt this park dedication was very important to the City, and he explained that if any expansion is to go to the east on the master plan, the City with tax money will have to purchase additional land to make a clear zone with reference to the airport runway clear zone; here they have a chance to obtain this land for nothing. Earl Mason of Associated Professions, representing the owner, stated there has been much said about the problem of schools as related to mobilehomes and it has been discussed many times. In their previous discussion with the Planning Commission in August of this year the School District wrote a letter stating they were opposed to mobile- homes in this area. They have met with the School District offi- cials and they are basically saying they are opposed to any residen- tial in this area based on the fact that at the time they looked at the problem they did not know where they would find school sites to take care of the children in the area. There has been a recent study which the Planning Director furnished to the School District in which he restudied the general area between Portola Avenue, the railroad tracks on Stanley Boulevard and First Street. It includes about six sections of the school area. In Area 8 and 9, (north of Las Positas is 9 and the one the subject area is in and the one south is Area 8) there has been planned sufficient school sites to handle the area. In the study the total acreage as shown on the general plan as being 4 d.u./acre is included, and as mentioned by Mr. Barker their interpretation of the General Plan map it includes at least two-thirds of the 200 acres, if not more, and in the total acreage computation it includes a high percent of the subject area. Mr. Mason referred to a map which indicated the land being previously zoned to RL-7 at the time it was annexed in 1964, the entire parcel all the way to Highway 580, which was at that time about 4.2 d.u./acre; it remained at RL-7 until November, 1968, when it was zoned back to A-20. CM-23-294 November 16, 1970 Mr. Mason recalled working with the School Dis- trict on several previous occasions and there were school sites available to handle these RL-7 homes and the families that would be there. If the RL-7 densities are used there would have been approximately 840 homes on this acreage and approximately 1300 school age chil- dren. For the School District to write a letter now stating there are not sufficient school sitesi Mr. Mason asked what they had in the way of providing for them 42 years ago when it was zoned RL-7 and planned that way. There were sites available then and he felt quite sure they were still available. In a recent letter sent to the State, Mr. Musso asked for approval of additional sites in Area 8 - a K-6 and K-7 and 8 school just south of Portola Avenue. These sites have been shown as proposed sites for seven or eight years. (Public Hearing- Associated Professions) Mr. Musso stated that approval was not requested; it was just an informal inquiry, and the School District has not submitted them yet. Mr. Mason asked Mr. Musso if he had not sent this to the state for their consideration and Mr. Musso replied the School Dis- trict had to do it, for it to be formal. Mr. Mason continued that it was outside the flight pattern shown, as far away as Area A, the Alameda Street school site which has been approved by the State and School District. The point he wish- ed to make was that this land was zoned at one time to handle as many as 840 homes with as many as 1300 children. The proposal now was for 800 mobile homes, which by their estimates and those of Mr. Parness, and using the present mobile home park on Portola Avenue, was 15 school age children for 159 units (approximately one in ten) so projecting this percentage to the 800 units there would be approximately 80 school age children. This is a lot less than 1300 or even the numbers used recently with density of 4.0 d.u./acre. This would not be a losing proposition, however, as there would be $72,000 a year from property taxes on the pads and property improvements and land value; there is also the in- lieu tax of $64,000, which will vary due to the variance in age of the units in the park. In discussion with the School District costs have been stated from $800 to $900 per year to educate one child. If you divide an average of 850 into the $136,000 per year, this will take care of the full cost of 160 children per year, which is double the estimated number of 80 for this area. On a residential basis an average home operates at a deficit as far as covering cost of school children. They felt that this would be a good use for the land in this area. Mr. Barker stated it was important to keep the overall picture in mind as to what they were talking about, which is really the use of a piece of ground in the west part of town. Presently, this area is undeveloped and not bringing any money into the School District or revenue to the City. The taxes have and will continue to rise, and the owner would like to do something con- structive with the land. He felt that this was a good proposal and would solve their problem. If the Council felt that at some point in time in the future some other land use would be desirable, then a mobile home park would be a good interim land use. If the Isabel Avenue freeway is constructed at some time in the future, then this would still be a good use. He wished to hear comments on the land itself. Harry Wilson, 926 CurlejNRd., representing the Livermore Civic Improvement Association, wished to go on record as firmly opposing this Planned Unit Development which they did not feel was in the best interest of Livermore. Just as important they did not feel it had the support of the majority of the Livermore residents. Residents allover the City are disturbed over the recent decision to allow the Intermark development. The majority of the people which had been contacted were opposed to trailer parks strictly CM-23-295 November 16, 1970 on an economic basis. The only question raised during the circulation of their petition was that of economics. Because of current unsettled bond issues, further development of trailer parks in this area would put undue economic burden on the people as far as schools are concerned. To support this claim, he presented the following petition: llWe the undersigned residents of Livermore do hereby petition the Livermore City Council not to approve mobile home parks until 1) mobile homes are taxed as real property, and 20 mobile homes are counted for school state con- struction aid." This petition was circulated and an excess of 1,000 signatures have been obtained. On the average, nine out of ten people jumped at the chance to sign the petition. The associa- tion felt this petition represented the majority thinking of the City. The increased density brought about by this mobile home park does not conform to the standards of the General Plan. The County Planning Commission, in a letter to Mr. Musso, stated that the pro- posal is not in accordance with County General Plan which indicates low density residential (4.5 to 8.7 housing units per net residential acre for the entire subdivision). The proposed density transfer does not offer any guarantees to the City. A trailer park would detract from the industrial development in that area and eventually adults with children would be allowed in the trailer park. The Superinten- dent of Schools stated in a letter to the Planning Department dated August 25, 1970, that it was seriously doubted that the CAA would approve any school site in Area 9 because of the proximity to the airport. The Alameda Way site, which is significantly removed from the airport, just barely received approval as a school site. Lack of a school site in Area 9 would place an unsatisfactory burden on the other schools. (Public Hearing - Associated Professions) Designation of 15 acres as a proposed site for a drive-in theatre would be incompatible with the rest of the area, and would detract from the airport industrial complex potential. Quoting again from the County Planning Commission's letter, Mr. Wilson read that a drive- in theatre and light industrial area are not in accord with the County General Plan. The proposed industrial park would back up to existing residences and lower the residential value of the immediate area. He reminded the Council that there are presently over 600 acres zoned for indus- try, 90% of which are still undeveloped. In summary the Livermore Civic Association strongly recommends that the Council disapprove this Planned Unit Development for the follow- ing reasons: 1. The location and the large number of proposed mobile units will seriously detract from the airport industrial area and further com- promise the delicate tax base of this community. Present citizens will be required to subsidize this proposal; this is unfair to the Council's constituents. 2. The well received petitions indicate that the people of Liver- more are concerned about tax inequities. 3. Indications are that adult type parks cannot be guaranteed and our already overburdened School District cannot stand the weight of instant housing. Mr. Wilson presented the petition to the Council and the City Clerk. Ernest Plechaty, 482 Pomona Court, stated that the City Council has a serious responsibility in that this is a major population center within the Livermore Unified School District. Although through their actions they can only affect 13% of our total tax rate, the Liver- more School District represents another 47% of the total taxes, so the Council really affects 60% and further the taxes of people who do not even live in Livermore, such as ranch lands within the Dis- trict. Caution should be used. If the City Council would like to subsidize somebody, they should think about the people living in Springtown. The Council should try to help the people who live here, stay here. Mr. Plechaty said he knew people in town who had had to sell their property to pay taxes, and he felt it grossly unfair. CM-23-296 , November 16, 1970 Terry Rossow, 786 Catalina Drive, questioned the phrase llsubsidization of the mobile home ownersll. He asked how many of the supposedly self-supporting homeowners in Livermore paid school taxes on the streets in front of their homes; how many pay taxes on their streets to pay for other people's streets; how many pay school taxes on their parks for which they paid for the land to be developed; how many paid taxes on their parks to develop other people's parks? It has been said mobile homes do not pay their fair share of school taxes, but how many mobile homes have four, five or more school age children per resi- dential unit? How many single family of homes pay their fair share when they have this number of children. (Public Hearing - Associated Professions, Inc. ) ~ I j,. ~ ~ t~ ~, Harold Enos, 484 Colusa Way, said that if groups of people are ','1' 'J'\' going to be excluded en masse since they are not counted for mass aid, then he would like to be excluded and he would send his ~ children to private school. He said he had been informed the "'1'3 ~._!, average mobile home 24 ft. by 60 ft. trailer sells for $16,000. ",_~ His home cost about that to build, and his tax bill was $550 for last year. The mobile homeowner pays $275 on a $16,000 invest- ment during the first year only. It seems that when someone is \ ~ not carrying their full load, others have to carry the burden. ~ ~ He did not wish to deny someone a mode of living. He also spoke ~ ~ in regard to the park and future maintenance costs. He felt the <~j proposal was a pig-in-a-poke. ,~ ~ steve Killiany, 888 Curlew Rd., stated that the first year costs ~~ are quite similar for a single family home and those presented ~~~ this evening. He did wish there could be some guarantee as far ~ j as schools are concerned. Even at 1/2 child per unit for 200 ~"~ units, it is 3+ school rooms. If this plan is approved we should ~,~, be sure we will get these schoolrooms. ~~ 1 Paul Brown, 731 Wimbleton Lane, questioned the $96,000 income ~., referred to in previous testimony on behalf of the applicant, and ~.~ inquired if this meant all mobile homes would be purchased in ( Livermore. He was informed that models would be set up from .v ~ which purchases would be made. He asked why the property was re- .~.~ zoned a few years ago, and Councilman Miller said it had to do t~ with the overall effect of the airport on the use of the propertx. ',,~ He felt it had been rezoned A-20 because of problems ,~ reSiden~j w being close to the airport; other uses such as industrial seemed - more beneficial.~ There are standards set up for regulating use C of properties around airports. Mayor Silva pointed out there is ~- a clear zone indicated with no homes proposed; others the FAA is not concerned about. Mr. Brown felt the Council should consider the hazards relative to construction around the airport. Eldon Glover, 3579 Oregon Way, stated the plan laid out and the revenue to be gained should be welcomed by the City and School District. Arthur Hansen, 583 Covington Way, said he lived in the Elliott tract, and it was his understanding the School District did not own the Alameda Drive School site. There is no guarantee that the ~chool site will still be available. He did not feel there was a real gain as in fees since the taxes decrease every year, this could not be considered as gain. Councilman Taylor pointed out that taxes on mobile homes decrease to less than half after five years; after eighteen years they drop to 15% of value of the first year. Mr. Hansen stated that industrial or residential use does not have this type of depreciation. Ken Bandtel, 1352 Kathy Court, said he could not see how this proposal could be good for Livermore. It reduces to two basic essentials: the tax base is not equitable, and they do not count toward schools. He felt the Council has the duty to protect the citizens. Growth should pay its way, and developers are pursuing this path because of the profit. CM-23-297 November 16, 1970 (Public Hearing- Mobilehome Park, Associated Professions) Councilman Beebe questioned Mr. Wilson about a previous statement. Mr. Wilson stated the Liver- more Civic Association objects to the industrial use proposed in this proposal but supports con- formity to General Plan which would require in- dustrial around the airport. Councilman Pritchard asked Mr. Wilson if the Association had dis- cussed what should be put in around this area. Mr. Wilson said no official proposal had been reached. Personally, Mr. Wilson felt the cemetery use is excellent but wondered if it is adequate for projected population; the industrial area projected around the air- port would be ideal, but a mobile home park located there would de- tract from the attractiveness for industrial coming in. Mr. Wilson referred to the Orange County Airport which has a fantastic develop- ment of industrial around the airport and no residential except for some there before development. Councilman Beebe asked if the Association would be more receptive to placing the cemetery along the houses on the east side to serve as a sort of buffer, and Mr. Wilson said his personal observation was this was the general feeling of people with whom he had talked. Councilman Beebe made a motion, seconded by Councilman Pritchard, to close the public hearing, and it was approved unanimously. Mayor Silva stated a large amount of testimony had been received and due to a lack of time, he wished to request continuance for a period of one or two weeks. He hoped to keep the meeting from going into the early morning hours, and whenever there were long public hearings the debate should be deferred to another evening. Council- man Pritchard made a motion for continuance for one week, seconded by Councilman Beebe. Mr. Barker stated on behalf of the applicant that the continuance was agreeable and expressed the desire to have the item on next week's agenda. Councilman Miller said one of the problems with continuance is that those who are interested in this item have to come back again and again; if a specific date is not set they are inconvenienced. Mayor Silva said all those who had testified seemed to be aware of what was going on and the newspapers kept people informed. Councilman Taylor spoke against continuance. He said many misleading facts had been presented, and wished to have the opportunity while they were still fresh in mind to clarify them. In particular, he believed the economic analysis was grossly misleading and the error should be pointed out. In a couple of weeks he would forget some of the things, and suggested a discussion of about 45 minutes, after which the matter could be continued if necessary. Mayor Silva felt that it was best not to have the meeting continue after midnight because it was hard to conduct a responsible meeting in the early morning hours. He agreed that some of the testimony needed to be discussed in detail, but felt the City Clerk would in- clude all the testimony and figures presented in the minutes so it would be before the Council. Councilman Miller felt that the final decision might have to be con- tinued but there were details that needed to be discussed. Mayor Silva asked which of the other items on the agenda the Council members wished to continue if they went ahead with discussion on this matter as he felt this would be necessary to avoid exceeding a time limit of midnight. Councilman Miller stated that trying to shut off debate on an issue this important was a little bit outrageous; he felt that if two mem- bers of the Council, which represented 40%, wished to discuss some items they should be allowed at least 15 minutes to say a few words about this matter. CM-23-298 Mayor Silva stated he was not shutting off de- bate as the matter would be continued to the next meeting; then instead of 15 minutes they might be able to have an hour. November 16, 1970 (Public Hearing - Mobile Home Park, Associated Professions) The question was called for, and the motion for continuance of one week was passed by the following vote, with the stipulation that the full minutes of the testimony be included. AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva Councilmen Taylor and Miller * * * AFTER A BRIEF RECESS, THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * CONSENT CALENDAR RECESS A letter from the American Institute of Planners, (Metropolitan California Chapter, regarding the apointments to Transportation be made to the Metropolitan Transportation Com- Commission) mission was acknowledged. * * * A report by the City Manager indicates that the resolution adopted by the County Board of Supervisors requests that the Mayor of each of 13 cities in Alameda County select one repre- sentative to the Welfare Task Force Study. This appointment will be made in an executive session. * * * A report was submitted by the City Manager re- garding the investment of the surplus funds of the City for the past five years; the total amount of revenue accrued from this program has exceeded $310,500. (Report re Appoint- mernrWelfare Task Force Study Committee) (Investment of Surplus Funds) Councilman Miller stated that this investment program was a credit to the City Administration and hoped that the newspapers would report the amount of income so earned. He also inquired about the money shown as being invested presently in time de- posits and whether there would be a greater return if this money were invested elsewhere. Mr. Parness explained that at the pre- sent time deposits which are available exceed federal paper; time deposits are earning an average of 6~ and federal paper 5~%, which is the reverse situation of about a year ago. He explained that these investments are reviewed weekly in order to assure investment with the greatest return and also pointed out that the City's commercial account is kept to a bare minimum in order to afford as much as possible for investment purposes. * * * Departmental reports were received from the following: Airport - October - Activity and Financial Building Inspection - October Fire Department - October Golf Course - October Justice Court - August and September Police Department - October Water Reclamation Plant - October (Departmental Reports) CM-23-299 November 16, 1970 ~xempt Business Licenses) (Payroll & Claims) Approval of Consent Calendar REPORT RE PUD #15 (Extension- Carlton Dev.) Applications for exempt business licenses have been received from the following: Twin Valley YMCA - sale of Christmas trees and other miscellaneous items from December 4 thru December 23, 1970 Philippine American Association - dance Nov. 21 * * * Ninety-seven claims in the amount of $64,984.01 and two hundred sixty-four payroll warrants in the amount of $78,857.68, dated November 12, 1970, were ordered paid as approved by the Finance Dir- ector. Councilman Silva abstained from voting on Warrant No. 8946 and Councilman Beebe on Warrant No. 8991 for their usual reasons. * * * A motion was made by Councilman Miller, seconded by Councilman Beebe to approve the Consent Calen- dar, and passed unanimously. * * * The City Manager explained that he had met with the Planning Director and the principals involved on the extension of PUD No. 15 (Carlton Development Company) to work out the details of this permit ex- tension. Initially, he reported they had announced their intentions to let the PUD expire; however, after discussion of the alternatives sought by the City, especially in regard to the Murdell Lane relocation, they had reconsidered the extension. Mr. Parness stated that he had not heard from the applicant since these discussions. Keith Fraser, representing Carlton Development Co., stated his client had agreed to many additional conditions and the PUD as re- written is satisfactory. His client does not like the condition for a bond for Murdell Lane by 1973 and fee~it could be burdensome; however, they will go along with it. Mr. Lee had informed him the amount of the bond would be $33,500. Rather than specify the ease- ment will be in a certain location, his client would take the County requirements and the City requirements and try to work the street in on the basis of a floating easement. He hoped that agreement to these conditions and their performance by the extension date of March, 1971, would prevent further hassle and delay when the de- veloper comes in again in March, 1971. Councilman Miller felt this was a reasonable statement and explained that the reason for the March date is so that the permits will expire at the same time. Mayor Silva inquired how the parksite will be guaranteed in the event the property is sold to someone else. The City Manager felt this could be taken care of through the supplemental contract neces- sitated by the relocation of the road. The Public Works Director suggested that it might be possible to get an easement to the alignment that is established on the exhibit with the clear understanding that the final dedication could be subject to change and modification. After further discussion, the Council directed the staff to in- clude the supplemental contract wording on the Consent Calendar when this contract has been resolved. CM-23-300 * * * November 16, 1970 A communication from Keith Fraser, representing Bel-Mateo Theatres, has been received regarding a proposal for a mobilehome park east of Vasco Road, between Mesquite Way and East Avenue. PROPOSAL FOR MOBILEHOME PARK (Bel-Mateo Theatres) Mr. Fraser wished to know how the Council felt about this proposal so they would know whether it would be advisable to go ahead with the planning and engineering aspects. Councilman Taylor stated this is industrial land and development would have to be considered very carefully. Mayor Silva felt mobilehome parks should be permitted based on planning considerations only in certain recommended area. The Planning Commission has been studying this subject but hes not made a firm recommendation. He did not feel he could answer Mr. Fraser until he had seen the Planning Commission's plans for lo- cation of mobile home parks. Councilman Miller said the past policy had been to go through regular proceedings of annexation, with zoning to be discussed after annexation. Councilman Taylor said the City had never indicated any planning for outside the City limits. Mr. Fraser stated he had been present at the Planning Commission meetings regarding locations for mobile home parks and at the Council meeting when that plan was presented to the Council. He thought one of the areas on the map was an area on the corner of East Avenue. The Council pointed out thqt such a map had not yet been presented to the Council. Councilman Taylor said he would be surprised if the Planning Com- mission selected any sites in the County, which would amount to pre-zoning. Mayor Silva recalled that the City Attorney had previously stated the General Plan should be amended to reflect possible locations and Councilman Taylor stated his feeling that amending the General Plan would mean policy, not designation of specific sites on a map. Councilman Pritchard stated he had inquired of Mr. Musso the possible location of a mobile home park in a designated area in the County and had been informed that this was a staff suggestion; the Planning Commission has made no decisions. Councilman Taylor felt a great deal of specific study and planning would have to be made if certain specific areas are designated as sites and this is generally not done until a study is made of the General Plan. He did not know if he wanted recommendations from the Planning Commission indicating certain locations for mobile homes for approval by the Council. The General Plan does not necessarily include a map with specific locations, but it can have descriptions in words. Mayor Silva said that anywhere there is industrial or multiple zoning indicated that this could be a potential mobile home site. He would like to have the Council be more specific and have a specific zone for mobile homes. Councilman Taylor felt mobile homes could be allowed in certain areas designated multiple or industrial with conditions outlined, but not show any specific property on a map. Mayor Silva said his purpose was to eliminate numerous mobile home applications which will not be approved. CM-23-301 November 16, 1970 (Mobile Homes Bel-Mateo Theatres) The Planning Director explained that the Planning Commission now has before it an ordinance that would regulate mobile home parks; they are also trying to develop some criteria for a basis for locating mobile home parks. The only controversy is whether to indicate sites; the Planning Commission is reluctant to indicate sites for the reasons noted. There is also the possi- bility of indicating areas where higher density would be allowed through density transfer. Mayor Silva told Mr. Fraser that the Council did not seem to be in a position to reach any decision at this point. Perhaps after the Planning Commission makes its report, some indication on this site might be made. Mr. Fraser reported to the Council that the Radiation Laboratory had been contacted and there were no objections to the location of the mobile home park adjacent to the Laboratory. He wished to know if any of the Councilmen were opposed to this. Councilman Taylor said he could not state he was against the use at this location, but he was concerned about another leapfrog develop- ment. Councilman Miller felt the Council should follow the policy of many years, which is to talk about this in detail after the annexation is complete. Councilman Beebe said he had made the statement at the time of the Intermark application that he did see a need for a limited number of mobile home units and suggested 5% limit. There is a small need for some units in Livermore. Councilman Pritchard felt mobile home parks should be located in indus- trial rather than residential areas as mobile home parks in industrial areas would be a good interim land use. The Council discussed the effects of mobile home parks as interim use. Councilman Pritchard further stated he would probably not want to limit the units if this is considered a good use for the City. Glenn Coffey, 3557 Oregon Way, stated he was at the Planning Commission meeting on the previous Tuesday and the Commission did discuss possible limit percentages; also they were fairly specific in that they did not want to approve a map with specific locations. Another thing that had been mentioned was that mobile home parks can be relocated as is presently being done in San Jose. Location in an industrial area depends on the planning for any specific location. Thomas Raison, 5244 Kathy Way, felt this issue should go to the Planning Commission. Val Yoakum, 3832 Dartmouth, felt that a comparison should be made between an apartment complex and a mobile home park to determine the financial aspects of the two uses. He still felt a citizens committee should be named to look into this. No action was required as Mr. Fraser had just requested an indication from the Council regarding this proposal. * * * REZONING INITIATED BY PLANNING COMMISSION Rezoning has been initiated by the Planning Commission of the following sites from their present zoning category to E (Education and Institutions) District: Holm Well Site (U District); Emma C. Smith School (A District); Mendenhall School (RL-6 District); El Padro Park Site (RL-6 District). On motion of Councilman Miller, seconded by Councilman Pritchard, and by unanimous approval, a public hearing has been set for December 7 to rezone the above sites. CM-23-302 A Conditional Use Permit application has been submitted by James McAtee to allow truck and auto rental at 909 Bluebell Drive. The Plan- ning Commission recommends approval for a period of one year, renewable for an additional year. The main basis for the approval was the testimony that the rental business will provide for the Springtown area. November 16, 1970 CUP TO ALLOW TRUCK & AUTO RENTAL (909 Bluebell Dr., McAtee) Norm McAtee, part owner of the Gulf Station, said they presently had three trucks - one pickup, one 12 ft. and one 18 ft., which were new, and he did not feel they were unsightly. Although the area is zoned for a shopping center, there are not enough people yet to support one. He stated they had many inquiries from people traveling on the highway as well as people staying at the Holiday Inn for car rentals. He presented a petition from residents in the area who wanted the use to be permitted as long as there is not an excessive number. The Council discussed problems with parking which might be en- countered, but Mr. McAtee felt there was ample space to handle any vehicles which might be turned in at the station. He was agreeable to limiting the vehicles to ten. Councilman Miller said this station was in an area where zoning did not permit trailer rental; the zoning ordinance provided other areas designed for this use. Mayor Silva felt there was a definite need for the use at this location because of car breakdowns and inquiries for rentals at Holiday Inn. Councilman Taylor felt this case was quite different from the car rental on East Avenue and made a motion to approve the CUP with the conditions given in the Planning Commission's Resolu- tion No. 32-70 except that the ten permitted vehicles may include one pickup, one 12 ft. truck, and one 18 ft. truck. The motion was seconded by Councilman Beebe and approved by the following vote: AYES: NOES: Councilmen Beebe, Taylor and Mayor Silva Councilmen Pritchard and Miller * * * On October 13 the Council held a public hear- ing and proposed that the entire property lo- cated on the east and west side of Airway Boulevard, south of US 580, be rezoned to ID (Industrial Development and Administration) District contrary to the recommendation of the Planning Commission. The matter was referred back to the Commission for review and comment which is now presented to the Council and which concurs with the City Council's proposal. Introduction of an ordinance for this rezoning is indicated later in the meeting. * * * REZONING OF AREA EAST AND WEST OF AIRWAY BLVD, SOUTH OF US 580 The City Manager reported that AB-1856, which establishes an Airport Land Use Commission, was enacted during the last session of the Legislature without our prior knowledge that such a bill was to be introduced. Mr. Parness said he had just today discussed this bill with the Airport Ad- visory Committee who share his concern and adopted a motion for- mally endorsing the recommendation that the Council would instruct REPORT RE COUNTY AIRPORT LAND USE COMMISSION CM-23-303 November 16, 1970 (Airport Land Use Commission) that notices be distributed to the Mayors' Con- ference and the appropriate airport managers com- mittee, which has been assigned the responsibility of selecting appointees to this new Commission, and that secondly, the Council inform these groups of the strong wish and desire that Livermore be assigned at least one appointment to this Commission based upon the reason that Liv- ermore is probably the only airport in the area that has abutting land use yet to be precisely determined. He added another recom- mendation, which might precede the other two, that the Council urge a composite Airport Commission be formed rather than the dele- gation of this responsibility to an assigned group such as the County Planning Commission. Mr. Parness stated that this law particularly refers to building height regulations as it refers to airport properties. It allows a lot of discretion to be given to the group as far as what land uses will be permitted. The bigger cities will be firmly represent- ed, but it is hoped that Livermore will be given one seat. Several members of the Council felt that we should request more than one seat on the Commission. Councilman Taylor stated that the rationale for this request would be that the land use is al- ready determined around the airports at Oakland and Hayward, and made a motion that the Council adopt the City Manager's recommenda- tions that we push for representatives from the municipalities on the Commission. The motion was seconded by Councilman Beebe and approved unanimously. Mr. Parness informed the Council that this item was on the Mayors' Conference agenda for the meeting of December 2 and action must' be taken at that time. The bill does not specify jurisdiction for the Commission, and if the County Planning Commission was named they might possibly have jurisdiction over City land. PROPOSED ORDINANCE RE ZONING AREA ADJACENT AIRWAY BLVD. AYES: NOES: ABSENT: * * * On motion of Councilman Miller, seconded by Council- man Beebe, the ordinance regarding assignment of zoning on the east and west sides of Airway Boulevard to ID (Industrial Development and Administration) District was introduced, the reading of the ordi- nance was waived (title read only) by the following vote: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva None None PROPOSED ORDINANCE RE ZONING PORTOLA AVE. ANNEX No. 4 * * * A motion was made by Councilman Miller that all residential properties in the Portola Avenue Annex No. 4 be zoned to RS-3 (Suburban Residential) District, but the motion died for lack of a second. Mayor Silva made a motion, seconded by Councilman Pritchard, that the proposed ordinance re assignment of zoning categories to Portola Avenue Annex No.4 as outlined on the designated map be introduced and the reading of the ordinance waived. The question was then brought up regarding the abstention during discussion of the zoning of Portola Avenue Annex No. 4 by Mayor Silva and Councilman Miller on certain portions of the property. The City Attorney advised that they would also have to abstain from voting on those portions of the proposed ordinance. The motion on the floor was withdrawn. CM-23-304 November 16, 1970 Mayor Silva made a motion, seconded by Councilman Taylor, that the proposed ordinance re assign- ment of zoning categories to those properties north of First Street to RS-3 District be intro- duced and the reading of the ordinance waived. The motion was passed by the following vote: (Ordinance Zoning Portola Ave. Annex No.4) AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: None ABSTAIN: Councilman Miller Mayor Silva made a motion, seconded by Councilman Beebe, that the proposed ordinance re assignment of zoning categories to the balance of the property as designated on the map, excluding that property designated Rs-4 and RL-6 north of Colgate Way, be intro- duced and the reading of the ordinance waived. Councilman Miller referred to his comments included in the agenda regarding holding capacity of the various proposed zoning plans. He stated that all of the areas designated as residential would have buffering problems; the lower the density the easier it is to provide the buffers. His proposal to zone all of the residen- tial to RS-3 would allow the holding capacity of the General Plan to be maintained within three units. Discussion followed regard- ing the densities and holding capacity designated by the General Plan. Councilman Miller felt that the purpose of assignment of densities and zoning is to maintain the holding capacity calcu- lated for the General Plan. Councilman Taylor thought the area should be divided into logical neighborhoods when discussing holding capacity. There is no communication between the two areas north and south of the rail- road tracks and should not necessarily be considered together in figuring holding capacity. Essentially, the increase in hold- ing capacity is not due to increase of density but because some land formerly considered for industrial has been considered for residential. He stated his feeling the only change he might consider was that portion abutting the Colgate Way property, which is not included in the present motion. The motion to introduce the ordinance to zone the balance of the property as designated on the map, excluding that property de- signated Rs-4 and RL-6 north of Colgate Way, and waive the first reading was passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: Councilman Miller ABSTAIN: None Mayor Silva withdrew from the chair as he abstained from discus- sion and vote on that property north of Colgate Way, because his residence is located in the area, and Mayor pro tempore Miller presided over this discussion and motion. Councilman Taylor felt that Councilman Miller's arguments about holding capacity had nothing to do with this portion of the parcel since it is in a completely different planning unit. Councilman Taylor made a motion, seconded by Councilman Pritchard, that the property north of Colgate Way be zoned RS-3 rather than Rs-4, except the property abutting the rear of Colgate Way which will be zoned RL-6, and the motion was passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Miller NOES: None ABSTAIN: Mayor Silva CM-23-305 November 16, 1970 MATTERS INITIATED BY STAFF (Agreement re Grading-Civic Center Site) (Park Dedication) The Public Works Director reported that he had attend- ed a meeting with the LARPD regarding the grading work at the Civic Center site. The members of the LARPD Board approved the agreement with the contrac- tor with three additions: 1) that they be covered by the insurance carrier, 2) mentioned in the llhold harmless clausell of the agreement, and 3) the City will be responsible for the maintenance of the Sunken Gardens area during the term of this agreement. * * * The City Attorney asked that the City continue to support Walnut Creek's stand in regard to an appeal to the Supreme Court in their parkland dedication case. Councilman Miller made a motion that the Council continue to support Walnut Creek in their stand with regard to an appeal to the Supreme Court in their parkland dedication case, to resolve park dedication law in favor of the cities. The motion was seconded by Councilman Pritchard and approved unanimously. (Annexation Fees re Mobile Home Parks) * * * The City Manager inquired as to the Council's inten- tion regarding a~sessment of annexation fees pertain- ing to mobile home parks. Discussion followed as to whether or not the annexa- tion fee would be assessed on a per unit basis. Councilman Taylor made a motion, seconded by Councilman Miller, that the annexation fees be assessed on a per dwelling unit basis, regardless of type of unit, and it was approved unanimously. (Capital Improvement BUdget) MATTERS INITIATED BY COUNCIL (Summer Youth Program) (Sign Ordinance) * * * The City Manager reminded the Council of the study session at 11:30 a.m. on Thursday at the Rincon Fire Station to continue discussion on the Capital Im- provement Budget. * * * Councilman Taylor mentioned that it had been suggested that local youth be given first consideration in the City's summer hiring program and the City Manager pointed out that all of the positions are filled by local youth through interview and written applica- tion which includes a short essay as to why they desire the job. * * * Councilman Pritchard inquired if any action had been taken regarding referral to the Planning Commission for reconsideration of highway oriented sign ordinance. After discussion it was decided this should be done through formal action of the Council. Councilman Pritchard made a motion, seconded by Councilman Beebe, that the Planning Commission be requested to study that particular portion of the sign ordinance relating to highway oriented signs, and the motion passed unanimously. (SUpport of Assemblyman Knox) CM-23-306 * * * Councilman Miller felt the Council should send a letter of thanks to Assemblyman John Knox as it was his Bill that got the three northern counties into the Air Pollution Control District. November 16, 1970 Mayor Silva referred to action by past Councils whereby the City has contacted the railroads regarding joint usage of tracks and suggested to the present Council that the City request the railroads to consider such joint usage, not City but along other portions of their lines. (Relocation of Railroad Tracks) only here in our Mr. Parness pointed out that there have been changes in circum- stances regarding relocation of the tracks and joint usage. One major change is the removal of passenger train service over the Southern Pacific system and other technological advances may make such a proposal feasible. On motion of Councilman Beebe, seconded by Councilman Miller, the following resolution was passed by unanimous vote: RESOLUTION NO. 144-70 A RESOLUTION URGING RAILROAD COMPANY JOINT TRACK USAGE. * * * The Council decided not to hold a Council meet- ing on the fifth Monday, which is November 30. (Meeting Nov. 30) * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 11:55 p.m. to an executive session to consider appoint- ment to the Youth Council, the Welfare Task Force Group, and the Community Affairs Committee. ATTEST * APPROVE * * * Regular Meeting of November 23, 1970 A regular meeting of the City Council was held on November 23, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meeting was called to order at 8:05 p.m. with Mayor Silva presiding. (This meeting was broadcast over Station KYTE until close of the hearing re Associated Profession's rezoning and PUD applications). * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, ROLL CALL Miller and Mayor Silva ABSENT: None * * * CM-23-307 November 23, 1970 MINUTES The minutes of the meeting of November 16, 1970, were approved as amended on motion of Councilman Beebe, seconded by Councilman Miller, and by unanimous vote. * * * Clarence Hoenig, 588 Tyler, stated that about a month ago the LARPD gave a presentation at the Jack- son Avenue School on some of the proposed designs for Jackson Avenue community park and there was general dissatisfaction expressed among those present at the meeting concerning the traffic plan as presented. Pomona Way is to be extended through the park and will become a collector street and divide the park from the school site. They were also concerned that the City plans to sell part of the land in order to pay for this extension. A petition had been circulated asking that the traffic plan be reconsidered; this petition bearing 100 signatures from residents of the Jensen tract as well as Wagoner Farms was presented to the Council. OPEN FORUM (Jackson Ave. Park Site) Mayor Silva said this matter had been discussed about one year ago and the decision was made then on the plans for the park and exten- sion of the street. He felt the people did not understand all the facts and suggested that the staff have a meeting with residents of the area to explain the situation more fully. If there is still dis- agreement over the plans, a city-wide meeting would have to be held as any change in the plans would mean that the balance of the commun- ity would have to subsidize the construction of this street. The staff was instructed to set up this meeting within two weeks and also to contact the LARPD regarding abeyance in this matter. The City Man- ager explained that the LARPD was awaiting a decision from the City regarding Pomona Way before proceeding with the development work. (Jail Conditions) (Air Pollution Standards) (Granada Little League) * * * Earl Forrest, 765 Cardinal Way, spoke in regard to jail conditions experieQced by his son who had re- cently spent a night in the local jail. The staff was directed to investigate this complaint and to contact Mr. Forrest regarding the outcome. * * * Don Watson, 876 Via Seville, of the Clean Air Coordi- nating Committee, stated that the Board of Air Re- sources of the State were given new recommendations for air quality standards by the Technical Advisory Committee. He discussed these standards briefly. * * * Willard Lehman, 1379 Laguna Street, presented a letter addressed to the City Council setting out the program of the Granada Little League which calls for construction of four Little League ballparks on pro- perty at Mendenhall School. He explained various donations of time, labor and money from people of the community, and requested assistance from the Council. The City Manager explained that a maximum credit of $1,000 had been previously extended to the Livermore Little League in the form of personnel time, materials or supplies obtained through the City's purchasing outlets. No cash was extended. Councilman Beebe made a motion to extend the same assistance (up to an equal amount) to the Granada Little League as extended to the Livermore Little League. CM-23-308 November 23, 1970 Councilman Taylor stated that there had been (Little League) opposition voiced before when aid was given to the Livermore Little League as many felt the City was not in the recreation business and taxes are paid to the Recreation District for these purposes. He suggested that this matter be postponed for further study and discussion with the Recreation District. Councilman Taylor made a motion, seconded by Councilman Miller, to table this discussion, but the motion failed by the following vote: AYES: NOES: Councilmen Taylor and Miller Councilmen Beebe, Pritchard and Mayor Silva The previous motion for approval of expenditure was seconded byCouncll. man fritcrnrdand passed unanimously. Mayor Silva commented that matters such as this request for fin- ancial support should be included as an item on the agenda so that full information and facts are available before the Council has to make a decision. Councilman Miller agreed with Mayor Silva in this regard and also thought a policy should be set. * * * Paul Tull, 2243 Linden, presented a copy of the (Display of Flag) Boy Scout Manual to the City Council from the American Taxpayers Union as a reference for the manner in which to display the flag. He referred to a recent incident regarding the flag on November 11. Councilman Miller explained that he had been contacted in the absence of the Mayor and that he had discussed this matter with the Chief of Police as the Police Department has the responsibility for administration of the flag code and raising and lowering the flag flown on the pole located at the intersection of First Street and Livermore Ave. He felt the uproar over this incident was an attack on the Police Department and he resented it. The Livermore Flag Code was drawn up in cooperation with the Police Department and the City Staff, and is based on the Flag Codes of the Encyclo- pedia Britannica, Encyclopedia Americana, the State Law and the Flag Code of the American Legion. All of these agreed that it is disrespectful to fly the flag in inclement weather, and the deci- sion as to the state of weather is a decision made by the Police Department; he fully supported the decision of the Police Depart- ment in this matter. * * * Sue Steinberg, 4174 Pomona Way, commented on (Mobile Homes) statements made recently in regard to mobile homes. She felt that mobile home owners have received much bad publicity when the situation has resulted from state laws which have been passed regarding mobile homes. She referred to inequities in taxes and school support which resulted in other residents having to carry a greater burden. She asked the Council to consider if they could in good conscience vote for mobile home parks and thereby ask the present residents to pay more than their share. * * * An application for rezoning from RS-3 District to RG-10 District has been submitted by James Viso, trustee for Hyman and Rena Weisel, for property located on the north side of Interstate 580 between Bluebell Drive and Central Avenue. PUBLIC HEARING RE REZONING (No. of Interstate 580) The Planning Director explained that the matter before the Council is for rezoning although there is also a proposal for a mobile home park which may be submitted through request for a Conditional Use CM-23-309 November 23, 1970 (Public Hearing No. of Inter- state 580) Permit. The property contains approximately 40 acres and frontage on Highway 580 extends some distance. It was a part of the original annexa- tion by Marnel Development Company for the devel- opment of Springtown; however, it was not a part the original Springtown Planned Development Permit. The request in conflict with the General Plan, which indicates the density be 3 d.u./acre. The Planning Commission recommends denial. of is to The public hearing was opened at this time by Mayor Silva. The applicant was not present at the meeting. Mrs. Paul Stroud, 5218 Iris Way, protested the granting of the re- zoning in view of the plan to develop a mobile home park. She re- quested that Councilman Pritchard explain his statement, reported in the newspaper, that he feels the majority of the Springtown resi- dents favor mobile home parks and asked that he state the number of those who favor mobile home parks. In a petition presented at a prior time there were 148 signatures objecting to a mobile home park in the Springtown or Proud Home area and a second petition included 70 signatures of Springtown residents objecting to mobile home parks under present conditions. She challenged the statement that a major- ity favored mobile home parks there. Mayor Silva stated it was the policy of the Council that questions be asked of the Council in general rather than directed to a specific member. Mayor Silva said he makes decisions based on what he feels is for the best interests of the majority of the citizens. Councilman Pritchard replied many of the 70 signatures on the second petition were also on the first peition; 148 does not seem to be a majority of 700 residents. He further stated he understood that those obtaining signatures on the peitions combed the area for two weeks; he was basing his decision on what the majority of the people who had talked to him had expressed. He was referring to those areas where mobile home parks could be permitted. Mrs. Stroud wished to correct Councilman Pritchard's statement regard- ing the petitions. The first petition was circulated by some young people at first but after the petitions were in her house, she con- tacted those whom she felt wished to sign them. Clarence Hoenig, 5e8 Tyler, stated he felt the citizens wanted the General Plan to be respected as it stands and that there be no density increase in this area. If a density transfer is considered, he re- quested that the City obtain the deed to the land to guarantee it as open space. He was against the requested rezoning. Earl Kerr, 1654 Hollyhock, said he was opposed to the rezoning. There would be more traffic on Bluebell Drive. Harry Wilson, 926 Curlew Road, spoke against this rezoning because it did not conform to the General Plan and further, if the intent is to provide a mobile home park, he was against that use. Paul Tull, 2243 Linden, said he was opposed to the rezoning and in- crease in density as well as the proposed use. He stated each mobile home unit permitted cost the City $264.00. Kenneth Bandtel, 1352 Kathy Court, stated he lived in the Wagoner Farms area, and the trend in density in this development as well as others has been upward. He was against increase in density. John Stroud, 31eO Kennedy Street, was against the increase in den- sity which was, in fact, an increase in growth which compounded problems of the City. Harold Enos, 44 Colusa Way, opposed the density increase. He re- ferred to the recent defeat of the water bonds as opposition to growth for growth's sake. CM-23-310 November 23, 1970 A motion was made by Councilman Pritchard, se- conded by Councilman Taylor, to close the pub- lic hearing and passed unanimously. (P.H. Rezoning No. of Interstate 580 - Viso) Councilman Taylor felt this was a request for a density increase which is unjustified. He made a motion that the recommendation of the Planning Commission for denial of the application be approved; the motion was seconded by Councilman Pritchard, who stated that it had been the history of this Council not to increase the density. The motion for denial of the application was approved unanimously. * * * The public hearing regarding the application of Associated Professions for rezoning and a Plann- ed Unit Development Permit for property located generally south of US 580, easterly of Isabel Avenue (extended) and north and south of Las Positas Road to allow a mobile home park, drive- in theatre, cemetery and industrial area was held at the previous Council meeting of November 16. The hearing was closed at that time but the discussion was deferred until this meeting. PUBLIC HEARING RE REZONING & PUD PERMIT (South of 580-Assoc. Profes- sions) The Planning Director referred to a memo included in the agenda with some additional discussion in regard to this application and explained the plans shown on the memo. Councilman Taylor discussed testimony by the applicant during the hearing, especially a chart used by Mr. Spruiell in his presenta- tion. He did not dispute the individual figures or how they were calculated, but wished to point out that the development fees of $826,000 are fees paid to cover costs incurred, and are not income to the City. The annexation fee which would be paid is under the old schedule and there would be rather heavy subsidization of the development under the old schedule. Councilman Taylor then re- ferred to the taxes shown on the chart. He pointed out that during the first year the total taxes paid are $357,000, deducting the sales tax according to his figures, which is equivalent to a tax rate of $9.83 whereas other residents pay approximately $13.50. If the 1% sales tax is added, during the first year the tax paid into the City is about equivalent to the $13.50 everybody else pays. At the end of the first year, the tax rate drops to $9.83; at the end of five years it drops to $6.20; at the end of nine years it drops to $5.88. Included in these figures is the tax on the pro- perty as well as the in lieu tax on trailers and the in lieu sche- dule reflects very rapid depreciation. It is true that the pro- perty owner has to pay $826,000 to get this development started, but it is also true that from the viewpoint of an equivalent tax base for the City it is not such a good deal for the City. Only one-third of the in lieu tax goes to the School District; about half of our regular tax goes to the School District. Councilman Taylor also discussed comments made previously by Mr. Earl Mason regarding the school housing situation in the area. He questioned whether the School District had changed its posi- tion regarding availability of school sites. Mr. Bruce Jamieson of the School District staff stated the District has not changed its position that there is only one school site available, which is not sufficient for those children already in the area; therefore, any type of additional housing would put an extreme burden on the School District. Mayor Silva inquired if it would be possible to have a school site dedicated in this area to serve this neighborhood. Mr. Jamieson replied that they would not be able to get approval of a site from the State due to the proximity to the airport. CM-23-311 November 23, 1970 (P.H.-South of 580 Associated Professions) Councilman Taylor said that in his calculations the property tax remained the same; if they increased, the disparity would increase. He had assumed a land value of $6,000, $12,000 in the trailer for a total value of $18,000 which would be equal to the lowest priced housing available in Livermore. Councilman Pritchard asked Councilman Taylor if in his calculations he had taken into consideration that the cost of some services, such as street maintenance, would be reduced. He said the point he wished to make is that the figures which had been presented are not all the figures; all the facts and figures are not known and may never be. Councilman Taylor said they should consider those facts which are known, such as that no tax is paid to BART, LARPD or the Jr. College District from the value of the mobilehome unit. He was convinced a mobile home development is going to be a tax liability to the City. Mayor Silva stated he more or less agreed with Councilman Taylor's figures but did wish to point out that sales tax from sales and re- sales had not been included. Further, the people of the development would be provided their own recreational facilities; the LARPD Board has expressed approval of this development since they would not have to bear the cost of maintenance of the facilities. He did not feel that each application can be decided on the basis of taxes accrued to the City, but decisions should be decided on planning aspects. Councilman Beebe felt that as far as cities are concerned, trailers will pay for themselves; as far as schools are concerned it is clear that perhaps the units do not support them fully. He concurred with the general philosophy as expressed in the staff report. Councilman Pritchard stated that if taxes are to be made the criteria for allowing development then only developments of homes of $35,000 would be allowed. Figures could be calculated to show that homes under that amount do not pay their way either. Councilman Taylor said the fact to keep in mind is that a substantial part of the community would be paying less than half the rate of taxes as the other people and this is not right. Mayor Silva pointed out that everyone in the community subsidizes everyone else in one way or another, such as those residents who do not have children. He stated he was not for 800 mobile home units in any location; he felt the application should be considered on its planning merits. Councilman Miller pointed out that the developers do not pay all of the $826,000 mentioned; the in lieu taxes are paid by mobile home owners. Secondly, he felt it was clear from the analysis made that mobile homes do not pay their way. Third, factors such as street maintenance cost, recreational facilities, etc. are the same as for apartments which pay the full tax rate. In regard to the endorsement by LARPD, they did not count the tax supported cost of their programs for these people. Taxes are an issue in the community; taxes are usually charged equitably, but mobile home parks would create a whole class of tax inequity. When state laws are changed, then the issue would be different. Councilman Pritchard referred to earlier remarks that it is not the owners of mobile homes who are trying to make a burden; the point is that we cannot restrict people from a mode of living which is desired. If the general public feels there is inequity, then they should bring pressure to bear on the state legislature to change the tax laws. He did not feel he could tell anyone they could not come to live in Livermore. Mr. Musso said the General Plan presently indicates a portion which would be approximately half of the subject property as residential at 4 d.u./acre and the other half as agricultural as of 1959. When the airport was moved, there was concern expressed about residential CM-23-312 November 23, 1970 land use in this area. In 1968 there was in- creased concern about establishment of residen- tial use in this area, and the Planning Commis- sion initiated hearings at which time it was concluded that better land use could be found than the proposed residential. The only obvious answer was in- dustrial; however, at that time it was felt industrial regulations were such that the area should not be so zoned. Some of the uses proposed were a cemetery, a semi-commercial agricultural use, trucking or warehousing activity. Zoning regulations for this area are still under study by the Planning Commission. (P.H.- So. of 5dO Associated Professions) Councilman Taylor pointed out that the residential zoning indi- cated on the General Plan became obsolete when the airport traffic patterns were established. Councilman Miller recalled that the reason zoning other than A-20 was not given to this area is that the Planning Commission had not recommended any use and it was decided to delay zoning. Mr. Musso discussed the present industrial zoning regulations and said they needed to be revised so that an industrial park area such as Pleasanton is developing could be regulated in Livermore. Mayor Silva asked the City Attorney if it would be possible to adopt an emergency ordinance of some sort until a new ordinance can be adopted or if industrial is permitted in this application can it be controlled in some way. The City Attorney said a "freeze" can be imposed until the plans are ready but did not see any way through a special permit. If it should be determined that it is suited for industrial, then the Planning Department should establish special regulations for industrial, then whatever action necessary to hold it could be taken until those studies are done. Councilman Miller discussed a proposal which had been drawn up by former Councilman Uthe regarding industrial park development re- gulations and zoning, which is similar to that used in other cities and suggested that this could be adopted as an interim or- dinance until study can be made further. Councilman Beebe said that there were many fine points in the proposal made by Councilman Uthe but there were some very res- trictive points which would prohibit development. He asked the Public Works Director how far a protective or clear zone should be established around the airport. Mr. Lee said the main con- cern was for extension of the runway and noise zones and indicated the area on the map. If development is allowed in certain areas on the fringe of the clear zone, perhaps an air easement should be obtained in order to avoid any problems over noise. Mr. Lee explained the design of the clear zone and its slope from the end of the runway. Councilman Pritchard asked Mr. Lee if the homes on the south which already exist would not, in fact, be closer to the end of the runway than those in parts of the proposed de- velopment on the north. Mayor Silva stated this seemed to indicate that homes could be allowed in the northerly 25% portion of the proposed area and the balance given to other use. Councilman Pritchard made a motion that the northern sixty acres of this property be zoned PD and the balance as agricultural. This would allow a mobile home park through a Conditional Use Permit in that sixty acres. He felt that the Council was agreed that the cemetery should not be allowed in this area so it could be removed from the PD; a drive-in movie is equally out of the question due to access. So all that is left is the 21-acre park CM-23-313 November 23, 1970 (P.H.-So. of 5bO- Associated Professions) and the sixty acres north of that and the City's property. He explained that he would like to see part of this area developed as a mobile home park and the rest industrial. Councilman Taylor felt if the Council wants the property industrial, it should be zoned industrial; in the past a request for PD has been for residential development. They should reach agreement on use, and if different from the Planning Commission recommendation, it should go back to the Commission with the Council's recommendations. Councilman Pritchard was asked to withdraw his motion at this time, and to consider making it later if he so desires, and Councilman Pritchard agreed. Mr. Musso stated that the Council could zone one part of it PD since the public hearings had been held and such action could be taken. Mr. Lee commented on the future alignment of Highway 84 which will run along the westerly boundary of the property. It will be approxi- mately 240 ft. at the lower end and continue up to the point at the easterly boundary where the cloverleaf interchange with US 580 will be located. He felt this area should remain A-20, but Mayor Silva pointed out this could not be considered legally. Councilman Taylor commented on the land use; the City is unbalanced in that there is more residential area than can be supported by the industrial. There seems to be a trend for industrial to locate by freeways and around airports rather than railroads as in the past. This land is at the interchange of two major freeways and has good airport access; therefore, it is reasonable to consider it for in- dustrial use. This could be a valuable piece of industrial property for Livermore, and felt it should be considered for appropriate in- dustrial zoning. Councilman Beebe agreed that ultimately the majority of the land should be well planned industrial development, but felt the freeway construction was ten years away and the owner should not be expected to hold this land until then. He felt a small portion on the northern end could be used as an adult trailer park; the Council has the ob- ligation to provide a balanced planned community and a small per- centage of mobile homes should be allowed. Councilman Miller said he supported Councilman Taylor's statements, but wished to add that the previous Council saw the problem of resi- dential in this whole area and this is the reason it was zoned to A-20 at that time. The City must plan development for the overall benefit. He referred to the school problem and the fact there is no location available for school sites. Although the main objection by others is to the location of trailers in this area, there is also opposition to any residential development. There are better uses than residential for this land. Councilman Pritchard agreed the ideal usage of the land is industrial, but it will be some time before this land can be developed as in- dustrial and mobile homes would be a good interim use. He felt each individual case should be taken on its own merits as far as numbers, and he would go along with industrial zoning and give a resolution of intent that a mobile home park will be allowed with the design and number to be decided later. Mayor Silva said that this property would probably have been zoned 75% industrial and northerly 25% Rs-4 in 1959 if they had known the airport would be there. He proposed that this be done now, and if mobile homes are desirable to allow them to be developed at 4 d.u./acre or a density transfer with 8 d.u./acre. This would involve about 44 acres and at b d.u./acre they would dedicate 22 acres to the City and 176 mobile homes could be developed in RG-8 area; when the cloverleaf is developed this would take away about 15 acres. CM-23-314 November 23, 1970 Councilman Beebe suggested rezoning 30 acres to RG-10 with density transfer. Mayor Silva point- ed out that zoning to RG-e would give the appli- cant some latitude and gives the City some open space which could also serve as a buffer zone with the airport. Councilman Taylor felt that under Rs-4 the property could be sold and anything would be allowable, not just mobile homes. It would be better to zone it all industrial and allow a CUP for the mobile homes; however, he was opposed to a mobile home park in the area. (P.H.-Rezoning So. of Interstate 5eO- Associated Professions) Councilman Pritchard made a motion that the entire area, including the property south of Las Positas, be zoned rD; the motion was seconded by Councilman Beebe. Councilman Miller statedit was clear the intent of the motion was to provide a certain number of mobile homes. He favored industrial use with the appropriate regulations, but did not favor mobile homes on this property. He felt it should be left as A-20. John Barker commented that the application is for PD and the intent then will be to enter into a binding PUD with the City. He would like some clear definition from the Council as to whether mobile homes will be allowed and how many rather than a blanket ID zoning. The original application was for 800 mobile home units; as a compromise he suggested 60 acres of mobile homes at a density of 7.5; 40 less acres of industrial to the south and perhaps to the east; dedication to the City of 21 acres for a park; and the balance left as A-20. The Council considered reopening the hearing for additional testi- mony from those present, but it was determined that there was no need unless the motion on the floor failed and discussion was allowed on the alternate proposal of the applicant. Councilman Taylor called for a vote on the motion before the Council, seconded by Councilman Miller, and the motion to rezone the property to ID was passed unanimously. Mr. Musso pointed out that this matter must now go back to the Planning Commission and a new public hearing regarding the CUP will be required so the issue is not decided at this time. Discussion followed as to how many mobile home units the Council would consider. Mayor Silva said he would go 176 units as an interim use until the freeway is constructed. Councilman Miller and Taylor were against any units. Councilman Pritchard felt the northerly 50 acres were suitable for mobile homes, which might allow 400 units. Councilman Beebe felt 272 was the only indication. Councilman Miller, assuming the calculation mentioned in earlier testimony of $264 subsidy for each mobile home unit as compared with an equal price house, calculated that there would be an in- crease of ei on the tax rate for these mobile homes. Councilman Pritchard stated he could provide figures which would prove his figures were wrong. Mr. Barker inquired if, when the application is returned to the Planning Commission, the applicant could still withdraw his request. The City Attorney stated final action had not been taken as this matter was continued; final zoning action will not take place until the Council takes action after it is referred from the Planning Commission. The matter of rezoning to ID District was referred back to the Planning Commission for review and comment. * * * CM-23-315 November 23, 1970 RECESS Policy re Mobile Home Park Fees Annexing "Interchange Annex" Report re Bus Transit Consultant's Report After a brief recess the meeting was resumed with all present. * * * CONSENT CALENDAR The Council indicated at its last meeting that it was their intent to assess the same annexation fee for mobile home units as for single family dwelling units. The following resolution amends the policy statement in this regard. RESOLUTION NO. 146-70 A RESOLUTION REPEALING RESOLUTION NO. 129-70 AND AMENDING RESOLUTION NO. 190~69 PROVIDING FOR INTERIM ANNEXATION FEES. * * * A small annexation, mainly consisting of the freeway intersection at First Street and US 5~0 was neces- sitated by the dictate of the Local Agency Formation Commission to make a small incorporated portion of the Portola Avenue Annex No.4 contiguous to the City north of US 580. RESOLUTION NO. 145-70 A RESOLUTION APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "INTERCHANGE ANNEX" TO THE CITY OF LIVERMORE PURSUANT TO THE "ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939" AND SECTION 35015 OF THE GOVERNMENT CODE. * * * The City of Livermore is participating with the pub- lic jurisdictions in the Valley, AC Transit and BART in a study concerning bus feeder line services and a local bus system for the Valley communities. A consultant firm retained for this purpose, De Leuw, Cather & Co., presented its mid-term planning report to the public at a meeting on November 19. Councilman Taylor felt that since he was the only Councilman in attendance at this meeting that this matter should be discussed after the other Council members had a chance to read the report. The staff was instructed to include this item on the agenda at a later date, but not as a Consent Calendar item. Exempt Business License Payroll and Claims Approval of Consent Calendar GM-23-316 * * * An application for an exempt business license has been received from the YMCA Amateur Radio Club to paint house numbers on curbs. * * * Eighty-three claims in the amount of $15,~04.65, dated November 19, 1970, were ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 9075 for his usual reason. * * * A motion was made by Councilman Beebe, seconded by Councilman Miller, to approve the Consent Calendar, and passed unanimously. * * * November 23, 1970 A Conditional Use Permit application has been submitted by Douglas Oil Company for a free- standing sign at 2620 First Street. Mr. Musso explained that a freestanding sign can be allowed under a CUP if the location of building adjacent and the site plan is such that a sign located on the building would not be visible. The Planning Commission did concur that a freestanding sign should be allowed. A 30-ft. high sign was proposed with the name, price and symbol, but the Planning Com- mission did recommend the present standards of an 8-ft. high sign of 16 sq. ft. incorporated into a planter, subject to design re- view, with a setback of 5 feet. CUP re Freestanding Sign (Douglas Oil) A motion was made by Councilman Miller, seconded by Councilman Beebe, to approve the Planning Commission's recommendation for approval, subject to the conditions given in their Resolution No. 33-70, which was passed unanimously. * * * An application for rezoning has been submitted by Jerome Fahnhorst (Associated Professions, agent) and an expanded area initiated by the Planning Commission. The applicant's parcel is located on the southeast intersection of Park and North 0 Streets; the expanded parcels extend generally south of Park street, from No. L to North S streets, north of the Western Pacific Railroad tracks. REZONING RE PARK & NORTH 0 STREETS (Fahnhorst) A motion was made by Councilman Beebe, seconded by Councilman Miller, to set this rezoning for public hearing on December 14 and passed unanimously. Councilman Taylor said that many discussions have been held in the past by the Planning Commission regarding the properties on the north side, especially approaching Railroad Avenue. He re- quested that the Planning Director gather some of these reports for review by the Council. * * * The summary of Planning Commission action taken on November 17 was noted by the Council. SUMMARY OF PLANNING COMMISSION ACTION * * * A report was made by the City Manager regarding REPORT RE equipment bids received by the City. In accord- EQUIPMENT BIDS ance with provisions of the current budget com- petitive bids were solicited for furnishing various public works vehicles. A report from the Public Works Director includes a bid analysis and recommended vendor selection. Bids were received on November 18, 1970, for a street sweeper as follows: Bidder Make Bid Tax Total Del.Days Hlcher Machinery Murphy $21:580 $1,192.40 $22,(572.40 120 E. R. Bacon, San M-B 16,250 893.75 17,143.75 90 Leandro Nixon-Egli, Mobil 15,(535 870.93 16,705.93 60 Hayward 1970-71 Budget $3,950 Equipment Replace- ment Fund 13,150 $17,100 CM-23-317 November 23, 1970 (Equipment Bids) It is recommended that the bid be awarded to the Nixon-Egli Company, Hayward, as the Mobil Sweeper meets the specifications. Bids received on various vehicles for the Public Works Department and the recommendations are as follows: 1) ~-Ton Pickup with an electric utility body - the low bid by G. E. Dailey in the amount of $3,409.99 is recommended. l~-Ton truck chassis - low bid by Codiroli Ford in the amount of $5,954.25 is recommended. 2) 3) Aerial Lift - it is recommended that the bid be awarded to utility Body in the amount of $12,576.03. (The bids received on the "Sky-Worker" and 'fTel-E-Lect" were rejected as they did not meet specifications.) Utility Body for Water Service Truck - the low bid of $847.03 by Edward R. Bacon is recommended. 4) 5) Dump Truck - the low bid was submitted by International Harves- ter and the next lowest bid by G. E. Dailey in the amount of $8,878.13, which is 2~% higher. Awarding of the bid for the dump truck was held over as the Council wished to consider further whether the bid should be given to the local dealer since the two bids were very close. They discussed sales tax which would be paid to the City from a local sale and the service aspects. A motion was made by Councilman Taylor, seconded by Councilman Miller, to approve the Public Works Director's recommendations for these pur- chases, with the exception of the dump truck; the motion was approved unanimously. * * * ORDINANCE RE REZONING AREA ADJACENT TO AIRWAY BLVD. On motion of Councilman Beebe, seconded by Councilman Miller, the second reading of the ordinance was waived and by unanimous vote the ordinance rezoning the area adjacent to Airway Blvd. to ID District was passed. ORDINANCE NO. 728 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. * * * ORDINANCES RE ZONING OF PORTOLA AVE. ANNEX NO. 4 ORDINANCE NO. 729 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 Taylor, seconded by Councilman Pritchard, the second reading of the above ordinance zoning the properties on the north side of First Street and Portola Avenue was waived and the ordinance was passed by the following vote: AYES: Councilmen Beebe, Taylor, Pritchard and Mayor Silva NOES: None ABSTAIN: Councilman Miller In regard to the ordinance for the zoning of the triangle area in- cluding the service station bounded by Portola Avenue and First Street CM-23-31e November 23, 1970 as Rs-4, industrial adjacent to First street as ID-H, and the industrial south of the railroad tracks as ID District, Councilman Miller ques- tioned the intention of the Council in regard to that portion designated as Rs-4. It had been discussed that a portion of this would be a shopping center and the remainder may include apartments. He asked if the Council intended to zone this for apartments later or to have the apartments come from density transfer elsewhere. Mayor Silva replied that the number to be assigned would be decided by the planning considerations. Council- man Taylor said approval of the apartments would depend upon logi- cal justification; the design when presented might not justify density transfer at all. The Council discussed proposed density of this area in relation to the number of apartments to be allowed, but the majority felt this could not be decided at this time. (Zoning of Portola Avenue Annex No.4) On motion of Councilman Taylor, seconded by Councilman Beebe, the second reading of the following ordinance was waived and the ordi- nance passed by unanimous vote. ORDINANCE NO. 730 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMENDING SECTION 3.00 THEREOF RELATING TO ZONING. Councilman Pritchard commented on the unusual action taken after indicating Rs-4 zoning for that portion of the property generally north of Colgate Way and then reversing its decision at the time of the first reading of the ordinance by zoning it to RS-3. The applicant was not present at the first reading and was under the impression from previous discussion that the property would be Rs-4. He felt that the Council should have delayed the introduc- tion of the ordinance regarding this zoning so that the applicant could have been notified. Discussion followed regarding the Council's action. Mayor pro tempore Miller presided over the discussion of this pro- posed ordinance as Mayor Silva abstained due to owning property (his residence) adjacent to the area under consideration. The Council reviewed previous discussion regarding holding capacity calculations. Councilman Taylor made a motion, seconded by Councilman Miller to waive the second reading of the ordinance zoning that property generally north of Colgate Way to RS-3 with the portion abutting the rear of property facing Colgate Way to be zoned RL-6. Mr. Barker of Associated Professions, representing the applicant, said RS-3 is not necessarily compatible with RL-6. He referred to two other additions in the City which actually were zoned at 4.2 d.u./acre but have actually been built at 3.7 and 3.9 d.u./acre. The holding capacity of the City is a consideration as well as for this area. The applicant considered the Council's action as a breach of faith, and as his agent Mr. Barker stated he had to concur with this feeling. There are 17 units concerned, and it seems inconceivable that a logical and wise zoning decision would be reversed on the basis of some numbers. He asked that the zoning be returned to Rs-4. Councilman Beebe felt that the applicant should have been notified regarding any change in zoning, and Councilman Pritchard said he felt there was a breach of faith. The City Attorney advised that in the event of a tie vote, the property would remain in the previous zoning. Whether or not the rule of necessity would apply so that Mayor Silva could vote would have to be studied further. CM-23-319 November 23, 1970 (Ordinances Rezoning Portola Ave. Annex No.4) In regard to compatibility, Councilman Taylor felt the RS-3 zoning was compatible; Rs-4 is usually given to high density residential. Mr. Musso felt the reason for the change in vote was strictly on the question of compatibility. The motion to waive the second reading of the ordinance resulted in a tied vote: AYES: Councilmen Taylor and Miller NOES: Councilmen Pritchard and Beebe ABSTAIN: Mayor Silva Councilman Pritchard made a motion to waive the first reading of the proposed ordinance zoning the area generally north of Colgate Way as Rs-4 and RL-6, seconded by Councilman Beebe and the follow- ing vote resulted: AYES: Councilmen Pritchard and Beebe NOES: Councilmen Taylor and Miller ABSTAIN: Mayor Silva The motion failed to pass, and the matter was referred to the City Attorney for a recommendation concerning Mayor Silva's ability to vote due to the rule of necessity to break the tie. MATTERS INITIATED BY STAFF (Park Dedication Suit) (Municipal Court) (Metropolitan Transportat~on Commission) * * * The City Attorney informed the Council that an appeal has been filed by Walnut Creek in the recent case of the Associated Home Builders vs. Walnut Creek. A brief has been written on the behalf' of forty-five cities and counties urging the Supreme Court to hear this case regarding park dedication. * * * Judge Joseph Schenone is to be sworn in as the first judge of the new Municipal District on December 1 and the members of the Council have been asked to attend. * * * The City Manager mentioned the Metropolitan Transpor- tation Commission, which is about to be formed. The Mayor, representing the City, will be called upon to voice his views at the Mayors' Conference on December 2. It will be a 19 member commission to be divided between the present constitution of BART plus two other counties; there are five counties which can appoint two members each; the other four counties can appoint one each; and there will be members from other agencies also. It is hoped that someone from the Valley area can be appointed to this Commission. The City Manager stressed the importance of this Commission to the City of Livermore and Mayor Silva stated that in the executive session following the meeting the Council should consider naming someone to be considered for this appointment. MATTERS INITIATED BY COUNCIL (Density re General Plan) CM-23-320 * * * Councilman Beebe requested that when a land use plan comes from the Planning Commission the staff should include the density per acre and/or holding capacity of the General Plan in their report. * * * November 23, 1970 Councilman Taylor spoke regarding the Regional Water Quality Control Board's consideration of the VCSD sewage plant expansion and the raising of their standards which involves additional costs. He felt the same standards will be applied to our City and will affect our expansion plans, and questioned if the sewer connection fee will cover this cost. The staff was requested to include this possibility in their calculations and to report to the Council their findings. (Sewer Plant Expansion * * * Councilman Pritchard asked what procedure should (Leaf Pickup) be followed regarding the pickup of leaves. The City Manager said the practice was to pick up those leaves in the street as the streets should be kept clean. * * * Councilman Miller felt that the Assessor's Office should be contacted in regard to reevaluating the property around the airport as he felt it was not assessed at an equitable amount. (Assessment Practices) * * * Councilman Miller recalled to the Council that several weeks ago he had brought up the matter of trees which were cut down at offices being constructed by William Struthers. Mr. Lee said he would have the figures ready for presentation at the next meeting regarding replacement costs. (Replacement of Trees) * * * There being no further business to come before ADJOURNMENT the Council, the meeting was adjourned at 12:45 a.m. to an executive session to consider appoint- ments to the Airport Advisory Committee, the Library Board and the Welfare Task Force. * * * APPROVE ~ Mayor 0dL ity Clerk rmore, California ATTEST * * * CM-23-321 Regular Meeting of December 7, 1970 A regular meeting of the City Council was held on December 7, 1970, in the Justice Court Chambers, 39 South Livermore Avenue. The meet- ing was called to order at 8:08 p.m. with Mayor Silva presiding. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OPEN FORUM PUBLIC HEARING RE VACATION OF ROSLYN WAY * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ABSENT: None * * * Boy Scout Troop 999 was present at the meeting, and the Senior Patrol Leader Kurt Wood led the members of the Council and those in attendance in the Pledge of Allegiance. * * * The minutes of the Council meeting of November 23, 1970, were approved as submitted on motion of Coun- cilman Miller, seconded by Councilman Pritchard, by unanimous vote. * * * Mayor Silva invited any member of the audience to address the Council on any subject not on the agenda, but there were no comments voiced. * * * The Mayor opened the public hearing regarding the vacation of Roslyn Way, which is a stub street filed with Tract 2924, due to a change in development plans for the area. There being no c~ents from the audi- ence, a motion made by Councilman Pritchard, seconded by Councilman Miller, to close the public hearing, was approved unanimously. Councilman Miller commented that as a part of the Planned Unit De- velopment it was agreed that abandonment of this street would be for open space, and would not be included in calculation of density. He felt this condition should be a part of this vacation agreement. The Planning Director advised this street area was about 20' x 60', and as the area involved was insignificant the Council did not add this condition. The resolution of abandonment is included under the Consent Calendar. PUBLIC HEARING RE REZONING OF SCHOOL AND PARK SITES * * * The proposed rezoning of several school and park sites is as follows: Holm Well Site and adjacent dedicated park land in Tract 3129 from U (Unclassified) and A-20 (Agricul- tural) Districts to E (Education and Institutions) District. Emma C. Smith School Site from A-20 (Agricultural) to E (Education and Institutions) District. William Mendenhall School Site from RL-6 (Low Density Residential) District to E (Education and Institutions) District. El Padro Park Site from RL-6 (Low Density Residential) District to E (Education and Institutions) District CM-23-322 Mayor Silva opened the public hearing, but as there were no comments a motion was made by Councilman Beebe, seconded by Councilman Taylor, to close the public hearing which was approved unanimously. December 7, 1970 (Public Hearing School and Park Sites) The staff was directed to prepare the ordinance for these rezonings for consideration and vote at the next meeting. * * * CONSENT CALENDAR Notification has been received from the Alameda Zone 7, Project 2 County Flood Control and Water Conservation Dis- trict, Zone 7, regarding the Board of Directors' meeting on December 9 to receive statements from all persons de- siring to do so regarding the method of financing for Project 2. This item was removed from the Consent Calendar for discussion later in the meeting. * * * Notification has been received from the Board of Supervisors regarding the City's appeal from the County Planning Commission's action grant- ing a Conditional Use Permit for a wholesale nursery for the cultivation of mushrooms at 2963 Rodeo Lane (Holland-Hilke). A hearing before the Board is to be held on Tuesday, December 15, 1970, at 10:30 a.m. City's Appeal re Granting of CUP by County Planning Comm (2963 Rodeo Lane) Councilman Miller felt that someone from the City Staff should be in attendance at the meeting. Councilman Pritchard stated he understood that the sale of the property was being withdrawn. * * * A report was submitted by the City Attorney re- garding a review of claims filed against the City. The following resolution authorizes the City Attorney to review written claims against the City. RESOLUTION NO. 147-70 Review of Claims Filed Against City A RESOLUTION AUTHORIZING CITY ATTORNEY TO REVIEW WRITTEN CLAIMS AGAINST THE CITY AND GIVE NOTICE OF INSUFFICIENCIES, IF ANY, THEREIN AND INSTRUCT- ING THE CITY CLERK TO GIVE NOTICE OF REJECTION OF CLAIMS IN WHOLE OR IN PART AS PRESCRIBED BY SECTION 913 OF THE GOVERNMENT CODE. * * * The developer, H. C. Elliott, Inc., has request- ed a refund of park fees paid for Tracts 3206, 3031 and 2915. A report was made by the City Attorney in this regard. It is recommended that a motion denying the refund be adopted. * * * A report from the Public Works Director regard- ing the approval of a street tree precise plan for the City was submitted. Report re Park Fee Protest Payment (H.C.Elliott,Inc.) Report re Street Tree Plan Councilman Miller stated he did not recall discussion re the assign- ing of specific streci trees to be planted, and felt this matter should be discussed by the Beautification Committee as to concept. CM-23-323 December 7, 1970 (street Trees) The Public Works Director stated this plan was worked out to provide consistency in appearance, color and size of trees planted; the trees planted along the streets should be limited to certain varieties. The Council discussed whether homeowners should be allowed to choose which variety of tree to plant or whether a specific variety should be assigned to certain areas. It was the decision of the Council to request the Beautification Committee to consider this plan for report to the Council, and the item was removed from the Consent Calendar for action. * * * Abandonment of Roslyn Way RESOLUTION NO. 148-70 A RESOLUTION ORDERING THE CLOSING UP AND ABANDONING OF A PORTION OF ROSLYN WAY IN THE CITY OF LIVERMORE, AS SAID PORTION IS DESCRIBED IN RESOLUTION NO.142-70, PASSED AND ADOPTED ON NOVEMBER 2, 1970, BY THE CITY COUNCIL OF THE CITY OF LIVERMORE. * * * Acceptance of Bonds and Approval of Map-Tract 3222 (Christopher Land Co.) Tract 3222 is the final tract in the original Tentative Map 3064, and contains 167 lots. The following resolutions were adopted authorizing execution of an agreement and acceptance of bonds and approving the map of Tract 3222. RESOLUTION NO. 149-70 RESOLUTION ACCEPTING AGREEMENT AND BONDS FOR IMPROVEMENTS TO TRACT 3222 RESOLUTION NO. 150-70 RESOLUTION APPROVING MAP OF THE SUBDIVISION OF TRACT 3222 * * * MINUTES (Various) Minutes were received and acknowledged from the following: Beautification Committee - September 17, October 1, October 15 and November 5, 1970 Housing Authority - October 20, 1970 * * * Exempt Business Licenses Exempt business licenses and/or solicitor's permit applications were received from the following: Livermore High School Future Farmers of America - sale of gift packs during December Lariettes, Inc. - dance Boy Scouts - Troop 969 - sale of mistletoe during December * * * CM-23-324 December 7, 1970 Ninety-five claims in the amount of $87,736.05 Payroll and Claims and two hundred twenty-seven payroll warrants in the amount of $78,532.22, dated December 2, 1970 were presented and ordered paid as approved by the City Manager. * * * 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 two items as indicated. Approval of Consent Calendar * * * The City Manager reported that a petition had been filed by a number of merchants in the cen- tral business district complaining about the off-street parking practices and several courses of action had been suggested. Mr. Lee Gillette, of Lee Jewelers, 2187 First street, addressing the Council, submitted an additional list of 19 names to be added to the petition previously presented. He stated that the petition- ers were in agreement with him about the congested conditions of the off-street parking lots and the parking along First street and the lateral streets, which they felt were not adequately patrolled until the past thirty days. The merchants feel they are being treated unfairly because the lot paid for by their assessment dis- trict is being filled by municipal court employees, area recrea- tion employees, persons involved in City businesses, and persons involved in court cases including defendant, witnesses and jury personnel. Mr. Gillette further stated that since the parking facilities on street and parking lot are paid for by merchants and they are being utilized by persons other than those patronizing their shops, they recommend that the assessment district be dis- solved or the City provide additional parking for all persons con- cerned within the aforementioned groups; provide additional help for the Police Department so that they can enforce the parking regulations; provide additional parking on the block presently occupied by Carnegie Park; revise the parking assessment district to provide an equitable allocation of assessments based upon the use of this lot and, therefore, include people not included in the assessment district. If the conditions cannot be considered, the persons in the district feel that they should discontinue payment in the facility as it now exists, and asked why should private merchants support a facility totally used by public bodies. REPORT RE CENTRAL BUSINESS DISTRICT PARKING Mr. Gillette felt that if the streets were adequately patrolled, there would not be too much of a problem. Also he presented pic- tures - one taken of the lot on November 11th, which was a holiday, and in contra~t oretaken the next working day. It was felt that most of the spaces in the lot were taken by people involved in court cases and wondered if the court being made a municipal court would not compound the situation. He suggested that perhaps the court should make arrangements for more spaces. The Council discussed the problem presented by Mr. Gillette, and the solutions suggested, and Mayor Silva felt they should instruct the staff to investigate the possibility of forming a district on the south side of First Street. Councilman Taylor commented that the use of Carnegie Park land for parking would be rejected by the people in Livermore, and the Council concurred. Councilman Pritchard also suggested that the Municipal Court be included in the district, and the staff will investigate this possibility. * * * CM-23-325 December 7, 1970 REPORT RE LIVERMORE VAL~Y TRANSIT BOARD (Bus Study) Councilman Taylor had suggested that the report from the Livermore Valley Transit Board re the consultant bus study be scheduled for discussion because four different systems were presented in the survey and the annual deficit ranged from $2 million to $400,000 to run a bus system in the Valley depending upon which level of service was chosen. He stated that it would be very hard to really expect a self-supporting bus system, and felt the opportunity for a self-supporting system was grim, and the people should have a chance to vote on it or decide if a subsi- dized bus system would be desirable some day. Mr. Parness explained that they had asked BART's assistance in a feeder line service and in connection with that had asked them to consider coupling that system with a local bus route system, and that is what the consultant is working on and the final report will be available in March. Judy Weiss, 6852 Mines Road, spoke concerning the bus study in that it was not offered in terms of the City's need but that of the Valley. She stated she was hopeful of offering some type of busing service in Livermore, and asked the Council for some suggestions along this line. She felt there was a need for some type of bus service util- izing mini buses, station wagons or other small vehicles and she would be interested in working out such service as a private enter- prise. Councilman Miller said a public transportation system would cost the people money but there were social and other benefits to be gained. An effective system, for instance to the Radiation Laboratory, would cut down on the smog production, and lower income residents and re- sidents such as those in Springtown would also benefit. Mr. Parness stated he had discussed this with Mrs. Weiss and asked her to contact the PUC and the Police Department regarding regula- tions for public transportation services. Councilman Taylor told Mrs. Weiss that he did not feel the City was ready to spend City money to organize a bus system or to purchase a bus for this service at this time, but they would be open to a fran- chise type of operation. The Council pointed out much more information would be available in March when the consultant's report is finalized. * * * REQUEST TO APPEAR BEFORE COUNCIL (James Viso) A public hearing was held on November 23 regarding Mr. James Visors application for rezoning. At the close of the hearing the Council concurred with the Planning Commission's recommendation for denial; Mr. Viso was not present at this hearing. A request has now been received from Mr. Viso asking for the opportunity to appear before the Council in regard to this matter as he states he did not receive the agenda notify- ing him that this item was to be heard until the day after the meet- ing. A report from the City Clerk indicates that he was notified earlier that the hearing would be on this date. After discussing the matter the Council requested that Mr. Viso be informed that if he wished to make an oral or further written presentation with regard to his application for rezoning, they would be glad to listen to it. However, they wished to make it clear that this should not be interpreted to reopen the public hearing. * * * CM-23-326 December 7, 1970 A Conditional Use Permit application has been submitted by Terrible Herbst Oil Company to allow a freestanding ground sign at 1309 Portola Avenue. CUP TO ALLOW FREESTANDING SIGN (Terrible Herbst Oil Co.) The Planning Director explained that this is an application for a non-conforming use at a former Shell location. The property is zoned RM, and the station would be allowed 16 sq. ft., but the question is whether it can be freestanding. The proposed sign would give the name of the company and include the price signing. The Planning Commission recommends approval with the design to be approved by the Design Review Board or Mr. Musso and that there be a planter at the base of the sign; the sign would have an 8-foot height and 15 sq. ft. area. Mr. Musso also explained the signing which has been allowed at other stations. Councilman Miller stated the major intent when the ordinance was drawn up by the Planning Commission was to eliminate freestanding signs. The only justification for a freestanding sign is lack of visibility of the sign on the building. Councilman Pritchard felt the proposed sign was clearly ~~.~ sign, and allowance of this sign would set precedence for allowinU such signsJin the JjdowntQwn area., 11j'..#--/l/! J! ~w-e:tt'- b't.42<!A-u-L- k~r ,~~l.f~R: . Councilman Taylor stated the general p~blic desire is to see the price at a gas station before they drive in and price signs would have to be allowed some way or other. The City Attorney informed the Council that the Attorney General has ruled that a gas station dispensing gasoline where trading stamps are given must display the price of the commodity openly and in full view. Councilman Beebe pointed out there are other ways of displaying the price without having a freestanding sign. Councilman Miller made a motion, seconded by Councilman Pritchard, to deny the CUP application to allow a freestanding sign at 1309 Portola Avenue. The motion was passed unanimously based on the fact there is adequate signing allowable. * * * The Planning Director stated the General Plan and the Civic Center plan prepared by Ribera & Sue indicated a higher density residential strip along South Livermore Avenue. The area imme- diately westerly and south of the proposed Civic Center has been proposed for multiple type resi- dential development, possibly a commercial office or expansion of the Civic Center. The Planning Commission felt commitment at this time for a specific use would be, in effect, prezoning and felt the applicant should annex to the City, or else file with the County for a recommendation from the City; therefore they made no recommendation. REQUEST TO EXPAND EXISTING MOBILE HOME PARK (1348 So. Livermore Ave.) After discussing the matter the Council directed the staff to send a letter to the applicant stating the uses indicated for this area by the General Plan and indicating the Council's con- currence with the General r~~~ If the area is annexed, the Ci ty might conside~A improv~:rthe existing use. W:U()~Cfli.!k.1J, ~wr * 'kd-vt~~~~f r CM-23-327 December 7, 1970 REZONING SW SIDE PORTOLA AVENUE, NW OF MURRIETA BLVD (Black,Hansen & Smallcomb) PROPOSED ZONING ORDINANCE RE PARKING AND STORAGE OF TRAILERS A public hearing on the application of Black, Hansen, and Smallcomb to rezone from RG-16 to ID District a site on the southwest side of Portola Avenue, 800 feet northwest of Murrieta Blvd. was set for January 4, 1971. * * * A public hearing on the proposed Zoning Ordinance amendments relating to parking-storage of trailers was set for either January 4 or 11. It was suggested that an alternate meeting place be available in the event the attendance was too large for the Court Chambers. In this connection the City Attorney was requested to explore the possibility of including a preference vote or referendum on the School Board election ballot. RECESS OFF-STREET PARKING PROPOSED ORDINANCE * * * AFTER A BRIEF RECESS THE MEETING RESUMED WITH ALL MEMBERS PRESENT. * * * Off-street parking lots and related matters were re- ferred back to the Planning Commission on September 8, with a request that an ordinance be prepared. The Planning Director pointed out that as a result of the LDC proposal a review was made of the off- street parking ordinance. The most significant change proposed is in the commercial area with a 3-1 ratio in the neighborhood com- mercial area; 1-1 in the CB District; 3-1 for 1st floor and 1-1 for subsequent floor area in the General Commercial Zone. In general, the ordinance has been clarified and updated. Mr. Musso explained parking requirements in the RG and RM zones and the reason for the difference in requirements, and also that addition- al parking was not required for CB zones as there is not much land to be developed in this zone. Councilman Beebe questioned the parking situation at the "p" Street shopping center. Mr. Musso said he had written each of the tenants in an attempt to have their employees park in the rear, but many have refused. There have been many complaints about this situation. At the time the center was planned it was suggested they use diago- nal parking. The new Value Giant was another problem; they had tried to work out better parking but had to use the perpendicular parking as too many spaces are lost with diagonal parking. Mayor Silva stated he would like to have the members of the Council indicate the changes they wished to have made at this time, and then anyone in the audience could speak on the matter after which time, perhaps, the ordinance could be introduced. Councilman Beebe mentioned that he had suggested that one-half space be required to be set aside for trailers or boats, and the Council agreed that under cluster dwellings there should be a change to indicate a storage area which should be surfaced and screened. Councilman Miller brought up the close to perpendicular spaces that the architects recommend 10 ft. in width and the Planning Commission has recommended 9~ ft., and felt we should have 10 ft. Councilman Taylor stated that with regard to the parking lot layout standards he would like assurance from the staff that the public would not complain bitterly about them, and Mr. Musso stated he could not guarantee they would not complain, but that the standards will be improved. CM-23-328 December 7, 1970 Councilman Pritchard mentioned that the Chamber of Commerce had requested that redwood header boards be specifically stated in the item on landscaping rather than equivalent, however after discussion regarding thi~ the Council felt this could included under the word "equivalent", and made no change. (Off-street Parking Ordinance) be Councilman Pritchard also suggested that a five (5) gallon rather than a fifteen (15) gallon tree be required in parking lots. The Council discussed this in some detail inasmuch as Councilman Prit- chard felt that it would not take too long for a five gallon size tree to grow into a fifteen gallon size. Mr. Lee suggested that the caliper (the size of the trunk) could be stated rather than the can size if they wished a certain size tree. Mr. Musso sug- gested that perhaps the ordinance could be changed to indicate a l-inch caliper,S gallon can, 6 ft. height or equivalent, de- pending on the type of tree. The Council agreed that they wanted a fairly good size tree, and the staff was instructed to come up with the proper wording for that section. Randall Schlientz, Chairman Parking Ordinance Review Committee of the Chamber of Commerce, stated that one of the points they had brought up in their letter to the City Council were the standards adopted by the Planning Commission. He presented the Council with a copy of the Architectural Graphic Standards pub- lished in June 1970, showing diagrams and listings of recommended minimums and preferable dimensions for various parking patterns. Mr. Schlientz spoke of the 900 parking which called for 8 ft. 6 in. minimum with a 9 ft. preferable width and 19 ft. depth, and said some parking lots have provided larger stalls, but at the option of the developer. There are parking lots in town in which the number of parking stalls would be significantly reduced if the original suggested standards were adopted, and he was concerned that they would be eliminating many parking spaces by forcing people to use diagonal parking in lots that are not suitable for that type of parking. Also, he was confused about the town, patio and row house parking requirements of the proposed ordinance, and asked for clarification as it was his understanding from the discussion that a parking lot must be dedicated to the City, and that a private parking lot cannot be provided on private property. It was explained that if there are private internal streets, there could be a private parking lot. If the parking lots are conti- guous with and adjacent to and actually part of public streets, they should be dedicated as part of the public street, but it does not preclude a townhouse development with internal parking lots. Mr. Schlientz stated the other point he would like to make was with regard to rest homes and sanitariums as they had recommended one space for each four beds, which is rather on the high side of the average required by other cities, and in checking conval- escent hospitals, particularly, had found the parking lots are not utilized to a great extent. The Council discussed parking lot requirements at existing and planned convalescent homes in the City. The Planning Commission recommends a 3-1 ratio in the proposed ordinance. Mr. Schlientz also referred to the requirements for multiples; The Chamber recommends keeping the current standard of 1-1/2 spaces per unit in RG and 1-1/3 spaces in RM. The Planning Com- mission agreed to wait until the staff report was presented to determine what the use of the existing lots are; therefore, the present standards were adequate. Councilman Miller felt the standards must be upgraded to provide more parking space for the increasing number of recreational ve- hicles and cars in apartment units. CM-23-329 December 7, 1970 (Off-Street Parking Ordinance) Councilman Taylor said that much of the on-street parking in front of apartments is being eliminated and more off-street parking will need to be pro- vided in the future. The Council discussed Mr. Schlientz's comments that storage space could be graveled rather than paved, and agreed that the storage space should be either paved or surfaced in a manner approved by the City. Mr. Musso said it is proposed that the parking requirements be increased in the RG zone by 1/2 space to a 2-1 ratio. The Council agreed that the need for the additional parking would increase in the future, but did not wish to delete from the landscaped area any space for parking not needed at the present. It was suggested by Mayor Silva that perhaps 1/2 space per unit could be landscaped now, but reserved for future parking use. The City Attorney said it could be required but did not know how it could be enforced. After further discussion the Council agreed on a compromise of 1-3/4 spaces per unit. Mr. Musso stated that present requirement for rest homes and con- valescent hospitals is one space for every two beds, and additional parking for the employees has been eliminated. The Council decided that this requirement could be reduced to 1 space for each 3.5 beds. The Council then discussed the width requirements for stalls for various parking patterns. Councilman Miller proposed that the standards shown in the draft of the proposed ordinance be changed as follows: 450 - 8~', 500 - 8~', 606 - 9~f, 700 - 9~', 800 - 10', and 900 - 10' as he felt the standards should be more than the minimum requirement. Councilman Taylor felt the recommendation of the Planning Commission should be accepted which was a requirement of 8~f stalls for 450 and 500 angles and 9~' for 600 to 900 angles, and the majority of the Council agreed to this recommendation. Mayor Silva questioned why pedestrian walkways were not required, and felt these should be included in major centers. Councilman Taylor made a motion directing that an ordinance be prepared, including the items discussed and agreed upon by the Council during the discussion; the motion was seconded by Coun- cilman Beebe and approved unanimously. * * * MINUTES OF PLANNING COM- MISSION The minutes of the Planning Commission meeting of October 20, November 3 and 17, 1970, and summary of action taken at the meeting of December 1, 1970, were acknowledged by the Council. * * * Mayor pro tempore Miller presided during the discus- RE sion of the proposed ordinance regarding zoning of that portion of Portola Avenue Annex No. 4 generally north of Colgate Way. At the previous meeting the motion to waive the second reading of the ordinance zoning this area as RS-3 and RL-6 had resulted in a tie vote with Mayor Silva abstaining. Also a motion to waive the first reading of the proposed ordinance, zon- ing the area as Rs-4 and RL-6 failed to pass due to a tie vote, with Mayor Silva abstaining. PROPOSED ORDINANCE ZONING PORTOLA AVE. ANNEX NO. 4 Councilman Pritchard stated he still felt strongly that the area should be zoned Rs-4 in accordance with the first decision when the applicant was present. Councilman Beebe also felt that they should not have changed the zoning after the applicant was informed it would be Rs-4 and without a further opportunity to speak in regard to the RS-3 zoning action. CM-23-330 Mayor pro tempore Miller stated the change in the zoning to RS-3 from Rs-4 was based on hold- ing capacity aspects and compatibility of the area to adjacent property. December 7, 1970 (Proposed Ordinance- Portola Avenue Annex No.4) After further discussion, Councilman Taylor made a motion, seconded by Councilman Pritchard, to waive the first reading of the ordi- nance (title read only) zoning the area generally north of Colgate Way as Rs-4 and RL-6 and by the following vote the ordinance was introduced: AYES: Councilmen Beebe, Taylor, and Pritchard NOES: Councilman Miller ABSTAIN: Mayor Silva * * * This item was removed from the Consent Calendar for discussion. ZONE 7, PROJECT 2 BOARD OF DIRECTORS MEETING Mayor Silva stated he understood the Public Works Director planned to attend the meeting on December 9, 1970, and advised that the Chairman of the Zone No. 7 Board of Directors had requested that the Council be represented at the meeting. Inasmuch as he was unable to attend himself, he asked that one of the Councilmen attend, and Councilman Taylor said he would like to attend if possible. Mayor Silva requested that Councilman Taylor inform the Board that the Council had sup- ported the ballot issue, but that he was attending at the request of the Council to hear alternate proposals; if no feasible alter- nate proposal is made which the Council could support, the Coun- cil would back Project 2 or a similar project. Councilman Miller stated he would attend the meeting, but he ~.' . speak;1a~~R.:-sJt- J this i.ssue. ./J;1I '. ~-c U' ~ . t!e14-c.Qe.JI:., * 0 * * The City Manager inquired as to when the next discussion regarding the Capital Improvement meeting would be held. The Council decided to hold it from IO:OO to 11:00 p.m. at the regu- lar meeting on December 14. * * * Councilman Taylor mentioned Senate Bill 395 by Senator Larry Walsh which requires legislative bodies to make the finding, when approving a subdivision map, that the subdivision is not premature. MATTERS INITIATED BY STAFF (Capital Improvement BUdget) MATTERS INITIATED BY COUNCIL (SB 395) The City Attorney stated this bill is presently in front of the joint committees; there are thirty-three witnesses scheduled and it seems to be bitterly contested. It requires a legislative body of a city or county to not approve a subdivision unless they can prove three findings: 1) the subdivision is economically feasible; 2) it conforms to the planned transportation and utility develop- ments in the area; 3) it is in the public interest that the sub- division is necessary at present, or will be in the next three years, and such lands are not being subdivided prematurely nor are being subdivided without due regard to open space or recrea- tion lands. For a subdivision to be economically feasible, it should be determined that at least one-half of the lots will be developed with structures within five years. The bill will have real value to communities such as Livermore. CM-23-331 December 7, 1970 (SB 395) (League of California Cities) (Library Hours) (Business Licenses) (Non-return- able bottles) A motion was made by Councilman Taylor, seconded by Councilman Miller, to send a telegram to Sen- ator Walsh supporting SB 395 based on preliminary study. The motion was approved unanimously. * * * Councilman Miller stated that in response to a request from the League of California Cities con- cerning appointments to committees he would be interested in serving on the Community Develop- ment Committee. The staff was directed to trans- mit Councilman Miller's name to the proper parties. * * * Councilman Miller pointed out that the library was closed for four days, Thursday through Sunday, at Thanksgiving time, and he had received numerous complaints. He felt the Library Board should con- sider expanding their service to Sunday. * * * Councilman Miller stated he had received many com- plaints regarding inequities in business licenses. Enforcement of the present ordinance should be stressed as many evade this fee. The City Attorney explained how such evasions are handled. * * * Councilman Miller stated that previously he had brought up the possibility of banning the sale of non-returnable bottles as several cities have acted upon this idea, including Berkeley. Mr. Lewis advised that he was checking with various cities in this regard and would report to the Council as soon as he has information. The City Manager advised that the recycling program will get underway in January. (Parking Enforcement) ADJOURNMENT CM-23-332 * * * Councilman Miller mentioned one of the automobile dealers who continues to violate on-street parking regulations and felt parking rules should be en- forced and the staff was directed to check into this matter. * * * There being no further business to come before the Council, the meeting was adjourned at 12:15 a.m. to an executive session to discuss litigation and appointme s to v io s committees. APPROVE ATTEST * * * Regular Meeting of December 14, 1970 A regular meeting of the City Council was held on December 14, 1970, in the Municipal Court Chambers, 39 South Liver- more Avenue. The meeting was called to order at 8:05 p.m. with Mayor Silva presiding. * * * PRESENT: Councilmen Beebe, Taylor, Pritchard, Miller and Mayor Silva ROLL CALL ABSENT: None * * * The minutes of the Council meeting of December 7, 1970, were approved as amended on motion of Councilman Beebe, seconded by Councilman Miller, by unanimous vote. APPROVAL OF MINUTES * * * Mayor Silva invited any member of the audience to address the Council on any subject not on the agenda, but no comments were voiced. OPEN FORUM Councilman Taylor announced that the members of the Civics class at Livermore High School and their instructor Mr. Bras were present at the Council meeting. * * * An application has been submitted by Jerome Fahnhorst for rezoning of the property located at the southeast corner of North 0 and Park Streets from RL-5-0 (Low Density Residential) to RM (Medium Density Residential) District and the Planning Commission initiated expan- sion of the area of consideration to include properties generally bounded by North S Street, Park Street, North L Street and the Western Pacific Railroad right-of-way. PUBLIC HEARING RE REZONING SE CORNER NO. 0 & PARK STREETS (Fahnhorst) The Planning Director pointed out that there are a large number of duplexes to the west of the area of consideration; generally commercial or residential along the south side of Chestnut to L Street; on the north there are single family residences and du- plexes; the area is a transition area between commercial and residential. The Planning Commission enlarged the area of con- sideration for this reason and also the fact that other applica- tions have been made in this area; the Council had previously instructed that the needs for increasing density in this area be studied. In general, the report indicated that if this area on the north side between North Livermore and Rincon Avenue were to increase in density in a manner shown in the General Plan, there would be a need for a park and another elementary school. At the time the report was presented a plan was given showing an elementary school encompassing four blocks and a park site and a cost estimate was made. A restudy was directed, which has been made and indicates that the General Plan density, which is multiple to a point north of Chestnut Street, in this area can be accom- modated by providing school expansion over by Portola Avenue for a K-3 school. Generally, Area 8, 9, IO and 2 have adequate school sites. New multiple in the area would create a need for enlarge- ment of present facilities. The original staff proposal for the area west of Ventura Avenua and El Rancho Drive was to recognize the existing duplexes and change the zoning from RL-5-0 to RM. There was some protest from neighbors, and the Planning Commission recommended no change. In the area including the Shell Oil Co. plant and California Water service facility, it is proposed that CM-23-333 December 14, 1970 (Public Hearing the CO zoning would replace the present RM and CG Fahnhorst) districts. The area south of Chestnut Street be- tween Land P Streets was, in part, considered for neighborhood commercial district and in part for other commercial zoning; the Planning Commission rejected the pro- posal for a neighborhood shopping center designation for Russell Market-Value Giant area and also felt the CG zoning would allow heavier commercial than desired and recommends Central Business District zoning. North of Chestnut Street, the question centered around whether the General Plan extended to Park Street or should be limited to those properties fronting on Chestnut Street. The Planning Commission felt that due to the commercial zoning for pro- perties on the south side of Chestnut Street multiple would be appro- priate to the middle of the block but that multiple zoning was not warranted along P Street frontage or Park Street frontage; higher density should be limited to the block between Park and Chestnut streets. Testimony at the Planning Commission hearing was given by the applicant and residents of EI Rancho Drive protesting change of zoning in that area. One question that arose subsequent to the Planning Commission action was relative to the Western Pacific team track between Land N streets. This track would remain in perpetuity; the only problem which might arise would be the construction of warehousing and such construction would necessitate a Conditional Use Permit. Mr. Musso stated further that on the area on the south side of Park Street the Planning Commission vote was 2-1, and it takes three votes to make a recommendation on a rezoning. Councilman Pritchard questioned why the Planning Commission recom- mended multiple for only half the block; Mr. Musso pointed out that it is normal to change the use in the middle of the block so that commercial is not across from residential or apartments across the street from single family residential. The customary procedure was followed and the multiple zoning was indicated up to the middle of the block. It is better to have multiple or commercial backing residential rather than across from it because of the traffic and parking. Mayor Silva opened the public hearing at this time. W. J. Armstrong, lo617 Altamont Road, stated he was the property owner of 1913 Chestnut Street and requested a continuance in order to be able to contact property owners in the area. Mr. Per Perry, representative of Shell Oil Company, said he was re- ceptive to a continuance until after the first of the year. Mr. Randall Schlientz, Associated Professions, representing the applicant, stated his client would be agreeable to a short con- tinuance. After further discussion the Council agreed to continue the matter until the meeting of January 4, and gave Mr. Perry the opportunity to address the Council as he might not be able to attend the meet- ing of January 4. Mr. Perry stated Shell Oil owns a three-acre parcel at the southwest corner of Olivina and P Street. The portion occupied by the Shell bulk plant is now zoned GC; the balance along P Street and fronting Olivina Avenue is zoned RG. Shell was one of the first national companies to invest in Livermore some 42 years ago; although this parcel was somewhat removed from the downtown area at that time, things have changed and the downtown core has shifted. He did not appear at the Planning Commission hearing as he felt at that time that Shell Oil would benefit greatly from the upgrading in zoning since Shell has been trying to sell its property for some time, and at the present time they have two good prospects to buy and develop the property. Mr. Perry proposed that in consideration of the re- zoning proposal that Shell's property zoning be left as it is now. CM-23-334 Further it was his suggestion that the zoning be left as it is or switch the proposed zonings so that the residential portion abuts the Cal Water property and the GC abuts P Street. December 14, 1970 (Public Hearing Fahnhorst) A motion was made by Councilman Beebe, seconded by Councilman Pritchard, to continue the hearing on this matter until January 4, and the motion was passed unanimously. * * * CONSENT CALENDAR The Chamber of Commerce General Manager request- ed in a written communication that the Chamber be notified whenever there are vacancies on various committees so that they might have the opportunity to submit suggestions for such appointments. Communication re Appointments to Committees Mayor Silva suggested that whenever appointments are to be made, that it be announced at the Council meeting that such appointment will be considered in executive session the following week. This would allow any individual or group to submit names of those who might be interested in serving on various committees. In this regard Mayor Silva announced that one vacancy exists on the Library Board and two on the Youth Committee. * * * A written communication was acknowledged from Lawrence and Nelda Bacon regarding the school situation in relation to growth. * * * Communication re Schools Communication from Zone 7 re Flood Plain Report A communication has been received from Zone 7, Alameda County Flood Control and Water Conser- vation District, regarding a proposed Flood Plain Information Report. Councilman Miller suggested that Zone 7 be requested to include the Arroyo Mocho in this study if it is not already included, and the staff was so instructed. * * * RESOLUTION NO. 151-70 Appointments (Airport Comm., Mosquito Abatement, Community Affairs) APPOINTMENT OF TWO MEMBERS TO THE AIRPORT ADVISORY COMMITTEE (Wm. B. Bennett and John Kerekes) RESOLUTION NO. 152-70 REAPPOINTMENT OF TRUSTEE TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT (Wm. A. Jenkins) RESOLUTION NO. 153-70 A RESOLUTION APPOINTING MEMBERS OF THE COMMUNITY AFFAIRS COMMITTEE. * * * CM-23-335 December 14, 1970 Exempt Business Licenses Approval of Consent Calendar REPORT RE PETITION RE SUNKEN GARDEN GRADING An application for an exempt business and/or solici- tor's permit has been made by the Glad Tidings Church of God in Christ for money solicitation during December. It is recommended that this permit be denied as the activities and beneficiaries of this organization are outside the City of Livermore. * * * On motion of Councilman Taylor, seconded by Councilman Miller, the Consent Calendar was approved by unani- mous vote. * * * A report was submitted by the City Manager regarding the petition filed by Mrs. Margo Kirkewoog, contain- ing approximately 750 names, opposing the tree removal during the grading of the sunken garden community park area. The staff has met and discussed this matter in detail with Mrs. Kirkewoog who has suggested that a modification be made to the grading plan so that at least a part of the stand may be retained. It is recommended that a motion be adopted instructing the staff to consult with the landscape archi- tect on the grading plan regarding a revision so that a portion of these trees can be retained. The Council expressed the hope that all the trees could be saved. A motion was made by Councilman Taylor, seconded by Councilman Miller, to adopt the recommendation, and the motion was passed unanimously. REQUEST FOR CUP TO ALLOW FREESTANDING PRICE SIGNS (Shell Oil) * * * A request for Conditional Use Permits to allow free- standing price signs at 1737 First Street and 318 So. Livermore Avenue has been made by Shell Oil Company. The Planning Director stated that the issue is not whether a price sign is allowed; price signs are allowed for automobile service stations; the main consideration is whether freestanding signs should be allowed. The- ordinance allows approval of a freestanding sign if findings are made that without the freestanding sign the station would be unable to advertise visually. The issue in this case is not identifying the business as both stations presently have a freestanding sign. Shell's desire is to establish the price; this sign could go on the building and the Planning Commission recommended denial. Councilman Miller asked Mr. Musso if these price signs were erected illegally. Mr. Musso stated there were price signs already erected which would have been phased out at such time as the City notified the company that they were to be abated. The signs under consider- ation are replacements of semi-temporary price signs with new per- manent structures. Shell did not have a sign permit or approval for replacement. Councilman Taylor asked what kind of price sign would be legal and Mr. Musso said the same sign would be legal located against the building and he also stated the same sign was approved for the sta- tion at Portola Avenue and Murrieta Blvd. in lieu of the fin signs. Councilman Taylor pointed out that a similar sign was denied last week; he felt if a price sign on the building could serve the pur- pose of stating the price to the public effectively he felt this would be better; but elimination of price signs might eliminate com- petition. He had reservations about denying the price signs, but felt the Council had established a policy. Councilman Taylor asked the staff for an interpretation of a ruling that the price must be prominently displayed. CM-23-336 I December 14, 1970 The City Attorney advised that he felt the opin- (CUP-Freestanding ion of the Attorney General meant that if the Sign - Shell Oil) price is displayed on the pump in sufficient size so that the public is aware of the price, this would be satisfactory. This is in connection with the sale of the product where trading stamps are given for the sale. In applying the ruling, much would depend on how and in what manner the stamp sign is displayed; the giving of stamps can be considered a valid part of business and problems could arise if the City re- stricted that form of business. Councilman Pritchard made a motion to accept the Planning Commis- sion's recommendation to deny the freestanding signs at 1737 First Street and 318 South Livermore Avenue. The motion was seconded by Councilman Miller. Mr. Per Perry, representing Shell Oil Company, reported that he has the responsibility in respect to real estate matters and appli- cations for permits, and seeing that Shell's operations within the City are in accord with various permits. Mr. Wong, as associate, had appeared before the Planning Commission on this matter. Mr. Perry referred to a subsequent newspaper article stating that, "Shell had taken the law into their own hands", and had implied that Shell deliberately erected price signs in violation of the sign or- dinance, and said they had not done so deliberately. Shell had instituted a new program a few months ago and redesigned their signs nation-wide to be more subdued in color and design. These newly designed signs had been erected in replacement of existing signs at these stations without prior notiflcation from the company. He said that the former signs were at the station on May 1, and to his knowledge they had not received notification of violation and request for abatement of these signs. Mr. Perry said that on his way into the City to attend the meeting he had noticed several prominently displayed freestanding signs at Shell and competitor's stations. He cited several instances where, due to ordinances calling for abatement of price signs as in Fremont, individual station owners had suffered a large loss in business attributable to elimination of such signs. He concluded that Shell had only intended to replace an existing sign with a more pleasing and aesthetic sign. Mayor Silva pointed out that the issue before the Council is not price signs but freestanding signs; price signs are allowed in the City but not freestanding ones. There is an abatement program in progress which is being carried out by class desig- nations. All non-conforming signs at service stations will be abated after the first of the year and the stations will be notified shortly. First notification was given two years ago. Councilman Miller felt an illegal sign should not be allowed but that a price sign in conformance with the ordinance should be put on the building. Shell is aware of the fact that permits are needed to erect signs and is knowledgeable of correct pro- cedures. The motion for denial was then voted on and passed unanimously. After discussion, the Council directed the staff to take the freestanding sign classification out of phase and to carry out the abatement program within the next month. * * * An application for a Conditional Use Permit to allow a freestanding sign at 2020 Research Drive has been made by Control Data Corporation. The Planning Director explained that this is a sign erected some time ago and approved as a temporary use and then the Planning Commission was instructed REQUEST FOR CUP- FREESTANDING SIGN (Control Data Corp.) CM-23-337 December 14, 1970 (cuP - Sign Control Data) to review the signing in the industrial zone. They recommended that the industrial zone be allowed to have freestanding signs up to 32 sq. ft. with lar- ger signs to be allowed under a CUP, and that where the magnitude of the use warranted a larger sign such could be granted. A request for a variance to permit increase in height was withdrawn by the applicant. The Planning Commission recommends that the additional area not be allowed and the Conditional Use Permit be denied. Mr. Musso explained that up to 32 sq. ft. is allowed with addition- al signing on the building for additional uses within the building. The footage of the freestanding sign now erected is 44 sq. ft. Mayor Silva felt allowance of this CUP would be the same as chang- ing the ordinance. Councilman Miller stated the ordinance has recently been revised to allow a freestanding sign such as this one but only up to 32 sq. ft.; and the applicant was asking for too much signing. Councilman Taylor felt that the sign was too large and could be replaced by smaller ones; the ordinance should be followed. Councilman Beebe felt it should comply with the ordi- nance. A motion was made by Councilman Miller, seconded by Councilman Tay- lor, to adopt the Planning Commission's recommendation for denial of this CUP. Randy Schlientz, Associated Professions, reported that at the time the sign was erected Associated Professions was the one tenant in the building and subleased the second floor from Control Data; Control Data and Associated Professions are the only two allowed signing. The building itself was designed before adoption of the ordinance and was not designed to accommodate signs. Signs on the building would be less attractive than the present signing and difficult because of the design and orientation of the building in relation to the site. Mr. Schlientz pointed out that to make the present sign conforming Associated Professions would have to remove its part of the sign and put a sign on the building; they would rather have the freestanding sign. Roger Markham of Control Data said this was his first trip to the Livermore office and without the freestanding sign he would have had difficulty in locating the building. Identification is needed and they could not reduce their signing, but they did wish to satisfy their tenant's needs for a sign and a sign on the building would not be readily seen. They did have a large business in this area with a large payroll and the magnitude of the business did warrant .a larger sign. The motion to deny the CUP was passed unanimously. * * * COUNTY REFERRAL RE CUP TO ALLOW PRIVATE CLUB (Arroyo Rd.) An application to allow erection of a swim and tennis club (private) on the east side of Arroyo Road, south of the intersection of Bess Avenue by a Conditional Use Permit has been referred to the City by the County Planning Canmis sion. The Planning Director stated that the proposal provides for park- ing for 110 cars, a swimming pool, picnic area, clubhouse and tennis courts. Approval is recommended subject to public works improvements with an additional condition that a ten foot land- scaped strip be installed on the periphery of the property. Mr~ Musso stated that the Health Department would have to approve the swimming pool and decide whether or not sewer connection would be required. CM-23-338 Councilman Pritchard made a motion that the Planning Commission's recommendation be accepted and that approval be recommended to the County Planning Commission, with the condition that sewer connection be made when the existing sewer line is within 600 feet. The motion was seconded by Councilman Taylor and approved unanimously. * * * The minutes of the Planning Commission's meet- ing of December 1 were acknowledged. * * * ORDINANCE NO. 731 AN ORDINANCE AMENDING ORDINANCE NO. 442, AS AMENDED, OF THE CITY OF LIVERMORE BY AMEND- ING SECTION 3.00 THEREOF RELATING TO ZONING. December 14, 1970 (CUP-Private Club, Arroyo Road) MINUTES OF PLANNING COMMISSION ORDINANCE RE ZONING PORTION PORTO LA AVE. ANNEX NO. 4 A motion was made by Councilman Pritchard, seconded by Councilman Beebe, to waive the second reading of the above ordinance, and by the following vote the ordinance was passed. AYES: Councilmen Beebe, Pritchard and Taylor NOES: Councilman Miller ABSTAIN: Mayor Silva * * * On motion of Councilman Miller, seconded by Councilman Beebe, the proposed ordinance zon- ing various school and park sites to E (Educa- tion and Institutions) District was introduced and the first reading (title read only) waived. The motion was passed by unanimous vote. * * * PROPOSED ORDINANCE RE ZONING OF SCHOOL & PARK SITES Councilman Taylor referred to discussion during the budget meetings concerning formation of a City industrial committee, stating he felt now was the time to appoint a five member committee for the purpose of advising the City Council on industrial development. The formation of this committee should not be construed as taking away any of the Chamber's activities in this respect; the Chamber should be represented on the committee in some way. For example, the committee could advise how the City's industrial budget should be expended, but the committee itself would not have a large budget, at least initially. A motion was made by Councilman Taylor that the Council appoint an Industrial Development Committee of five members with the above-mentioned purpose and the motion was seconded by Councilman Pritchard. MATTERS INITIATED BY COUNCIL (Industrilli Advisory Comm.) The Council discussed the makeup and responsibilities of such a committee. It was felt that the committee would possibly include non-Chamber and c~am er members. ~d tUL 'd Councilman Taylor suggested ~o that the committee could advise the Council on ~ matters/~~Uthe epcration of the:a-t-rport and golf course O! LCYvi much money it ',lOuld bo I02;ico.l to .;ivo tho Gh-e:m:bet' fot' 8: eet':ftd:ft j~b. lIc fclt the Council J;lc.<:,cic.cl"-&B-,-.ad-vi-&?fY c.om.mittoo ro~pongiQ1Q 1;:Q it ~-~~<-...~/-x.t.( ~~. '/, ".~-:':~k.J . IT{' P/>kd-C:c:;. ~~ Mayor Silva felt a City advisory committee's work might be t~peti- tious with that done by the Chamber's industrial committee. Coun- cilman Taylor said he assumed the City Manager would work as a staff liaison with the committee. CM-23-339 December 14, 1970 (Industrial Advisory Committee) Councilman Miller asked Councilman Taylor if he felt that the committee would be involved in such matters as industrial zoning around the airport. He replied that he did not think the duties should be defined at this time. Councilman Taylor pointed out that Council is not elected for its specific knowledge of industry, they needed advice from a specialized source. the and Councilman Beebe said he could see the need for such a committee but not as an industrial solicitor. On the other hand, he felt a close tie now existed between the members of the City staff and the Chamber's industrial committee. He felt a City industrial committee should be used for staff recommendations. The City Attorney suggested that it might be well to keep in mind that whenever a City committee or commission is formed, the committee is operating under the Brown Act. The motion for the formation of an Industrial Advisory Board was passed by a unanimous vote. Anyone interested in serving on the committee was requested to con- tact one of the Councilmen or City Hall. * * * (Banning Sale of Detergents) Councilman Pritchard mentioned that several cities in the East and possibly some on the West Coast have banned the sale of detergents because the detergent level of the well water was above normal levels. He thought this was a problem, and requested that the staff look into the possibility of banning the sale of detergents. The Public Works Director stated that it is the phosphates in de- tergents that cause problems, especially where discharge is made into lakes. If the whole country should ban the sale of detergents, there are not enough fats to produce enough soap to replace deter- gents. Not only that, most washing machines and dishwashers in the City of Livermore would not be able to function without detergents. During recent years soap manufacturers have switched to "soft" detergents or those which are biologically degradeable. The industry, if possible, will probably convert to the manufacture of detergents without phosphates. The problem cannot be solved on the local level. The City Manager said that there had been problems with the City's discharge some time ago, and the Council at that time had considered prohibiting the sale of detergents. The treatment process is now within the bounds set up by the Regional Water Quality Control Board of less than one part per million. Mr. Lee further stated that we do not discharge into a body of water and at the present time are not causing any pollution problems due to detergents in the system. Councilman Taylor said the Valley Planning Committee has a sub- committee consisting of some members from Zone 7 and suggested that this committee be requested to look into the matter. The Council agreed that the Valley Planning Committee should be so requested, and if they feel a problem exists the Council will consider further action. * * * (Agenda Packets) Councilman Miller mentioned the distribution of the weekly agenda packets, including one to the Chamber of Commerce and stated he did not feel the cost of sending a complete agenda to a private group such as the Chamber could be justified; if one is sent to the Chamber, then one should be sent to anyone else who requests one. CM-23-340 December 14, 1970 A charge of approximately $5.00 per year is made (Agenda Packets) for just the mailing of the agenda while the Chamber receives the whole packet for no charge. He felt the City should either charge for it or quit sending it. Mayor Silva said that the Chamber does not charge the City for use of its conference room; he felt if the Chamber was willing to do- nate the use of its conference room for City meetings the City should be willing to send them an agenda packet. After discussion of the subject the majority of the Council felt that the Chamber of Commerce should continue receiving the agenda packet so that they can be aware of what is coming before the Coun- oil. Councilman Miller said he felt this was a subsidy to a private group, and he hoped the same offer would be made to the League of Women Voters. Councilman Taylor said that if any large group could demonstrate that they would make use of the packet one would be provided. The City Clerk stated, for the City Council's information, that the agenda packet provided for public use at the library has been used by not more than five people during anyone week. * * * Mayor Silva inquired as to disposition of the proposed trespass ordinance. The City Attorney advised that the matter had been continued pend- ing a decision on the San Rafael ordinance; a memorandum regarding this decision was directed to the Council from Mr. Lewis. Mayor Silva asked if the Chamber had received a copy of the City Attorney's memorandum, and Mr. Lewis said it a part of the November 9 packet, and they should have a copy. (Proposed Ordinance re Trespassing) was In this regard Mayor Silva said he was in a market and observed several teenage boys standing around in the store for several min- utes. He had asked the clerk why he did not ask the boys to leave, but the clerk had said he could not, and added that the same group of boys had been in the store on the previous night. One of the teenage boys in the audience asked Mayor Silva if this was any different from a group of housewives gathering for a con- versation in the store. Mayor Silva said he felt it was since the housewives would probably purchase goods from the store. Councilman Miller said the issue is tied up with constitutional rights and is a difficult one to legislate. * * * There being no further business from the agenda to come before the Council, the meeting was re- cessed at 10:40 p.m., and was called back to order with all present for discussion on the Capital Budget. The Council discussed the items listed for the 1970-71 year, and on motion of Councilman Pritchard, seconded by Councilman Miller, it was approved by unanimous vote. RECESS - CAPITAL BUDGET ADJOURNMENT Further discussion was held on the balance of the proposed budget, however no 0 mal a tio was taken, and the meeting adjourned at 12:15 a.m. 0 an ex cut e ?ession to discuss appointments. APPROVE ATTEST~' CM-23-341 Regular Meeting of December 21, 1970 A regular meeting of the City Council was held on December 21, 1970, 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, Pritchard, Miller and Mayor Silva ABSENT: Councilman Beebe * * * APPROVAL OF MINUTES The minutes of December 14 were approved as amended on motion of Councilman Miller, seconded by Council- man Pritchard, by unanimous vote. * * * OPEN FORUM (Agenda Packet at Library) James L. McElroy, 1345 Wagoner Drive, felt that citi- zens are not always aware that a Council agenda packet is placed for public use in the Library. He requested that these agendas be left in the library as a public file and that other documents such as budgets be placed on file also. The City Clerk pointed out that the past agendas do not necessarily reflect action taken at the Council meetings and that this should be understood by those referring to previous agendas. It was the decision of the Council that this matter be referred to Mr. Nolte for report concerning filing of the agendas at the library for a recommended period of time. * * * (Tax Relief A written communication from Mr. W. J. Pender, or Sweepstakes) 135 El Caminito, regarding a suggestion to ease the tax burden to local citizens through use of a lottery was included on the agenda as an item under the Consent Calendar, but was removed for consideration at this time as Mr. Pender requested the opportunity to speak. Mr. Pender cited the need for tax relief of citizens, especially those groups such as the recently unemployed and older citizens with fixed incomes who are unable to pay taxes. He asked that the Council pass a resolution requesting the State Legislature to give the Council authority or permission to conduct a sweepstakes, or legalize the operation and control of a sweepstakes - 2% of the intake to go to the City Council, 8% to the schools and hospital, 90% to be awarded as prizes. An alternate suggestion was that a questionnaire be submitted to the people asking for "yes" or "no" to the sweepstakes idea. The City Attorney was asked by Councilman Taylor if such lotteries were legal in the State of California. Mr. Lewis said such a lot- tery is specifically prohibited by law at the present time whether conducted by the state, county, city or private citizen or church in the State of California. There are some states which conduct lotteries; this proposition was put before the State Legislation some years ago, and it was quite an issue and the proposition was defeated. If a state lottery were authorized, there could be some method devised whereby the proceeds would be distributed to locali- ties or other legislation could be proposed to ~ive a local option. Mayor Silva felt this could be referred to the League of California Cities as they would have more background. The Council directed Mr. Lewis to contact the League in this regard. Mr. Pender stated there is a difference between a lottery and a sweepstakes, and in contacting others about this proposition a sweepstakes should be stressed rather than lottery. CM-23-342 December 21, 1970 Mel Baker, 907 Miranda Way, stated he had written (Growth Issue) a letter on November 13 to Councilmen Taylor, Pritchard and Beebe, requesting a list of sound arguments to be submitted to the local papers relating to how stopping the growth of Livermore would adversely affect the local citizenry. He felt immediate investigative action is needed on this problem as the quality of our life is being affected adversely by growth. Livermore would not be a better place in which to live by crowding more people into it. Mayor Silva stated he felt this was a democratic form of government where people could choose where they live, and he did not feel he could tell others they could not live in the Valley because he was here first; he felt the problem could not be solved on a local basis. Each issue must be considered as it comes before the Council rather than placing a morawrium on building. Councilman Taylor said the question raised is of primary concern to many citizens. The Valley Planning Committee is the logical agency to look at growth and its effects; in April the Valley Planning Committee will sponsor a Valley-wide symposium on environ- mental problems in the Valley. Councilman Pritchard stated that in reference to Mr. Baker's sug- gestion that a law could be passed to stop growth; it might be that the number of people living here already is too many and half of them might be asked to leave. Laws just to stop growth will not accomplish anything; what we must do is solve the problems con- nected with growth. Councilman Miller said there are problems which come from excessive population - such as those of the schools, threat of water ration- ing, smog - which are serious. Government should not be helpless. Mr. Baker's letter had requested reasoning why stopping growth is adverse. Only local jurisdictions can really do anything about growth; in his opinion, in a democracy or republic the people being governed and the government which governs by their consent should be able to control their own destiny. Their destiny should not be controlled by land speculators or developers, bankers, or population pressure or state government. There should be local control and he felt this should be discussed. Mayor Silva felt the Council should wait until there was a full Council present to see if they wished to include this item for further discussion. Councilman Taylor felt that this issue should not be discussed until a report can be presented on how stopping growth can be effected legally. Until such methods are determined, discussion by the Council cannot result in effective action. The Council discussed whether they could accomplish anything by discussing this issue at length and the City Attorney was requested to report on the legal ramifications of stopping growth within a City's jurisdiction. After this report is received, if any Coun- cilman wishes to debate the issue further, he may do so. * * * CONSENT CALENDAR The letter from W. J. Pender regarding easing the tax burden was discussed as an item under the open forum. Written Communicatio! re Taxes * * * CM-23-343 December 21, 1970 Departmental Reports Minutes Payroll and Claims Appointment to Welfare Task Force Committee Approval of Consent Calendar REPORT RE PROPOSED SANITARY LAND FILL AT TERMINUS CROAK RD. Departmental reports were acknowledged from the following: Airport - activity and financial - November Building Department activity - November Fire Department - November Golf Course - November Justice Court - October and November Police and Pound - November Water Reclamation Plant - November * * * The Housing Authority minutes for the meeting of November 24, 1970 were acknowledged. * * * One hundred eleven claims in the amount of $77,090.17 and two hundred fifty-nine payroll warrants in the amount of $78,203.49, dated December IS, 1970, were ordered paid as approved by the City Manager. Mayor Silva abstained from voting on Warrant No. 9227 for the usual reason. * * * RESOLUTION NO. lS4-70 A RESOLUTION APPOINTING LIVERMORE MEMBER TO WELFARE TASK FORCE STUDY COMMITTEE (Marie Schweickert) * * * A motion was made by Councilman Miller, seconded by Councilman Taylor, to approve the Consent Calendar, and passed by the following vote: AYES: Councilmen Taylor, Pritchard, Miller and Mayor Silva ABSENT: Councilman Beebe * * * The Planning Director reported that a proposal h~s been submitted by the County Planning Staff for a sanitary land fill project at the northerly terminus of Croak Road. This project is being coordinated with the City of Pleasanton, and a meeting has been set for December 29 for the various adjacent agencies. It is a proposal to replace the present dump site of the City of Pleasanton. Mr. Musso pointed out the location of the proposed site on the map. The issue is whether the County should approve disposal site in the Valley at this time; if this is the best what conditions might be imposed on this site. a second site and The City Manager stated the area comprises 160 acres; the topography is such that if Croak Road is extended north the dump area will be visible from the road. He also stated he was at present studying a report prepared by ABAG on solid waste disposal; this report dis- closes there is a very critical situation for various parts of the Bay area regarding waste disposal; some of the larger cities are reaching a desperate situation. This is a big regional issue and has been and will be studied more in depth. As far as the staff is aware, this proposal is not before any official agency for the issuance of a permit, but it will be discussed by the County staff and they wish inputs from the City. CM-23-344 December 21, 1970 Mr. Parness pointed out that Livermore's present and future needs for a number of years are taken care of by the present facility so this proposal does not have a direct relation to our needs. (Land Fill - Croak Road) Mr. Bill Ralph, one of the partners of Livermore's present disposal site, said the City had contracted for the site for forty years. He showED. a map presented at the time the new site was prepared and explained the anticipated need and acreage which would be re- quired for waste disposal for the 40-year period. After the past seven years of operation they are still operating on the first ten acres. There is an anticipated life of 100 years for the needs of the Valley. He anticipated that if another site was approved and some of his business was lost, economics would force him to raise his prices. Ralph Laughlin, 2382 College Avenue, told the Council that the pro- posed site is on property owned by his family and he felt he could of personal knowledge dispute statements made by Mr. Parness and Mr. Ralph. If the Council wished more technical knowledge, he would be glad to provide this information. Mayor Silva explained that this was a request from the County for recommendation by the City, and the decision is made by the County Board of Supervisors during the public hearing. Councilman Taylor pointed out that the County asked for recommendation on matters which might effect the City and be to the best interest of the City. He felt that if the City Manager feels that the present site is adequate for many years, they should instruct the City Manager to attend the preliminary hearing and express that this one site will take care of the Valley. Councilman Miller stated that he felt we should get more informa- tion from Mr. Laughlin in due course and we probably would as this was only a preliminary hearing. He agreed with Councilman Taylor in that at the moment we have enough, but he foresaw a dump for people outside the Valley, and felt that even though this is a preliminary hearing and we do not have all the facts, we do not need another dump site at this time. Mayor Silva stated he agreed with the statements made that another site is not needed at this time with the evidence that has been presented, and possibly the application before them is to take care of refuse from another area outside the Valley and he was definitely not for this. Mr. Lee Amarel, Attorney representing Arthur Bailey, who is a property owner adjacent to the proposed site on Doolan Road within the planning area of the City, spoke also as a resident of the Valley, stating they had all alluded to the problem that this matter really brings up, and felt that the Valley Planning Committee should act upon it at once. He further stated that the Council should not be fooled because this is just a preliminary hearing, because the application for a dump site at that location has been filed and the only preliminary thing is that this is the day set for the areas involved, and all the members of the staff of the County, to make their report to the County Planning staff upon which the County Planning staff will make their recommendation to the Zoning Administrator and ultimately to the Board of Supervisors. He cautioned that the Board of Supervisors had just amended their ordinance to make it, in his opinion, easier to obtain a dump site. Mr. Amarel further stated that at the hearing he had attempted to convince the Board of Supervisors that prior to amending the ordi- nance to change the law allowing garbage dumps that they should have a study for the whole County and particularly for this Valley as it is the only place left for the whole County to dump its garbage and he was concerned about it; also a bad precendent would be established by creating another garbage dump in this Valley CM-23-345 December 21, 1970 (Land Fill Croak Road) which is not necessary to meet the needs of the Valley and opens the door to sundry applications for dumps everyplace in the Valley. He urged the Council not to take the matter lightly and felt the time to act is now. Mr. Amarel explained the procedure of the changed County ordinance which allows many uses, this one among them, without more action than that of the Zoning Administrator whereas prior to the change, these matters were processed through the Planning Commission. There is also the option of appeal by the City if the application is granted. Mr. R. M. Callaghan, 3690 Madeira Way, appeared as an individual citizen and as the representative of several estates within the area, stating that this is a serious problem as far as this valley is concerned and should not be lightly considered without much study. This proposal is at the end of Croak Road, and would depreciate pro- perty value around the site. Mr. Callaghan further stated that he represented other owners in the area whom he had not had an oppor- tunity to contact, but he felt that they would be most unhappy to have a dump site in their back yard. The Council has an opportunity to prevent a dump site location for the entire Bay area use; they should consider this matter very seriously. Councilman Taylor made a motion that the Council instruct the City Manager to present the City's views at the meeting of December 29 and to generally oppose the creation of another dump site, and this was seconded by Councilman Miller. Mayor Silva stated he also supported the motion although he realized they did not have all the facts, but since it is a County Referral and the meeting is December 29th, felt the general consensus was that the disposal site is premature. Councilman Pritchard stated that since they do not have all the facts and felt it would be premature for the Council to take any action whatsoever without all the facts; also by the statements of the prior speakers the matter should be given the most careful consideration and study. Mayor Silva suggested that perhaps they could make the recommendation based on the fact that they do not have all the necessary information and ask for a continuance, and if the County does not see fit to con- tinue the matter, then with the facts before the Council at this time, they would not be in favor of approving the additional site. Perhaps enough facts would be presented from testimony taken this evening. Evelyn Bankhead, stated she has 320 acres that adjoin the Laughlin ranch, and wondered since most of the Laughlin ranch was in hills and very little in canyons, just what portion was planned to be put into a garbage dump as it would definitely affect her ranch. The Planning Director indicated on a map the portion that would be used for a dump site, and it was determined that it was right next to her ranch. Robert Allen, 223 Donner Ave., challenged the statement made by one of the Councilmen that this was a quasi-public utility, as by the same argument a grocery store or service station is a quasi-public utility, and perhaps there should be only one, and saw no grounds for denying the landowner the use of the land that he desired on the basis it is being regulated as a public utility, when it really is not. Councilman Miller stated the City has control over the prices in the same sense the state PUC has control over PG&E and others. Mr. Laughlin commented he was not prepared to give all the facts, but felt a lot of the statements made were made in a facetious manner re- garding values of adjacent properties as only one side of the story has been given. CM-23-346 December 21, 1970 Mayor Silva restated the motion to instruct the staff to attend the County hearing regarding the refuse disposal site and to request a continuance in order that the Council might obtain more data. (Land Fill - Croak Rd.) Councilman Taylor stated this was not the original motion, however he would accept this stated motion to request a continuance, and in the event a continuance is not granted, with the facts before the Council, they would request that the application be denied on the basis that it is premature. Councilman Pritchard stated he would prefer to have two motions, because as the motion reads now, he would be unable to vote, as he felt they were talking about two different things. Councilman Taylor, after some discussion by the Council, indicated that he wished the motion to remain as last stated, but later withdrew the motion. Mayor Silva made a motion to ask the County to continue the item until such time as the Council could gain additional information, seconded by Councilman Pritchard, and passed unanimously. Councilman Taylor made a motion that in the event the matter is not continued that the City take the position of opposing the site for the various reasons presented by the City Manager, those being that the citizens of the City of Livermore are faced with a pro- bable rate increase if c8mpetitive sites are developed and the site is premature, seconded by Councilman Miller. Councilman Pritchard stated his negative vote on this motion might be interpreted that he is in favor of another garbage dump in Alameda County which is not his idea, and his only reason for voting llnoll is that they have not had enough time for study and cannot make a logical recommendation. The vote was then taken on the motion and it passed 3 to 1 with Councilman Pritchard dissenting. Councilman Beebe was absent. * * * The Planning Commission reports they have receivedREPORT RE REZONING a rezoning application submitted by Howard E. NORTH SIDE MOCHO ST. Johnson to rezone property located on the north (Howard Johnson) side of Mocho Street from RS-S to RG District. The Planning Commission initiated consideration of possible Zoning Ordinance Amendment of Sec- tion 20.00 - Sections 20.71 and 20.72 Future Width Lines and Special Building Lines on Vasco Road and East Avenue. PROPOSED ZONING ORDINANCE AMENDMENT (Future Width Lines- Spec. Bldg. Lines) The staff recommendation is to set the above two items for hearing on January 11 or 18. A motion was made by Councilman Miller, se- conded by Councilman Pritchard to set the matters for public hear- ing on January 18, and passed unanimously. * * * A summary of action taken at the meeting of Dec- SUMMARY OF ACTION BY ember lS, by the Planning Commission was received.PLANNING COMMISSION (Appeal - Peterson) Councilman Miller appealed the application of Val Peterson for Variance to permit reduction of set- back until he had more information. Planning Director George Musso explained the application for Variance was essentially an architectural feature of an existing structure which was to be remodeled. The staff recommended denial CM-23-347 December 21, 1970 (PC Summary - Peterson) for the usual reasons, but the Planning Commission concluded that it was an architectural feature and, therefore, the Variance was unnecessary, and he had recommended that if it was to be allowed, that it be done by Variance. Councilman Miller asked that the matter be continued for two weeks, and placed on the Consent Calendar. * * * ORDINANCE RE REZONING VARIOUS PARK AND SCHOOL SITES ORDINANCE NO. 732 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 Miller, seconded by Councilman Prit- chard, to waive the second reading, and by the following vote, the above ordinance was passed: AYES: NOES: ABSENT: Councilmen Taylor, Pritchard, Miller and Mayor Silva None Councilman Beebe * * * PROPOSED ORDINANCE RE DATE CHANGES OF HOLIDAYS A motion was made by Councilman Pritchard, seconded by Councilman Miller, to waive the first reading (title read only) and by the following vote, the ordinance amending the City Code, re official City holidays, was introduced and filed. AYES: NOES: ABSENT: Councilmen Taylor, Pritchard, Miller and Mayor Silva None Councilman Beebe * * * MATTERS INITIATED BY STAFF (Bid on Truck) The City Manager advised that Codiroli Ford has advised they are not able to comply with their bid award for the pickup truck as there was a transmis- sion problem, and recommended that the Council adopt a motion that the bid be awarded to Dailey Chevrolet. A motion was made by Councilman Miller, seconded by Councilman Pritchard, to accept the withdrawal of the bid of Codiroli Ford and to accept the bid of G. E. Dailey for the same comparable type of equipment, and the motion passed unanimously. Mr. Parness stated that with reference to the bid on the dump truck the servicing would have to be made in Tracy, and therefore, re- commended that the bid be awarded to G. E. Dailey Chevrolet. A motion was made by Councilman Pritchard, seconded by Councilman Taylor, and by unanimous approval, the bid for the dump truck was awarded to G. E. Dailey Chevrolet. * * * (Vila Gulf) The City Manager advised that with regard to the pro- gress of the Vila Gulf Project the Chairman of the Board had reported they had become badly engulfed in some rederal bureaucracy which is their main problem. Mr. Parness explained that after the proposition was made to them about the so- called turnkey type of installation that allegedly would be a signi- ficant saving they reapplied to HUD. Although they had been informed at the first go-around application that this type of project would not qualify because Vila Gulf was owned by the applicant, this time CM-23-348 December 21, 1970 they thought it would. As they were discussing (Vila Gulf) revisions they had some officials visit at one 8f their meetings and at this session, after going through many changes and transfers, they were informed there was every liklihood that if they followed this route, they would lose their grant and chances are it would not be extended to them. They were advised by the BUD officials in attendance at the meet- ing not to proceed this way, but rather go ahead under the original application. * * * Councilman Taylor asked if there was some way to keep the public informed with regard to public works activities around the City because there were so many inquiries about the different projects. MATTERS INITIATED BY COUNCIL (Public Works Projects) The Council discussed the problem, and Mr. Parness suggested that perhaps a newsletter could be published quarterly which would keep the public informed about the various construction projects. The Council requested the staff to investigate the possibility of pub- lishing such a newsletter. A member of the audience suggested that possibly a suggestion box could be initiated for comments from the citizens to the City. Mr. Parness said such a procedure had been tried, but only four comments were received in approximately eighteen months. Council- man Taylor pointed out that the City staff and the Councilmen are available for comments and questions from citizens. The Public Works Director stated that people do call in every day inquiring about various matters; each one is written up and answered. * * * Councilman Pritchard commented on the fact that several times recently inquiries have been made regarding zoning of property outside the City limits. He requested that a report be made by the staff, perhaps the City Attorney, regarding perty prior to annexation. (Report re Prezoning) prezoning of pro- The City Attorney stated the procedure is set forth in the Govern- ment Code and the Zoning and Planning Law. The reason there has not been prezoning is due largely to Council policy, but there is no question about the legality. Essentially, the same steps are followed as those set forth if the property were in the City, but it does not become effective until the area is annexed to the City. Councilman Miller stated it was the policy of the City not to commit itself on land use until annexation as a matter of protection to the City. Councilman Pritchard said he was not sure if this was a good policy as often someone desires to develop land next to the City but does not know if the intended use would be approved. Mayor Silva agreed it was an item worthy of debate and suggested that it be brought up again when a full Council is present. * * * Councilman Miller wished to clarify that he had (Growth Moratorium) never advocated a permanent moratorium on growth but had talked about a temporary moratorium be- cause of smog and other problems. * * * CM-23-349 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:OS p.m. to an executive session to discuss personnel problems. * * * APPROVE ({)~ 7:1- ~ u (u.. Mayor ATTEST (~ City Clerk ..more, 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:oS 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-23-3S0 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 rezoning 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-23-35l January 4, 1971 (Public Hearing - Black, Hansen & Smallcomb) CONTINUED PUBLIC HEARING RE ZONING CHANGE (No. L to No. S st. between Park and RR) 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 II 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 II, and the motion was approved unani- mously. 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 RESOLUTION::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. January 4, 1971 Appointment to Airport Committee RESOLUTION NO. 2-71 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 Save & 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 Planning}. ~OBILE HOME.PARKS activities relative to mobile home parks. ~ f:t~~ U~>t""~~J.(. - t ~~ ~1L;t,;:l '"?A1LL 1'-4-~.f. dX-~' . Mayor pro tempore Miller said this was a very com~icated issuet~~, he was pleased to have this report and no action was required b~~c~~ the Council. (j * * * 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 0" 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 modific8.tion 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 II, 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 "setbackll. 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 mannerll 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 80% 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 n8t 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 n8t 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 18. (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. ~{)K: ~ ,(lAh-: Qf!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 11 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 II, 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~ He felt a c~a~e }n zonin~~. 1 " to RM lS ,premature. ,,>4 t~ ~ Z~ c:&....;r~--C.4- ~nd I . ~-<.-.-",-=- ~~ ;<!. it1 ;Q~-<--cz d-:..-n_?~ ~~?~>U-n~--<~ ~ ~-~-d.. -Pv#tl: The motion for rezoning'" from RL-5 to RM was passed by the CY7< j, ! i ~ following vot e : ~k?-t../ ~1 . ~ (/ '- AYES: NOES: Councilmen Beebe, Pritchard and Mayor Silva 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-S 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. ~Jt-~.~ . 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 ~ffiWffiERS FOR APPROPRIATE DISTRIBUTION TO ACTFG MEMBERS WITH APPROVED PROJECTS. * * * CM-23-368 January 11, 1971 A storm drain easement has been granted by Report re storm P.G.& E. at a cost of $474 (25% of market Drain Easement 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. 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 OFF-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,SOO 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 lS, 1970 and January S, 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-23-37l 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 apPoiutmeufI; * 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 ~1~~2r$;~~~~~~' ~oe" . * * * 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 thoughlthis area ~ad ~r~ned ~ from multiple to single fami~y. 8.c-.w;A>IU., ,. ~~~~~,/d.t>~fd:~'~ ~ k t-,~j4<-,"".-t-~ l',1.Lt; ~~~JJ Mr. Musso explalned that the property is located on the east --7 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 relieve 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. Report 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 ~otion from the table which~~ passed by the following vote{ ~~4~~-<-- ~~'-:.~{~~"_ i .'-'~<.~ l cy. ~ ~4/~d~~i..<>.. u:L / ~- AYES: Councilmen Beebe, Taylor and Miller A.y-&<t L ( ~) 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 g8ing 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-23-38l 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 sh8rt- 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-DeV8r 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 !'Ten (10) dwellings per gross acre", 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 "Ten dwelling units per gross acre", 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 Items 5 (b) and (c) were acceptable to the applicant. January 18, 1971 (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 "except. .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.ll 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 "two (2) spaces per dwelling unitll. Also, he requested that the last portion of the condition from the wording, 'TIn addition,.. II 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 "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 4..{;.' .;>',i-. : ...-!:f:'[J.>...cY' . "p"" q"'" there is a general disf~u;t :n government be- cause politicians!allow deliberate law viola- tors, who belong to the establishment Dccaoion- ~ 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~~QatMrJ_~utkaknew about building permits and put this ooi~;up.{ta1'lyW~~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: 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. REPORT RE VALLEY PLANNING COMMITTEE Councilman Miller stated he had been assigned the job of raising 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 January 18, 1971 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 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. ATTEST * APPROVE * * * 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 ROLL CALL * * * 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. MINUTES * * * 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. 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 Attorney's 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 Save & 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..k /. )" IV I, .;>J1tf,. i.\J.~~ l1~f"{" . Councilman Taylor said that a three foot sigri..1 se bac~-\i required might be hard to see, but he did not know on wha grounds 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 questioned 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 Mr. Musso suggested that the words "and lot" be added in the fifth line of the second paragraph after the word"mobile home". January 25, 1971 (Mobile Home Legislation) Councilman Taylor made a motion to adopt the letter as presented by the Planning Commission with the addition of the words "and lot" 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 18, 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: "Although 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?" Yes [=: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: "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 80% 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 of the existing circumstances of 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 APPROVE * ATTEST * * * 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 Chambers, 39 So. Livermore Avenue. The meeting was called to order at 8:15 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-23-40l 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, llThe 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 I, 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. II 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 Miller's 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. Appointment of Dr. John Shirley as Member of Airport Land Use Comm. * * * 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. 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 opinion 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 I, 19'a 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 ~ould 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 If yes If vote the ordinance will be enforced, and a majority of Ifnolf votes will indicate that the ordinance will be .appealed. K / /l--h'1/7d.. A:. . - L ~~IC- I CLA<J'- et, '-"' The City Clerk stated that the election will co~e than $5db 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 6lst 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. lS4, 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 $lSOO for the annual rodeo parade. Financial participation of the City in this event in an amount up to $lSOO 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-23-4l0 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-23-4ll February 8, 1971 (Exempt Business Licenses) (Payroll & Claims) APPROVAL OF CONSENT CALENDAR 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. PUBLIC HEARING RE REZONING (North side Mocho St.- Howard Johnson) 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-23-4l3 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-23-4l5 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 "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. Z 0 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 Z 0 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) * * . tJ~' 1 ! r .. ~ I!lIec II kt'e/ ~ . The City Manager stated ~~ere i~O 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 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. (Revenue Sharing) 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 arwecology 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-23-4l8 * * * 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 "cause" 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 ) ,/..\. ,;',-r. , \I" \. * " j ../1 r * ATTEST +-- ( \.1.' - ~~ 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~~~~ residential to commercial office. ~~_ 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 flwhen located in E, CP, RG, RM Districtsfl. 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-23-42l 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 l2-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. 7t * * 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. RESOLUTION NO. 22-71 Report re PUD No.lS (Carlton Dev. Co.) 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,SOO to $S,OOO 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. Sec ond Street , Livermore to If LIf Street 2. If JIf Street, First to Third Street 3. If Kif Street, First to Third Street 4. If LIf 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. " ~^. * * 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 lIplI 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 lIplI 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-I 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 lSO 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-S 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. February 22, 1971 (Park Dedication) house on them, building lots, Mayor Silva pointed out that the multiple had not been increased, but in fact, it had been decreased. 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 happeD 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 harrm as multiple zoning is a financial consideration. He did not feel there was justification for changing the zoning 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~\letlla 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 (20 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 the previous discussion cqn- c7rning Mr. Mosu~e' s application & .~-Fi. ~C-W7t.v P'7t!'~~~~u ~ -rl~.. ' ~~.d-......---~~ --4Z:~-v<--,-~p--rn~, . iJK~d-Oi::a-lJ In regard to the wording of the proposed ordinance, Mr. Musso if stated the Building Inspector suggested that in Item C) the words, "residential dwelling" be changed to "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