CITY COUNCIL MINUTES

January 13, 2014

________________________________________________________________ REGULAR MEETING

1. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:03 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Councilmembers Stewart Gary and Laureen Turner. Councilmember Doug Horner was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Jason Alcala said there was no reportable action; the Closed Session would be continued to after the Regular Meeting.

2. PROCLAMATIONS AND PRESENTATIONS None.

3. CITIZENS FORUM

Christy Stanker, representing Assemblymember Joan Buchanan, said she had office hours the second Monday of each month from 1 - 4 pm at Livermore City Hall. She welcomed residents to stop by with any issue or request and invited the City Councils opinions on any State matter.

Bill Aboumrad, Livermore, said 2014 was the 75th anniversary of Little League baseball. The Intermediate Little League World Series would be held again in Livermore July 29 August 4, 2014 and he requested support from the City.

Pat Ferguson, Livermore, said the agenda represented a culture of institutional corruption and there was no real oversight of the government budget process. She said she did not support the City buying the Bankhead Theater.

Beth Wilson, Livermore, spoke regarding importance of the Bankhead Theater to the community and urged the City Council to support and keep the Bankhead Theater open.

Don Meeker, Livermore, spoke from the 1908 minutes regarding the Womens Improvement Club.

Nancy Rodrigue, Friends of Tesla Park, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Linda Milanese, Friends of Livermore, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies.

Tammy Reus, Friends of the Vineyards, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Jeff Kaskey, Livermore Heritage Guild, spoke in support of preserving Tesla Park as a non-motorized park and preserve. He requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Stephanie Byous, Ohlone Audubon Society, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Mary Puthoff, Society of American Indians, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Donna Cabanne, Sierra Club, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Mary Ann Hannon, Friends of Springtown Preserve, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Mack Casterman, California Native Plant Society. Written materials in support of preserving Tesla Park were submitted to the Council on behalf of Mr. Casterman.

Diane Wishart, Tri-Valley Trailblazers, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Werner Schlapfer, Livermore Hill Hikers, spoke in support of preserving Tesla Park as a non-motorized park and preserve. He requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Marilyn Russell, Tesla Road Residents Alliance, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Luann Tung, Friends of the Arroyos, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies. Written materials were submitted to the Council.

Terry Rossos, Livermore, spoke in support of preserving Tesla Park as a non-motorized park and preserve. She requested the City Council direct staff to review and comment on the draft environmental impact report and report back to Council; and that the Council communicate support of Tesla Park preservation to State agencies.

In response to questions by Mayor Marchand, Assistant City Manager Troy Brown said to his knowledge, Livermore Area Recreation and Park District (LARPD) had not taken a position on the Tesla Park issue. Mayor Marchand said at the December Livermore Cultural Arts Council meeting, he was told by a LARPD representative that LARPD had not taken a position on this issue. Mayor Marchand said LARPD was the organization that had overarching control and its jurisdiction is over the parks; he said he looked to LARPD for their leadership regarding parks.

4. CONSENT CALENDAR

Item 4.11 was removed from the Consent Calendar.

ON THE MOTION OF CM GARY, SECONDED BY VM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.11.

4.01 Approval of Minutes November 25, 2013 regular City Council meeting and December 9, 2013 regular City Council/Successor Agency meeting.

4.02 Adoption of Ordinance 1986 to make several minor updates, clarifications, and revisions to existing sections of the Municipal Code.

4.03 Adoption of Ordinance 1987 approving the first amendment to Development Agreement 02-002 with Livermore Airway Associates regarding the Oaks Business Park to extend the effective date of the agreement for an additional four years to March 22, 2018.

4.04 Adoption of Ordinance 1988 amending Development Code Section 10.06.050, Affordable Housing, to update and modify the affordable housing requirement for residential development. (Development Code Amendment 13-001)

4.05 Adoption of Ordinance 1989 amending Municipal Code Chapter 3.26, Affordable Housing Fee, to update and modify the Affordable Housing requirement for residential development. (Municipal Code Amendment 13-001)

4.06 Adoption of Ordinance 1990 amending the Zoning District Map of the City of Livermore by rezoning certain property, located east of Vasco Road and south of Brisa Road, to Planned Development. (Zoning Map Amendment 13-003)

4.07 Resolution 2014-001 approving the contract extension for the Acting City Attorney.

4.08 Resolution 2014-002 amending Resolution No. 72-79 to allocate the new job classification of Recycling Specialist to the Association of Livermore Employees Salary Schedule.

4.09 Resolution 2014-003 accepting Fiscal Year 2012-2013 Comprehensive Annual Financial Report and other annual reports for the year ended June 30, 2013.

4.10 Resolution 2014-004 authorizing the issuance of a purchase order to Livermore Auto Group, in an amount not to exceed $192,706, for the purchase of six replacement patrol cars.

4.11 Resolution authorizing first supplement to loan agreement with Livermore Premium Outlets, LLC on behalf of the Community Facilities District No. 2009-01 (CFD) with respect to Improvement Area No. 1, authorizing execution of a loan agreement with Livermore Premium Outlets, LLC on behalf of the CFD with respect to Improvement Areas No. 1 and No. 4, approving issuance of a note, on behalf of the CFD with respect to Improvement Area No. 4, in an amount not to exceed $7.5 million; and making certain related findings required by law.

ITEM 4.11 WAS REMOVED FROM THE CONSENT CALENDAR.

4.12 Resolution 2014-005 authorizing execution of a professional services agreement with GS Management Company, in the amount of $175, 000 per year, not to exceed $350,000 total for a two-year term ending January 31, 2016, for direct operational/maintenance expenses and property management services for certain City-owned sites within the Downtown.

5. PUBLIC HEARINGS

5.01 Hearing to consider the formation of the State Route 84 (Isabel Avenue) Underground Utility District, Project No. 2013-24.

Recommendation: Staff recommended the City Council adopt the resolution establishing the State Route 84 (Isabel Avenue) Underground Utility District.

City Engineer Cheri Sheets presented the staff report.

Mayor Marchand opened the public hearing.

Jennifer Jimenez-Cruz, representing Pleasanton Gravel Co., Pleasanton, read a letter from Allen Matkins Leck Gamble Mallory & Natsis LLP, Attorneys for Pleasanton Gravel Company. The letter requested the City Council defer any decision on the issue stating proper notice of the public hearing had not been provided.

In response to questions by Mayor Marchand, Acting City Attorney Jason Alcala said the City provided proper notice to Pleasanton Gravel Company. He said staff could address the specific concerns outlined in the letter.

In response to questions by CM Gary, Ms. Sheets said the undergrounding included a crossing of Isabel on to the entry parcel road to Pleasanton Gravel Co., and was all within an existing easement. There was no intent or need for the property owner to provide a fiscal contribution to the undergrounding district; the undergrounding district would be borne by the project and project funds. She said there was an easement for the PG&E lines and the intent was to continue it in the same easement. She confirmed there would be no cost to the property owner or taking of property that would require compensation.

There were no more speakers and the hearing was closed.

In response to questions by CM Turner, Ms. Sheets said the project was already slightly delayed. She said the continued discussion with the property owner could continue after the formation of the district; forming the district did not prohibit staff from continuing discussions with Pleasanton Gravel Co. She said delaying the decision to form the district would affect the actual start of the design and the triggering of other associated agreements; preference was to take action to form the district.

ON THE MOTION OF CM TURNER, SECONDED BY CM GARY AND CARRIED ON A 4-0 VOTE, THE PUBLIC HEARING WAS CONTINUED TO THE JANUARY 27, 2014 CITY COUNCIL MEETING.

5.02 Hearing to consider a request for the phased development and construction of 465 residential units consisting of detached single family homes, row townhouses, and apartments. Land use entitlements are implementing the Brisa Neighborhood Plan (NP05-002).

Location: East side of the intersection of Brisa Street and South Vasco Road, on both the north and south sides of Brisa Street
Applicant: SummerHill Homes
On-site and off-site public improvements: regional trail segment, sanitary sewer, storm drain, streets/sidewalks, traffic signal, and water.
Site Area: 37± acres
Zoning: Heavy Industrial (I-3)
General Plan: Urban High Residential - 3 (14 to 18 du/acre)
Historic Status: None
CEQA: A Mitigated Negative Declaration Addendum under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Numbers: Vesting Tentative Tract Map 7870 (Subdivision 13-004), Planned Development -Residential 13-002, Development Agreement - 13-002, Site Plan Design Review 13-011

Recommendation: The Planning Commission and staff recommended the City Council adopted a resolution approving Vesting Tentative Tract Map 7870 (Subdivision 13-004) and Site Plan Design Review (SPDR) 13-011; and introduce ordinances approving Planned Development Residential (PD-R) 13-002 and Development Agreement 13-002.

Principal Planner Steve Stewart presented the staff report.

In response to questions by CM Turner, Mr. Stewart said there were entrances to the ACE Train parking lot from the western boundary, through the development, and by foot. Community & Economic Development Director Stephan Kiefer said the existing road that fronted the industrial area adjacent to the development would remain and could be used to access the parking lot.

In response to questions by VM Woerner, Assistant City Manager Troy Brown said the lot could be accessed by Vasco to Brisa; the additional access would be for the residents through the development. VM Woerner said he was concerned that people would use the development access as cut-through traffic. Mr. Stewart said non-residents would not find the cut-through access very efficient.

CM Gary spoke regarding the aesthetics of the project. He said he liked the earth tone exterior color palate and craftsman design that was similar to most of the new developments in Livermore. He said the Spanish architecture and color palate of the apartments were more appropriate to southern or coastal California and did not compliment Livermore. Mr. Stewart said the Spanish eclectic design did compliment some of the other Spanish/Monterey designs that were sprinkled throughout the Downtown. He said it was the consensus of the Planning Commission and staff that the project was well done and included a lot of detailed façade; overall, the project was high quality and reflected a little bit of Livermores heritage.

In response to questions by Mayor Marchand, Mr. Stewart said the applicant had provided a letter from Livermore Sanitation confirming serviceability of all the different product types in the development.

Mayor Marchand opened the public hearing.

Project Applicant Bob Hencken, SummerHill Homes, presented an overview of the project.

In response to questions by Mayor Marchand, Mr. Stewart said the landscaping plan would not be presented again to the Planning Commission or City Council. Mr. Kiefer said any additional details to the plan would be considered by the Planning Commission.

Mayor Marchand requested the flowering plum trees in the development be male species to prevent a mess. He said he did not want to end up with debris all over the streets.

CM Turner requested that all street lighting be LED and the water faucets in the parks have water bottle refills and doggie fills.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM TURNER, SECONDED BY VM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCES: Resolution 2014-006 approving Subdivision 13-004 (Vesting Tentative Tract Map 7870); and Site Plan Design Review 13-011.

Ordinance introduced amending the Zoning District Map and establishing development standards for Planned Development Residential (PD-R) District 13-002. Location: East side of the intersection of Brisa Street and South Vasco Road, on both the north and south sides of Brisa Street.

Ordinance introduced approving Development Agreement 13-002 between the City of Livermore and SummerHill Brisa, LLC for the Brisa Neighborhood Plan Project.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies.

This item was rescheduled to the January 27, 2014 City Council meeting.

6.02 Presentation of the City of Livermore Communications Assessment and Strategic Communications Plan by Tripepi Smith & Associates.

Recommendation: Staff recommended the City Council accept the Communications Assessment and Strategic Communications Plan and provide direction.

Assistant City Manager Troy Brown presented the staff report.

Ryder Smith, Tripepi Smith & Associates, presented the City of Livermore Communications Assessment Findings.

VM Woerner referred to Case for Communications (page 373 of the packet) and said he wanted messages with more clarity and how the messages would flow through the channels. He said there needed to be a discussion on how to use metrics with respect on measuring progress. He said Livermores reputation in the Bay Area was getting better and reinforcing the city as a destination location needed to be concentrated on.

CM Gary said he wanted staff to proceed with the implementation of Phase Two and wanted to ensure that the project would continue to be practiced and become permanent. He said he did not want the plan to be shelved after implementation. He requested staff to include in Phase Two a sustainable plan that could be accomplished and advise the Council during the budget cycle of resources needed for sustainability.

Mayor Marchand said information could be given to people; however, there was no way to ensure the information was read. He said the challenge was how to get people read the information after it had been pushed out.

THE CITY COUNCIL ACCEPTED THE COMMUNICATIONS ASSESSMENTS FINDINGS AND DIRECTED STAFF TO PROCEED WITH PHASE TWO.

6.03 Discussion and direction regarding pending State or Federal legislation. None.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Councilmembers.

Stopwaste.org CM Turner said she attended the meeting on December 18, 2013. She spoke regarding a new benchmarking fee that would be added to everyones waste bill. She requested that a notice including instructions on how to opt out of the program be inserted into everyones bills.

Livermore-Amador Valley Transportation Authority (LAVTA) CM Turner said she attended the December 16, 2013 meeting. She said there was a new Planning Manager and the Authority was going to improve commuter usage.

CM Gary said he did not have a report.

Livermore-Amador Valley Transportation Authority (LAVTA) VM Woerner said he attended the December 16, 2013 and January 6, 2014 meetings. He said there were discussions on improving para-transit bus service to the community.

Tesla Park VM Woerner requested and received Council concurrence to direct staff to monitor the process and release of the environmental impact report; and review the draft report when completed and transmit findings to the City Council.

Citizens Police Academy Mayor Marchand said on December 12, 2013 he attended the 24th Citizens Police Academy graduation.

Employee Retirements Mayor Marchand acknowledged the December retirements of Senior Planner Susan Frost and Fire Marshal Scott Deaver.

TV30 Mayor Marchand said he attended the Board meeting on December 19, 2013. He said there was a budget review and report on the activities of the Foundation.

Art and Poetry Show Mayor Marchand said on January 4, 2014 he attended the East Meets West Art and Poetry show at the Library.

Chevron World Media Mayor Marchand said on January 7, 2014, he attended the Chevron World Media event. Chevrons international media personnel were invited to Livermore to learn about Livermores many energy related projects so they could tell the story internationally.

Local Agency Formation Commission (LAFCO) Mayor Marchand said on January 9, 2014 he attended the meeting. There was a discussion on the upcoming workshop on April 23-25, 2014 and the RFP for services and financial report were reviewed.

South Bay Engineers Mayor Marchand said on January 10, 2014 he gave a presentation to the group about Livermores environment and energy projects.

Math Counts Mayor Marchand said on January 11, 2014 he attended the Math Counts awards presentation.

In Memoriam Mayor Marchand said Lawrence, the Livermore Lab, and his great friend Albert, both passed away in December. He said Lawrence had achieved the title of Rear Admiral. He said both canines had provided over 1,000 hours of tail wagging as therapy dogs at the Livermore VA Hospital.

8. ADJOURNMENT The Regular Meeting adjourned at 9:22 pm to the continued Closed Session.