January 25, 2016

________________________________________________________________

REGULAR MEETING

1. CALL TO ORDER - CALL TO ORDER / PLEDGE OF ALLEGIANCEThe meeting of the City Council was called to order by Mayor John Marchand at 7:01 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Stewart Gary, and Council Members Steven Spedowfski, and Laureen Turner. Council Member Bob Woerner was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

Boy Scout Troop 999 led the Pledge of Allegiance.

2. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring February 2016 as Science and Engineering Month.

Mayor Marchand presented a proclamation to Regina Brinker, STEM Coordinator for the Livermore Valley Joint Unified School District, declaring February 2016 as Science and Engineering Month.

3. CITIZENS FORUM CITIZENS FORUM

David McGuigan, Livermore, spoke regarding the Asset Management program.

Don Meeker, Livermore, spoke regarding the January 17, 1916, City Council meeting. He also said he would not be reapplying for City Historian as he and his family members were relocating to Washington in April 2016.

Mayor Marchand and the Council thanked Mr. Meeker for his service as City Historian.

Bruno Felice, Livermore, spoke regarding being unfairly penalized by California Water Service Company and his numerous appeals of unjust fines.

VM Gary directed staff to provide assistance to Mr. Felice in resolving the issue with Cal Water.

Joseph Rard, Livermore, donated a book to the City entitled Journal of Solution Chemistry in honor and memory of past council member Donald G. Miller.

Jason Bezis, Lafayette, spoke regarding Measure BB - transportation sales tax.

4. CONSENT CALENDAR CONSENT CALENDAR

Item 4.03 Gail Travers, Livermore, spoke in opposition to new housing developments in Livermore.

Mayor Marchand spoke regarding the Urban Growth Boundary and in-fill development.

Item 4.04 Jeff Kaskey, Livermore Heritage Guild President, spoke in support of the item.

CM Spedowfski and CM Turner acknowledged the fine work the Heritage Guild had accomplished at Hagemann Farms.

ON THE MOTION OF VM GARY, SECONDED BY CM TURNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - January 11, 2016 regular City Council meeting.

4.02 Adoption of Ordinance 2034 adding Chapter 5.90 to the Municipal Code prohibiting the commercial cultivation of cannabis for medical purposes for a period of up to eighteen months.

4.03 Resolution 2016-003 authorizing the concurrent consideration of General Plan Amendment 15-002 and Planned Development Residential 15-001 for a proposed residential development on a 5± acre site on Central Avenue. (Signature Homes)

4.04 Resolution 2016-004 approving the renewal of a ground lease agreement with the Livermore Heritage Guild for management of the Hagemann Farm property; and authorizing a supplemental appropriation of up to $35,000 for necessary repairs, maintenance, and insurance on the property.

4.05 Resolution 2016-005 authorizing execution of a second amendment to the agreement with GS Management Company, to extend the term for an additional year and increase the contract amount by $175,000, for operational and maintenance expenses, and property management services for City-owned sites within the Downtown.

5. PUBLIC HEARINGS - None.

6. MATTERS FOR CONSIDERATION MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

In response to questions by VM Gary, City Attorney Jason Alcala stated there were no action items for Item 6.01; therefore, was nothing to proceed on.

6.02 Discussion and direction regarding restructuring Commission for the Arts and Art in Public Places Program policies.

Recommendation: Staff recommended the City Council introduce an ordinance amending Municipal Code Chapters 2.43 and 12.51 to update the role and procedures for the Commission for the Arts and adopt a resolution amending the Commission for the Arts Rules of Procedure.

AND

6.03 Resolution amending the Art in Public Places Program Policy and Procedures Manual.

Recommendation: Staff recommended the City Council adopt the resolution.

Assistant Community and Economic Development Director Eric Uranga presented the staff reports for Items 6.02 and 6.03.

Moyna Lane, Chair, Commission for the Arts, spoke regarding accomplishments of the Commission; the update to the Arts in Public Places Program policies including the request for proposals; and in support of the increase in the administrative portion of the Public Art Fee and maintaining the current membership of nine.

CM Spedowfski suggested recruiting to include a student member on the Commission.

CM Turner said she could not support the amendment requiring that future commissioners not hold a board or officer position with any arts organization that applied for public art funds from the City. She said she understood the concerns surrounding conflict of interest and suggested the provision be massaged a bit. She said it was rather vague and there were only so many volunteers in the community.

City Manager Marc Roberts clarified the wording and intent of the amendment to the ordinance pertaining to potential members holding a board or officer position with any arts organization that applied for public art funds from the City.

VM Gary said prohibiting dual roles was the appropriate legal and ethical amendment to make to the ordinance.

In response to questions by VM Gary, Mr. Roberts said staff had explored a variety of options surrounding the issue of dual roles. While the amendment might create a hardship on those who wished to be on the commission and those that wanted to run the local arts organizations, staff was recommending an assertive standard for the most ethical and legal appearance possible.

In response to questions by CM Turner, Mr. Uranga said the Human Services Commission was comprised of members-at-large and did not represent non-profit organizations. Mr. Roberts said that this type of conflict-of-interest issue had not occurred with the Human Services Commission.

In response to questions by Mayor Marchand, Rebecca Cox, staff liaison to the Commission for the Arts, said the Arts Alive guide did not include art that was not owned or maintained by the City. Mr. Uranga said staff would update the guide to include all public art.

VM Gary requested a report on the next Commission for the Arts recruitment to determine the effect of the amended ordinance.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM GARY AND CARRIED ON A 3-1 VOTE (CM TURNER VOTING NO), THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTION:

Ordinance amending Municipal Code Chapter 2.43, Commission for the Arts, updating the members and duties of the Commission for the Arts, and Chapter 12.51, Art in Public Places Program, updating the Art in Public Places Program Procedures.

Resolution 2016-006 amending the Commission for the Arts Rules of Procedure.

ON THE MOTION OF CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-007 approving updates to the Art in Public Places Program Policy and Procedures Manual.

6.04 Resolution authorizing the issuance of a Request for Proposals for two public art programs; appropriating Public Art Funds in the amount of $126,000 for the Downtown Sculpture Project and the Art in the Schools Project; and authorizing execution of all related documents.

Recommendation: Staff recommended the City Council adopt the resolution.

Division Clerk Rebecca Cox presented the staff report.

In response to questions by Mayor Marchand, Ms. Cox said city municipalities were city arts organizations and other cities with art organizations or districts.

In response to questions by Mayor Marchand, Assistant Community and Economic Development Director Uranga said the Commission had identified fifteen different sites in the downtown that would be suitable for sculptures. He said Art in Lieu fees would be used to purchase sculptures for four of the sites; the other sites could be used as a public art gallery. He said the Commission and staff were exploring the concept further.

CM Turner requested staff to focus on other areas in Livermore including the North Livermore/Springtown area to be included in the public art process.

CM Spedowfski spoke in support of the item.

ON THE MOTION OF VM GARY, SECONDED BY CM TURNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-008 authorizing the issuance of two Requests for Proposals/Call for Artists for the downtown sculpture project and for the Art in Schools Project; appropriating $120,000 of Public Arts Funds for the acquisition and installation of outdoor sculptures in the downtown; and appropriating $6,000 of Public Art Funds to provide art enrichment programs at elementary schools during Fiscal Years 2015-2016 and 2016-2017.

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

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS 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 Council Members.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on January 25, 2016, he attended the Wheels Board Projects and Services sub-committee meeting. There was discussion on the Comprehensive Operations Analysis; he said the public hearing process should begin in the next few months.

CM Turner did not have a report.

Intergovernmental Meeting Vice Mayor Gary said he attended the bi-monthly meeting with the school and park districts. He said there was discussion on the potential for a joint effort master plan for Springtown Golf Course.

Mayors Conference Mayor Marchand said on January 13, 2016, he attended the Alameda County Mayors Conference. He said there was a presentation from Stop Waste.org and reported that waste to the landfills had been cut by 50% even though county population had grown 20%.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on January 14, 2016, he chaired the meeting. There was discussion on the Fairview Fire Protection District and three out-of-area service agreements were approved.

U.S. Conference of Mayors Mayor Marchand said January 18-22, 2016, he was in Washington, D.C. attending the annual conference. He discussed funding for BART with Secretary of Transportation Foxx and the Livermore Veterans Hospital with Secretary of Veterans Affairs Bob McDonald. He also met Surgeon General Dr. Vivek Murthy and had a meeting with the National Nuclear Security Administration.

8. ADJOURNMENT ADJOURNMENT - at 8:28 pm to a regular City Council meeting on Monday, February 8, 2016, and an adjourned regular meeting on February 9, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK