CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT

FEBRUARY 12, 2018

________________________________________________________________ CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

ADJOURN TO CLOSED SESSION

1. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC. The instructions will concern price and terms of payment.

________________________________________________________________

REGULAR MEETING

1.

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

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2. PROCLAMATIONS AND PRESENTATIONS - None.

3.

CITIZENS FORUM

David Kent, Livermore, spoke regarding the Association of Professional Journalists' code of ethics, the staged photo op at Lizzie Fountain and financial disclosure and conflicts of interest.

Mark Palajac, Livermore, spoke regarding Zone 7's plans for flood protection program in the Medeiros Reach area of Arroyo Mocho. He suggested staff should work with Zone 7 to protect the recreational pathway in the area.

Karl Wente, Livermore, spoke regarding the community having a higher code of conduct and a higher standard. He questioned the source of funding for the Friends of Livermore political action committee.

Rick Nordyke, said the Council had not been forthcoming with information about a loan.

Evan Branning, Livermore, spoke regarding the Downtown Plan. He said the community engagement was the most transparent process. He said a tremendous amount of community input was obtained and that everyone needed to compromise. He said to build it now.

Asa Strout, Livermore, supported the Downtown Plan. He said making any change to the plan would delay the project. He said to build it now.

Dave Finster, Livermore Rodeo Association, thanked the Council and community for their support. He said the majority of the community supported the Council's decision for the Downtown Plan. He said the Stockmen's agreement was with the City and no one else.

Greg Scott, Livermore, spoke regarding providing services for the homeless veterans and especially women that are homeless.

Lisa Tromovich, Livermore, spoke regarding the excitement in the community for the Council's decision to move forward with the Downtown Plan.

Patricia Munro, Livermore, spoke regarding Looking for Our America - A Conversation to be held at the Independent Order of Odd Fellows beginning February 26, 2018.

David McGuigan, Livermore, continued his negative remarks about the police department and the Mayor.

John Stein, Livermore, spoke regarding the Downtown Plan and there was something for everyone. He said compromise was not defeat, it was a victory. He spoke regarding One Bay Area plan's twelve major goals.

Jeff Kaskey, Livermore, spoke negatively about the Downtown Community Engagement process and the City newsletter. He said the City and its officials had been negotiating with the Stockmen's for over a year well before the Downtown Steering Committee was formed or the community outreach process began.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the Council's approval of the Downtown Plan. She said the adopted plan was reasonable, responsible and respectful to businesses, residents and visitors.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the City was currently in negotiations with the hotelier. He said the financing for the project would take the form of a community facilities district that would be paid for by the owner of the property (the hotelier). Mr. Roberts clarified that through the public input process, the preferred location of the hotel had connection to South Livermore Avenue and that there was no support for a hotel entrance on Railroad Avenue.

In response to questions by VM Woerner, City Manager Marc Roberts said there was not a Stockmen's deal in the works prior to the formation of the Downtown Steering Committee. He confirmed that the potential deal with the Stockmen's was announced on August 14, 2017, prior to the start of the community outreach process.

4.

CONSENT CALENDAR

Mayor Marchand removed Item 4.07 for separate discussion and consideration.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01 - 4.06 ON THE CONSENT CALENDAR.

4.01 Approval of minutes - January 22, 2018 regular City Council meeting.

4.02 Adoption of ordinance 2067 establishing the Planned Development-Commercial Zoning Standards for the Concannon Winery.

4.03 Adoption of ordinance 2068 amending Municipal Code Section 2.68.430 Surplus Supplies and Equipment, to grant the City's Administrative Services Director the authority to surplus badges assigned to employees of the Livermore Police Department who resign in good standing following ten or more years of service with the City.

4.04 Resolution 2018-011 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.05 Resolution 2018-012 accepting for permanent maintenance and releasing of security for the 141-149 N. Livermore Ave. (Tri-Valley Housing Opportunity Center) Roof Replacement, Project No. 2016-23.

4.06 Resolution 2018-013 accepting for permanent maintenance and accepting all real property offered for dedication within Parcel Map 10217, including the Public Utility Easement, and authorizing release of security. Location: Primrose School and a future commercial parcel, south side of Las Positas Road.

4.07 Resolution approving the first amendment to loan agreement and first amendment to regulatory agreement between the City and Tri Valley BMR, LLC, and appropriation of $111,427 in Affordable Housing Trust Funds for the refinance of a housing unit for disabled individuals located at 1976 Locomotive Lane #105. (Station Square)

Mayor Marchand invited public comment on Item 4.07.

Ken Bradley, Livermore, spoke in opposition to approval of this item.

Assistant Community Development Director Eric Uranga presented the staff report.

In response to questions by the City Council, City Manager Marc Roberts said the Livermore Housing Authority reports to a board. The issue was the Housing Authority's inability to complete the vouchers. Staff became aware when it became an issue and started working to get the vouchers online. He said staff would be addressing the cash flow issue.

ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.07 AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2018-014 approving the first amendment to loan agreement and first amendment to regulatory agreement between the City and Tri Valley BMR, LLC, and appropriation of $111,427 in Affordable Housing Trust Funds for the refinance of a housing unit for disabled individuals located at 1976 Locomotive Lane #105. (Station Square)

5. PUBLIC HEARINGS - None.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding an agreement to convey real property between Mario Pedrozzi Scholarship Foundation and City of Livermore. Location: Chestnut Square property between 217 and 242 North N Street.

Recommendation: Staff recommended the City Council adopt a resolution approving the acquisition of five parcels from the Mario Pedrozzi Foundation totaling approximately 0.4 acres, execution of an agreement to convey real property, and appropriation of $80,000 in Housing Trust Funds to pay for associated costs.

Housing Program Manager Frances Reisner presented the staff report.

Mayor Marchand invited public comment.

Carolyn Siegfried, Executive Director, Pedrozzi Foundation, spoke in support and need for the project in the city.

John Stein, Livermore, spoke in support of staff recommendation.

In response to questions by VM Woerner, City Manager Marc Roberts said when the City acquires property, especially in the older areas of the City, it has been discovered that not all property rights are clearly identified. He said this property was dedicated to the City.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution No. 2018-015 authorizing execution of an agreement to convey real property between the Mario Pedrozzi Scholarship Foundation and the City of Livermore to acquire five parcels located in the N Street right-of-way for the purposes of developing the Chestnut Square Project (VTTM 8358), and appropriation of $80,000 in City Housing Trust funds (F611) to pay for legal costs described in the agreement and for associated property transfer and escrow costs.

6.02 Discussion and direction regarding the disposition of City-owned residential units located at Station Square.

Recommendation: Staff recommended the City Council adopt a resolution approving the Disposition Plan for five City-owned residential units located in the Station Square development, including authorizing issuance of appropriate noticing, and negotiation of purchase and sale agreements with Tri Valley REACH, Inc. and eligible tenants opting to purchase their units, as well as associated loan, regulatory and resale restriction agreements, and appropriation of $86,350 in In-Lieu Housing Fund to pay for relocation services, replacement housing assistance for tenants, and repairs and cleaning to prepare units for sale. Location: 153 Gillette Place #106, 153 Gillette Place #110, 161 North L Street #103, 161 North L Street #113, 1921 Depot Drive #113.

Housing Program Manager Frances Reisner presented the staff report.

In response to questions by CM Spedowfski, Assistant Community Development Director Eric Uranga said the tenants were on month-to-month rental agreements. He said the tenants were made aware of the options over the course of the last few months.

Mayor Marchand invited public comment.

Angie Marshall, Livermore, said she was a resident in one of the units and questioned the City's Affordable Housing Program.

Pat O'Brien, TriValley REACH, spoke in support of the item. He said there had been a 28 year relationship with the City and thanked the City for its continued support.

There were no more speakers.

In response to questions by the City Council, Assistant Community Development Director Eric Uranga said the First Time Homebuyer's Program was not federally funded. He said the City's guidelines and policies were established and approved by Council. There had been many past applicants that had been rejected in the past for the same reason as Ms. Marshall. By 2019, she could qualify in the Inclusionary Housing Program. He said this was a consistent application of the rules.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO DISPOSE OF THE VACANT UNIT TO TRIVALLEY REACH AND FOR STAFF TO BRING FURTHER INFORMATION ON THE REMAINING FOUR UNITS AND THE AFFORDABLE HOUSING PROGRAM.

Mayor Marchand said Items 6.03 and 6.04 would be presented concurrently.

6.03 Discussion and direction regarding a resolution approving the Livermore-Pleasanton Fire Department Joint Powers Authority amended and restated agreement between the City of Livermore and the City of Pleasanton.

Recommendation: The Livermore-Pleasanton Fire Department Joint Powers Authority Board of Directors recommended the City Council adopt a resolution approving the Livermore-Pleasanton Fire Department Joint Powers Authority amended and restated agreement Between the City of Livermore and the City of Pleasanton.

6.02 Discussion and direction regarding a resolution approving the Memorandum of Understanding between the City of Livermore and the City of Pleasanton related to pension obligations and employment retirement benefits for personnel assigned to the Livermore-Pleasanton Fire Department Joint Powers Authority.

Recommendation: The Livermore-Pleasanton Fire Department Joint Powers Authority Board of Directors recommended the City Council adopt a resolution

approving the MOU between the City of Livermore and the City of Pleasanton related to pension obligations and employment retirement benefits for personnel assigned to the Livermore-Pleasanton Fire Department Joint Powers Authority. The effective date of the MOU is contingent upon when the Amended and Restated LPFD JPA Agreement takes effect.

City Manager Marc Roberts presented the staff report.

ON THE MOTION OF CM SPEDOWSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATIONS FOR ITEMS 6.03 AND 6.04 AND ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution No. 2018-016 approving the amended and restated agreement between the City of Livermore and the City of Pleasanton for the Livermore-Pleasanton Fire Department Joint Powers Authority.

Resolution No. 2018-017 approving the memorandum of understanding between the City of Livermore and the City of Pleasanton related to pension obligations and employment retirement benefits for personnel assigned to the Livermore-Pleasanton Fire Department Joint Powers Authority.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Sunflower Hill CM Coomber requested an update on Sunflower Hill and an update on the contract for their work at Hagemann Farm. Council consensus.

Stopwaste.org CM Carling said he had attended several meetings. There were discussions on reducing the amount of food going to the landfill and the creation of a Smart Cafeteria program.

League of California Cities CM Carling said he attended the recent meeting.

Downtown Plan CM Carling requested drawings of the locations of parking, temporary parking and drop-off zones be included in the Downtown Plans. Council consensus.

Livermore Amador Valley Transit Authority CM Spedowfski said he attended the February 5, 2018 board meeting. There was discussion on a contract for autonomous vehicle testing in Dublin and a presentation of the rehabilitation of the historic train depot.

Train Depot CM Spedowfski requested an update on the recreation of the chimney at the depot. Council consensus.

East Bay Community Choice Energy Joint Powers Authority CM Spedowfski said on February 7, 2018 he attended the meeting. The energy program will be rolled out to commercial users this spring.

Community Update & Outreach CM Spedowfski requested the same level of Downtown Plan outreach to include paid newspaper advertisements. Council consensus.

Downtown Plan VM Woerner received consensus from the Council to direct staff on the following:

. Display case at entrance of Stockmen's Park for drawings and renderings.

. Display at library of the Downtown Plan along with newsletter updates.

. Posters featuring the Downtown Plan in downtown business windows.

. Create FAQ aka anti rumor mill.

. Evaluation of phasing options.

. Cliff notes version of land use purchases and implications of the housing element.

. May 19th, 2018 Groundbreaking of Stockmen's Park - coordinate with Stockmen, Livermore Downtown Inc. and others to ensure success of the event.

Mayors Conference Mayor Marchand said he attended the U.S. Conference of Mayors in Washington DC.

Night to Shine Mayor Marchand said on February 8, 2018 he attended the event.

Housing Solutions Forum Mayor Marchand said on February 9, 2018 he participated in the forum.

Rally for Love Mayor Marchand said on February 11, 2018 he attended the event.

Alameda County Transportation Commission Mayor Marchand said on February 12, 2018 he attended the I580 Express Lane meeting and the Planning Policy Committee meeting.

Airport Mayor Marchand requested an update on services and hangars at the airport.

8.

ADJOURNMENT - at 9:16 pm to a regular City Council meeting on Monday, February 26, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK