March 14, 2016

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REGULAR MEETING

1. CALL TO ORDER - The meeting of the City Council was called to order by Mayor John Marchand at 7:04 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, Laureen Turner, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Confirmation of advisory body appointments and administration of oath of office:

Beautification Committee
Susan Lewis to an unexpired term ending June 1, 2017
Christopher Mains to an unexpired term ending June 1, 2016

Human Services Commission
Eric Hom to an unexpired term ending November 1, 2019
Marti Sutton to an unexpired term ending November 1, 2019
Stacey Swanson to an unexpired term ending November 1, 2016

Livermore Housing Authority
Richard Knowles to an unexpired term ending January 1, 2017

ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Susan Neer administered the oath of office.

2.02 Proclamation declaring March 2016 as American Red Cross Month.

Mayor Marchand presented the proclamation to Board Member Varsha Clare declaring March 2016 as American Red Cross Month.

3. CITIZENS FORUM

John Stein, Livermore, supported the City Councils direction to staff regarding studying implications surrounding development of the Isabel BART station and the impacts on the Scenic Corridor. He addressed other concerns surrounding the project.

Don Meeker, Livermore, spoke regarding the history of the Citys fire bell in years 1915 and 1916 and the electric fire bell in 1919.

4. CONSENT CALENDAR

ON THE MOTION OF CM TURNER, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - February 8, 2016 and February 9, 2016 regular City Council meeting; and February 22, 2016 regular City Council meeting.

4.02 Resolution 2016-022 supporting adoption of the revised 2016 Livermore State and Federal Legislative Platform.

4.03 Resolution 2016-023 authorizing execution of an agreement with Weir Floway, Inc., in the amount of $309,577, to provide recycled water pumps, motors, and consulting services during installation of the WRP Rehabilitation and Process Improvements, Project No. 2012-13.

4.04 Resolution 2016-024 accepting for permanent maintenance and releasing of security for Tract 7840 (Real Freedom, LLC). Location: 292 North L Street.

4.05 Resolution 2016-025 authorizing execution of the Quit Claim Deed for two non-exclusive ingress, egress, and utility easements on Crosswinds Church property. Location: Freisman Road between Livermore Outlets Drive and the Tri-Valley Golf Center.

4.06 Resolution 2016-026 declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the 2016 Fire Hazard Abatement Program, and setting a public hearing date of April 25, 2016.

5. PUBLIC HEARINGS

5.01 Hearing to consider the formation of Community Facilities District No. 2016-1 (Sage Maintenance) pursuant to the Mello Roos Community Facilities Act of 1982.

Recommendation: Staff recommended the City Council:

a. Adopt a resolution of formation of Community Facilities District (CFD) 2016-1 (Sage Maintenance);

b. Adopt a resolution calling a special landowner election for CFD 2016-1, and direct the City Clerk to conduct the election;

c. Adopt a resolution declaring the results of the special landowner election; and if the election is successful, direct the recording of the Notice of Special Tax Lien; and

d. Introduce an ordinance levying special taxes within Community Facilities District 2016-1.

Senior Civil Engineer Pamela Lung presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2016-027 of formation of Community Facilities District 2016-1 (Sage Maintenance).

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

Resolution 2016-028 calling special landowner election for Community Facilities District 2016-1 (Sage Maintenance).

Mayor Marchand directed the City Clerk to open and tabulate the ballots.

City Clerk Susan Neer announced that the landowner election ballot cast was unsigned; therefore, there were no votes to report.

City Attorney Jason Alcala said the applicant needed to submit a new petition and a new landowner election would be conducted. He said the election, the authorization for the recording of the Notice of Special Tax Lien and introduction of levying special taxes within the CFD would return to the City Council at a date to be determined.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding design concepts for the New Civic Center Meeting Hall, Project No. 2004-39.

Recommendation: Staff recommended the City Council provide direction on the schematic site plan, floor plan and architectural concepts of the New Civic Center Meeting Hall; and adopt a resolution authorizing execution of an agreement with Dougherty + Dougherty Architects, LLP, in the amount of $457,898, for final project design.

Assistant City Engineer Mike Cavalieri and City Engineer Cheri Sheets presented the staff report. The conceptual designs for the Civic Center Meeting Hall project were presented by Brian Dougherty, project architect.

In response to questions by CM Turner, Ms. Sheets said parking for the facility would be part of the overall Civic Center complex along with on-street parking. She said existing parking would be preserved for priority parking for the disabled. Brian Dougherty, project architect, said both of the proposed floor plans would be ADA accessible. He said clear visibility from the meeting hall to and from the overflow rooms would be explored.

In response to questions by CM Spedowfski, Ms. Sheets confirmed the current Emergency Operations Center (EOC) was in the Police Department conference room. City Manager Marc Roberts said expanding the current EOC was not feasible due to the building configuration. He said the current EOC was too small; however, the EOC could be divided into separate areas. He noted that support facilities, including kitchens and showers for EOC staff, were available on campus. He said the proposed facility would have an additional 1,000 square feet with ample meeting space for communications which was a key element of an EOC. Community and Economic Development Director Stephan Kiefer confirmed that the large meeting hall would be used as part of the EOC. Ms. Sheets confirmed the building was designed to FEMA standards. Mr. Cavalieri said the project construction cost was between $430-$460 per square foot.

In response to questions by VM Gary, Ms. Sheets said the two meeting rooms could be programed for EOC which would be 1,800 square feet along with the large meeting hall. Mr. Dougherty explained the floor plans were concepts and engineering needed to be refined. He said the height of some of the spaces was driven by audio-visual (AV) infrastructure to support Council meetings. He said as the design was refined, along with balancing the budget, the appropriate heights of the buildings would be closely evaluated.

In response to questions by Mayor Marchand, Mr. Dougherty said the cooling towers would be included in both floor plans.

Mayor Marchand invited public comment.

Shannon McGrail spoke regarding the need for a hotel to help promote tourism to Livermore and the wine country.

John Stein, Livermore, said he preferred Concept 1, recommended not building a flat roof, a perpendicular staff table, kitchen facility, and stone exterior that would be vandal resistant. He questioned the funding source for the project.

Jean Schuler, Livermore, read letters from Dr. Bill Goldstein, Director of Lawrence Livermore National Laboratory (LLNL), regarding the need for suitable meeting space and sufficient lodging to support the many LLNL activities.

Lynn Seppala, Livermore, spoke regarding Chapter 3 in the Downtown Specific Plan and in support of cultural facilities in the downtown.

Sandra Grafrath, Livermore, spoke in support of a downtown hotel and conference center.

David McGuigan, Livermore, said the building should match the existing complex and preferred Concept 2 on the location of Concept 1.

Jean King, Livermore, read a letter from Jeff Kaskey expressing concern for the productive use of resources for the development of the downtown conference center, hotel, and parking. Ms. King spoke regarding the General Plan Review Committee in 2003 and the Downtown Specific Plan. She said the hotel and conference center should be combined with the Council Chamber in the downtown.

Bill Dunlop, Livermore, spoke regarding LLNLs need for a hotel with 200+ rooms and a conference center in the downtown. He said he would provide data on how many LLNL sponsored events required a 200+ room hotel.

Denise Leddon, Livermore, spoke in support of a hotel and meeting and performance facilities in the downtown.

CM Woerner spoke regarding the competing needs of the community and city staff and how the needs could be accommodated by one facility, and spoke regarding the value and importance of the EOC. He said the new facility should match the existing complex and he preferred location one for safety purposes. He said the chamber should be less formal, more flexible, and he preferred the right-angle position of the staff table. He said all technology should be wireless to allow for maximum flexibility. He said there was no practicality of busing city staffing moving back and forth from City Hall to a downtown chamber. He requested kitchen facilities be included in the meeting center.

VM Gary requested the City Manager provide a brief history of the current Council Chamber and the funding for the project.

City Manager Marc Roberts said the current Council Chamber was originally leased for 3-5 years in 1987, and later purchased by the City. He said during the past 28 years, various Councils had prioritized the chamber against other needs for the overall community, including the Library, Police Station, and City Hall. Each fire station in the city has been renovated. He said there had been several options of locating the chamber in the downtown, even using the Bankhead Theater. He said this was the third process for a new chamber. He said the existing Capital Improvement Program (CIP) has slated the replacement of the chamber as one of the projects to be worked on. He explained detailed funding for the downtown parking facility and the chamber from shared certificates of participation proceeds.

VM Gary said this was the right economic intersection of ability and need. He said the chamber was the last municipal facility to be replaced. He said the Citys reserves had been repaired, unfunded liabilities had been dealt with, and there was a definite need for an appropriate EOC. He said he supported finishing the design development. He said the building needed to be set back from South Livermore Avenue to be more inclusive and closer to the parking for handicapped access. He preferred Concept 1, requested the sight lines be raised for greater visibility and contact with the audience, and flexibility with the seating.

In response to questions by CM Turner, Mr. Roberts confirmed that City staff could handle more than one project at a time; staff had not stopped working on the downtown project and were moving forward on the meeting space, hotel and residential project; and the meeting hall project was not slowing any other project down.

CM Turner said the City needed civic meeting space close to the City Hall campus. She spoke about the impacted parking in the downtown and the inability for City staff to find parking should the EOC be activated. She said public funds would be wasted by staff traveling to and from a downtown location versus the walkability of an on-campus facility. She confirmed the need for meeting space in the downtown and the projects that were currently being developed. She said the meeting hall and downtown project were two completely separate projects. She expressed safety concerns regarding the intersection of South Livermore and Pacific Avenues. She supported the location of Concept 1, the building of Concept 2 stating it should blend in with the rest of the Civic Center complex and that she liked the tower with a clock. She spoke regarding the interior of concept 2, improved AV, emergency exits, the curved dais and staff table, and requested that adequate parking be provided.

CM Spedowfski said he preferred the contemporary style of Concept 2 and the location of Concept 1 off of South Livermore Avenue. He liked the curved amphitheater style seating for improved connectivity with the audience. He said the cost of constructing new facilities would continue to rise; buildings were not getting cheaper to construct and the current building was in need of full replacement or costly rehabilitation. He spoke in support of having all of the Citys facilities in one location and the EOC was the prime example. He said he had been at nine chambers in the tri-valley area and all were located adjacent to city hall. He requested the list of city uses be expanded to include the Citizens Police Academy. He said he had full confidence that staff could manage the workload of all projects being thrown at them.

Mayor Marchand spoke in support of keeping the Civic Center Meeting Hall on the same campus. He said the existing parking would have dedicated dual purpose by serving employees during the day and attendees during the evening. He said he liked the architecture of Concept 1 to match the complex, the clock tower, the peak roof, stone with anti-graffiti coating, amphitheater seating of Concept 2 but not as steep as Dublins, and requested there be easy access to enter/exit and walkways. He received acknowledgment from the City Manager that the seating would accommodate the vast majority of meetings. He preferred staff seating to be perpendicular to the dais. He said he liked the location of Concept 2 being away from South Livermore Avenue. He suggested the use of airlock doors to prevent the wind tunnel effect. He said there was a tremendous amount of use of the building and the current facility had served its purpose.

City Manager Marc Roberts summarized the direction received from the City Council that included the building location be Concept 1, the architectural style match the complex, the interior meeting hall arrangement resemble Concept 2, review the clock tower, building heights and wireless facilities, provide adequate parking, clear sight lines between the dais and audience, clear sight lines between the staff table and the audience, and improved AV screens.

CM Woerner said this was just approval to proceed with the final project design and not construction.

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

Resolution 2016-029 authorizing execution of an agreement with Dougherty + Dougherty Architects, LLP, in the amount of $457,898, for final project design (Civic Center Meeting Hall, Project No. 2004-39).

6.02 Presentation of the Livermore Valley Performing Arts Center 2015 Annual Report.

Recommendation: Staff recommended the City Council receive the report. No action was required.

Livermore Valley Performing Arts Center Executive Director Scott Kenison presented the 2015 annual report.

The City Council expressed their appreciation for the continued and expanded programing and success of the Bankhead Theater.

THE CITY COUNCIL RECEIVED THE VERBAL REPORT.

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

City Attorney Jason Alcala said an informational memo regarding AB 1107 Transportation Sales Tax Revenue had been submitted to the City Council and was included in the administrative record for this meeting. He reported that the primary purpose of the Brown Act Committee of the League of California Cities was to educate attorneys on the developments of the act and update League publications.

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

Hindu Community and Cultural Center (HCCC) CM Spedowfski said on March 5, 2016, he attended the dedication ceremony at the HCCC for the solar project.

Livermore-Amador Valley Water Management Agency (LAVWMA) CM Spedowfski said on March 7, 2016, he attended the board meeting. The Board approved the draft route realignments and changes, in addition to the proposal for a new route called the 580X providing direct access from the transit center to BART.

Annual Employee Service Awards CM Spedowfski said on March 8, 2016, he attended the ceremony.

Livermore-Amador Valley Water Management Agency (LAVWMA) CM Turner said she attended the board meeting along with CM Spedowfski. She said the public hearing for 580X would be held at the Bankhead Theater.

Livermore Amador Valley Transit Authority (LAVTA) CM Turner said on March 23, 2016, she attended the Finance Committee meeting.

CM Woerner did not have a report.

Annual Employee Service Awards VM Gary said on March 8, 2016, he attended the ceremony.

Hindu Community and Cultural Center (HCCC) Mayor Marchand said on March 5, 2016, he attended the dedication ceremony at the HCCC for the solar project.

Annual Employee Service Awards Mayor Marchand said on March 8, 2016, he attended the ceremony where 1,060 years of service were honored that day.

Cities Association of Santa Clara County Mayor Marchand said on March 8, 2016, he made a presentation to the Association regarding BART to Livermore and BART to ACE.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on March 14, 2016, he attended the I-580 Express Lane Committee. He said the contract with California Highway Patrol for monitoring of the express lane was extended; and there was a legislative update on AB 1572 that would provide free student transit with existing school district funding.

8. ADJOURNMENT - at 9:47 pm to a regular City Council meeting on Monday, March 28, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR