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MARCH 23, 2015 ________________________________________________________________
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 Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner. 1.02 PLEDGE OF ALLEGIANCE 2. PROCLAMATIONS AND PRESENTATIONS - None. Ramin Ahmed, Chief Executive Officer, Tree of Life, spoke regarding the on-going legal issues with his business. Derek Baker, spoke regarding the recent police activities at the Tree of Life. Jacqueline McGowan, spoke regarding the multi-city task force that executed a search warrant on the Tree of Life. Bruce Shore, Livermore, spoke regarding how much he and his wife enjoyed performances at the Bankhead Theater and thanked the Council for making the Bankhead Theater possible. Brooks Sines, Livermore, spoke in support of medicinal cannabis and said he used a delivery service. He said there should be more attention toward eliminating graffiti. Eric Duke, spoke in support of a local dispensary. He said he presently had to use a delivery service or pay for transportation to obtain his medicinal cannabis. Tim Eandi, Top Shelf Delivery Service, spoke in support of medicinal cannabis. Delfina Cacillas, speaking through a translator, spoke regarding the dangerous working conditions for recycling workers. Pedro Sanchez, speaking through a translator, spoke regarding the dangerous working conditions for recycling workers. Mike Kremer, Livermore, said he was a backyard beekeeper and requested a variance to maintain two beehives in his backyard. Don Meeker, Livermore, spoke regarding Livermores liquor licensing in 1907. Laning Thompson, Interfaith Housing, provided information regarding the non-profit corporations purpose of providing rental housing and facilities to meet the physical and social needs of senior citizens. Heidi Grossman, Sacramento Normal, spoke regarding her involvement with medicinal cannabis dispensaries and in support of the Tree of Life. She requested the Council schedule the topic on the next meeting agenda for discussion. Shelby Lucero, Courtland, spoke in support of medicinal cannabis and the Tree of Life. John Stein, Livermore, spoke regarding the Sunset Office Plaza. He urged the Council to not approve the rezoning for the conversion of office space to residential. In response to questions by Mayor Marchand, City Manager Marc Roberts said staff had followed Councils direction to contact the Citys recycling contractor regarding the recycling workers. He said the information was currently undergoing peer review and the final report would be presented to the Council in late April or May 2015. In response to questions by Mayor Marchand, City Attorney Jason Alcala said the City adopted an ordinance in 2007 that prohibited medicinal cannabis dispensaries as a land use. He confirmed that the City had land use authority. He said that anyone that opened a dispensary after the ordinance was adopted in 2007 did so knowing the City had an ordinance prohibiting dispensaries. He said this was not a matter of discrimination but prohibition against that particular land use. Item 4.03 CM Gary said it appeared the economics of the public-private partnership at the Las Positas Golf Course were not working. He said the losses experienced at both golf courses needed to be closely examined to determine the level of subsidy being given to golf. He said he supported replacing the air conditioning as requested but he wanted more financial information and analysis on the current situation. CM Woerner supported CM Garys request. He suggested in addition to the economic review there be a discussion on how golf aligned with the Councils goals and objectives. In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said the difference in cost between a residential and commercial HVAC system was due to restaurants having active commercial kitchens, high patron and pedestrian turnover, and high energy electrical appliances and equipment. Mayor Marchand confirmed that there would be a future discussion regarding the land use at the golf courses and the long-term viability of the golf course and the enterprise. In response to questions by VM Turner, City Manager Marc Roberts said the City owned the clubhouse building and was contractually obligated for repair and maintenance. He said the replacement was time-sensitive in order to keep the building habitable. He said maintenance and repairs at the building would be done in the most efficient and cost effective manner possible. ON THE MOTION OF CM GARY, SECONDED BY VM TURNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.01, APPROVED 4-0-1, CM SPEDOWFSKI ABSTAINING. 4.01 Approval of Minutes - March 9, 2015 regular City Council meeting. 4.02 Resolution 2015-027 authorizing execution of a lease agreement with the Federal Aviation Administration to operate air traffic communication equipment on Airport property. 4.03 Resolution 2015-028 authorizing appropriation of $225,000 from the General Fund in Fiscal Year 2014-15 for the replacement of the HVAC system at the Las Positas Golf Course Clubhouse. 4.04 Resolution 2015-029 authorizing execution of a Low Income Housing Agreement with KB Home South Bay Inc. for the Artero subdivision located at Las Flores Road and Bluebell Drive. 4.05 Resolution 2015-030 accepting for permanent maintenance and releasing of security for the Cayetano Park improvements. (Shea Center Livermore, LLC and Shea Homes at Montage Inc.) 4.06 Resolution 2015-031 authorizing execution of an agreement with JMB Construction, Inc., in the amount of $494,762, for construction of the Brisa Street Sanitary Sewer Mainline Bottlenecks Project; approving a $200,000 supplemental appropriation; and authorizing execution of a Pipeline Crossing Agreement with Union Pacific Railroad Company, to construct the project. 4.07 Resolution 2015-032 authorizing execution of an agreement with Maze & Associates, in an amount not to exceed $126,575, for auditing services for Fiscal Year 2014-2015. The staff reports for Items 5.01, 5.02, and 5.03 were presented concurrently by Senior Planner Steve Stewart, Associate Planner Lori Parks, Housing and Human Services Specialist Frances Reisner, and Lisa Wise, Consultant. 5.01 Hearing to consider the Annual Progress Report, which tracks the Citys progress in implementing the Housing Element of the General Plan, pursuant to Government Code Section 65400.
- Location: Citywide 5.02 Hearing to consider a request to amend the Livermore Development Code to add a definition of supportive housing that is distinct from transitional housing, list transitional and supportive housing as permitted residential uses in Transect Zones and the Suburban Multiple Residential (RG) Zoning District, and other conforming Development Code modifications necessary to implement the new supportive housing land use definition.
- Location: Various 1) Adopt a resolution adopting a Negative Declaration and certifying the environmental document; and 2) Introduce an ordinance amending Chapter 11.01, to clearly define emergency shelter, supportive housing, and transitional housing; and Chapter 3.02 (Transect Zones) and Chapter 3.03 (Non-Transect Zones) to list supportive and transitional housing as permitted uses in Transect Zones that allow residential uses and the Suburban Multiple Residential (RG) Zoning District. 5.03 Hearing to consider the 2015-2022 Housing Element of the General Plan.
- Location: Citywide In response to questions by CM Woerner, Senior Planner Steve Stewart said the employment and population 2010-2020 projections were obtained from regional sources and provided in five to ten year increments which made it undeterminable if the City was on track to meet the estimates. He said the Citys General Plan was the document that would guide the population and housing growth. In response to questions by CM Spedowfski, Housing and Human Services Specialist Frances Reisner said the low number of applicants for the first time home buyer and home repair programs was due to a combination of factors. She said Code Enforcement provided program information to homeowners. She said the program was effective in regards to minor home repair grants, but overall the program was not highly utilized. She said the program could be expanded by increased funding and additional outreach. In response to questions by CM Spedowfski, City Manager Marc Roberts said Livermores fastest growth period was from the early 1960s to the mid 1970s. He said the population projections per household reflected that a large number of families had aged through the system. He said additionally the percentage of households that had two parents and children present had declined from over 20 years ago. He said it was too early in the economic recovery for co-locating to be reflected in the data sources. In response to questions by CM Spedowfski, Consultant Lisa Wise clarified that the area median income (AMI) was a county-derived number. In response to questions by CM Spedowfski, Mr. Stewart said the growth determination rate of 450 homes per year reflected the growth rate previously adopted by Council and implemented in the Citys housing implementation program. He said rate represented an approximately 1.5% annual growth rate. He said the last time the City had met that goal was prior to the recession. In response to questions by VM Turner, Ms. Reisner said the home repair programs were typically fully subscribed each year; demand for the down payment assistance programs has been limited due to increasing market conditions and rising prices of housing. She said additional marketing and outreach for this program was being done. Mayor Marchand opened the public hearings for Items 5.01, 5.02, and 5.03. Alex Gonzales, Livermore, said the home buyer assistance program was under-served due to current government regulations under the Frank Dodd Act that made it difficult to do a loan with any bond programs within the State. He said there might be a need in the community, but very few lenders were willing to lend on anything that had a bond program attached to it. There were no more speakers and the hearings were closed. CM Gary encouraged staff to continue to find new and innovative ideas to meet the communitys housing needs. In response to questions by Mayor Marchand, Mr. Roberts said the City was required by the State to provide the zoning for homeless shelters, but private groups or the marketplace were needed to create these facilities. He said the surrounding cities did not have the symbiotic interaction between the community groups passionate about creating the use and the communities that were allowing the use. In response to questions by Mayor Marchand, Mr. Stewart said most of the state funding received by the City supported capital and operational programs that provided rental assistance, homelessness prevention, and other services intended to help people secure and maintain housing. He said that similar to many other state and federal programs, those programs did not include funding to help implement them. ON THE MOTION OF CM WOERNER, SECONDED BY VM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ACCEPTED THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2014. ON THE MOTION OF CM GARY, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE: Resolution 2015-033 adopting a negative declaration and certifying the environmental document (Development Code Amendment 15-001). Ordinance introduced amending Chapter 11.01 (Definitions) to clearly define emergency shelter, supportive housing, and transitional housing; and Chapter 3.02 (Transect Zones) and Chapter 3.03 (Non-Transect Zones) to list supportive and transitional housing as permitted uses in Transect Zones that allow residential uses and the Suburban Multiple Residential (RG) Zoning District. ON THE MOTION OF VM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2015-034 amending the Livermore General Plan to adopt the 2015-2022 Housing Element (General Plan Amendment 15-001). 5.04 Hearing to consider amendments to the development agreements with CrossWinds Church, a religious non-profit corporation and property owner of two parcels within the El Charro Specific Plan area. The proposed amendments modify the allocation of funds for certain developer obligations and clarify how borrowed funds will be reimbursed. In addition, the Cottonwood Creek Partners development agreement is being amended to incorporate alternate financing to construct their Supplemental Improvements.
- Location: Southeast quadrant of El Charro Road and Interstate 580 Recommendation: Staff recommended the City Council introduce an ordinance to authorize execution of Development Agreement Amendment 15-002 with CrossWinds Church; and introduce an ordinance to authorize execution of Development Agreement Amendment 15-002 with Cottonwood Creek Partners, LLC. City Engineer Cheri Sheets presented the staff report. Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed. ON THE MOTION OF VM TURNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCES: Ordinance introduced authorizing execution of the third amendment (DAA 15-002) to Development Agreement 07-002 between the City of Livermore and CrossWinds Church. Ordinance introduced authorizing execution of the third amendment (DAA15-001) to Development Agreement 07-004 between the City of Livermore and CrossWinds Church (Formerly Cottonwood Creek Partners, LLC and the Terrill Company). 6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None. 6.02 Discussion and direction regarding City Council Fiscal Years 2015-2017 Goals and Priorities. Recommendation: Staff recommended the City Council provide direction and approve the Fiscal Years 2015-2017 Goals and Priorities and proposed two-year work plan. Assistant City Manager Jenny Haruyama presented the staff report. CM Gary said the goals and priorities were accurately captured. He said the work plan needed to be a living, workable document and encouraged staff to return to Council in advance if target dates for completion were not achievable as outlined. CM Woerner requested amending the 2015-2017 Goals and Priorities to divide Goal #4 - Regional Water and Transportation into two separate items. He said each item was a huge goal and should be addressed separately. In response to questions by CM Woerner, City Manager Marc Roberts said point people were generally assigned to each task outlined in the work plan. He said the Goals and Priorities was a document that provided input to the preparation of the Citys budget. He said the work plan was a realistic list of things to do; it was a living document and there would be quarterly updates. Mayor Marchand suggested that Zone 7 take the lead on the Regional Water Infrastructure with assistance from the City. VM Turner referred to Goal #5, Item 5, and expressed appreciation to staff for adding 'affordable housing issues.' CM Spedowfski expressed appreciation for the accurate capture of his comments and suggestions from the Goals and Priorities Workshop. He supported CM Woerners suggestion to separate Water and Transportation into two separate goals. CM Gary said he supported splitting Water and Transportation into two separate goals. Mayor Marchand invited public comment. John Stein, Livermore, asked for clarification on Goal #3, Item 2D. He said the community preferred to have the downtown parking structure in place before the Lucky site was developed. He also spoke regarding recycling, financial stability, and transportation on State Route 84. ON THE MOTION OF CM WOERNER, SECONDED BY VM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE FISCAL YEARS 2015-2017 GOALS AND PRIORITIES AND THE PROPOSED TWO-YEAR WORK PLAN AS AMENDED TO DIVIDE GOAL #4 - REGIONAL WATER AND TRANSPORTATION INTO TWO SEPARATE ITEMS, WITH REGIONAL WATER BEING ITEM NUMBER SIX. 6.03 Discussion and direction regarding pending State or Federal legislation. None. 7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members. Employee Service Awards CM Spedowfski said he attended the awards ceremony on February 24, 2015. Tri-Valley City Council Meeting CM Spedowfski said he attended the meeting on February 25, 2015; there was a legislative update. Cayetano Park CM Spedowfski said he attended the grand opening on February 28, 2015. Wheels CM Spedowfski said he attended the meeting on March 2, 2015; the Board approved the Comprehensive Operations Analysis. He also attended the March 23, 2015, Projects and Services Committee meeting; there was a discussion on improving the on-time service of buses. Police Department CM Spedowfski said he attended the community meeting in North Livermore on March 11, 2015. Tri-Valley Transportation Council (TVTC) CM Spedowfski said he attended the Finance Sub-Committee meeting on March 13, 2015; there was an update on population projects for the region. Science and Engineering Fair CM Spedowfski said he attended the 4th Annual Synopsis for the Alameda County Science and Engineering Fair on March 22, 2015. Livermore Downtown Inc. CM Gary said he attended the monthly Board meeting; there was a discussion on smoking in the downtown and the proposed smoking ordinance. Drought CM Gary requested staff establish a baseline to assist water customers in monitoring their conservation efforts. Additionally, he requested this information be included with water bills for both Livermore Municipal Water and California Water Service Company. There was consensus from Council on this item. CM Woerner requested the information also include Zone 7. Bee Permits CM Gary requested staff to explore alternative locations including, but not limited to, non-residential locations for safe beekeeping. There was consensus from Council on this item. Intergovernmental Agencies CM Woerner said he attended the quarterly meeting along with CM Gary. He said there was a discussion on comparing goals and priorities between the park and school districts to avoid overlap and alignment to maximize the efforts between the three agencies. Tri-Valley Conservancy CM Woerner said he attended the meeting; there was a discussion on open space preservation. VM Turner did not have a report. Key to the City Mayor Marchand said he welcomed the inaugural group of citizens to the program on March 10, 2015. Mayors Conference Mayor Marchand said he attended the Alameda County Mayors Conference in Oakland on March 11, 2015; there was a presentation on community policing strategies. Local Area Formation Commission (LAFCo) Mayor Marchand said he attended the meeting on March 12, 2015; there was a vote on the annexation for solid waste in the Five Canyons area and an overview on the Comprehensive Transportation Plan for the Alameda County Transportation Commission (ACTC). Yotsukaido, Japan Mayor Marchand said he met with twenty students from Livermores sister city of Yotsukaido, Japan on March 13, 2015. Veterans Hospital Mayor Marchand said he met with the Executive Director for the Office of Construction and Facilities Management for the Department of Veterans Affairs on March 17, 2015, to discuss strategies for the repurposing of the facility. Hindu Community and Cultural Center Mayor Marchand said he attended the Grant and Aid Program on March 21, 2015. Science and Engineering Fair Mayor Marchand said he attended the 4th Annual Synopsis for the Alameda County Science and Engineering Fair on March 22, 2015. American Water Works Association (AWWA) Mayor Marchand said he traveled to Washington, D.C. with the AWWA on March 17-19, 2015, to meet with Congress regarding water financing strategies, water quality and cyber security. 8. ADJOURNMENT - at 9:07 pm to a regular City Council meeting on Monday, April 13, 2015 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
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