MARCH 26, 2018

________________________________________________________________

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

Livermore Girls Scouts conducted the flag ceremony.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring March 12-18, 2018 as Girl Scout Week.

Mayor Marchand presented the proclamation to the Girl Scouts in attendance.

2.02 Proclamation declaring April 2018 as Community Service Recognition Month.

Mayor Marchand presented the proclamation to Maintenance & Golf Operations Manager Jeff Shafer. Also in attendance were Tom Doyle, Park Supervisor, Livermore Area Recreation and Park District; and Glenn Sherman, Assistant Director of Maintenance, Operations and Facilities, Livermore Valley Joint Unified School District.

2.03 Proclamation declaring April 8 - April 14, 2018 as National Library Week. Mayor Marchand presented the proclamation to Library Services Director Tamera LeBeau.

2.04 Livermore Area Youth Advisory Commission annual update.

Livermore Area Youth Advisory Commission Chair Marguerite Rosendin presented the update.

3.

CITIZENS FORUM

David McGuigan, Livermore, continued speaking regarding the Mayor and the Livermore Police Department.

Patricia Munro, Livermore, spoke regarding a private telephone survey being conducted on current Livermore issues.

Julie, Livermore, spoke regarding being a single parent who is homeless in Livermore.

Greg Scott, Livermore, spoke regarding the homelessness issue.

Jacob Anderson, Livermore, spoke regarding financial contributions and expenditures made by the former Friends of Livermore, aka the Community Group, and politically motivated ads in the Independent.

Nancy Rodrigue, Livermore, spoke regarding supporting Senate Bill 1316, for the permanent preservation of Tesla Park and requested a letter of support from the City Council.

Connie Kopps, Livermore, spoke regarding several items including social media, data mining, privacy, the chance of high-density housing in Springtown and homelessness.

Karl Wente, Livermore, spoke regarding good government, a well-funded motivated group, and encouraged moving forward on the downtown.

Neil Herrick, Livermore, spoke regarding the American Cancer Society Relay for Life in Dublin, June 23, 2018, 9:00 am through June 24, 2018, 9:00 am.

John Stein, Livermore, spoke regarding the telephone survey and the election related questions, who funded the poll, the purpose and whether the results will be made public; the number of trains Southern Pacific will allow on lines vs ACE; ways to address requests for sewage capacity with regards to septic; repair of the wall on Holmes; plans to increase tree planting due to drought related deaths; plan for the City's contribution for the extension of BART to Isabel; impact of the SAGE development on the scenic corridor.

Rachael Snedecor, Livermore, spoke regarding the Dine Out Around the Road show featuring Livermore, which will air in the Bay Area on April 7th at 12 noon, and available on the KGO 7 Facebook link.

Keith Jess, President, Livermore Yotsukaido Sister City Organization spoke regarding the recent visit of delegates from Yotsukaido and the organization's 40th anniversary.

4.

CONSENT CALENDAR

Mayor Marchand removed Item 4.07 from the agenda.

Item 4.08 Connie Kopps, Livermore, spoke regarding mapping, boundaries and the Springtown alkali sink.

VM Woerner spoke regarding the Altamont Landfill Open Space Committee, building a fund to preserve land for open space, lack of land to buy and being proactive in identifying lands to preserve.

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

4.01 Approval of minutes - February 26, 2018 regular City Council meeting.

4.02 Resolution 2018-025 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.03 Resolution 2018-026 authorizing acceptance for permanent maintenance and release of security for the 2017 ADA Access Ramps, Project No. 2015-17.

4.04 Resolution 2018-027, Resolution 2018-028 and Resolution 2018-029 authorizing execution of a subdivision improvement agreement; accepting Parcel Map 10525 with the exception of Livermore Outlets Drive, Wolf House Road, Public Utility Easement, and Emergency Vehicle Access Easement; execution of the agreement for delayed payment of El Charro Specific Plan shared infrastructure obligation and execution of the Livermore Municipal Airport access and parking land lease. Location: Wolf House Drive.

4.05 Resolution 2018-030 delegating discretionary approval of plans and specifications for Public Works contracts to the City Engineer, and authorizing the City Manager to award predevelopment, design, and construction contracts for work associated with the Downtown Work Program, and increasing the base contract price by $550,000 for street resurfacing to include downtown temporary parking improvements, CIP 2016-01.

4.06 Resolution 2018-031 approving the Altamont Settlement Agreement Education Advisory Board's Expenditure Plan, in the amount of $550,000, for FY 2018-19.

4.07 Resolution authorizing execution of a lease agreement with SAAB13, LLC for a restaurant at the Livermore Municipal Airport.

Item 4.07 was removed from the Agenda.

4.08 Resolution 2018-032 accepting the Altamont Landfill Open Space Committee's recommendation to accept a list of general priority areas, and expend up to $23,650 for strategic planning and conservation evaluation consulting services with the University of California, Berkeley.

4.09 Resolution 2018-033 directing the City Engineer to file the Annual Engineer's Report for the City's Landscape Maintenance Districts.

4.10 Resolution 2018-034 amending Resolution 2013-102 authorizing examination of Sales and Transactions and Use Tax Records under Revenue and Taxation Code Section 7056.

4.11 Resolution 2018-035 adopting the City of Livermore salary plans as of April 2, 2018 and April 30, 2018, in accordance with California Code of Regulations, Title 2, Section 570.5.

4.12 Resolution 2018-036 authorizing participation in the Alameda County Operational Area Emergency Management Organization.

5.

PUBLIC HEARINGS

5.01 Hearing to consider 2017 Housing Element Annual Progress Report, which tracks the City's progress in implementing the Housing Element of the General Plan, pursuant to Government Code Section 65400.

. Location: Citywide
. Applicant: City of Livermore
. On-site and off-site public improvements: None
. Site Area: Citywide
. Zoning: Various
. General Plan: Various
. Historic Status: None
. CEQA: NA
. Application Number: Project Tracking 18-009

Recommendation: Staff recommended the City Council adopt a resolution accepting the 2017 Housing Element Annual Progress Report.

Associate Planner Lori Parks presented the staff report.

In response to questions by CM Coomber, Assistant Community Development Director Eric Uranga said units will be included in Chestnut, for seniors and the homeless; in the Vineyard project, all 24 units will be for homeless in addition to 10,000 square feet of commercial space for homeless services such as Open Heart Kitchen, Axis health care, showers, clothing services and Abode counseling. The City is working with the faith community to expand services. Existing apartments at Owls Landing and Stoney Creek will have eight units each available for the homeless as the units become vacant.

In response to questions by CM Spedowfski, Community Development Director Paul Spence stated the cities were left to provide the support and the City is doing everything it can to pursue creative funding sources. The Regional Housing Need Allocation (RHNA) numbers are high as well as the demand in the Bay Area.

In response to questions by VM Woerner, Mr. Uranga said Livermore does better than most surrounding communities and spoke regarding upcoming projects and a minimum of $100,000 of local subsidy needed to build one low-income housing unit.

Mayor Marchand opened the public hearing.

Andrew Barker, Livermore, said the Council did not take the plan seriously, and spoke regarding the $100,000 subsidy per low-income unit being about equal to 1.5 parking spots, minimum density per acre and the goals of the plan.

Greg Scott, Livermore, questioned the metrics of the homeless in the community, the homeless survey, and grant funding.

There were no more speakers and the hearing was closed.

ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2018-037 accepting the 2017 Housing Element Annual Progress Report.

6. >MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding the California Voting Rights Act of 2001.

Recommendation: Staff recommended the City Council provide direction.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

Nate Moore, Livermore, expressed concern about increased costs and said the voters of Livermore should decide on voting districts.

Rifka Several, supported moving slowly on this issue and said the voters should determine whether the City should have voting districts.

Tamera Reus, Livermore, spoke of the costs and said district elections along with eliminating the campaign contribution limits was too many changes and not enough time to implement before the next election.

Jacob Anderson, Livermore, said district elections would give a voice to people who feel they do not have a voice.

Nancy Mulligan, Livermore, spoke in opposition to voting districts.

Jean King, Livermore, asked if there was a problem that required the City to have district elections and how having districts would solve the problem and said districts would divide, rather than unite the City.

Joan Green, Livermore, read a statement from Walter Davies opposing districts.

Michael Fredrich, Livermore, spoke in opposition to district elections.

Evan Branning, Livermore, spoke in support of voting districts in Livermore.

Brent, Livermore, said he wanted the freedom to choose who to vote for, and taking the time to study districts elections.

John Stein, Livermore, spoke regarding the outcome of district elections in other cities, how districts would be set up, and why try to fix something that is not broken.

Denise Leddon, Livermore, said now was not the right time for voting districts.

There were no more speakers.

CM Carling said not to rush, take time, get public input, and resolve unanswered questions.

In response to questions by CM Carling, City Attorney Jason Alcala clarified the distinction between voluntarily initiating the process and judicial oversight. He said there would be a demographer, districts would be drawn by population of equal proportions, and would be based on the 2010 census.

In response to questions by CM Spedowfski, Mr. Alcala stated there was a safe harbor of 135 days, spoke of the outcome of recent cases and that the City has local control.

VM Woerner stated that after the idea of districts was brought up at the last Council meeting, he asked that staff come back with information; there was no intent to rush. He stated the campaign contribution limit was removed due to the incredible amount of money spent by a PAC in support of candidates. He said the issue is moot for this election and we will respond when we need to.

In response to questions by VM Woerner, Mr. Alcala stated that the trend to moving toward districts has shown no sign of reversing; the City would have 135 days to adopt resolutions and limit attorney fees to $30,000; and districting for the November 2018 election is not conceivable.

CM Coomber said he was concerned that a district representative would be more inclined to resolve issues from their district, not for the community as a whole; and encouraged the younger demographic to run for office.

CM Spedowfski spoke regarding discussing and preparing for districts, going at our own pace for as many elections as possible, and minimizing the impact of district elections.

CM Carling stated that there is a segment of the City's population that is underrepresented.

In response to questions by Mayor Marchand, Mr. Alcala stated that he had not encountered a situation where a city had placed an initiative on a ballot to make the transition from an at-large district to a by district district-based election system and then was faced with a challenge afterwards. If the ballot were to go forward and be approved, Council would define the districts after the fact. If the electorate voted it down, the City would have exposure under the California Voting Rights Act.

Mayor Marchand reiterated that we needed to proceed in the best possible, most thoughtful and transparent manner so that it benefits the entire community.

THE CITY COUNCIL DIRECTED STAFF TO CONTINUE MONITORING THE CALIFORNIA VOTING RIGHTS ACT.

6.02 Discussion and direction on the 2018 Livermore State and Federal Legislative Platform.

Recommendation: Staff recommended the City Council adopt resolutions approving the 2018 Livermore State and Federal Legislative Platform and supporting related upcoming California ballot measures.

Assistant to the City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Andrew Barker, Livermore, spoke regarding the seriousness of the affordable housing situation in California, control at the statewide level, and SB 827.

John Stein, Livermore, spoke regarding the Delta shifting water to the users, Delta smelt, and the City's water supply.

There were no more speakers.

In response to questions by CM Spedowfski, Public Works Director Darren Greenwood stated that the wording on the 2018 Livermore State and Federal Legislative Platform, Water, #2, could be changed from support legislation to monitor legislation.

In response to comments about work-force housing made by Mr. Barker, Mayor Marchand spoke regarding the need to go after the cities that have jobs/housing imbalance greater than two, three or four, and the need to target housing where there is job creation, which would supersede local control.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE RECOMMENDATION WITH THE FOLLOWING AMENDMENT TO THE 2018 LIVERMORE STATE AND FEDERAL LEGISLATIVE PLATFORM: WATER, #2, CHANGED FROM SUPPORT TO MONITOR. THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2018-038 adopting the City of Livermore 2018 State and Federal Legislative Platform, Resolution 2018-039 supporting Proposition 68; Parks, Environment and Water Bond (2018), Resolution 2018-040 supporting Proposition 69; Transportation Taxes and Fees Lockbox and Appropriations Limit Exemption Amendment (2018), and Resolution 2018-041 supporting the Veterans and Affordable Housing Bond Act of 2018.

6.03 Discussion and direction regarding the Downtown Synopsis and Frequently Asked Questions.

Recommendation: Staff recommended the City Council provide direction.

Planning Manager Steve Stewart and City Engineer Cheri Sheets presented the staff report.

Mayor Marchand invited public comment.

Nate Moore, Livermore, spoke regarding downtown parking, double use of hotel parking spaces, and handicapped parking.

Rifka Several, Livermore, spoke regarding the need for handicapped parking near the Bankhead and citizen engagement opportunities.

Kelly Cousins, Tri-Valley Arts Career Center Exploratory Committee Chair, said they had commitments for funds necessary to engage a consultant to conduct a feasibility study of the proposed Arts Career Center; and the alternate use of parking spaces for the Career Center.

In response to questions my Mayor Marchand, Ms. Cousins said that parking would be included in the study as well as alternate sites.

Jeff Kaskey, Livermore, spoke regarding the repayment of the affordable housing funds, incorporating housing micro-units, and parking.

David Rounds, Livermore, spoke regarding concerns surrounding open space versus performance space, and questioned measurements on the City's plan.

Maryann Brent, Livermore, stated disappointment in the site plan and supported movement of the hotel to the west side.

Denise Leddon, Livermore, spoke regarding moving housing units out of the Downtown square, and Council supporting the citizens over the developer.

Nancy Mulligan, Livermore, read a statement from Don Smith requesting documents supporting the City's claim that housing must be placed on the Downtown development property. Ms. Mulligan spoke in support of an eastside parking garage and handicapped parking.

Jean King, Livermore, spoke regarding parking, open space, and housing in the Downtown.

Michael Fredrich, Livermore, spoke regarding open space, a park environment, and parking.

John Stein, Livermore, spoke regarding a shared structure for the black box theater, arts center and museum, with a shared lobby and restrooms.

Rachael Snedecor, Livermore Downtown Inc, spoke in support of adding more factual information; the increase of ADA parking in the various lots, and updating the fact sheet to reflect a new count for ADA parking in the entire Downtown.

CM Spedowfski stated that the documents were an accurate representation of what was discussed during the process.

CM Coomber spoke regarding finding an alternative site for half the proposed housing, allowing expansion of green space on L Street.

Mayor Marchand spoke regarding the 2.25 acres versus 3.5 acres of open space, a large open green space where people could gather, fewer pathways, placement of the hotel, protecting the town character and lack of community support for micro unit housing,

In response to questions by Mayor Marchand, Mr. Stewart confirmed there was little support for micro units.

VM Woerner stated that the request for proposal for the landscape architect was out and the whole design would be integrated as one park.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO AMEND ATTACHMENT 1, HOTEL, #1, TO ADD THE FOLLOWING SENTENCE: THE COUNCIL DECISION ACCOMPLISHED THE COMPETING INTERESTS OF THE PROTECTION OF BLACKSMITH SQUARE AND THE WIDE SUPPORT FOR A HOTEL PRESENCE ON SOUTH LIVERMORE AVENUE.

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

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

8.

ADJOURNMENT - at 11:26 pm to a regular City Council meeting on Monday, April 9, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST: