March 27, 2017

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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, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner. Vice Mayor Steven Spedowfski was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said one of the cases for item three for closed session, the City Council authorized the initiation of a lawsuit. Pursuant to Government Code section 54957.1(a)(2), when the action was formally filed, which was expected to occur that week, at that time and upon request he was authorized to disclose the action, defendants, and other particulars.

2.

PROCLAMATIONS AND PRESENTATIONS 2.01 Livermore Area Youth Advisory Commission annual update.

Youth Advisory Commissioners Alejandra Arroyo and Mannu Singhal presented the update.

2.02 Livermore Valley Performing Arts Center annual update.

Executive Director Scott Kenison presented the update.

Mayor Marchand presented a proclamation honoring the April 8, 2017 Innovation Fair at the Bankhead Theater to Philomena Rambo and Kiran Galeria.

3.

CITIZENS FORUM Rachael Snedecor, Livermore Downtown Inc., provided a recap of the Livermore Half-Marathon and Fitness Fair.

David McGuigan, Livermore, asked what were the facts or circumstances related to Closed Session #4 under 54956.9(3) and continued asking questions of the Mayor regarding the police.

City Attorney Jason Alcala repeated his earlier statement made prior to Closed Session that pursuant to Government Code section 54956.9(e)(2), the fourth item for closed session related to a claim filed with the City by Jim Piper on February 24, 2016.

Connie Kopps, Livermore, spoke regarding Springtown and too much with the Park District that had not been addressed.

Adam Pine, Floral Element, spoke regarding state permits for medicinal cannabis.

Lisa Poinier, Livermore, spoke regarding the City's policy on immigration enforcement.

4.

CONSENT CALENDAR Item 4.03 Connie Kopps, Livermore, said she was concerned about the structure, the farming at Hagemann Ranch, the City's involvement and questioned whose pockets would get lined.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said Item 4.03 pertained to zoning. He said both MidPen Housing and Sunflower Hill were non-profit organizations and the approval of housing trust funds was Item 6.02 on the agenda and would be discussed later that evening.

Item 4.02 John Stein, Livermore, said adoption of the ordinance would close off the parking structure to the homeless. He questioned where the City wanted the homeless to go.

In response to comments made by the City Council, City Attorney Jason Alcala said the ordinance covered all city owned parking lots in addition to the parking structure.

Chief Harris said the ordinance would be used to protect quality of life and safety for the community. He said the ordinance was modeled off the City of Santa Barbara where there were similar issues. He said appropriate signage would be posted to notify the public.

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

4.01 Approval of minutes - February 27, 2017 and March 13, 2017 regular City Council meetings.

4.02 Ordinance introduced amending the Municipal Code to add Section 10.20.261 - City Owned Parking Lots or Structures.

4.03 Adoption of Ordinance 2050 amending the Zoning District Map of the City of Livermore. Zoning Map Amendment 16-003. Rezoning 4260 First Street from Planned Unit Development 49-89 and Open Space - Agriculture to Multiple Family Residential to permit construction of 44 affordable apartment units for adults with developmental disabilities and one multi-purpose building, and to convert an existing single-family home to offices and a manager's residence. (Sunflower Hill)

4.04 Resolution 2017-033 authorizing a Right-of-Way Agreement between the City of Livermore and Astound Broadband LLC for the installation and maintenance of broadband data communication infrastructure within the City's public right-of-way.

4.05 Resolution 2017-034 directing staff to prepare an administrative update of the 2017 Community Services and Infrastructure Report (triennial update) and appointing the Planning Commission to function as the Growth Review Committee.

4.06 Resolution 2017-035 authorizing the concurrent review of General Plan Amendment 16-005 with Development Code Amendment 16-002 and Zoning Map Amendment 16-002, which will be reviewed with Vesting Tentative Tract Map 8168 (SUB 16-006) and Site Plan Design Review 16-014. Location: 3733 First Street

4.07 Resolution 2017-036 authorizing execution of the third amendment to the agreement with Express Employment Professionals to increase the not-to-exceed amount to $475,000 and add an additional classification.

4.08 Resolution 2017-037 authorizing staff to submit a Grant Application and designate signature authority to receive funds from the California Department of Resources Recycling and Recovery.

4.09 Resolution 2017-038 directing the City Engineer to file the Annual Engineer's Report for the City's Landscape Maintenance Districts.

5.

PUBLIC HEARINGS 5.01 Hearing to consider the 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 (PT) 17-001

Recommendation: Staff recommended the City Council review and adopt a resolution accepting the Housing Element Annual Progress Report for 2016.

Associate Planner Lori Parks presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

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

Resolution 2017-039 accepting the 2016 Housing Element Annual Progress Report.

6.

MATTERS FOR CONSIDERATION 6.01 Discussion and direction regarding the City's Downtown Steering Committee; and extension of the Exclusive Negotiation Rights Agreement with Presidio Companies for a downtown hotel.

Recommendation: Staff recommends the City Council discuss and appoint representatives to the Downtown Steering Committee and confirm the scope of the Steering Committee. Staff further recommends the Exclusive Negotiation Rights Agreement (ENRA) with Presidio Companies for a downtown hotel be extended until November, 2017.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

John Stein, Livermore, said there should be an open, unstructured town meeting for the community to share their vision for the Downtown. He said most consultants have their own visions of what a downtown should look like.

Chester Moore, Livermore, said there should be a faster process and presented his plan on how to conduct a public workshop and staff's white paper should be used to start the workshop.

Ian Karlin, Livermore, spoke regarding the proposed membership and questioned residency requirements, conflicts of interest and the ethics of some of the appointees.

Jeff Kaskey, Livermore, spoke in support of the steering committee and suggested the finance committee begin factoring revenue sources. He questioned why the ENRA needed to be extended at this time.

Jean King, Livermore, said the committee needed to move rapidly, there needed to be broad based community outreach and that a broad spectrum of site plans could be designed early in the process.

CM Woerner said the scope, initial purpose and main elements needed to be identified first and then a game plan needed to be established. The committee should focus on fact-finding, and experts and participants should be invited to answer questions before the full committee in a transparent and unambiguous fashion. He did not want hearsay; he wanted to hear from Presidio, the traffic engineers, the Lab, and other downtown business owners. He said the Brown Act should be presented at the very first meeting for a full understanding of the meaning and all deliberations in a public forum.

In response to questions by CM Woerner, Community Development Director Paul Spence said extension of the ENRA was not necessary at this time.

CM Carling suggested the Brown Act material be circulated to all members now. He said he was never on the board of the Community Group, had spoken against Lennar, had resigned from the LVPAC board when elected, and did not have a conflict of interest.

CM Coomber said he wanted to get it right this time and get what the community really wanted. He said the process needed to be sped up; stressed the importance of the Brown Act and was not in support of extending the ENRA at this time.

Mayor Marchand said the finance committee needed to review that financing components were in place. There needed to be open workshops and members of the steering committee needed to solicit and gain input from their respective groups. He suggested polling the community and the key was for the hotel to be in the right location. He said the hotel and parking were the priorities and everything else would fall into place.

ON THE MOTION OF CM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPOINTED THE FOLLOWING MEMBERS TO THE DOWNTOWN STEERING COMMITTEE:

Council Member Robert Carling

Council Member Bob Woerner

Planning Commission Vice Chair Erik Bjorklund

Planning Commissioner Gina Bonanno

Resident Representative Andrew Barker

Property Owner Representative Sherry Nigg

Historic Preservation Commissioner Jeff Kaskey

Commission for the Arts Chair Monya Lane

i-Gate Drew Felker

Innovation Tri-Valley Dale Kaye

Friends of Livermore Jean King

Livermore Chamber of Commerce Dawn Argula

Livermore Community Group Joan Seppala

Livermore Cultural Arts Council Lynn Seppala

Livermore Downtown Inc. Rachael Snedecor

Livermore Forward Matt Ford

Livermore Rising Bryan Petro

Livermore Valley Winegrowers Karl Wente

LVPAC Phil Wente

The City Council directed all members were subject to the Brown Act and all rules applicable to City advisory bodies; exempt from residency requirement; not subject to Conflict of Interest reporting; appointed CM Carling as Chair, CM Woerner as Vice Chair of the Downtown Steering Committee; and confirmed the Downtown Steering Committee scope and timeline with direction for the committee to gather facts and identify the assumptions.

6.02 Discussion and direction regarding appropriation of up to $4,300,000 of City Affordable Housing Trust Funds to Sunflower Hill Livermore, L.P. for acquisition and development of the property located at 4260 First Street, and execution of related loan regulatory agreements.

Recommendation: Staff recommended the City Council adopt a resolution authorizing appropriation of up to $4,300,000 of City Affordable Housing Trust Funds to Sunflower Hill Livermore, L.P. for the acquisition and development of the property located at 4260 First Street, Livermore and execution of a Loan Agreement, Regulatory Agreement and all other related documents authorized and described in those agreements.

Housing Program Manager Frances Reisner presented the staff report.

In response to questions by CM Carling, Ms. Reisner clarified the preference requirement as a developmentally disabled adult Livermore resident or non-profit volunteer within the jurisdiction of the city.

In response to questions by CM Coomber, Ms. Reisner said the three preferences would be Livermore residents, employment in or volunteering for a non-profit in Livermore and then a Tri-Valley resident.

Mayor Marchand invited public comment.

Connie Koops, Livermore, questioned the structure and if this was the best use of the funds and the profits.

There were no more speakers.

In response to questions by Mayor Marchand, Assistant Community Development Director Eric Uranga said staff had been working with MidPen and Sunflower for two years.

Susan Houghton, Sunflower Hill L.P., said Sunflower Hill was a non-profit, in existence for five years. She said MidPen was an affordable housing expert and there was a very strong partnership to form the LLC. She said funding was a blend of California Tax Credit Financing, the Affordable Housing Loan Program from a Federal Home Loan Bank institution, City Affordable Housing Trust Funds, Alameda County A1 Bond funds, and a private mortgage loan.

The City Council spoke in support of the staff recommendation.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AS AMENDED TO INCLUDE A TRI-VALLEY SELECTION PREFERENCE SUBJECT TO CONCURRENCE WITH OTHER FUNDING PARTNERS:

Resolution 2017-040 a resolution authorizing appropriation of $4,300,000 of Affordable Housing Trust Funds to Sunflower Hill Livermore L.P. for acquisition of the property located at 4260 First Street and development of the Sunflower Hill Livermore Project; and authorizing the City Manager, or his designee, to execute a loan agreement, regulatory agreement, and all documents related to the loan and financing plan for the project.

6.03 Discussion and direction regarding the Asset Management Program for walls.

Recommendation: Staff recommended the City Council approve a new risk based prioritization approach for wall repair, rehabilitation, and replacement in the development of the Asset Management Program.

Public Works Management Analyst Anthony Smith presented the staff report.

CM Coomber said it was important to incorporate ADA accessibility.

ON THE MOTION OF CM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE RISK-BASED PRIORITIZATION METHODOLOGY AND CRITERIA.

6.04 2016 National Citizen SurveyT

Recommendation: This report is for informational purposes only. No action is required.

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

The City Council accepted the report.

6.05 Appointment of alternate to the East Bay Community Choice Energy Joint Powers Authority.

Recommendation: Staff recommends the Mayor appoint an alternate.

Mayor Marchand appointed CM Carling as the alternate to the East Bay Community Choice Energy Joint Powers Authority.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE 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.

CM Coomber said he did not have a report.

Stopwaste.org CM Carling said he attended meetings on March 9 and 22, 2017.

Sister City CM Carling said he attended events with the entourage from Sister City Yotsukaido, Japan. He said Yotsukaido had been a Sister City with Livermore for 40 years.

Livermore Downtown Inc. (LDI) CM Woerner said he attended the recent board meeting.

Intergovernmental Committee CM Woerner said on March 16, 2017 he attended the meeting along with CM Coomber. He said there were discussions pertaining to aligning the three agency's policies related to dog leash laws; a review of each agency's support for the arts and an update on park and trails inventory.

CM Woerner spoke regarding the use of personal devices for city business.

City Attorney Jason Alcala provided an update on the Supreme Court decision of San Jose v Smith. He said a briefing memo would be provided to the City Council later this year.

Local Agency Formation Commission (LAFCO) Mayor Marchand said he attended the meeting on March 9, 2017 where there was a discussion on the Eden Township Health Care District, Fairview Fire Protection District and approval of annexations for Pleasanton.

East Bay Economic Development Alliance Mayor Marchand said on March 9, 2017 he attended the Innovation Awards ceremony. He said Livermore received two awards.

China Mayor Marchand said he attended the International Alcoholic Drinks Exhibition in China.

Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the meeting on March 23, 2017. There was an update on the youth bus pass.

Meals on Wheels Mayor Marchand said March 24, 2017 was the March for Meals on Wheels event.

8.

ADJOURNMENT - Mayor Marchand adjourned the meeting in memory and honor of Herman Leider at 9:51 pm, to a regular City Council meeting on April 10, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore. APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK