APRIL 9, 2018

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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, 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

Connie Kopps, Livermore, spoke regarding accounting principles for the Public Works Department; and there should be less hotel vouchers and more permanent solutions.

2.01 Proclamation declaring May 20-26, 2018 as Public Works Week.

Mayor Marchand presented the proclamation to Public Works Director Darren Greenwood.

2.02 Proclamation declaring May 7-11, 2018 as Teacher Appreciation Week.

Mayor Marchand presented the proclamation to Kate Sorrell, Livermore Education Association.

2.03 Proclamation declaring April 2018 as Fair Housing Month. Mayor Marchand presented the proclamation to Will Durlick, East Bay Realtors Association.

2.04 Commission for the Arts Annual Update. Chair Monya Lane presented the annual update.

3.

CITIZENS FORUM

Mary and Dave, Livermore, spoke regarding Spectrum, the Meals on Wheels program, and the need for long-term funding.

David McGuigan, Livermore, spoke regarding ethics and the Livermore Police.

Catherine Myers, Livermore, spoke regarding saving the duck ponds in Springtown.

Conny Priege, Livermore, spoke regarding saving the duck ponds in Springtown.

Michelle Gallegos, Livermore, spoke regarding saving the duck ponds in Springtown.

Neil Herrick, Livermore, spoke regarding housing for seniors, veterans, and for the homeless.

Greg Scott, Livermore, spoke regarding the homeless issues.

Victoria Cristobal, Spectrum, spoke regarding the homebound elderly in the community that are served by Meals on Wheels and the need for more funding.

Connie Kopps, Livermore, spoke regarding issues in Springtown.

John Stein, Livermore, spoke regarding the status of the wetlands on the Altamont Creek and requested a brief history of the Luckys site to clarify issues regarding the repayment of the affordable housing loan.

Karl Wente, Livermore, spoke regarding good governance, ethics, and the downtown.

Lara Calvert, Executive Director, Spectrum, spoke regarding the Meals on Wheels program in the community and the need for continued funding.

Virgo Degan, Livermore, spoke regarding the duck ponds in Springtown.

4.

CONSENT CALENDAR

Mayor Marchand removed Items 4.05, 4.06, and 4.07 from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.05, 4.06, AND 4.07.

Steven Dunbar, Livermore, spoke in support of Items 4.05 and 4.07; and expressed concerns that the improvements proposed in Item 4.06 were not safe for cyclists.

Nicole Sardella, Livermore, spoke regarding Item 4.06 and the need for safer cycling in Livermore.

Evan Branning, Livermore, spoke regarding Item 4.06 and postponing approval of the item until after the bike plan is presented and approved.

Dave Campbell, Advocacy Director, Bike East Bay, said May 10, 2018 is Bike to Work Day. He said the design in Item 4.06 was dangerous and asked for reconsideration. He spoke in support of Item 4.07.

AFTER CONSIDERABLE DISCUSSION, THE CITY COUNCIL DIRECTED STAFF TO PROVIDE MORE DETAILED INFORMATION PERTAINING TO THE DESIGN, INCLUDING DIAGRAMS.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL RESCHEDULED ITEM 4.06 TO THE MAY 14, 2018 CITY COUNCIL MEETING FOR MORE DETAILED INFORMATON.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.05 AND 4.07.

4.01 Approval of minutes - March 26, 2018 regular City Council meeting and April 9, 2018 regular City Council meeting.

4.02 Adoption of ordinance 2069 amending Livermore Municipal Code Chapter 2.68, Contracts and Purchasing, to implement the California Uniform Public Construction Cost Accounting Act procurement procedures and correct inconsistencies in the existing ordinance pertaining to contract signing authority for department heads.

4.03 Resolution 2018-048 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.04 Resolution 2018-049 authorizing a Friendly Cooperation Agreement with Luzhou, the People's Republic of China.

4.05 Resolution 2018-053 approving the use of State Gas Tax 2017 - Road Maintenance and Rehabilitation Account funds, in the amount of $756,000, for the 2019 Street Resurfacing Project No. 2019-01 in FY 2018-19; and in the amount of $744,000, for the 2019 Slurry Seal Project No. 2019-04 in FY 2019-20.

4.06 Resolution appropriating funds and authorizing execution of an agreement in substantial conformance with Grade Tech Inc., in the amount of $791,516, for construction of the West Jack London Boulevard Widening Project. Project No. 2015-28.

Item 4.06 was rescheduled to the May 14, 2018 City Council meeting.

4.07 Resolution 2018-054 authorizing execution of a project funding agreement with Alameda County Transportation Commission, and appropriation of funds in Fiscal Years 2017-18 and 2018-19 for the Iron Horse Trail Gap Closure Project. Project No. 2017-24.

4.08 Resolution 2018-050 authorizing execution of first extension to agreement with Polydyne, Inc., in an amount not to exceed $195,000, for purchase of polymer used in the dewatering process at the water reclamation plant.

4.09 Resolution 2018-051 authorizing execution of an agreement with DC Electric Group, Inc., in an amount not to exceed $200,000, for streetlight maintenance services.

4.10 Resolution 2018-052 authorizing execution of a third amendment to the Engineering Design Services Agreement with Ruggeri-Jensen-Azar, in an amount not to exceed $2,900,000, for on-call engineering design services.

5.

PUBLIC HEARINGS

5.01 Hearing to receive protests related to the annual fire hazard abatement program.

Recommendation: Staff recommended the City Council consider all protests, and if the Council found appropriate, adopt a resolution overruling protests and directing staff to proceed with the necessary abatement.

Fire Marshall Ryan Rucker presented the staff report.

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

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

Resolution 2018-055 overruling protests and ordering the abatement of a public nuisance

5.02 Hearing to authorize negotiation of a Development Agreement to secure off-site public improvements and vest development fees in association with a mixed-use residential and commercial development known as Legacy at Livermore. Location: 1934-1962 First Street and 57-59 South L Street.

. Site Area: 4± acres
. Applicant: Legacy Partners
. Application Number: Development Agreement (DA) 18-002
. Public improvements: To be evaluated with project entitlements
. Zoning: Downtown Specific Plan (DSP), Subareas 1 and 2 of the Downtown Core
. General Plan: Downtown Area (DA)
. Historic Status: To be evaluated with project entitlements
. CEQA: Not a project as defined by CEQA per Section 21065

Recommendation: Staff recommended the City Council adopt a resolution authorizing staff to negotiate terms of a Development Agreement (DA18-002) to be considered by the City Council at a future hearing concurrently with the following project entitlements for the Legacy at Livermore development project:

. Downtown Design Review (DDR 17-012);
. Tentative Parcel Map 10757 (SUB 17-008);
. Certificate of Appropriateness (COA 17-019);
. Tree Removal (TREE 17-006); and
. Mitigated Negative Declaration

Senior Planner Ben Murray presented the staff report.

Mayor Marchand opened the public hearing.

David Rounds, Livermore, spoke regarding the city's creative developments to meet housing needs, saying he did not understand why the City was building workforce apartments in the downtown.

John Stein, Livermore, spoke regarding the project including trees in scale with the height of the building, avoiding bluestone, and state of the art amenities like elevators.

Brandon Evans, Livermore, did not support approval of the development agreement.

Brian Werner, member of construction trades, spoke in support of local hiring.

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

CM Spedowfski clarified this item was to authorize the negotiation of a development agreement. He asked what the city's policy was for requiring local hiring.

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

Resolution 2018-056 authorizing staff to proceed with negotiating terms for a Development Agreement with Legacy Partners, LLC, to be considered by the City Council concurrently with review of Downtown Design Review 17-012; Tentative Parcel Map 10757; Certificate of Appropriateness 17-019; and Tree Removal 17-006.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding the proposed Debt Management and Disclosure Policy as required by and in compliance with Government Code Section 8855(i), as amended and effective January 1, 2017; and creation of a fund balance reserve for debt service.

Recommendation: Staff recommended the City Council adopt a resolution approving the proposed Debt Management and Disclosure Policy and provide direction regarding creation of a fund balance reserve for debt service.

Administrative Services Director Douglas Alessio presented the staff report.

In response to questions by Council, Mr. Alessio clarified the debt service percentages and operating expenditures.

ON THE MOTION OF VM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND DID NOT PROVIDE DIRECTION REGARDING CREATION OF A FUND BALANCE RESERVE FOR DEBT SERVICE.

Resolution 2018-057 adopting the Debt Management and Disclosure Policy.

7.

COUNCIL COMITTEE REPORTS AND MATTERS INIATED 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.

Coastal Advocacy Group - CM Coomber attended the meeting on April 13, 2018.

Chestnut Square Groundbreaking - CM Coomber attended the groundbreaking on April 18, 2018.

Tri-Valley Haven Candlelight March - CM Coomber attended the march on April 20, 2018.

Livermore Amador Valley Transit Authority (LAVTA) - CM Coomber attended the Project and Services Committee meeting on April 23, 2018, where the MOU for the Las Positas funding was discussed.

Community Monitoring Committee - CM Carling attended the meeting on April 11, 2018.

StopWaste - CM Carling attended the meeting on April 12, 2018.

Chestnut Square Groundbreaking - CM Carling attended the groundbreaking on April 18, 2018.

Bankhead Chairs Luncheon - CM Carling attended the luncheon on April 19, 2018.

VM Carling requested and received consensus from the Council, for staff to provide a report on Meals on Wheels funding.

Tri-Valley Transportation Commission (TVTC) - CM Spedowfski attended the meeting and stated they are ready to start new projects.

East Bay Community Energy Authority - CM Spedowfski attended the Board of Directors meeting on April 18, 2018, regarding the roll out of Phase 1 to commercial customers and stated that Phase 2 will include a one-hundred percent renewable option.

CM Spedowfski requested and received consensus from the Council, for staff to provide information on Phase 2 costs and benefits for City facilities to opt-up.

CM Spedowfski requested and received consensus from the Council, for the City Attorney to prepare a recap on term limits and post to the City website.

Livermore Downtown Inc. - VM Woerner attended the regular board meeting.

VM Woerner requested staff provide a report regarding Meals on Wheels financials, the funding gap, funding decrease and demand for services.

VM Woerner requested and received consensus from the Council, for staff to provide a memo regarding the plan for short-term parking including the parking around Second Street and high value parking spaces in the Downtown, and a memo regarding a longer term parking plan.

VM Woerner requested and received consensus from the Council, for the City Attorney to provide a memo on why housing is associated with the downtown site with footnotes to include links to background documents.

VM Woerner requested and received consensus from the Council, for the City Attorney and Police Chief to review establishments and effectively deal with public nuisance situations and return to Council with proposed amendments and revisions to the existing ordinance.

Tri-Valley-San Joaquin Valley Regional Rail Authority - Mayor Marchand attended the meeting on April 11, 2018, where there was discussion on seeking private funding for transit connections.

Kenetics - Mayor Marchand attended the welcome ceremony for the new technology company on April 12, 2018.

TV30 - Mayor Marchand attended the board meeting on April 13, 2018, where budget and capital items for the new chamber were discussed.

i-Gate - Mayor Marchand attended the Board of Directors meeting on April 17, 2018.

Dublin San Ramon Services District - Mayor Marchand attended the 65th anniversary celebration on April 17, 2018.

Chestnut Square Groundbreaking - Mayor Marchand attended the groundbreaking on April 18, 2018.

Pedrozzi Common Groundbreaking - Mayor Marchand attended the groundbreaking on April 18, 2018.

Livermore Valley Performing Arts Center - May Marchand attended the Chair's lunch on April 19, 2018.

Best of the Best - Mayor Marchand attended the event at Las Positas College on April 21, 2018.

National Webinar on Homelessness - Mayor Marchand participated in the meeting on April 23, 2018.

BART - Mayor Marchand stated that BART would be considering conventional BART to Livermore at their April 26, 2018 meeting.

Livermore Community Service Day - Mayor Marchand spoke regarding the community event on April 21, 2018.

Celebration of Life - Mayor Marchand attended the memorial service for Gary Drummond on April 21, 2018.

Mayor Marchand adjourned the meeting in memory of Suzanne Leong, who volunteered her time in support of projects in the Livermore City Manager's office.

8.

ADJOURNMENT - at 9:55 pm to a regular City Council meeting on Monday, May 14, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore and to a Budget Workshop on May 21, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST: