April 24, 2017

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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Council Members Robert W. Carling, Bob Coomber, and Bob Woerner. Vice Mayor Steven Spedowfski arrived at 6:09 pm.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, and Donald Turko of Renne Sloan Holtzman Sakai, the City's negotiators pursuant to Government Code section 54957.6, regarding negotiations with the Association of Livermore Employees.

2. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, and Donald Turko of Renne Sloan Holtzman Sakai, the City's negotiators pursuant to Government Code section 54957.6, regarding negotiations with the Police Officers Association.

3. Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One Case)

4. Public Employee Performance Evaluation. To meet pursuant to Government Code section 54957 regarding the performance evaluation of the City Manager.

________________________________________________________________ REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

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

2.01 Proclamation declaring May 21 - May 27 National Public Works Week.

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

2.02 Proclamation declaring April 30 - May 6, 2017 Small Business Week.

Mayor Marchand presented the proclamation to Brenden Finley, Livermore Chamber of Commerce.

2.03 Commission for the Arts annual update.

Commission for the Arts Chair Monya Lane presented the annual update.

3.

CITIZENS FORUM

David McGuigan, Livermore, continued to make negative, personal remarks regarding the Mayor and the Police Department.

Wanlan Xiao, DDS, Livermore, spoke regarding a citation issued regarding the color of paint used on her office building.

Bruce Shore, Livermore, spoke regarding Earth Day and the March for Science.

Adam Pine, Livermore, spoke regarding permitting updates to medical cannabis dispensaries in the City and County.

Steve Simoni, Livermore, requested the recycled water program be reinstated.

Dwayne Eiley and Alaina Habiger, spoke regarding the 4H exchange program and a fundraising event to be held at the Wine Festival May 6-7, 2017.

John Stein, Livermore, said the Downtown Steering Committee members were heavily biased to business and the arts - called confirmational bias. He urged the City Council to reach out to residents outside of the downtown area to obtain a global view of the community. He said a bond measure should be considered to fund the Downtown project.

CM Woerner said the purpose of the Downtown Steering Committee was for community outreach and was not to be an insular committee making decisions.

Bruce Nielsen, Livermore, requested the recycled water program be reinstated.

4.

CONSENT CALENDAR

Mayor Marchand removed Items 4.04, 4.06 and 4.10 from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED ITEMS 4.01, 4.02, 4.03, 4.05, 4.07, 4.08, and 4.09.

4.01 Adoption of ordinance 2052 adding Chapter 1.22 to the Livermore Municipal Code establishing a uniform appeals process for decisions made under the Livermore Municipal Code, and amending the Livermore Municipal Code to repeal and modify duplicative or contradictory appeals provisions.

4.02 Resolution 2017-046 and Resolution 2017-047 of continued local emergency and reporting termination of emergency task order work; and designating the City Manager as the City's agent for Federal and State Disaster Assistance.

4.03 Resolution 2017-048 authorizing execution of a purchase order with Towne Ford Sales, in an amount not to exceed $200,964, for six replacement patrol cars.

4.05 Resolution 2017-049 authorizing execution of the Subdivision Improvement Agreement; approving Tract 8290 Final Map for recording; and accepting all real property offered for dedication within Tract Map 8290, in conformance with the terms of the offer, except for Lomitas Avenue, Terra Bella Court and public utility easement, which the Council rejects at this time, reserving the right to accept the offer at a future date. (Ponderosa Homes - The Vineyard).

4.07 Resolution 2017-050 authorizing the adjustment of the Airport Rates for FY 2017-18.

4.08 Resolution 2017-051 demonstrating compliance with the Surplus Land Act, Assembly Bill 2135.

4.09 Resolution 2017-052 approving the City of Livermore Salary Plan as of April 24, 2017 in accordance with California Code of Regulations, Title 2, Section 270.5.

Item 4.04 Susan Junk, Livermore, requested the buildings at 141 North Livermore Avenue and 2160 Railroad Avenue be preserved as historic buildings.

In response to questions by Mayor Marchand, Administrative Technician Susan Calkins said the building at 141 North Livermore was City-owned. Community Development Director Paul Spence said 2160 Railroad Avenue was not City-owned; he said there was a permit pending for a new business at that location.

Item 4.06 Cheri Sheets, Livermore, spoke in memory and support of the trail dedication recognizing James S. Vingo.

Item 4.10 Jean King, Livermore, questioned the selection of PlaceWorks as the consultant and spoke regarding the planned community outreach and the process of determining what materials would be used. She said there should be more opportunity for the public to speak at the committee meetings.

Community Development Director Paul Spence provided background on the consultant, David Early of PlaceWorks. He said PlaceWorks was the most comprehensive respondent and was selected based on planning and facilitation experience.

ON THE MOTION OF CM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED ITEMS 4.04, 4.06 AND 4.10.

4.04 Resolution 2017-053 authorizing the execution of a professional services agreement, including an option for a one-year extension, with GS Management Company, in a total not-to-exceed amount of $525,000, and all documents related to property management services of certain city-owned properties located in the Downtown.

4.06 Resolution 2017-054 dedicating a section of trail in special recognition of James S. Vingo, naming the trail section the James S. Vingo Springtown Trail, and installing a memorial plaque.

4.10 Resolution 2017-055 authorizing execution of an agreement with PlaceWorks, in a not-to-exceed amount of $270,000, for Downtown Steering Committee Facilitation and Public Outreach.

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 finds appropriate, adopt a resolution overruling protests and directing staff to proceed with the necessary abatement on all parcels requiring abatement.

Fire Marshal Ryan Rucker presented the staff report.

Mayor Marchand opened the public hearing.

Allen Burnham, Livermore, spoke regarding differences in weeds and questioned fire hazard abatement enforcement on City property.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Fire Marshal Ryan Rucker said public agency properties were required to follow fire abatement regulations. City Manager Marc Roberts said the City staff and equipment was used to perform fire abatement services on city-owned properties.

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

Resolution 2017-056 overruling protests and ordering the abatement of a public nuisance.

6.

MATTERS FOR CONSIDERATION 6.01 Discussion and direction regarding Mill Square Park/Livermorium Plaza conceptual design.

Recommendation: Staff recommended the City Council provide direction.

Principal Planner Scott Lee presented the staff report.

David Meyer, Meyer+Silberberg, Consultant, presented an overview of the conceptual design.

CM Coomber said he did not want to see the holiday spruce tree removed. He would like an arborist report regarding all the trees on the park site. He expressed concern for the large amount of concrete proposed and how much heat would be generated during the summer months. Mr. Meyer said he would provide the arborist report.

In response to questions by CM Woerner, Mr. Lee said the street trees on the periphery of the property would not be removed.

Mayor Marchand invited public comment.

John Stein, Livermore, spoke regarding the establishment of Mills Square Park. He said this was an island of tranquility in a bustling downtown and said the few pieces of grass with the largest trees needed to be protected. He said this was a good proposal for a vacant lot.

Nancy Bankhead, Livermore, said the park should include the history of Livermore, the wine country and the wine families, in addition to art pieces honoring the national labs.

In response to questions by City Council, Principal Planner Scott Lee said the primary reason for the tree removal was soil remediation. He said the County required soil remediation of 6-7 feet deep.

In response to questions by VM Spedowfski, City Attorney Jason Alcala said mediation with Chevron had reached an impasse. He said staff was currently working with the County pertaining to the remediation; there were two elements involved in the contamination - hydrocarbons and lead. City Engineer Cheri Sheets said funding would be included in the upcoming CIP to be reviewed and approved by Council during the Budget Workshop in May. Mr. Alcala said the City would be able to pursue recovery through the Comprehensive Environmental Response, Compensation, and Liability Act, however the funds needed to be expended first.

CM Woerner said the discussion pertained to the design of the park. He said this proposal had too much concrete, the location needed more shade and tables, and he liked the lights and brass plates. He said he did not want to see the parking lot.

Mayor Marchand said the park should include something that was interactive, indestructible, kinetic and kid friendly, and suggested a large water and granite ball fountain. He did not support the removal of the spruce tree.

VM Spedowfski said he liked the LEDS and wanted to see the annual ongoing operations and maintenance and asked for an estimate of annual operating costs. He said there should be more shade and grass.

CM Carling expressed concern over heat generated off the concrete. He said there should be more grass and big trees.

CM Coomber said he would like to preserve the park as a shady spot. He did not like the concrete during the spring and summer months. He said the science factor along with nature needed to be represented.

City Manager Marc Roberts said the holiday spruce tree actually had contamination immediately adjacent to it. He added there was a low survival rate of moving the tree to a new location.

The City Council directed the redesign of the site to include more shade trees with a high canopy, add grass with less hardscape, a ring of trees surrounding a ground level center object that was interactive or a tree in the center location, and cost consideration.

6.02 Discussion and direction regarding the I Street parking garage and circulation analysis.

Recommendation: Staff recommends City Council provide direction.

City Engineer Cheri Sheets, Senior Civil Engineer Joel Waxdeck, and Transportation Engineer Carlo Sendaydiego presented the staff report.

Mayor Marchand invited public comment.

Jeff Kaskey, Livermore, said he supported Option 3. He said Option 3 had the least amount of levels and asked how pay parking would fit into the mix.

Catherine Barker, Livermore, questioned the need for a parking structure. She expressed concerns including pedestrian safety, added traffic, environmental impacts and said $17 million could be spent in many other areas that would benefit the community.

Alan Burnham, Livermore, said Option 5 should be eliminated due to cost per space and said properties should be combined to create a pedestrian overpass.

John Stein, Livermore, said he supported Option 3.

CM Woerner said he was in favor of minimum number of levels, a pedestrian bridge and supported Options 3 and 6.

VM Spedowfski said he supported Options 3 and 6. He suggested a smart parking system and said the structure was needed to replace the spaces that were going to be taken by downtown development.

CM Carling said he supported Option 6. He did not like Option 3 because it needed land from someone who did not want to sell. He said pay for parking needed to be explored.

CM Coomber said he liked Option 3 because of the lower costs associated with it. He said he was a big fan of walking, rolling, riding, and exercising by leaving cars at home.

Mayor Marchand said the community was demanding more parking in the downtown. He said pay for parking should be considered and liked the idea of a smart parking system. He liked the lower height of Option 3 and said large, massive structures were not wanted in the Downtown.

ON THE MOTION OF CM WOERNER, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO STUDY OPTIONS 3 AND 6 FOR MORE SPECIFICS AND COSTS AND BENEFITS OF INCLUDING ADDITIONAL LAND AT THE CORNER.

6.03 City Council FY 2017-19 Goals and Priorities.

Recommendation: Staff recommended the City Council provide direction regarding City Council FY 2017-19 Goals and Priorities and proposed two-year work plan.

City Manager Marc Roberts presented the City Council's Goals and Priorities for FY 2017-19.

Mayor Marchand invited public comment.

Jeff Kaskey, Livermore, said the goals and priorities should include culture, quality of life, and the environment urban growth boundary.

ON THE MOTION OF CM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ACCEPTED THE WORK PLAN AS PRESENTED.

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. A verbal report may be given.

Livermore Amador Valley Transit Authority CM Coomber said he attended the meeting of the Projects and Services Committee. There was a discussion on rebranding the Wheels buses.

Film Premier CM Coomber said on April 23, 2017 he attended the San Francisco Green Film Festival where his movie "Four Wheel Bob" premiered to a packed house.

CM Carling said he did not have a report.

Advisory Bodies CM Woerner said on April 20, 2017 he and CM Carling conducted interviews for City advisory bodies.

Livermore Amador Valley Water Management Agency CM Woerner said he attended the meeting and he was appointed Chairman of the agency.

Altamont Regional Rail Working Group VM Spedowfski said on April 12, 2017 he attended the last meeting. He said the new name was Tri-Valley San Joaquin Rail Advisory Authority and they finalized the language for legislation.

East Bay Community Choice Energy Joint Powers Authority VM Spedowfski said on April 12, 2017 he attended the meeting where contracts were finalized with consultants to assist in the process.

Tri-Valley Transportation Commission VM Spedowfski said he attended the meeting. He said the "A" list projects had been completed and they were now working on the "B" list.

Finance Subcommittee VM Spedowfski said he attended the Downtown Steering Committee Finance Subcommittee meeting.

AB 758 Mayor Marchand announced that AB 758 passed with a 12-0 vote.

Alameda County Mayors Conference Mayor Marchand said he attended the conference on April 12, 2017. He said there was a tour of Government Island, looked into the Coast Guard facility and there was an update from the League of California Cities.

Retirement Mayor Marchand said on April 13, 2017 he attended the retirement celebration of Sandy Basso from the Livermore-Pleasanton Fire Department after 29 years.

Livermore Amador Valley Water Management Agency Mayor Marchand said on April 19, 2017 he attended the meeting.

Sandia Mayor Marchand said on April 20, 2017 he spoke at the Sandia retrospect as Lockheed Martin handed off laboratory operations to Honeywell.

Local Agency Formation Commission Mayor Marchand said on April 21, 2017 he attended the Policy Subcommittee meeting.

Knights of Columbus Mayor Marchand said on April 21, 2017 he attended the Red, Blue and Gold event honoring emergency service workers.

March for Science Mayor Marchand said on April 22, 2017 he attended the event.

Mayor Marchand recognized Steve McRee, founder and operator of Shepherd's Gate and adjourned the meeting in his memory.

8.

ADJOURNMENT - 10:28 pm in memory of Steve McRee, to a regular City Council meeting on May 8, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore, California.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK