May 14, 2018

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REGULAR MEETING

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:34 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

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

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

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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 7:01 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

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 recognizing the retirement of Susan Neer, City Clerk.

Mayor Marchand presented the proclamation to retiring City Clerk Susan Neer.

2.02 Proclamation declaring May 2018 as Lupus Awareness Month.

Mayor Marchand presented the proclamation to Shamekka Marty of the Lupus Foundation of Northern California.

2.03 Proclamation declaring May 10-20, 2018 as the 22nd Annual East Bay Affordable Housing Week.

Mayor Marchand presented the proclamation to Darin Lounds, Executive Director, Housing Consortium of the East Bay.

2.04 Proclamation declaring May 2018 as Drinking Water Awareness Month.

Mayor Marchand presented the proclamation to Public Works Director Darren Greenwood and Water Resources Communications Representative Angela Sipp.

Mayor Marchand presented a proclamation to Jennifer Yeamans, Dorothy Tebbetts and their families in recognition of Tuberous Sclerosis Complex Global Awareness Day.

2.05 Presentation of Water Awareness Month poster contest winners.

Mayor Marchand presented certificates to the poster contest winners.

Mayor Marchand announced that the City of Livermore received a certificate of recognition from Assemblywoman Catharine Baker in recognition of earning the Community Partner of the Year award from the Twin Valley District of the Boy Scouts of America.

2.06 Advisory body appointments and administration of oath of office to new members.

Commission for the Arts

Elizabeth Beeler McWhorter to an unexpired term ending January 1, 2019.

Human Services Commission

Nicole Sardella to an unexpired term ending November 1, 2019.

ON THE MOTION OF CM CARLING, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Sarah Bunting administered the oath of office.

3.

CITIZENS FORUM

David McGuigan, Livermore, spoke regarding AB1234 ethics training for officials.

Michael Murphy, spoke in opposition to excavation in the Oak Grove Nature Reserve due to Zone 7's Arroyo Mocho Medeiros Parkway project.

Patricia Munro, Livermore, spoke regarding her experiences in Livermore's Key to the City program.

Jerry Vattuone, spoke in opposition to Zone 7's excavation in the Oak Grove Nature Reserve.

Anju Bala, Silicon Valley Center at Milpitas, spoke regarding upcoming Sister Shivani events in the area.

Greg Scott, spoke regarding participation in local government and homelessness in Livermore.

Conny Priebe, Livermore, spoke regarding saving the duck pond in Springtown.

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

Dennis Gambs, spoke regarding his candidacy for the Zone 7 board and related issues such as water supply, rates, and other projects.

Evan Branning, Livermore, spoke regarding dialogue between the public and the City.

THE CITY COUNCIL RECONVENED CITIZENS FORUM AT 11:38 PM

CITIZENS FORUM: PART 2

Roger Logan, Livermore, spoke regarding saving the duck pond in Springtown.

Jonas Nitzler, Livermore, spoke regarding saving the duck pond in Springtown.

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

In response to questions by Mayor Marchand regarding the addition of a skate park in Springtown, Community Development Director Paul Spence clarified that the community outreach had been conducted by the Livermore Area Recreation and Park District and the idea for the park had come from that outreach.

John Stein, Livermore, said the duck pond was part of a larger issue relating to North Livermore. He requested the meeting be adjourned in memory of Bob Brown.

Jacob Anderson, spoke regarding spending activities of the Community Group and his formal complaint to the Fair Political Practices Commission.

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

4.

CONSENT CALENDAR

ITEMS 4.04, 4.05, AND 4.06 WERE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION.

ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01, 4.02 AND 4.03.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.04.

Kathy Chase, Livermore, spoke regarding Item 4.05 and increased costs at the airport; she expressed opposition to automatic renewals of rates and fees.

Greg Scott, Livermore, spoke regarding Item 4.06 and public input and recent Human Service Commission meetings.

Edie Nells, Sunflower Hill, Executive Director, spoke regarding Item 4.06 and expressed appreciation for the City's support.

Mayor Marchand spoke regarding the community's efforts to solve problems with constrained resources.

In response to questions by CM Carling, City Manager Marc Roberts described the Human Services Commission's process for allocating funding.

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

4.01 Approval of minutes - April 23, 2018 regular City Council meeting.

4.02 Resolution 2018-058 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 2018-059 authorizing execution of an agreement with RRM Design Group, in the amount of $380,000, to conduct landscape design services for Stockmen's Park, and landscape design standards and concepts for the Downtown Core site.

4.04 Resolution 2018-060 authorizing execution of the Subdivision Improvement Agreement with Mancini Properties, LLC; approving Tract 7857 Final Map for recording; and accepting Tract Map 7857 except for public utility easement and emergency vehicle access easement, which the Council rejects at this time, reserving the right to accept the offer at a future date. Location: 1587 Second Street.

4.05 Resolution 2018-061 adjusting Livermore Municipal Airport rates and charges for FY 2018-19.

4.06 Resolution 2018-062 authorizing the appropriation of Housing and Human Services Grant funds utilizing Community Development Block Grant, HOME Investment Partnerships Program, Social Opportunity Endowment, Housing In-Lieu, Human Services Facility Fee and General Funds for FY 2018-19 in the estimated amount of $1,024,784; authorizing up to an additional $100,000 in the event that HUD funding is greater than anticipated; and authorizing execution of related grant agreements.

5.

PUBLIC HEARINGS

5.01 Hearing to consider adoption of the Isabel Neighborhood Specific Plan that would establish land use regulations for the development of a complete transit-oriented neighborhood in the area surrounding the proposed BART station in the median of I-580, just east of Isabel Avenue. The Plan would allow up to 4,095 new multi-family housing units and approximately 2.1 million square feet of net new non-residential uses. It identifies the necessary infrastructure to serve the planned development, including three new neighborhood parks, multi-use trails, and pedestrian and bike facilities. The Plan also includes an Affordable Housing Strategy, phasing program, implementation tools, and preliminary Infrastructure Financing Strategy.

. Location: The Planning Area for the Isabel Neighborhood Specific Plan is located in northwest Livermore, and is bisected by Interstate 580 in an area developed primarily with industrial and commercial uses, residential uses, Las Positas College, and several large undeveloped sites.

. Site Area: 1,100± acres

. Applicant: City of Livermore

. Application Numbers: Specific Plan 18-001 (SP18-001); Development Code Text Amendments (DCA18-001); Annexation - Pre-Zoning (APZ18-001); General Plan Text and Map Amendments (GPA18-001); Housing Implementation Program Amendments (POL18-001); Zoning Map Amendment (ZMA18-001) to rescind the following Planned Developments (PD) and Planned Unit Developments (PUD): PUD 116, PDI 06-008, PD 17, PDC 00-195, PDR 01-016, PDI 00-188, PDI 03-003, PDI 01-020 and PDR 01-001, and replace with Isabel Neighborhood Specific Plan zoning (INSP); Planned Development Amendment (PD18-001) to amend PUD 153-84; Planned Development Amendment (PD18-006) to amend PDI 00-181; Planned Development Amendment (PD18-007) to amend PDI 01-002; and Planned Development Amendment (PD18-009) to amend PD 16.

. Public Improvements: All planned infrastructure necessary to serve the planned development such as roads, utilities, and parks.

. Zoning: Various. The project proposes to rezone the Planning Area to Isabel Neighborhood Specific Plan (INSP).

. General Plan: Various. The project proposes to change the land use designation of Planning Area to Isabel Neighborhood (IN).

. Historic Status: One property in the Plan Area (Gandolfo Ranch on East Airway Boulevard) was identified in the Draft Environmental Impact Report for the Isabel Neighborhood Specific Plan as potentially eligible for listing in the National Register of Historic Places.

. CEQA: Isabel Neighborhood Specific Plan Environmental Impact Report SCH# 2016042039

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to certify the Environmental Impact Report for the Isabel Neighborhood Specific Plan and approve the Isabel Neighborhood Specific Plan, contingent upon BART approving a conventional BART extension to Isabel Avenue:

1. Adopt a resolution adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation and Monitoring and Reporting Program, and certifying the Final Environmental Impact Report for the Isabel Neighborhood Specific Plan.

2. Adopt a resolution approving the Isabel Neighborhood Specific Plan Specific Plan (SP) 18-001 to adopt the Isabel Neighborhood Specific Plan.

3. Adopt a resolution approving General Plan Text and Map Amendments (GPA18-001).

4. Adopt a resolution approving Housing Implementation Program Amendments (POL18-001).

5. Introduce an ordinance approving Development Code Text Amendments (DCA18-001); Zoning Map Amendment (ZMA18-001) to rescind the following Planned Developments (PD) and Planned Unit Developments (PUD): PUD 116, PDI 06-008, PD 17, PDC 00-195, PDR 01-016, PDI 00-188, PDI 03-003, PDI 01-020 and PDR 01 001, and replace with Isabel Neighborhood Specific Plan (INSP) zoning; and Annexation - Pre-Zoning (APZ18-001).

6. Introduce an ordinance approving Planned Development Amendment (PD18-001) to amend PUD 153-84.

7. Introduce an ordinance approving Planned Development Amendment (PD18-006) to amend PDI 00-181.

8. Introduce an ordinance approving Planned Development Amendment (PD18-007) to amend PDI 01-002.

9. Introduce an ordinance approving Planned Development Amendment (PD18-009) to amend PD 16.

10. Adopt a resolution stating the City's position to advocate for a full BART to Livermore extension.

John McPartland, BART Director, District 5, spoke regarding the plan from BART's perspective and expressed appreciation for input and work on the project.

Assistant City Engineer Bob Vinn, Associate Planner Lori Parks, Principal Planner Stephen Riley, and Assistant Planner Ashley McBride presented the staff report.

In response to questions from VM Woerner, City Manager Marc Roberts said sound walls were a possibility for a housing project near the freeway and analysis would be done for each application; staff described vegetation shown in the animations, saying there would be a variety of options. Mr. Vinn said the BART station in the animations was conceptual and a detailed design would follow approval of the project; Ms. Parks said that BART had been responsive to input on the conceptual design.

In response to questions by Mayor Marchand, Mr. Riley confirmed that the airport protection zone was established to minimize sound impacts and reduce noise complaints.

In response to questions by CM Coomber regarding impacts on traffic, Mr. Vinn said the environmental impact report looked at traffic including improvements in the vicinity. Mr. Roberts said the units were included in the General Plan and the project would not add to the total development in Livermore.

In response to questions by CM Spedowfski regarding how the project related to the Housing Implementation Plan, Mr. Riley said the HIP would be amended to include the Isabel Neighborhood Plan. CM Spedowfski clarified that the growth rate was not increasing; units were being moved from elsewhere to this project.

THE COUNCIL RECESSED FROM 9:11 PM TO 9:22 PM.

Mayor Marchand opened the public hearing.

Darryl Ray expressed concerns regarding housing proximity to the airport and aircraft patterns.

Gordon Jacoby, Livermore Venture Partners, spoke regarding the importance of including affordable housing and his organization's ability to do so.

Kathy Chase, Livermore, spoke regarding impacts to scenic views and expressed concerns relating to housing proximity to the airport including safety, traffic patterns, and noise.

Audreas Clover, Alameda County Building Trades Construction Council, asked for language in the Specific Plan to provide opportunities for Livermore residents and middle-class construction careers.

Dale Kaye, Innovation Tri-Valley, expressed support for the plan. She spoke regarding smart transportation and housing planning to sustain quality of life and economic vitality and supported a conventional BART extension.

Nancy Bankhead, Livermore, said if the plan was not passed BART would not come. She spoke regarding BART's historical plans, the need for housing, and against the storage and maintenance yard in North Livermore.

David Nelson, Building Construction Trades Union, spoke regarding including a local hire clause in the project and language to support the middle class and local apprenticeship programs.

Evan Branning, BART to Livermore Coalition, spoke regarding the benefits of the project and expressed support for it, saying the project was the best opportunity to bring full BART in our lifetimes.

Doug Mann, Livermore, said he agreed with John Stein on the issue and expressed concerns regarding impacts to the scenic corridor, the MTC's housing requirement, and that the plan might happen even if full BART did not.

John Stein, Livermore, expressed concerns regarding safety and the airport protection area and supported protecting the scenic corridor.

Nick Gregory, Livermore, spoke regarding including language to encourage use of local construction workforce and apprentices.

David Best, Shea Homes, spoke in support of the project; he expressed concerns regarding the maximum building height of 470' and requested it be raised to 485'.

Gary Marx, Livermore, spoke regarding his experience living near the airport; he spoke regarding politics between Livermore and BART and supported the project.

Russ Greenlaw, Livermore, expressed concerns regarding increased airport noise complaints; freeways and noise impacts; and said the development was beautiful but in the wrong place.

Sblend Sblendorio, Innovation Tri-Valley, spoke regarding his committee's work to support the project and improve the quality of life for employers, and supported a full BART extension.

Tim Frank, Center for Sustainable Neighborhoods, Director, expressed support for the plan and said it was important to include workforce development in the plan to support apprenticeship programs.

John Steinbuch, Colliers International, spoke regarding the existing storage facility and asked that self-storage be a permitted use as part of the neighborhood plan.

Patricia Ratto, Livermore, supported BART to Livermore and expressed concerns regarding the negative impact that BART storage would have on the value of her ranch.

Drew Felker, Livermore, spoke in support of BART to Livermore and the plan.

Allie Felker, Livermore, spoke in support of BART to Livermore and regarding her experiences living near the airport.

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

CM Spedowfski expressed support for a dedicated school site use rather than a dual use.

In response to questions by CM Carling, Ms. Parks said the Airport Land Use Compatibility Plan prohibited additional schools in the safety zones; the charter school was grandfathered in before the plan was adopted and staff recommended that as the most appropriate place for a school.

The City Council requested that staff provide information on language regarding apprenticeship programs and local labor as a citywide policy.

In response to questions by CM Carling, City Attorney Jason Alcala said two of the resolutions regarding CEQA and approving the full, conventional BART to Livermore would take effect immediately; the remainder of items were conditioned upon BART approving full BART to Livermore. He suggested revisions to the wording of two resolutions for consistency regarding conditional approval.

In response to questions by CM Carling regarding the airport and safety, Mr. Riley said staff went to the Alameda County Airport Land Use Commission and presented the plan for evaluation; the Commission determined that the plan was conditionally consistent with the Airport Land Use Compatibility Plan for height, safety, and noise; staff also went to the Airport Commission and staff continued to recommend that the plan was consistent with standards.

The Council discussed noise impacts relating to living near an airport and the concerns expressed regarding the airport being shut down due to complaints.

In response to questions by CM Spedowfski regarding building heights, Mr. Spence said staff would need additional direction to make the change requested by Shea.

VM Woerner expressed concerns regarding the potential BART yard in North Livermore; in response to questions, Mr. Roberts said staff believed the plan had sufficient controls to ensure BART selected a more appropriate location.

In response to questions by VM Woerner, Mr. Spence stated there was a designation for a future parkign garage at the main commercial location intended to serve Livermore residents. Mr. Spence confirmed that housing in the plan did not include a net increase in housing.

CM Spedowfski spoke regarding legislation allowing BART to make land use decisions over their property. Mr. Vinn said staff submitted comments on the legislation and confirmed that BART had done an environmental impact report that assumed the parking was built.

Andrew Tang, project manager for BART, responded to questions from the Council. He said BART did not support the proposed legislation. He said BART was operating under the existing expansion policy and there was no directive to staff to reopen the policy.

CM Coomber expressed concerns regarding amending the scenic corridor plan.

Mayor Marchand said the community wanted BART to Livermore and said there had never been capital funding for BART to Livermore. He said the plan would not happen without full BART to Livermore and the City was working on alternative places for the yard. He spoke regarding airport concerns considered by the Airport Land Use Commission and building heights, saying the airport protection zone was put in place to protect the airport from noise impacts.

In response to questions by CM Spedowfski regarding the Metropolitan Transportation Commission's cost-to-benefit ranking, Mr. Tang described the Commission's process of prioritizing projects for regional discretionary funding.

CM Spedowfski suggested a joint meeting or summit with all the parties to get on the same page and said there were more studies to come out. He emphasized that the rail yard location in North Livermore was not acceptable.

THE COUNCIL AGREED TO CONTINUE THE MEETING BEYOND 11:00 PM TO CONCLUDE THE REMAINDER OF BUSINESS ON THE AGENDA.

THE COUNCIL RECESSED FROM 10:58 PM TO 11:08 PM.

PUBLIC HEARINGS: PART 2

CM Carling confirmed that the supplemental materials provided to the City Council incorporated the change requested by Mr. Steinbuch.

VM Woerner said the project was complicated and there were a lot of tradeoffs, but it was worth approving.

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 2018-063 adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and certifying the Final Environmental Impact Report for the Isabel Neighborhood Specific Plan.

CM SPEDOWFSKI, SECONDED BY VM WOERNER, MOVED ADOPTION OF THE FOLLOWING RESOLUTIONS REVISED TO STATE:

".NOW THEREFORE BE IT RESOLVED THAT THE LIVERMORE CITY COUNCIL APPROVES THE ISABEL NEIGHBORHOOD SPECIFIC PLAN SP18-001 CONDITIONED UPON BART APPROVING A CONVENTIONAL (FULL) BART EXTENSION TO ISABEL AVENUE IN LIVERMORE;" AND

".NOW, THEREFORE, BE IT RESOLVED THAT THE LIVERMORE CITY COUNCIL APPROVES GENERAL PLAN AMENDMENT 18-001 CONDITIONED UPON BART APPROVING A CONVENTIONAL (FULL) BART EXTENSION TO ISABEL AVENUE IN LIVERMORE."

ON THE AMENDING MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO DESIGNATE THE PREVIOUSLY DUAL-ZONED SCHOOL SITE TO BE A PRIMARY SCHOOL SITE; AND CHANGE THE HEIGHT OF THE SHEA DEVELOPMENT LOCATION TO THE SOUTH FROM 470' TO 485'.

THE MAIN MOTION CARRIED ON A 5-0 VOTE AND THE FOLLOWING RESOLUTIONS WERE ADOPTED:

Resolution 2018-064 approving the Isabel Neighborhood Specific Plan (SP 18-001) and Resolution 2018-065 amending the Livermore General Plan Text and Map for implementation of the Isabel Neighborhood Specific Plan (GPA18-001):

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

Resolution 2018-066 amending the 2017-2019 Housing Implementation Program for Implementation of the Isabel Neighborhood Specific Plan (POL 18-001).

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCES:

Ordinance introduced amending the Development Code and Zoning District Map of the City of Livermore for implementation of the Isabel Neighborhood Specific Plan. (Development Code Amendment 18-001, Zoning Map Amendment 18-001, and Annexation-Pre-Zoning 18-001).

Ordinance introduced approving a Planned Development to amend Planned Unit Development 153-84 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-001)

Ordinance introduced approving a Planned Development to amend Planned Development-Industrial 00-181 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-006)

Ordinance introduced approving a Planned Development to amend Planned Development-Industrial 01-002 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-007)

Ordinance introduced approving a Planned Development amending Planned Development 16 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-009)

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 2018-067 recommending BART approve a conventional (full) BART extension to Isabel Avenue in Livermore.

5.02 Hearing to consider adjustments to the rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services, effective July 1, 2018.

Recommendation: Staff recommended the City council approve rates listed in Exhibit H of the second amended and restated agreement for solid waste, recyclable materials and compostable materials services, effective July 1, 2018.

Public Works Manager Judy Erlandson and Public Works Director Darren Greenwood were available for questions.

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

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

Resolution 2018-068 authorizing and updating Exhibit H of the amended and restated agreement with Livermore Sanitation, Inc. to include rate year nine rate adjustments.

5.03 Hearing to consider the FY 2018-2019 Annual Action Plan for Community Development Block Grant programs and the HOME Investment Partnership.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution:

1. Approving the FY 2018-2019 Annual Action Plan for the HOME Investment Partnership and Community Development Block Grant Programs and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report and submission to the U.S. Department of Housing and Urban Development (HUD);

2. Authorizing an additional appropriation of HOME Investment Partnership funds in an amount up to $100,000 in the event that County HOME funding is greater than anticipated or less than anticipated; staff will increase or decrease allocations between grantees proportionately; and

3. Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on actual HUD allocation.

Assistant Community Development Director Eric Uranga and Human Services Program Manager Claudia Young presented the staff report.

Mayor Marchand opened the public hearing.

Greg Scott, Livermore, spoke regarding the public input process and the function of the Human Services Commission in the process.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Ms. Young reviewed the Human Services Commission's role and process, including public meetings and the work of subcommittees to visit agencies before approving the funding at their April meeting.

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

Resolution 2018-069 approving the FY 2018-19 Annual Action Plan and authorizing submittal to the U.S. Department of Housing and Urban Development.

5.04 Hearing to consider an ordinance amending various provisions and definitions in Chapters 5, 6, and 11 of the Livermore Development Code, pertaining to Secondary (Accessory) Dwelling Units.

. Location: Citywide

. Site Area: Various

. Applicant: City of Livermore

. Application Number: Development Code Amendment (DCA) 18-003

. Public improvements: None

. Zoning: Various

. General Plan: Various

. Historic Status: None

. CEQA: This project is statutorily exempt under the provisions of the California Environmental Quality Act (CEQA), under Public Resources Code section 21080.17, which exempts the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code for second units.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a resolution certifying the project is exempt from the California Environmental Quality Act and, after approval of the application, instruct staff to file a Notice of Exemption with the Alameda County Clerk; and

2. Introduce an ordinance approving Development Code Amendment 18-003, and direct the Community Development Director to file the Accessory Dwelling Unit Ordinance with the California Department of Housing and Community Development within 60 days of adoption.

Associate Planner Turhan Sonmez was available for questions.

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

In response to questions by CM Carling regarding the timing of the item, Community Development Director Paul Spence said the City was already in compliance with the majority of the changes to the law and only a few cleanup items remained.

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

Resolution 2018-070 certifying the environmental Determination of Exemption from the California Environmental Quality Act. (Development Code Amendment (DCA) 18-003).

Ordinance introduced amending Livermore Development Code Section 5.01.030 (Carriage House), Section 6.03.120 (Secondary Dwelling Units), and Section 11.01.020 (Definition of Specialized Terms and Phrases) to comply with state law regarding Accessory Dwelling Units.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding appropriation of funds and execution of an agreement in substantial conformance with Grade Tech Inc., for construction of the West Jack London Boulevard Widening, Project No. 2015-28.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Appropriating $150,000 in Fund 678 (Measure B-2000 Pass-Thru) in FY 2017-18 and appropriating $80,000 in Fund 652 (Special Gas Tax -2107) and $115,000 in Fund 678 (Measure B-2000 Pass-Thru) and $230,000 in Fund 659 (Gas Tax 2103) in FY 2018-19 to the West Jack London Boulevard Widening Project;

2. Authorizing execution of an agreement in substantial conformance with the draft agreement with Grade Tech Inc., in the amount of $791,515.90, for construction of the West Jack London Boulevard Widening Project; and

3. Delegating discretionary approval of plans and specifications for the project to the City Engineer.

Senior Transportation Engineer Carlo Sendaydiego, City Engineer Cheri Sheets, and Associate Civil Engineer Roberto Escobar were available for questions.

In response to questions by CM Carling regarding accommodation of Bike East Bay's requests, Ms. Sheets outlined numerous modifications to the project.

Karl Wente, Livermore, expressed appreciation and said the process of taking feedback and making adjustments was good government.

Ms. Sheets noted a correction that the fiscal section referring to the $1.43 million dollars did not include the proposed modifications; if the modifications were approved, staff would come back with a request for additional funding to implement the proposal.

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

Resolution 2018-071 appropriating $150,000 in Fund 678 (Measure B- 2000 Pass Thru) in FY 2017-18; appropriating $80,000 in Fund 652 (Special Gas Tax-2107), $230,000 in Fund 659 (Special Gas tax-2103), and $115,000 in Fund 678 (Measure B- 2000 Pass Thru) in FY 2018-19; awarding bid and signing of agreement with Grade Tech, Inc., in the amount of $791,515.90; and delegating to the City Engineer discretionary approval of the plans and specifications, and all amendments thereto (West Jack London Widening, Project No. 2015-28).

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.

Arroyo Mocho VM Woerner requested and received consensus from the Council to receive information from staff regarding the Arroyo Mocho project.

Mayor Marchand adjourned the meeting in memory of Robert (Bob) Brown.

8.

ADJOURNMENT - at 12:05 a.m. on Tuesday, May 15, 2018, to a Budget Workshop on May 21, 2018, 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore and to a regular City Council meeting on June 11, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK