June 12, 2017

________________________________________________________________

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 Bob Coomber and Bob Woerner. Council Member Robert W. Carling was absent/excused.

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 honoring the 25th Anniversary of the Livermore Collings Foundation Host Team.

Mayor Marchand presented the proclamation to Kevin Ryan and Mick Hanou, Collings Volunteers.

2.02 Proclamation declaring June as Elder Abuse Awareness Month.

Mayor Marchand presented the proclamation to Dena Aindow, Alameda County District Attorney's Office, and Alicia Morales, Alameda County Adult Protective Services.

2.03 Proclamation declaring Play Ball Summer 2017.

Mayor Marchand presented the proclamation to Dave Wetmore, Director Little League Baseball Intermediate World Series.

2.04 Presentation of the 2017 High School Senior Arts Awards.

Mayor Marchand presented individual awards to Andrea Sommer, Brady Taylor, Emily Chong, Carlie Teruya, Kevin Ginn, Megan Carpenter, Morgan Mayhew, Sierra Miller, Sofia Moufarrej and Sydney Spruiell.

3.

CITIZENS FORUM

Mayor Marchand announced the San Joaquin Regional Rail Commission was releasing the Draft Environmental Impact Report (DEIR) for the ACEforward project and there would be a Livermore DEIR Open House on Tuesday, June 20, 2017 at the Robert Livermore Community Center beginning at 5:30 pm.

Nancy Bankhead, Livermore, spoke regarding agricultural programs at Hagemann Farms.

John Stein, Livermore, spoke regarding the need to replace trees and landscaping that died during the drought.

Ann King, Tri-Valley Haven and Feed Tri-Valley, spoke regarding programs to collect food to feed the homeless.

Rosemary Young, Interfaith Sharing, spoke regarding food and security needs in the Tri-Valley and provided information for a canned food drive.

David McGuigan, Livermore, made various comments regarding Livermore police.

City Attorney Jason Alcala spoke regarding First Amendment Rights during Citizens Forum and apologized for any offensive or rude comments made by the public.

4.

CONSENT CALENDAR

Item 4.13 Jeff Kaskey, President, Livermore Heritage Guild, spoke in support of approval of the lease agreement and appropriation of funds for Hagemann Farms.

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

4.01 Approval of minutes - May 15, 2017 City Council Budget Workshop and May 22, 2017 regular City Council meeting.

4.02 Adoption of Ordinance 2053 amending Livermore Municipal Code Chapter 13.26, Sewer Service and Use Charges, to remove obsolete sections, to update the condominium customer class, and to update commercial and institutional charges.

4.03 Adoption of Ordinance 2054 adjusting residential, commercial and institutional user charges - sewer services.

4.04 Resolution 2017-070 authorizing execution of an agreement with New Image Landscape Company in an amount not to exceed $210,000 for landscape maintenance services at the Brisa Community Facilities District 2015-1.

4.05 Resolution 2017-071 authorizing acceptance for permanent maintenance and release of security for the Water Reclamation Plant Electrical Improvements, Project Number 2008-48.

4.06 Resolution 2017-072 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 and ratified by the City Council on March 22, 2017; continued on April 10, 2017 and on April 24, 2017.

4.07 Resolution 2017-073 authorizing execution of the Subdivision Improvement Agreement with Vasco 49 Lots LLC; approving Tract 8277 Final Map for recording; and accepting all real property offered for dedication within Tract Map 8277, Central Crossings, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Central Avenue, Public Utility Easement, Emergency Vehicle Access Easement, Waterline Easement, and Sanitary Sewer Easement.

4.08 Resolution 2017-074 authorizing execution of the lease renewal agreement with the State Department of Rehabilitation for space at the Multi-Service Center.

4.09 Resolution 2017-075 and Resolution 2017-076 approving the Two-Year Financial Plan and Capital Improvement Plan for Fiscal Years 2017-18 and 2018-19.

4.10 Resolution 2017-077 establishing appropriations limit for Fiscal Year 2017-18.

4.11 Resolution 2017-078 authorizing execution of an agreement with Axon Enterprises, Inc. in the amount of $526,670 for the purchase of Axon Officer Safety Plan subscriptions.

4.12 Resolution 2017-079 authorizing execution of the amendment to the memorandum of understanding with the Alameda County Sheriff's Office for maintenance and operation of the East County Animal Shelter for Fiscal Years 2017-19.

4.13 Resolution 2017-080 approving execution of a Lease Agreement with the Livermore Heritage Guild, and an appropriation of up to $62,000 to manage Hagemann Farm. Location: 455 Olivina Avenue.

5.

PUBLIC HEARINGS

5.01 Hearing to confirm the levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2017-18.

Recommendation: Staff recommended the City Council adopt a resolution confirming the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2017-18 and direct action with respect thereto.

Management Analyst Anthony Smith presented the staff report.

In response to questions by VM Spedowfski, Mr. Smith said some districts' assessments were decreased because they had built up sufficient reserves and those reserves were used to subsidize ongoing costs.

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

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

Resolution 2017-081 confirming the annual levy of assessments for Landscape Maintenance Districts for Fiscal Year 2017-18; and directing actions with respect thereto.

Item 5.02 Hearing to authorize negotiation of a Development Agreement to secure a housing development's obligations concurrently with consideration of the residential development at a future date. The obligations to be considered when the DA is reviewed will generally include the housing development's contribution to First Street bicycle and pedestrian improvements to enhance downtown connectivity. The residential development to be considered with the DA at a future date is proposed under City applications for: 1) a development proposal of 100 two- and three-story townhouse-style condominiums in 20 buildings on the approximately 7-acre old "Codiroli" site; 2) a zoning change from Commercial Service (CS) to the Transect 4 Neighborhood (T4N) residential zoning district on the development site and amendment to the T4N and related residential development standards; and 3) a General Plan Amendment for an approximately 24-acre area (First Street Transitional Area located southeast of First Street and Portola Avenue and containing the development site), which proposes a dual land use designation retaining Service Commercial (SC) and allowing conversion to the Urban High Residential (UH-2) land use category, permitting 8 to 14 residences per acre.

. Location: 3733 through 3765 First Street (APNs 99-56-10-2 and 99-56-9-1) (APN stands for Assessor Parcel Number).

. Site Area: 7± acres

. Applicant: Valley Oak Partners, LLC

. Application Numbers: Development Agreement (DA), Zoning Map Amendment (ZMA) 16-002, Development Code Amendment (DCA) 16-002, Vesting Tentative Tract Map 8168 (Subdivision [SUB] 16-006), and Site Plan Design Review (SPDR) 16-014

. Public improvements: Includes sewer, water, storm-drain, streets, lighting, sidewalk, curb, gutter, First Street median, First Street signal and crosswalk at project entry, relocation of First Street bus turnout, and Iron Horse trail improvements.

. Zoning: Commercial Service (CS)

. General Plan: Service Commercial (SC)

. Historic Status: None

. CEQA: An Initial Study and a Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.

Recommendation: Staff recommended the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Development Agreement to be considered by the City Council at a later date concurrently with review of General Plan Amendment 16-005; Development Code Amendment 16-002; Zoning Map Amendment 16-002; Vesting Tentative Tract Map 8168 (SUB 16-006) and Site Plan Design Review 16-014.

Associate Planner Frank Guido presented the staff report. In response to comments by CM Coomber, Mr. Guido said the development coming in with the General Plan Amendment was within the proposed general plan density. City Manager Marc Roberts added that the upper end range that had been applied for was fourteen units to the acre.

Mayor Marchand opened the public hearing. John Stein, Livermore, said he did not have an objection to preapproving the development agreement. He urged that within the design the pedestrian and bicycle access be user friendly.

There were no more speakers and the hearing was closed.

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

Resolution 2017-082 authorizing staff to proceed with negotiating terms for a development agreement with First Street Investments, LLC and/or Valley Oak Partners, LLC.

Item 5.03 Hearing to consider a request to allow electronic reader board signs at private K-12 schools.

Recommendation: The Planning Commission and staff recommended the City Council approve the Development Code Amendment to allow electronic reader board signs at private K-12 schools and adopt a resolution to certify the categorical exemption and, after approval of the application, instruct the staff to file the Notice of Exemption with the Alameda County Clerk; and introduce an ordinance to approve Development Code Amendment 17-001.

Assistant Planner Ashley McBride 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 VM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2017-083 certifying the CEQA exemption and certifying the environmental document to allow electronic reader board signs at private K-12 schools.

Ordinance introduced amending Section 4.06.040 (Prohibited Signs) to allow electronic reader board signs at private K-12 schools. (Development Code Amendment 17-001)

6.

MATTERS FOR CONSIDERATION

6.01 Update on the status of the Downtown Steering Committee.

Recommendation: Staff recommended the City Council approve the report as presented.

Planning Manager Steve Stewart presented the staff report. Consultant David Early, PlaceWorks, provided an overview of the key background information, reviewed the outreach plan and the Downtown Steering Committee alternative building exercise and the next steps, and the final report would be presented to the City Council prior to the end of the year.

In response to questions by CM Woerner, Mr. Early said there were virtually no significant disconnects on the alignment from the various consultants. He said there were several items including housing and the location of the hotel where there was wide agreement across the economists, urban designers and others. One area there was a little disagreement pertained to the hotel being placed next to downtown housing. He said there was pretty much universal agreement among the panelists during discussion regarding the importance of housing, the feasibility of a hotel, the size of a conference facility along with most other key areas of discussion.

CM Woerner clarified that the parking garage was not within the purview of the Downtown Steering Committee.

In response to questions by VM Spedowfski, Mr. Early said the direction was to look at a single hotel site only. The economist had stated that a hotel of 100-125 rooms appeared feasible and suggested it would be inadvisable to think about a second hotel right away.

Mr. Early said there was unanimous agreement with the consultants that there was a downside to having undeveloped vacant land in the core area of the downtown.

VM Spedowfski said the feasibility and timing of everything needed to be considered.

CM Coomber said he was reserving his comments and questions to when we were closer to the final idea of the project. In answer to his questions, Mr. Early clarified that the ten percent internal rate of return was to the hotel developer.

CM Woerner read his statement into the record. He requested staff to evaluate tools to lock in the amount of housing once aligned on the maximum amount as a community. He said the tools might include restricting where on the site housing could be located and/or controlling the number of units. He suggested this could return to Council at the special City Council meeting scheduled for July 31, 2017. (CM Woerner's written comments are available as part of the Additional Information to the June 12, 2017 agenda packet.)

Mayor Marchand invited public comment.

Jean King, Livermore, read comments from Lee Younker regarding concern that the plan for the downtown would be incomplete and the focus would only be on the hotel.

Carol Wahrer, Livermore, spoke in support of developing a complete plan for the downtown.

Bill Dunlop, Livermore, spoke in support of planning the full downtown project.

Jan Brovant, Livermore, spoke in support of developing and planning the entire project.

Rachael Snedecor, Livermore, spoke in support of the hotel.

Jeff Kaskey, Livermore, suggested a need for an additional Downtown Steering Committee meeting in July, and expressed concern for traffic, parking and construction.

There were no more speakers.

VM Spedowfski agreed with CM Woerner's suggestion about developing a list of tools.

CM Woerner said any tools to limit the number of housing units would have to lock-in future Councils. He said there has to be other options to developing the entire project at once; doing so would be very expensive and disruptive. He said the project should be staged to assist the Council in assuring the community about the number of housing units.

CM Coomber said the Downtown Steering Committee had done a very good job and had a lot of voices. As a member of the Finance Subcommittee, there were facts that would be presented and considered as well. He said the project should be put together in its entirety and stated in the construction process.

Mayor Marchand said it was the direction from Council to study the hotel and parking first. He said the community wanted parking first and wanted it now. He said it would be very difficult to plan the entire downtown; the focus should be on the hotel and parking first. He said broadbase community outreach would be the most important part; to find out what the community wanted and to have a successful hotel and downtown.

In response to questions by CM Woerner, City Manager Marc Roberts said the traffic and parking studies and analysis of key intersections in the Downtown had been presented to the Downtown Steering Committee. With regards to starting the scenario building process, Mr. Roberts and Mr. Early said the Committee had been provided with general information regarding traffic impacts from individual uses that would allow the development of alternatives for traffic, fiscal and economic viability and more. He said the Council had set a very specific schedule that had already been amended once. Staff and the consultant team believed the task could be accomplished with the scheduled meetings.

In response to questions by VM Spedowfski, City Engineer Cheri Sheets confirmed the City had current traffic counts of turning movements going into the Jiffy Lube site in addition to midblock on Livermore Avenue.

BY CONSENSUS OF THE CITY COUNCIL, STAFF WAS DIRECTED TO EXPLORE VARIOUS TOOLS TO SPECIFY LOCATION AND MAXIMUM NUMBER OF HOUSING UNITS IN THE DOWNTOWN AFTER THE OUTREACH PROCESS HAS BEEN COMPLETED.

6.02 Discussion and direction regarding the framework for the development of a Green Infrastructure Plan.

Recommendation: Staff recommended the City Council adopt a resolution approving the framework for the development of a Green Infrastructure Plan.

Senior Civil Engineer Joel Waxdeck presented the staff report.

John Stein, Livermore, spoke regarding the magnitude of the street mitigation and questioned the number of acres.

In response to questions by Mayor Marchand, City Engineer Cheri Sheets said the number was based upon industrial acres of land, not acreage of the streets.

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

Resolution 2017-084 adopting the City of Livermore's framework for Green Infrastructure Plan Development.

6.03 Discussion and direction regarding the Asset Management Program for sidewalks and pedestrian access ramps.

Recommendation: Staff recommended the City Council approve a new prioritization method for sidewalk and pedestrian access ramp repair and replacement in the development of the Asset Management Program.

Management Analyst Anthony Smith presented the staff report.

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATION.

6.04 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from July 1 - December 31, 2017, including the Livermore Area Youth Advisory Commission.

Recommendation: Staff recommended two Council Members be appointed to serve on the City Council Subcommittee for Advisory Bodies.

THE CITY COUNCIL APPOINTED MAYOR MARCHAND AND CM CARLING TO THE SUBCOMMITTEE.

6.05 Selection of voting delegate and alternate(s) for League of California Cities Annual Conference.

Recommendation: Staff recommended the City Council designate a voting delegate and alternates(s).

THE CITY COUNCIL APPOINTED CM CARLING TO SERVE AS THE VOTING DELEGATE AND MAYOR MARCHAND AS THE ALTERNATE VOTING DELEGATE FOR THE 2017 ANNUAL CONFERENCE.

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 (LAVTA) CM Coomber said he attended the meeting. There was a discussion on new bus designs in addition to a report from a disability advocate regarding the new wheelchair restraint system.

CM Woerner said he did not have a report.

Gillig VM Spedowfski said on June 1, 2017 he attended the ribbon cutting ceremony for the opening of the bus manufacturing company.

Livermore Amador Valley Transit Authority (LAVTA) VM Spedowfski said he attended the meeting along with CM Coomber.

East Bay Community Choice Energy VM Spedowfski said on June 7, 2017 he attended the meeting. He said the Joint Powers Authority was in the process of hiring consultants and a chief executive officer.

Rodeo VM Spedowfski said on June 10, 2017 he attended the annual rodeo parade.

SME of Silicon Valley Mayor Marchand said on May 25, 2017 he made a presentation on manufacturing returning to Livermore at the SME Manufacturing Conference.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 25, 2017 he attended the board meeting. There was an update on state and federal legislative activities. The were also updates on the 2040 Bay Area Plan and the South County Capital Projects.

Livermorium Mayor Marchand said on May 25, 2017 he attended the Livermorium Day Celebration at Mills Square Park. He said CMs Carling and Coomber were also in attendance.

Memorial Day Mayor Marchand said on May 29, 2017 he attended the Quilts of Valor lunch at Veterans Memorial Hall in Pleasanton.

Citizens Police Academy Mayor Marchand said on May 31, 2017 he and CM Coomber graduated the 31st academy.

Tri-Valley City Council Meeting Mayor Marchand said on May 31, 2017 he attended the meeting. There was a review of new strategies for the federal legislative agenda.

Gillig Mayor Marchand said on June 1, 2017 he attended the ribbon cutting ceremony. He said the first bus that rolled off the line was a LAVTA bus.

San Joaquin Regional Rail Commission Mayor Marchand said on June 2, 2017 he attended the board meeting. There was a discussion on the budget and community outreach.

2017 Smart City Conference Mayor Marchand said on June 2, 2017 he made a presentation on how Livermore creates technologies to help other cities operate as a smart city.

Canine Officer Mayor Marchand said on June 4, 2017 he attended the walk-off for Finn, Livermore's retiring canine, after eight years of service.

Innovation Tri-Valley Mayor Marchand said on June 9, 2017 he attended the meeting. There was an update on Tri-Valley health care.

Host Community Impact Fees (HCIF) Mayor Marchand received consensus from Council to direct staff to provide an analysis and long-term projection on the HCIF and a potential update of the City's HCIF Policy to include options for the provision for residual host community impact fees to be used to support the Bankhead Theater.

8.

ADJOURNMENT - 10:31 pm to a regular City Council meeting on June 26, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK