CITY COUNCIL MINUTES

June 24, 2013

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REGULAR MEETING

1. CALL TO ORDER The meeting of the City Council was called to order by Mayor John Marchand at 7:05 pm, at the Bankhead Theater, 2400 First Street, Livermore, California.

1.01 ROLL CALL Present: Mayor John Marchand, Vice-Mayor Stewart Gary, and Councilmembers Doug Horner and Bob Woerner.

Councilmember Turner was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

2.01 PRESENTATION OF HIGH SCHOOL SENIOR ART AWARDS

Mayor Marchand presented awards to the recipients of the 2013 High School Senior Art Awards.

2.02 COMMISION FOR THE ARTS ANNUAL UPDATE

Commission for the Arts Chairperson Len Alexander presented the annual update.

2.03 APPOINTMENT OF THE CITY'S POET LAUREATE FOR A TWO-YEAR TERM Appointment of Kevin Gunn as the Citys Poet Laureate for a two-year term beginning on July 1, 2013 through June 30, 2015 and administration of oath of office.

Connie Post, Livermore, spoke regarding being the Citys founding poet laureate, complimented Cher Wollard, the Citys second poet laureate and welcomed Kevin Gunn, the incoming poet laureate.

Cher Wollard, Livermore, spoke regarding her experience as poet laureate and recited her poem Legacy.

ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT OF KEVIN GUNN TO A TERM ENDING JUNE 30, 2015.

City Clerk Susan Neer administered the oath of office to Kevin Gunn.

2.04 EXPANSION OF THE PERIODIC TABLE OF ELEMENTS Presentations honoring the expansion of the Periodic Table of Elements from the creation of Element 114 Flerovium and Element 116 Livermorium and presentation of a proclamation declaring May 30th as Livermorium Day.

Mayor Marchand presented a proclamation to the community declaring May 30th as Livermorium Day in recognition of the great honor of having the Citys name on the Periodic Table of Elements and as a fitting tribute to the contribution of Livermores scientific community. He spoke regarding the dedication of Livermorium Plaza.

Dr. Pensoe Albright, Director of Lawrence Livermore National Laboratory, spoke regarding the Colloquium event and the successful collaboration between the two teams of scientists.

Mayor Marchand recognized and presented gifts to the scientific teams of Lawrence Livermore National Laboratory and Flerov Laboratory of Nuclear Reactions.

3. CITIZENS FORUM

Dan Macri, Livermore, spoke in opposition to the proposed Garaventa Hills project expressing concerns including traffic and destruction of the natural beauty of the hills.

Marnie Steele, Livermore, spoke in opposition to the proposed Garaventa Hills project expressing concerns for increased density, traffic, disruption of the wetlands and damage to the scenic resources of the area.

David Williams, Livermore, spoke regarding a hit and run accident four months ago.

Ross Hoblitzell, Livermore, requested assistance with the negative impacts a large City tree adjacent to his property was causing to his property.

Judy Galletti, Citizens Alliance for Property Rights, spoke against Plan Bay Area.

Don Meeker, Livermore, spoke regarding city ordinances dating back to 1880 regulating entertainment.

Robert S. Allen, Livermore, said the City Council should take action to establish the plan lines along I-580 to be prepared for BART.

John Stein, Livermore, spoke regarding the dying trees at the old Groth Brothers site. He said oak trees were dying along Vineyard Avenue next to the quarry and it appeared the disease was spreading to the trees along Arroyo and Vallecitos Roads.

Karen Crosley, Livermore, spoke against the proposed Garaventa Hills project. She said most people in her neighborhood believed the project was a done deal and nothing could be done to stop it. She was concerned about the hills being destroyed and the creek being moved, and said the area needed affordable housing not high-priced housing.

Verlin Crossley, Livermore, spoke against the proposed Garaventa Hills project saying most people believe the project was a done deal. He was concerned for the safety of children in the area.

4. CONSENT CALENDAR

Item 4.07 In response to questions by CM Horner, City Attorney John Pomidor said even though CM Horner was an employee of Chabot-Las Positas Community College District, he did not have a conflict of interest on this item.

Item 4.04 Interim Police Chief Randy Sonnenberg presented the staff report.

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

4.01 Approval of Minutes - June 10, 2013 regular City Council meeting.

4.02 Resolution 2013-063 appointing Jason R. Alcala Acting City Attorney and approving contract establishing compensation and employment terms effective July 15, 2013.

4.03 Resolution 2013-064 authorizing execution of an agreement with Motorola Solutions, Inc., in an amount not to exceed $117,000, for maintenance and support of public safety software and related systems.

4.04 Resolution 2013-065 authorizing the appropriation and expenditure of the Department of Alcohol and Drug Programs' Strategic Prevention Framework State Incentive Grant in the amount of $380,000 divided over a three year period.

4.05 Resolution 2013-066 amending Resolution No. 72-79 to add the job classification of Fleet Services Worker to the Municipal Employees Association for Negotiations Salary Schedule.

4.06 Resolution 2013-067 approving restructuring of Las Positas Golf Course loans in Fiscal Year 2012-2013.

4.07 Resolution 2013-068 authorizing execution of a Memorandum of Understanding between the City of Livermore and Chabot-Las Positas Community College District for the 2013 Old Fashioned 4th of July Celebration.

4.08 Resolution 2013-069 authorizing the renewal of the agreement with Jordan and Associates, Inc., in the amount of $24,000, to provide Federal Government Affairs Consulting Services for the Tri-Valley Cities in Alameda and Contra Costa Counties.

4.09 Resolution 2013-070 authorizing an additional appropriation of $50,200 and approving the updated allocation of Community Development Block Grant funds for Fiscal Year 2013-2014.

4.10 Resolution 2013-071 accepting for permanent maintenance Signature Properties Tract Map 7444, Dunsmuir Phase 3B and releasing of security. (McLarren Court, Cooper Circle, White Crane Circle, Thomas Court, Public Utility Easements, Sidewalk Easements)

5. PUBLIC HEARINGS

5.01 Hearing to consider an amendment to the Livermore General Plan to modify and simplify the Economic Development and Fiscal Element by moving program details to the City-Wide Economic Incentives Program, and an amendment to the City-Wide Economic Incentive Program to refine existing program requirements and add a sales tax reimbursement program for existing businesses investing in on-site improvements to commercial and industrial properties. This item was continued from the June 10, 2013 City Council meeting.

Location: Various
Applicant: City of Livermore
On-site and off-site public improvements: None
Site Area: Various
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Numbers: General Plan Amendment 13-003, Policy Proposal Implementation 13-001

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution amending the Livermore General Plan (General Plan Amendment 13-003) and City-Wide Economic Incentives Program (Policy Proposal Implementation 13-001).

Senior Planner Steve Stewart presented the staff report.

Mayor Marchand opened the public hearing.

Don Meeker, Livermore, asked how many businesses in town qualified for the program.

In response to questions by Mayor Marchand, Mr. Stewart said currently there were 10-12 businesses that qualified for the program.

There were no more speakers and the hearing was closed.

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

Resolution 2013-072 amending the Livermore General Plan to modify and simplify the Economic Development and Fiscal Element by moving program details to the City-Wide Economic Incentives Program, and amending the City-Wide Economic Incentive Program to refine existing program requirements and add a sales tax reimbursement program for existing businesses investing in on-site improvements to commercial and industrial properties.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

6.02 Discussion and direction regarding City Council appointment of one voting delegate and up to two alternates for the League of California Cities Annual Conference, September 18-20, 2013.

Recommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates for the League of California Cities Annual Conference.

ON THE MOTION OF CM HORNER, SECONDED BY VM GARY, THE CITY COUNCIL APPOINTED MAYOR MARCHAND TO SERVE AS THE VOTING DELEGATE FOR THE ANNUAL CONFERENCE. ANY COUNCILMEMBER ATTENDING THE CONFERENCE SHALL SERVE AS AN ALTERNATE. 6.03 Discussion and direction regarding appointment of Councilmembers to the City Council Subcommittee to conduct Advisory Body interviews from July 1 through December 31, 2013.

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

CM HORNER AND CM WOERNER WERE APPOINTED TO SERVE ON THE CITY COUNCIL SUBCOMMITTEE FOR ADVISORY BODIES THROUGH DECEMBER 31, 2013.

6.04 Discussion and direction regarding pending State or Federal legislation. None.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBER

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Councilmembers.

Springtown Homeowners Association CM Horner said on June 20, 2013, he attended the HOA meeting with Mayor Marchand and City staff. He said there was a discussion pertaining to the golf course lessee obtaining proper permits on a timely basis to divert stream water to a pond for golf course irrigation. Due to the delay, the lack of water caused fish in the pond to die. He said there was a good conversation with the golf course management team regarding their responsibilities, the status of future irrigation water and a commitment from the City to assist the lessee in obtaining the permits in a timely manner.

Advisory Bodies Interviews CM Woerner said on June 19, 2013 he and VM Gary conducted interviews for City Advisory Bodies.

Citizen of the Year CM Woerner said the Lions Club honored Stewart Gary as Citizen of the Year.

Distressed Trees CM Woerner said he would like staff to follow-up on the comments made by John Stein regarding the trees in distress. He said there were trees at College and L Streets that looked in trouble, too.

Garaventa Hills Project CM Woerner and VM Gary requested staff conduct a community meeting with the residents in the Garaventa Hills project area to provide them with accurate and up-to-date information regarding the proposed project and to stress the project was not a done deal.

Economic Incentives Program CM Woerner requested follow-up information on establishing a tier of smaller businesses that could be eligible for the Economic Incentives Program.

Citizen of the Year VM Gary said he appreciated the recognition from the Lions Club as Citizen of the Year.

Advisory Bodies Interviews VM Gary said on June 19, 2013 he and CM Woerner conducted interviews for City Advisory Bodies.

Westbound I-580 HOV Lane Mayor Marchand said on June 13, 2013 he attended the groundbreaking for the HOV lanes.

Innovation Tri-Valley Mayor Marchand said on June 14, 2013 he attended the meeting.

Springtown Homeowners Association Mayor Marchand said on June 20, 2013 he attended the meeting with CM Horner. He said there was a Girl Scout project to help beautify Livermore by planting trees to surround the pond.

Plan Lines on I-580 In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said the Council had adopted the plan lines throughout the entire length of Livermore on I-580. He said the plan lines were adopted in 2006 in the General Plan.

Mayor Marchand requested staff to follow-up with Mr. Hoblitzell regarding the tree impacting his property.

8. ADJOURNMENT at 8:21 pm to a regular City Council meeting on Monday, July 8, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED: JOHN P. MARCHAND, MAYOR