July 9, 2018

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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, 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 Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC. The instructions will concern price and terms of payment.

2. Conference with Real Property Negotiator. To meet with Eric Uranga, City negotiator pursuant to Government Code section 54956.8 regarding the purchase, sale, exchange or lease of real property at 2038 First Street (APN Number 097-0001-022-00) and 2044 First Street (APN Number 097-0001-030-00). The City negotiator may negotiate with Kathleen Bireley and Thomas Chance, owner representatives. The instructions will concern price and terms of payment.

3. Anticipated 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. 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.

Note: This Closed Session may be continued to the end of the Regular Meeting.

REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 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 Presentation of certificates to Livermore Little League.

Mayor Marchand presented certificates to the Livermore Little League team.

2.02 Confirmation of advisory body appointments and reappointments, and administration of oath of office to new members.

Airport Commission

Appointment of Darin Bishop

Commission for the Arts

Appointment of Kimberly Ayers

Library Board of Trustees

Reappointment of Matthew Berry

Livermore Area Youth Advisory Commission (Youth)

Appointment of Evelyn Arroyo

Appointment of Jason He

Appointment of Elizabeth Ludwig

Appointment of Daphne Yan

Reappointment of Yesenia Medina

Reappointment of Amelia Nelson

Reappointment of Yagulan Srikumar

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

City Clerk Sarah Bunting administered the oath of office to Darin Bishop, Kimberly Ayers, Jason He, and Elizabeth Ludwig.

3.

CITIZENS FORUM

Brent Siler, Livermore, spoke in opposition to the City's recent modifications to the sidewalk repair program.

Donna Cabanne, Sierra Club and Livermore Eco Watchdogs, Livermore, expressed concerns regarding an upcoming Alameda County decision regarding two oil-drilling permits on Patterson Pass Road.

Connie Kopps, Livermore, spoke regarding efforts of the 'Together Rising' organization and asked the Council to hire staff to oversee the City's enterprise funds.

Ron Acciaioli, Livermore, spoke regarding the sale of the L Street Plaza and complaints against the Tri-Valley Haven thrift store relating to parking.

Doug Mann, Livermore, spoke regarding the 2014 Alameda County Transportation Commission measure to raise sales taxes in part for BART to Livermore, AB 758 legislation, his opposition to building a train from San Joaquin Valley to BART, and state legislation for jobs/housing balance.

Karl Wente, Livermore, spoke regarding good governance in Livermore and advertisements in The Independent regarding the Downtown plan.

4.

CONSENT CALENDAR

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.01 APPROVED ON A 4-0-1 VOTE, WITH VM WOERNER ABSTAINING.

4.01 Approval of minutes - June 18, 2018 special City Council meeting and June 25, 2018 regular City Council meeting.

4.02 Resolution 2018-106 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage; and Resolution 2018-107 authorizing the City Manager to award a construction contract for the 2017 Storm Damage Debris Removal, Project No. 2017-26, in an amount not to exceed $500,000.

4.03 Resolution 2018-108 authorizing issuance of a purchase order to Baker & Taylor Books for Fiscal Year 2018-19, in an amount not to exceed $200,000, for purchase of library books and audiovisual materials.

4.04 Resolution 2018-109 accepting for permanent maintenance and releasing of security for Tract 8343 (Lyon Homes, Inc.). Location: along the south side of Sonoma Avenue between El Caminito and Sonoma Court at the old Sonoma Elementary School site.

4.05 Resolution 2018-110 authorizing execution of a grant agreement and receipt of funds from the State of California Department of Alcoholic Beverage Control, in the amount of $29,332, for education and enforcement efforts related to the responsible sale and consumption of alcoholic beverages in Fiscal Year 2018-19.

4.06 Resolution 2018-111 approving award of Fiscal Year 2018-19 Tourism and Special Event Grant Program funds in the amount of $5,000.

5.

PUBLIC HEARINGS

5.01 Hearing to consider protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.

Recommendation: Staff recommended the City Council consider protests related to the non-payment of solid waste, recycling and organics services; adopt a resolution overruling protests to delinquent service fees and confirming the 2018 lien assessments; and direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Recycling Specialist Marisa Gan and Public Works Manager Judy Erlandson presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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 2018-112 considering and overruling objections and protests to delinquent service fees and confirming assessments - Livermore Sanitation accounts

6.

MATTERS FOR CONSIDERATION

MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.02 BEFORE ITEMS 6.01 AND 6.03.

6.01 Discussion and direction regarding the Joint Tri-Valley Potable Reuse Technical Feasibility Study.

Recommendation: Staff recommended City Council provide feedback on work performed to date and provide direction on participation in additional technical investigation of potable reuse technologies and evaluation of potable reuse as a strategy for diversification of the region's water supplies for increased supply reliability.

Water Resources Division Manager Helen Ling and Carollo Engineers Consultant Lydia Holmes presented the staff report. Carollo Engineers Consultant Andy Salveson was available for questions.

In response to questions on costs by Mayor Marchand, Ms. Ling and Zone 7 General Manager Valerie Pryor explained calculations of variable and fixed costs.

In response to questions from CM Spedowfski on augmentation versus injection, Mr. Salveson described augmentation and injection statistics across California, saying the majority spreading projects in California used tertiary recycled water treatment; he said the options in the presentation used reverse osmosis as primary treatment technology.

CM Spedowfski spoke regarding recent storm water capture and injection legislation, suggesting that future facilities consider capturing storm water. He spoke regarding past controversy surrounding potable reuse and suggested presenting to the public all of the steps that made water drinkable.

There was discussion regarding the projected increase in costs to average customers. VM Woerner stated that the costs and what the public was willing to spend did not match; he recommended waiting. Mr. Greenwood said in past surveys, people were more concerned about safety; the latest survey showed customers were more concerned about cost. Ms. Ling spoke regarding a concurrent effort, Tri-Valley Education 101, educating people about the system including complexity of the water system, cost of access, and other factors.

Mayor Marchand invited public comment.

Donna Cabanne, Livermore, expressed concerns about costs and long-term safety of potable reuse, particularly injecting into a closed basin, and suggested a vote rather than a survey.

John Stein, Livermore, spoke regarding past efforts to build a reverse osmosis plant, and technical, financial, and psychological problems. He urged Council to proceed and suggested public hearings.

There were no more speakers.

CM Coomber said sources to augment water supply needed to be investigated.

CM Carling spoke regarding the impact of cost increases, particularly on those with fixed incomes.

VM Woerner said he looked at this as a 25% increase and he did not see that continuing to pursue this made sense given the community survey. He stated that economics need to make sense in the context of the water needed and although the study was useful, it was not cost effective at present. VM Woerner said the Council needed to be careful about spending money in the form of staff time.

In response to budget questions from CM Spedowfski, Mr. Greenwood said there were ballpark costs but the initial effort would be staff time; any further spending would come back to Council for approval.

CM Spedowfski expressed support for continuing to participate in the group, providing input on the studies, and keeping options open.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 4-1 VOTE, CM CARLING VOTING NO, THE CITY COUNCIL DIRECTED STAFF TO CONTINUE TO PARTICIPATE IN THE STUDIES.

6.02 Discussion and direction regarding Las Positas Golf Course operations.

Recommendation: Staff recommended the City Council provide direction.

Public Works Manager Darren Greenwood presented the staff report.

In response to questions by CM Carling, Mr. Greenwood said CourseCo would set aside funds for capital repairs based on the City's list of needs at the golf course. He said language could be included for repairs beyond $200,000.

There was discussion regarding options for a hybrid option between retail and a sports park managed by Livermore Area Recreation and Park District (LARPD). In response to questions by the Council, Mr. Greenwood said it was possible that there was enough acreage for a hybrid option between retail and a sports park and that it would be through LARPD. He said soccer fields were a preliminary idea, but there was concern about proximity to the freeway, although financial realities might overcome that. Mayor Marchand spoke regarding Springtown acreage previously available for similar projects, but said LARPD had not been interested in taking it over due to funding. Mr. Greenwood stated that Springtown neighbors had not been in favor of the idea; CM Spedowfski said that a location next to the freeway was somewhat ideal due to travel and proximity to hotels.

Mayor Marchand invited public comment.

Connie Kopps, Livermore, expressed support for golf in Livermore, asked about the history of the golf course, keeping up with current marketing trends, managing the enterprise funding and questioned payment to the FAA.

Michael Sharp, President and CEO CourseCo, spoke regarding the CourseCo full lease proposal for the golf course, saying there would be no general fund subsidy while keeping current operators in place, and flexibility in the agreement.

Dan Bieber, Beeb's Sports Bar & Grill, spoke in favor of the CourseCo lease proposal and requested Council support the lease.

Patrick Miller, spoke regarding his experience working at Beeb's Sports Bar & Grill, saying the restaurant was part of the community.

Bernie Osini, Area President, U.S. Foods, spoke regarding the success of Beeb's Sports Bar & Grill and expressed support for the CourseCo proposal.

Lynn Staysa, Livermore, expressed support for the current golf course operators and the CourseCo proposal.

Mark Condos, CourseCo, spoke regarding his company's work at the golf course and expressed support for the CourseCo proposal.

Bruce Raymond, Regional President, U.S. Foods, spoke regarding the success of Beeb's Sports Bar & Grill and expressed support for the CourseCo proposal.

Brittany Traxler spoke regarding her experience working at Beeb's Sports Bar & Grill and expressed support for the CourseCo proposal.

Sean Mehard, Vice President of Sales, U.S. Foods San Francisco, spoke regarding the success of Beeb's Sports Bar & Grill and expressed support for the CourseCo proposal.

Don Staysa, Livermore expressed support for the current golf course operators and the CourseCo proposal.

Lauren Bieber spoke regarding her experiences at Beeb's Sports Bar and Grill and the golf course, and expressed support for the CourseCo proposal.

John Stein, Livermore, spoke regarding economic market cycles and suggested considering another restaurant at the I-580 interchange as an additional revenue generator.

Nancy Bankhead, Livermore, spoke regarding her experiences at the Las Positas Golf Course.

Gary Dankwardt, Livermore, spoke regarding his experiences at the Las Positas Golf Course, saying the course needed to be properly managed.

There were no more speakers.

Mayor Marchand said he wanted to avoid public subsidy, as the enterprise was supposed to cover its costs, and said the proposal accomplished this goal.

VM Woerner expressed support for the CourseCo proposal and said the City needed to be careful how the capital fund was administered, particularly the ratio of dollars spent on grounds versus the buildings.

CM Spedowfski expressed support for the CourseCo proposal, saying his goal was to keep open space and stop the subsidy.

CM Carling agreed with earlier comments and supported the CourseCo proposal. In regards to questions raised during public comment on the item, he said rent was paid to the Federal Aviation Administration (FAA) because part of the golf course was on FAA property.

CM Coomber expressed support for the CourseCo proposal and said he agreed with CM Spedowfski that the City should not be in the golf business and that the lease proposal was an ideal resolution; he expressed reservation regarding whether enough rounds could be played to fulfill the lease agreement, and spoke regarding the importance of how CourseCo would market the course.

Mayor Marchand thanked CM Spedowfski and CM Coomber for their work on the finance subcommittee.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO ENTER INTO THE COURSECO FULL-LEASE PROPOSAL.

THE CITY COUNCIL RECESSED FROM 8:49 PM -8:59 PM.

6.03 Discussion and direction regarding district based elections.

Recommendation: Staff recommended Council adopt a resolution declaring the City of Livermore's intent to transition from an at-large election system to a district-based election system, outlining specific steps to be taken to facilitate the transition, and estimating a time frame for action.

City Attorney Jason Alcala and Assistant City Attorney Gabrielle Janssens presented the staff report.

Mayor Marchand invited public comment.

John Stein, Livermore, said he philosophically did not support district elections but understood why the City was moving forward; he asked staff to define from-district and by-district elections and communities of interest.

Evan Branning, Livermore, said the people of Livermore would come together to support the City and he hoped to see a diverse Council with more people having a voice.

There were no more speakers.

CM Carling spoke regarding League of California Cities presentations he had attended regarding district-based elections and said from the demographer's point of view, district elections it did divide the city and become competitive between council members. He said it was important to hear from communities of interest and how they could be accommodated as the districts were draw.

CM Coomber expressed dissatisfaction with the process and said it would be very difficult to get a consensus; he did not see what was hoped to be gained with Livermore's population size.

In response to questions regarding by-district and from-district elections, Mr. Alcala said in by-district elections, candidates resided within a particular district and was only elected by voters that resided within that district; from-district elections required candidates to reside in a particular district; however, those candidates were elected by the community as a whole. He confirmed that the under the California Voting Rights Act, the City had to transition to by-district elections.

CM Spedowfski said that he would rather this come from the citizens by a vote and it was unfortunate as to the way it was coming about.

VM Woerner said a lot of good work had to be done in short time and the Council needed to recognize the reality and get on with it pragmatically; it was important to do it well. VM Woerner said this was not just a financial issue; the Council need to move forward so they would not lose control of the districts.

Mayor Marchand said the community needed to understand that this was not the City's idea. He expressed concerns that instead of focusing on the good of the City, future council members would focus on specific neighborhoods resulting in more divisiveness and polarization. He said while it was not in the best interest of Livermore, it was in the best interest of the finances of the City that we need to move ahead with this.

CM Spedowfski expressed support for retaining control over the process and said it would be divisive, particularly around the election season.

In response to questions by CM Spedowfski, Mr. Alcala confirmed that staff had engaged as partners with Livermore Area Recreation and Park District and Livermore Valley Joint Unified School District and would continue discussions.

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 2018-113 declaring the City of Livermore's intent to transition from an at-large election system to a district-based election system for council member elections, outlining specific steps to be undertaken to facilitate the transition, and estimating a time frame for action pursuant to Elections Code Section 10010.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

4th of July Fireworks Celebration CM Coomber said he attended the fireworks celebration in Livermore.

Livermore-Amador Valley Transportation Authority CM Coomber said he attended the board meeting.

Stopwaste.org CM Carling said he attended the meeting in June.

The Switch Grand Opening CM Carling said he attended the grand opening of the entrepreneur facility in the old J.C. Penny building on June 26, 2018.

League of California Cities (LOCC) CM Carling said he attended the executive forum in Monterey on June 27-29, 2018 where he attended a session on the California Voting Rights Act.

League of California Cities (LOCC) CM Spedowfski attended the meeting.

Livermore-Amador Valley Transportation Authority (LAVTA) CM Spedowfski attended the meeting on July 2, 2018 and reported that ridership was up by 8.2% over this time in 2016 and 2017.

4th of July Fireworks Celebration VM Woerner said he attended the fireworks celebration in Livermore.

The Switch Grand Opening Mayor Marchand attended the grand opening on June 26, 2018.

City Staff Retirement Celebrations Mayor Marchand attended the retirement celebrations in recognition of Stephan Kiefer on June 27, 2018 and Kevin Duffus on June 28, 2018.

Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the board meeting on June 28, 2018.

Teen Academy Graduation Mayor Marchand said he attended the graduation on June 2, 2018 recognizing high school students that interned at the City.

4th of July Fireworks Celebration Mayor Marchand said he attended the fireworks celebration in Livermore.

Alameda County Transportation Commission (ACTC) Mayor Marchand attended the Planning, Policy, and Legislative Committee meeting on July 6, 2018, where SB1 was discussed. He said if SB1 was repealed by Proposition 6 on the ballot, the City will lose $3.5 million of funding per year for streets and roads.

Play Ball Mayor Marchand announced that the 2018 Little League Intermediate World Series will be held the week of July 29-August 5, 2018 at Max Baer Park and encouraged community support of the event.

8.

ADJOURNMENT - at 10:28 pm to a regular City Council meeting on Monday, July 23, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK