CITY COUNCIL MINUTES

July 22, 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 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

1.02 PLEDGE OF ALLEGIANCE 2. PROCLAMATIONS AND PRESENTATIONS

2. PROCLAMATIONS AND PRESENTATIONS 2.01 Proclamation honoring the Centennial of the National Association of Realtors Code of Ethics. Mayor Marchand presented the proclamation to Will Doerlich, Bay East Association of Realtors Board of Directors.

2.02 Human Services Commission Annual Update Mayor Marchand said the Human Services Commission Annual Update would be rescheduled.

3. CITIZENS FORUM Cindy Angers, Livermore, spoke in opposition to the proposed Garaventa Hills project and talked about her outreach efforts to local organizations.

Judy Galletti, Livermore, spoke regarding the One Bay Area Plan expressing concerns for lack of representation at the meetings, loss of local control, and congestion on I-580.

Marnie Steele, Livermore, spoke in opposition to the proposed Garaventa Hills project and expressed concerns regarding the increased density and view of the knoll.

John Stein, Livermore, spoke regarding the proposed Garaventa Hills project and said the Citys General Plan should not be incorporated as part of a development hearing. He spoke regarding proposed developments and expressed concerns regarding the loss of open space.

Howard Tsztoo, Livermore Cultural Arts Council, spoke regarding the upcoming arts exhibit during the month of August at the Livermore Public Library gallery and said there would be a celebration with speakers and live performers on August 3, 2013.

4. CONSENT CALENDAR 4.10 In response to questions by CM Horner, Associate Civil Engineer Kevin Duffus said the project required a permitting process that may have deterred developers from bidding; he said the City received one bid and the amount was not significantly more than the engineers estimate.

ON THE MOTION OF VM GARY, SECONDED BY CM HORNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.01 WHICH WAS REMOVED FROM THE AGENDA.

4.01 Resolution approving the concurrent consideration of applications for a General Plan Amendment and Planned Development - Residential at a future City Council meeting for an approximately 32-acre site located east of North Vasco Road, north of Garaventa Ranch Road/Altamont Creek Drive, and west of Laughlin Road (Garaventa Hills). ITEM 4.01 WAS REMOVED FROM THE AGENDA.

4.02 Resolution 2013-082 approving the 2013 to 2014 Tourism and Special Event Grant Program in the amount of $5,000.

4.03 Resolution 2013-083 authorizing execution of a Low Income Housing Agreement with Portola 70, LLC for the 70-unit development located at Portola Avenue and First Street.

4.04 Resolution 2013-084 authorizing submission of a Used Oil Payment Program application to the California Department of Resources Recycling and Recovery and designating program signature authority.

4.05 Resolution 2013-085 approving the terms and conditions of the Living Arroyos Program Agreement; authorizing negotiation and execution of the Living Arroyos Program Agreement between the City of Livermore, Zone 7 of Alameda County Flood Control and Water Conservation District, and Urban Creeks Council; authorizing the adoption of an annual work plan; and authorizing an annual amount not to exceed $75,000 to the Living Arroyos Program from programmed capital improvement projects.

4.06 Resolution 2013-086 reallocating $350,000 in Solid Waste and Recycling Impact Fees from the 2012 Street Resurfacing Project to the 2013 Slurry Seal Project; and authorizing execution of an agreement with American Asphalt Repair and Resurfacing Company, Inc., in the amount of $1,230,599, for construction of the 2013 Slurry Seal Project which incorporates the Hangar S-1 and Airport I & II Seal Coat Project, and the Caltrans Portola Avenue Park and Ride Lot Project.

4.07 Resolution 2013-087 appropriating $130,000 in Water Resources Replacement funds to the WRP Rake Drive Replacement Project; and authorizing execution of an agreement with Boson Engineering, Inc., in the amount of $116,818, for construction of the WRP Rake Drive Replacement, Project No. 2012-12.

4.08 Resolution 2013-088 appropriating $150,000 in Airport Operations funds and $265,000 in Water Resources Replacement funds to the Airport Southside Fencing Project; and authorizing execution of an agreement with Dryco Construction, Inc., in the amount of $406,026, for construction of the Airport Southside Fencing, Project No. 2013-15.

4.09 Resolution 2013-089 authorizing execution of an agreement with Redgwick Construction Co., in the amount of $1,009,553, for construction of the East Vineyard Avenue Realignment and Signalization, Project No. 1996-60; and authorizing execution of an agreement with East Bay Regional Park District to construct a portion of the Shadow Cliffs to Del Valle Regional Trail.

4.10 Resolution 2013-090 appropriating $470,000 in Measure B: Bike and Pedestrian Funds and $30,000 in General Funds to the Galaxy Court Flood Protection and Trail Culvert Replacement Project; and authorizing execution of an agreement with PARC Services, Inc., in the amount of $414,207, for construction of the project.

4.11 Resolution 2013-091 authorizing execution of a grant deed conveying 38 square feet of City pump station property to the developer (John L. Sullivan Family Partnership); and Resolution 2013-092 authorizing execution of the Subdivision Improvement Agreement, approving Parcel Map 9707 Final Map for recording, and accepting on behalf of the public all real property offered for dedication within Parcel Map 9707, Toyota Dealership, in conformance with the terms of the offer, except for the following, which the City Council rejects at this time, reserving the right to accept the offer at a future date: Parcels A, B, & C (Right-of-Way for Northfront Road), and Public Utility Easement.

4.12 Resolution 2013-093 authorizing execution of Grant Agreement No. AIP 3-06-0123-24 with the Federal Aviation Administration, in the amount of $151,500, to fund the design of the Rehabilitate Runway 7R/25L Pavement and Airfield Electrical System, Project No. 2013-13.

4.13 Resolution 2013-094 authorizing an appropriation of up to $80,000 in Fiscal Year 2013-2014 in City Housing Trust funds towards costs necessary to implement a site-focused outreach counseling program expanding prevention-based services and promoting housing stability for families residing in multi-family housing developments; and authorizing staff to hire a part-time family therapist/program administrator.

4.14 Resolution 2013-095 authorizing renewal of earthquake and flood insurance purchased from ACE INA Group/Westchester Insurance through the Citys broker, AON, in an amount not to exceed $115,000, to cover critical City facilities.

5. PUBLIC HEARINGS

5. PUBLIC HEARINGS 5.01 Hearing to receive protests related to the nonpayment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County assessor tax roll. (Continued from 7/8/2013) Recommendation: Staff recommended the City Council adopt the resolution overruling protests and confirming assessments - Livermore Sanitation Accounts, and directed staff to forward the finalized assessment report to the County Tax Assessor.

Public Works Supervisor Judy Erlandson presented the staff report.

Mayor Marchand opened the public hearing.

Ken Bradley, Livermore, spoke in protest and expressed concerns regarding the system where a third party was charged for a service they had not agreed to. He spoke regarding evicted tenants, mismatched addresses and the dates on invoices; and requested the properties at 758 Hanover Street, 285 Jensen Way, 1361 Cameo Court, 2281 Linden Street, and 989 Madrona Way not be included in the lien.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Ms. Erlandson said address discrepancies were due to tenant forwarding addresses as reported by the post office and were not necessarily service addresses.

Mayor Marchand said a solution to the problem was increasing the rent to include the cost of the service; he said it was a public health issue.

In response to questions by CM Woerner, Ms. Erlandson said the rules had been in place for over a decade but had only been enforced for one year. She said over the past year the City had reached out to all the property management companies.

ON THE MOTION OF CM HORNER SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AS AMENDED TO REMOVE 285 JENSEN WAY FROM THE ASSESSMENT LIST: Resolution 2013-096 confirming assessments - Livermore Sanitation Accounts, and directing staff to forward the finalized assessment report to the County Tax Assessor.

5.02 Hearing to confirm the Annual Levy of Assessments for the City's Landscape Maintenance Districts and adoption of the Engineer's Report for the Fiscal Year 2013 to 2014 Recommendation: Staff recommended the City Council adopt the resolution confirming the placement of the assessments on the County tax roll and adopting the Engineers Report for Fiscal Year 2013-2014.

Associate Civil Engineer Kevin Duffus presented the staff report.

In response to questions by Mayor Marchand, Mr. Duffus said the levies represented actual costs of maintenance; districts had individual fund balances, but the City did not intend to build those balances through levies.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM GARY, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-097 approving the placement of the assessments on the County tax roll and adopting the Engineers Report for Fiscal Year 2013-2014.

5.03 Hearing to receive protests and confirm assessments for the 2012-2013 SideWalk Repair Program, Project No. 2013-02. Recommendation: Staff recommended the City Council adopt a resolution overruling protests and confirming the placement of the assessments on the County tax roll.

Assistant City Engineer Mike Cavalieri 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 GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-098 overruling protests and confirming the placement of the assessments on the County tax roll.

5.04 Hearing to receive protests related to the annual weed abatement program and confirm the 2013 weed abatement assessments for collection on the county assessor tax roll. Recommendation: Staff recommended the City Council adopt a resolution overruling protests and confirming the placement of the assessments on the County tax roll.

Fire Marshal Scott Deaver presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions by VM Gary, Fire Marshal Deaver confirmed the addresses to be removed from the assessment were 217 North N Street, 1763 Chestnut Street, and Southfront Road.

ON THE MOTION OF VM GARY, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AS AMENDED TO REMOVE 217 NORTH N STREET, 1763 CHESTNUT STREET, AND SOUTHFRONT ROAD FROM THE ASSESSMENT LIST: Resolution 2013-099 overruling protests and confirming the placement of the assessments on the County tax roll.

6.

6. MATTERS FOR CONSIDERATION 6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

6.02

6.02 Resolution authorizing the City of Livermore's withdrawal from the Tri-Valley Water Retailers Cooperative Agreement. Recommendation: Staff recommended the City Council adopt a resolution authorizing notice of the City of Livermores withdrawal from the Tri Valley Water Retailers Cooperation Agreement; and directed staff to continue participating in a re-formed Tri Valley Water Wholesaler/Retailers Group.

Assistant Public Works Director Darren Greenwood presented the staff report.

Mayor Marchand said dissolving the cooperation agreement did not mean the retailers were no longer cooperating. He said bringing water wholesalers and retailers together would mean greater cooperation.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-100 authorizing notice of the City of Livermores withdrawal from the Tri Valley Water Retailers Cooperation Agreement; and directing staff to continue participating in a re-formed Tri Valley Water Wholesaler/Retailers Group.

6.03

6.03 Library Services Update. Recommendation: Staff recommended the City Council provide direction.

Interim Director of Library Services Tamera LeBeau presented the staff report.

In response to questions by CM Woerner, Ms. LeBeau said wait times for popular items were dependent on the length of the hold list; for example, the Library did not purchase a second copy of a popular book until the wait list was five people long. She said the funding had allowed the Library to reduce hold times by about one month.

In response to questions by Mayor Marchand, Ms. LeBeau said Saturday morning programs at the Springtown branch were not well attended; Thursday morning story times had been well attended in the past.

CM Turner said she was an avid user of the electronic library and said efficient use of staff to restore story times was fantastic.

CM Horner said he wanted to have the story times increased to three days a week; he said the library went beyond a place for books and magazines and people would like access to the computers.

In response to questions by CM Horner, Ms. LeBeau said marketing efforts to promote Springtown story times would be a multifaceted approach including press releases, Civic Center story times, email blasts, homeowners associations and the Library Facebook page.

VM Gary said it was refreshing to have a departmental update on a quiet agenda night instead of just once a year at the May budget workshop. He asked Ms. LeBeau to forecast what an annual replacement amount ought to be and said he would like to see future budget discussions start with a baseline that the Library always should be replacing a certain percentage of its collection.

THE CITY COUNCIL ACCEPTED THE REPORT AS PRESENTED.

6.04 Amgen Tour of California 2013 Update. Recommendation: Staff recommended the City Council provide direction regarding future Amgen Tour of California events.

City Manager Marc Roberts presented the staff report.

In response to questions by VM Gary, Senior Management Analyst Donna Pontau said there were 18 hours of Police overtime on the event day. Mr. Roberts confirmed that the overtime figure in the staff report represented a shift of resources.

In response to questions by Mayor Marchand, Permit Center Manager David Rashè said media exposure included over 3.5 billion online, print and television impressions worldwide; more than 50 hours of race coverage on television broadcast to over 200 countries; 1.1 million visitors to the event website; twenty-four thousand Twitter followers; fifty thousand Facebook fans; and more.

Mayor Marchand said Amgen was a huge effort and showed that Livermore could host a world-class event. He said Livermore had participated in the event for a number of years; volunteers could only be taxed so much and the Amgen sponsorship was problematic. He said local sponsors wanted to participate but could not due to national sponsors that were contracting with Amgen.

In response to questions by CM Woerner, Mr. Roberts said the 2014 Tour of California route was not yet available and was dependent upon which cities applied.

CM Woerner said the City had some leverage and should try to use it; the City was getting diminishing returns and could either optimize the application or pass on it.

In response to questions by CM Turner, Mr. Rashè confirmed the City could put together an RFP for only the overall finish.

In response to questions by Mayor Marchand, Mr. Rashè said the City was scheduled to host over sixty events in 2013.

VM Gary said the event was a heavy lift with tremendous costs. Livermore Downtown Inc. had expressed reservations and there was not a lot of enthusiasm for bringing the event back downtown. He suggested taking a break from the event to focus on local nonprofits and spoke regarding events that would be self-supporting.

Mayor Marchand said one of the main reasons for hosting the event was to provide a positive economic impact and demonstrate the quality of life in Livermore; if the City was not realizing that benefit, perhaps it was time to rethink.

In response to questions by VM Gary, Ms. Pontau said the RFP due date was August 16, 2013.

Mayor Marchand said Amgen had a national wine sponsor and couldnt use a local wine vendor despite several ideal venues in Livermore.

In response to questions by CM Woerner, Mr. Roberts said the City Council had to determine if the event was worth staff time. He said Las Positas College was large enough, but had a no-alcohol policy; the Rodeo grounds theoretically were big enough but were not laid out correctly; the wineries had co-branding issues; and industrial areas might not have a benefit. He said the City could explore working with local cycling groups to find venues and reshape the event.

Ms. Pontau said the City had a good relationship with the event organizers; a hiatus could be an opportunity to look at in-kind staffing, more volunteers, fundraising, and working with AEG to change the rules.

THE CITY COUNCIL DIRECTED STAFF TO NOTIFY AEG THE CITY WOULD NOT PARTICIPATE IN THE 2014 AMGEN TOUR OF CALIFORNIA EVENT AND WOULD RECONSIDER PARTICIPATION IN 2015.

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

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS 7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Councilmembers. Operation Gateway CM Horner said on July 19, 2013 he attended the Veterans First Program at Las Positas College that offered education, career planning, benefits, community resources and financial aid opportunities to returning and active military personnel.

Mayor Marchand said there would be a mental health summit at the Veterans Hospital in Palo Alto on July 29, 2013.

Stopwaste.org CM Turner said on June 13, 2013 she attended the board meeting and said the structure of the meeting format had changed.

Livermore Amador Valley Transportation Authority (LAVTA) CM Turner said on July 1, 2013 she attended the meeting with CM Woerner where they voted on the service changes. She said in mid-August drop-off service to the front door of the Civic Center Library would commence along with scheduling to coordinate with story time and the after school service project.

Student Loans CM Woerner said on July 14, 2013 he presented a proclamation honoring the 50th anniversary of the Student Education Loan Funding Organization.

Taste Our Terroir CM Woerner said on July 18, 2013 he attended the event sponsored by the Livermore Valley Wine Growers Association.

Vice Mayor Gary suggested staff work with promoters of running and cycling events to promote other sporting opportunities to members of the community.

Tri-Valley Community Television (TVCT) Mayor Marchand said he attended the monthly board meeting.

Alameda County Mayors Conference Mayor Marchand said on July 10, 2013 he attended the conference. There was a presentation on the West Nile Virus and an update on Alameda County economic development.

Fallen Heroes Mayor Marchand said there would be a scholarship fundraiser to benefit the children of fallen police, fire and military personnel at the Vine Theater on August 7, 2013.

Mayor Marchand said there would be the second annual Town Hall meeting in September.

False Alarms Mayor Marchand requested staff prepare an ordinance in response to 90% of the 4,300 alarm calls responded to by Livermore Police that were false alarms.

Drug/Gang Nuisance Mayor Marchand requested staff prepare an ordinance to address properties that had a high and excessive amount of police activity related to drug and gang activity.

Cycling Committee Mayor Marchand requested staff begin preparation of a cycling committee as required by the Alameda County Transportation Commission and Metropolitan Transportation Commission. He said the cycling committee could be used as a liaison for future cycling events including Amgen Tour of California.

Mayor Marchand cancelled the regular meeting of August 12, 2013.

8. ADJOURNMENT at 8:43 pm in memory of Bill Geyer to a regular City Council meeting on Monday, September 9, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.