July 23, 2018

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REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council, Livermore Successor Agency, and Livermore Capital Projects Financing Authority was called to order by Mayor John Marchand at 7:03, 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 and Bob Coomber. Council Member Steven Spedowfski 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 declaring July 29 - August 5, 2018 as Play Ball Week.

Mayor Marchand presented a proclamation to Bill Aboumrad, David Wetmore, and Kathleen Minser declaring July 29 - August 5, 2018 as Play Ball Week in Livermore.

3.

CITIZENS FORUM

Karen Anderson, Livermore, spoke regarding Zone 7's Arroyo Mocho Medeiros Parkway Project, expressing concerns about erosion, protection of animals, the area's history, and preserving the area.

Allegra Williams, Livermore, expressed safety concerns regarding the crosswalk at Portola Avenue and Enos Way in proximity to the Lawrence Elementary School, requesting a crossing guard or flashing light.

David McGuigan, Livermore, spoke regarding the City's lawsuit against Alameda County and ethical concerns relating to the Police Department.

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore, including support for parking spaces for people living in their cars.

Jim Schmidt, Livermore Valley Opera and Livermore Shakespeare Festival, spoke regarding his organizations' need for storage and construction space and the possibility of using the temporary Council Chambers trailer space.

John Stein, Livermore, spoke regarding Livermore's long-term planning in contrast to Silicon Valley as the population and workforce increased.

Karl Wente, Livermore, spoke regarding the process of good government and understanding various municipal projects, funds, and terminology.

4.

CONSENT CALENDAR

Item 4.02 and 4.13 were removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.02 AND 4.13.

Item 4.02 Evan Branning, Unified Livermore, suggested improving the picture and sound quality of the Council meeting broadcast video stream and posting the videos online earlier.

There was discussion regarding past and future upgrades to the broadcast technology used for Council meetings. In response to questions from the Council, City Manager Marc Roberts said TV30 owned most of the broadcast equipment and was implementing a number of technological improvements regarding streaming and interfacing with Comcast. He confirmed that staff would provide an informational memorandum to Council on the topic.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.02 AND DIRECTED STAFF TO RETURN WITH A MEMORANDUM CLARIFYING THE NATURE AND TIMING OF TECHNOLOGICAL IMPROVEMENTS.

Item 4.13 Connie Kopps, Livermore, spoke regarding her technological difficulties accessing old Council materials and said material needed to be presented in a way that people could understand.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.13.

4.01 Approval of minutes - July 9, 2018 regular City Council meeting.

4.02 Resolution 2018-125 authorizing the budgeted expenditure of $184,794, for local cable programming services and meeting video services provided by Tri-Valley Community Television in Fiscal Year 2018-19.

4.03 Resolution 2018-114 authorizing execution of an agreement with Brightview Landscape Services, Inc., in an amount not to exceed $695,000, for landscape maintenance services at the Sage Community Facilities District, the Shea Business Center, and Shea Center Landscape Maintenance Districts.

4.04 Resolution 2018-115 awarding bid and authorizing execution of an agreement with DC Electric Group, Inc., in the amount of $103,990, for construction of the Street Light Pole Replacement Project No. 2001-13, New Street Light Luminaire Installation Project No. 2018-39, Downtown Sculpture Lighting Project No. 2018-41, and the Livermore Village Parking Lot Lighting Project No. 2014-37.

4.05 Resolution 2018-116 re-allocating $136,000 in Gas Tax Funds from the 2018 Street Resurfacing Project No. 2018-01, to the West Jack London Boulevard Widening Project No. 2015-28 in Fiscal Year 2018-19; and authorizing execution of change orders up to a cumulative amount of $213,709, equal to 27% of the original bid amount with Grade Tech Inc., to incorporate enhanced bicycle facilities and standard change order requests for construction of the West Jack London Boulevard Widening Project.

4.06 Resolution 2018-117 re-allocating $20,000 in Airport funds from the Airport Pavement Maintenance Project No. 2014-25, to the Airport Airfield Markings Maintenance Project No. 2017-18; appropriating $650,000 in General Funds from unallocated reserves to the Demolition of Downtown Property and Site Preparation Project No. 2014-37; authorizing execution of an agreement with Goodfellow Bros. California, LLC, in the amount of $5,545,584, for construction of the 2018 Street Resurfacing Project No. 2018-01; and authorizing execution of change orders up to 19% of the original bid amount of the 2018 Street Resurfacing Project to accommodate Downtown Core Phase 2 temporary parking improvements.

4.07 Resolution 2018-118 accepting for permanent maintenance and releasing of security for the Pleasant View Lane Annexation Improvements, Project No. 2016-22. Location: Pleasant View Lane.

4.08 Resolution 2018-119 accepting Tract 8199 public improvements for permanent maintenance; accepting all real property offered for dedication within Tract Map 8199, including Cumulus Street, Flurry Drive, Westwind Street, Public Utility Easement, Public Landscape and Sidewalk Easement, Emergency Vehicle Access Easement, Storm Drain Easement, and Sanitary Sewer Easement; and authorizing release of security. Location: Brisa Street and South Vasco Road.

4.09 Resolution of intention 2018-120 to form Community Facilities District No. 2018-1 (Auburn Grove Maintenance) and a future annexation area to finance certain ongoing maintenance services, waiving the otherwise-applicable election time periods, and calling for a public hearing on September 10, 2018 to consider formation of the Community Facilities District and the future annexation area. Location: First Street.

4.10 Resolution 2018-121 rescinding Resolution No. 2017-169 and authorizing execution of the Transfer of Property and Sales Tax Revenues Agreement with Alameda County for the Concannon Winery property; and Resolution 2018-122 succeeding existing Williamson Act contracts for the property upon annexation pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act.

4.11 Resolution LSA 2018-01 of the Livermore Successor Agency adopting the proposed Debt Policy as required by and in compliance with Government Code Section 8855(i), as amended and effective January 1, 2017; and Resolution LCPFA 2018-1 of the Livermore Capital Projects Financing Authority adopting the proposed Debt Policy as required by and in compliance with Government Code Section 8855(i), as amended and effective January 1, 2017.

4.12 Resolution 2018-123 authorizing execution of an agreement with Innovative Claim Solutions, in an amount not to exceed $109,396, for third-party administration services for the City's self-insured workers' compensation program.

4.13 Resolution 2018-126 accepting Closeout Reports for the Consolidated Reassessment and Refunding District of 2002; and Resolution 2018-127 declaring the remaining revenue fund and reserve account balances to be surplus, ordering the disposition of such surplus, and approving the closeout report for the 1998 Authority Refunding Revenue Bonds and Consolidated Refunding District No. 1993-4.

4.14 Resolution 2018-124 accepting the Annual Report on Community Facilities District 99-1 (Tri-Valley Technology Park), Community Facilities District 2016-2 (Shea Properties), and Community Facilities District 2009-1 (Crosswinds Church), for Fiscal Year 2016-2017.

5.

PUBLIC HEARINGS

5.01 Hearing to receive protests related to the annual fire hazard abatement program and confirmation of the 2018 fire hazard abatement assessments for collection on the County Assessor tax roll.

Recommendation: Staff recommended the City Council consider adoption of a resolution overruling protests and confirming the placement of the assessments on the County tax roll.

Fire Marshal Ryan Rucker presented the staff report.

In response to questions by CM Carling, City Manager Marc Roberts confirmed that a revised exhibit to the resolution had been provided as supplemental material showing the final list of assessments.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2018-128 overruling protests and confirming assessments - Fire Hazard Abatement.

5.02 Hearing to receive community input regarding boundaries and composition of districts to be established for district-based elections pursuant to the Elections Code.

Recommendation: Staff recommended the City Council receive community input.

Administrative Services Director Douglas Alessio and Wagaman Strategies Consultant Michael Wagaman presented the staff report. Remcho, Johansen & Purcell Consultant Thomas Willis was available for questions.

In response to questions by VM Woerner, Mr. Wagaman confirmed that communities of interest with identifiable boundaries could be added to the districting software.

Mayor Marchand opened the public hearing.

Evan Branning, Livermore, spoke in support of aligning the Council districts close to existing precincts.

Kyle Dickerson, Livermore, suggested options to prevent potential future gerrymandering, such as an independent citizens commission and open source software.

John Stein, Livermore, suggested working with the school district and park district; he said Livermore was fairly homogeneous and it would be nice to see what the districts might look like before starting the community input.

Jacob Anderson, Livermore, said the north-east area north of the freeway known as Springtown should be kept intact and not separated.

George Hastings, Livermore, expressed concerns regarding divisiveness resulting from district elections and said if the system wasn't broken, don't fix it.

Brent Siler, Livermore, said the community had one common interest, which was Livermore; he supported using open-source software as an alternative to balance the consultant's data.

Karl Wente, Livermore, supported comments made by Mr. Dickerson and said the process needed to be done well. He encouraged the community to participate in the process and said Livermore was a diverse community.

There were no more speakers and the hearing was closed.

In response to questions by CM Carling regarding open source software, Mr. Wagaman described the proprietary tool he used and said all of the systems used the same publicly available dataset from the U.S. Census Bureau. He said the Council would need to balance between data and other priorities.

There was discussion regarding financial costs and loss of control if the City did not transition to district-based elections. City Attorney Jason Alcala confirmed that if the process were not completed in the timeframe specified by the California Voting Rights Act (CVRA), the proponent could file a lawsuit against the City and a judge would become part of the decision-making process.

VM Woerner said it was very important to do the project well and in an open manner, and said that compactness was a good criteria. He said that as the community was going through the districting process, the Council should concurrently begin to think about the Council's norms and values.

THE CITY COUNCIL DIRECTED STAFF TO RETURN WITH INFORMATION REGARDING RULES IN THE COUNCIL'S NORMS AND VALUES IN THE CONTEXT OF MOVING FROM AT-LARGE TO DISTRICT-BASED ELECTIONS.

CM Coomber said he was not aware of gerrymandering problems in cities with at-large elections; he spoke regarding the diversity in the community and the offensiveness of assertions that because he was not of a certain background he could not understand the community's issues. He said he would watch the process closely and he would rather concentrate on common goals and objectives.

In response to questions by Mayor Marchand, Mr. Wagaman said that the slices shown in the presentation did not incorporate precincts, but were based on census block groups and then broken into smaller pieces to provide more flexibility to allow the public to provide constructive feedback to the Council. He said Council could go much more granular if needed; generally people would not submit plans if there was too much information.

Mayor Marchand said he was less concerned regarding gerrymandering, because the elections were non-partisan and the Council stood for good governance. He expressed concerns regarding other agencies needing to go to district-based elections in the future, saying the park district boundaries were not contiguous to the City's boundaries.

In response to questions by Mayor Marchand, Mr. Wagaman said the Council could provide direction that, to the extent practicable, the districts would follow existing precincts. He said overlapping jurisdictions could be considered as well, and noted that the boundaries would be redrawn in two years.

In response to questions by Mayor Marchand regarding disenfranchised protected communities, City Attorney Jason Alcala said in regards to the CVRA, once the City Council made the transition to district elections, the arguments in Mr. Shenkman's letter would not apply.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding an Exclusive Negotiating Rights Agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc., for development of the Pacific Avenue Multi-family Housing Site.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of an Exclusive Negotiating Rights Agreement (ENRA) with Satellite Affordable Housing Associates and Interfaith Housing, Inc. for development of the Pacific Avenue Multi-family Housing Site.

Housing Programs Manager Frances Reisner presented the staff report.

Mayor Marchand invited public comment.

Dawn Argula, CEO, Livermore Valley Chamber of Commerce, spoke in support of the project.

Connie Kopps, Livermore, expressed concerns regarding the exclusive negotiating rights agreement and lack of competitiveness in the process.

Karl Wente, Livermore, spoke regarding good government and said the process was competitive.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said an ENRA allowed the selected partner to know that resources could be expended with the understanding that the City would not offer the project to someone else.

Eve Stewart, Satellite Affordable Housing Associates, and Lanning Thompson, President of the Board, Interfaith Housing, spoke regarding their organizations' efforts and expressed appreciation for the City's partnership.

The City Council expressed support for the work done by Interfaith Housing and Satellite Affordable Housing Associates and thanked VM Woerner for his vision for the project.

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

Resolution 2018-129 authorizing execution of an Exclusive Negotiating Rights Agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc. for development of the Pacific Avenue Multi-family Housing Site.

THE CITY COUNCIL RECESSED FROM 9:07 - 9:18 PM.

6.02 Consideration of Elections Code Section 9212 Report regarding Local Regulation of Health Care Service Costs Initiative.

Recommendation: Staff recommended the City Council adopt a resolution accepting the Elections Code Section 9212 Report on the Local Regulation of Health Care Service Costs initiative petition; and adopt a resolution either:

A. Approving and adopting the initiative; or

B. Placing the initiative on the ballot and requesting the Registrar of Voters conduct the election, establishing dates for ballot arguments and rebuttals (August 6, 2018 for direct arguments and August 16, 2018 for rebuttal arguments); and directing the City Attorney to prepare an impartial analysis.

If the Council places the initiative on the ballot, it should also determine whether to appoint a subcommittee to prepare a ballot argument and rebuttal opposing the measure.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand invited public comment.

Lubna Hasanain, President-Elect, Alameda Contra Costa Medical Association, spoke in opposition to the initiative and supported amending the ballot measure question.

John Stein, Livermore, spoke in opposition to the initiative, saying it was too granular and the City needed the funds for other uses.

Rosalie Garcia Bernal said she was a health care worker and spoke regarding her family's negative experiences with Stanford Healthcare, expressing support for the initiative.

Dale Kaye, Innovation Tri Valley Leadership Group, expressed opposition to the initiative, saying it was hazardous to health care providers and business community.

Shake Sulikyan, Livermore, spoke in opposition to the initiative and read a letter on behalf of the Southern Alameda County Dental Society.

Brent Siler, Livermore, expressed opposition to the initiative and asked how information would be communicated to the community.

Doug Jones, Livermore, expressed support for the initiative and opposed creation of a City Council subcommittee.

Dawn Argula, CEO, Livermore Valley Chamber of Commerce, opposed the initiative, saying it was poorly written and developed without input.

Connie Kopps, Livermore, supported discussing the initiative and said complicated items needed to be written so constituents could understand them.

Tom Marcel, Livermore, spoke in opposition to the initiative, saying it could have a disastrous effect on the quality of care in Livermore.

Denise Bouillerce, Director of P.R. Marketing, Stanford Health Care ValleyCare, Livermore, spoke in opposition to the initiative, saying it was harmful and misguided.

Curt Kirschner, Jones Day Law Firm, representing Stanford ValleyCare, spoke in opposition to the initiative, saying it had nothing to do with quality of care or infection rates, and supported amending the ballot question.

Scott Gregerson, President of Stanford Health Care ValleyCare, spoke in opposition to the initiative, referencing a report his organization submitted to the Council and saying the initiative had nothing to do with quality or affordability.

CM Carling said the initiative was a horrible idea, saying Livermore and Palo Alto were being targeted by the union and he didn't understand what infection rates or Stanford's profits had to do with his dentist. He said the administration of the initiative would cost the City and would result in other things needing to be cut.

CM Coomber expressed opposition to the initiative and concerns regarding health care in Livermore being limited, saying he was troubled by the signature gatherers selling the initiative as free healthcare and that union issues belonged at the negotiating table. He said the process was fallacious and he was astounded that the initiative had to go on the ballot.

VM Woerner agreed with comments by CM Carling and Coomber, saying this was the most serious threat to Livermore's quality of life that he'd ever seen and the Council needed to defeat the initiative and he hoped the community saw it for what it was.

Mayor Marchand agreed with the Council's comments, noting that the annual administration costs of the initiative would be 40% of the library's budget. He said the City was a service provider, not a regulator. He expressed support for appointing a subcommittee to draft the ballot argument and rebuttal argument, and for a special meeting on July 30, 2018 for the full Council to review the argument.

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

Resolution 2018-130 accepting Elections Code Section 9212 report regarding the local regulation of Health Care Service Costs Initiative Petition.

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

Resolution 2018-131 calling for and giving notice of the holding of a General Election for the submittal of the Local Regulation of Health Care Service Costs Initiative Petition to the voters of the City of Livermore and consolidating that election with the General Municipal Election to be held Tuesday, November 6, 2018.

The City Council discussed creating a subcommittee to draft the ballot measure argument in opposition to the initiative. City Attorney Jason Alcala clarified that if the full Council wished to review the argument, a special meeting would need to be called before August 6, 2018.

MAYOR MARCHAND APPOINTED CM CARLING AND VM WOERNER TO THE SUBCOMMITTEE TO DRAFT BALLOT MEASURE ARGUMENTS AND CALLED FOR A SPECIAL MEETING ON JULY 30, 2018 FOR THE FULL COUNCIL TO REVIEW THE ARGUMENT.

There was considerable discussion by the City Council regarding amendments to the ballot question.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL REVISED THE BALLOT MEASURE QUESTION TO READ AS FOLLOWS: "SHALL THE MEASURE REQUIRING THE CITY OF LIVERMORE TO BEAR THE COST OF DEVELOPING AND ENFORCING REGULATIONS LIMITING THE AMOUNTS FOR MEDICAL SERVICES THAT SPECIFIED HOSPITALS, MEDICAL CLINICS, DENTISTS, AND OTHER HEALTH CARE PROVIDERS IN LIVERMORE MAY BILL PATIENTS, OR INSURERS, EXCLUDING MEDICARE AND MEDICAID, BE ADOPTED?"

6.03 Resolution of Necessity (eminent domain) for the acquisition of portions of real property at 2038 and 2044 First Street for the Livermore Village Parking Structure Improvements and commencement of litigation.

Recommendation: Staff recommended the City Council, after making the appropriate findings, adopt a Resolution of Necessity authorizing the initiation of eminent domain proceedings to acquire portions of real properties located at 2038 and 2044 First Street, which are necessary for the construction of a 475 stall parking structure and for access onto the proposed Livermore Village Project site.

Assistant Community Development Director Eric Uranga presented the staff report.

Mayor Marchand invited public comment.

Karl Wente, Livermore, spoke regarding good government and the process of eminent domain.

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

Resolution 2018-132 to determine the necessity to acquire a portion of property by eminent domain for the construction of the proposed 475 stall downtown parking structure with public access to advance the Downtown Plan; to authorize commencement of litigation to acquire property by eminent domain; and to seek an Order of Possession (Code of Civil Procedure Section 1245.220).

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Storage Facility VM Woerner asked staff to work with Valley Opera and Livermore Shakespeare Festival to see what was feasible regarding building storage and construction facilities that were needed, and to what extent a temporary use of the Council Chambers trailer could be feasible.

Parking Lot for the Homeless CM Carling asked staff to provide an update on the status of his earlier request regarding a parking lot for the homeless.

Crossing at Lawrence Elementary VM Woerner requested staff provide Council with information in response to the concerns raised by Ms. Allegra Williams during Citizens Forum regarding the crosswalk at Portola Avenue and Enos Way in proximity to the Lawrence Elementary School.

8.

ADJOURNMENT - at 11:01 pm to a special City Council meeting on Monday, July 30, 2018; and to a regular City Council meeting on Monday, August 13, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK