July 25, 2016

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REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:01 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

Mayor Marchand said the meeting was being conducted pursuant to California Government Code concerning videoconferencing of meetings. He announced that Council Member Turner was in South Africa at the Westin Cape Town, and would participate in the meeting via videoconference. In accordance with the Ralph M. Brown Act, the location was identified in the notice and agenda for the meeting.

Mayor Marchand verified that CM Turner could clearly hear the proceedings and that all members of the Council could clearly hear CM Turner. He stated that all votes taken during the meeting would be by roll call vote and directed the City Clerk to call the roll.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Stewart Gary, and Council Members Steven Spedowfski, Laureen Turner, and Bob Woerner. Council Member Turner participated in the meeting by videoconference.

1.02 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS 2.01 Mayor's Special Award for Livermore Community Service honoring John Shirley.

Mayor Marchand presented the proclamation to John Shirley.

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

Beautification Committee Paul Eldredge to an unexpired term ending June 1, 2020 Cathy Norfleet Peeler to an unexpired term ending June 1, 2019

Library Board of Trustees Jennifer Estridge to an unexpired term ending June 1, 2019 David Struebing to an unexpired term ending June 1, 2019

Livermore Area Youth Advisory Commission - Youth Members Yagulan Srikumar to an unexpired term ending September 1, 2018 Alicia Zhang to a regular term ending September 1, 2017

Livermore Area Youth Advisory Commission - Youth Reappointments Piper Cooke to a regular term ending September 1, 2018 Amy Malocsay to a regular term ending September 1, 2018 Yesenia Medina to a regular term ending September 1, 2018 Monique Quihuis to a regular term ending September 1, 2018 Ethan Shang to a regular term ending September 1, 2018 Shannon Yan to a regular term ending September 1, 2018

Livermore Area Youth Advisory Commission - Adult Member John Kibbe to a regular term ending September 1, 2018

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

City Clerk Susan Neer administered the oath of office to Cathy Norfleet Peeler, Jennifer Estridge, David Struebing, Yagulan Srikumar, Alicia Zhang, and John Kibbe.

3.

CITIZENS FORUM Gil Stratton, Livermore, said he wanted to monitor staff's collation and preparation of the citizen input from the community workshops.

City Manager Marc Roberts said that all comment cards and citizen input received at the workshop would be included in the staff report for the August 1, 2016 City Council and Planning Commission workshop.

Jean King, Livermore Amador Symphony Association board member, spoke regarding recent programs and the Summer Youth Orchestra.

Nancy Bankhead, Livermore, spoke regarding the Downtown Catalyst Project and the need for more parking and open space.

Joan Green, Livermore, spoke against the proposed housing in the Downtown Catalyst Project.

David McGuigan, Livermore, continued on with his recap of his arrest by Livermore Police.

Stephanie Byous, Livermore, spoke regarding the proposed architecture of the Downtown Catalyst Project, suggested underground parking, and said the hotel should be moved to the Groth Brothers site.

Mary Macor, Livermore, proposed that First Street should be turned into a promenade similar to Santa Monica's Third Street Promenade.

John Stein, Livermore, spoke regarding the Downtown Catalyst Project workshop with emphasis on parking and open space.

Marcus Libkind, Livermore, said the downtown should primarily benefit residents, tourism should be secondary, and there needed to be more space for families.

4.

CONSENT CALENDAR ON THE MOTION OF VM GARY, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - July 11, 2016 regular City Council meeting.

4.02 Resolution 2016-087 accepting for permanent maintenance and releasing of security for the 2014 Annual Sewer Replacement, Project No. 2014-03.

4.03 Resolution 2016-088 accepting for permanent maintenance and releasing of security for the 2015 Street Resurfacing, Project No. 2015-01.

4.04 Resolution 2016-089 authorizing execution of an agreement with W. Bradley Electric, Inc., in the amount of $96,700, for the Annual Crosswalk Safety and Miscellaneous Traffic Improvements, Project Nos. 2015-06, 2001-12, and 1991-44.

4.05 Resolution 2016-090 appropriating $100,000 in Gas Tax Funds and $98,000 in General Funds to the 2016 Slurry Seal, Project No. 2016-04; authorizing execution of an agreement with Telfer Pavement Technologies, LLC, in the amount of $1,157,007, for construction of the project; and authorizing execution of an agreement with the City of Dublin to include a portion of Dublin street improvements in the project.

4.06 Resolution 2016-091 authorizing the appropriation of airport funds in the amount of $150,000 to the Rehabilitate Runway 7R-25L Project, No. 2013-13; and authorizing execution of an agreement with DeSilva Gates Construction, LP, in the amount of $3,189,285, for construction of the Rehabilitate Runway 7R-25L Project.

4.07 Resolution 2016-092 initiating formation of and intention to establish Landscape Maintenance District No. LL-863 for Tract 8195; preliminarily approving the Engineer's Report; and setting the public hearing date for September 12, 2016. Location: Ponderosa Homes, southwest corner of East Avenue and South Vasco Road.

4.08 Resolution 2016-093 rescinding Resolution No. 2016-075 and adopting a new resolution summarily vacating public utility easements adjacent to and within the vacated portions of Atlantis Street and Voyager Street, and authorizing execution of quit claim deeds for the vacated public utility easements.

4.09 Resolution 2016-094 repealing resolution 318-79, policy relating to billing, collections and write-off of uncollectible accounts.

4.10 Resolution 2016-095 authorizing execution of a grant agreement with the Federal Aviation Administration in the amount of $3,079,962, for the construction of the Rehabilitate Runway 7R/25L Pavement and Airfield Electrical System Project No. 2013-13 at the Livermore Airport.

4.11 Resolution 2016-096 authorizing the City Attorney to initiate Judicial Foreclosure for Delinquent Special Taxes, Community Facilities District No. 88-2R (Greenville/Brisa).

4.12 Resolution 2016-097 authorizing the City Attorney to initiate Judicial Foreclosure for Delinquent Special Taxes, Community Facilities District No. 99-1 (Tri-Valley Technology Park).

5.

PUBLIC HEARINGS 5.01 Hearing to receive protests related to the annual fire hazard abatement program and confirmation of the 2016 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.

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 2016-098 overruling protests and confirming assessments - Fire Hazard Abatement.

6.

MATTERS FOR CONSIDERATION 6.01 Ballot measure to preserve the Open Space designation in the General Plan for the Springtown Golf Course.

Recommendation: Staff recommended the City Council adopt a resolution ordering to election at the General Municipal Election scheduled for November 8, 2016, the City Council sponsored measure to preserve the existing Open Space designation for the Springtown Golf Course in the Land Use Element for the 2003-2025 General Plan. Staff also recommended the City Council provide direction regarding the preparation, signing and filing of a rebuttal argument, if warranted.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

Mary Macor, Livermore, said she was glad no buildings would be built on the site.

Connie Kopps, Livermore, spoke regarding the Springtown land use, saying putting the initiative on the ballot would allow people to vote "no" and asked the City to be more transparent.

Bruce Anderson, Livermore, said he supported placing the measure on the ballot.

Mayor Marchand spoke regarding the State Water Project and the high number of building permits issued statewide. He said the City couldn't be any more transparent than to place the measure on the ballot for a citywide vote.

Vice Mayor Gary said placing the measure on the ballot was all about democracy - allowing citizens to vote "yes" or "no."

CM Woerner said the passage of the ballot measure would ensure no development on the site.

CM Spedowfski acknowledged the efforts made by the community to provide options on how to preserve the operations.

CM Turner supported the comments made by the Council and said she was pleased this was going to the voters for protection of the open space.

ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2019-099 ordering to election at the General Municipal Election scheduled for November 8, 2016, the City Council sponsored measure to preserve the existing open space designation for the Springtown Golf Course in the Land Use Element for the 2003-2025 General Plan.

THE CITY COUNCIL REAPPOINTED VM GARY AND CM SPEDOWFSKI AS THE SUBCOMMITTEE TO DRAFT AND SUBMIT A REBUTTAL ARGUMENT, IF WARRANTED.

6.02 Discussion and direction regarding agreements and related approvals for Improvement Area No. 2 of the City of Livermore Community Facilities District 2009-1 (El Charro) 2016 Special Tax Bonds (CrossWinds Church).

Recommendation: Staff recommended the City Council approve the issuance and sale of the Improvement Area No. 2 of the City of Livermore Community Facilities District 2009-1 2016 Special Tax Bonds, and adopt a resolution approving execution of Fiscal Agent Agreement with MUFG Union Bank, N.A., and approving execution of the Private Placement Agreement between Petersen Aura LLC, CrossWinds Church, and the City of Livermore. A 4/5 vote is required to approve this item.

Administrative Services Director presented the staff report.

ON THE MOTION OF CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-100 authorizing the issuance and sale of special tax bonds, and approving and authorizing related documents and actions. Improvement Area No. 2 of the City of Livermore Community Facilities District No. 2009-1 (El Charro).

6.03 Selection of voting alternate(s) for League of California Cities Annual Conference.

Recommendation: Staff recommended the City Council designate voting alternate(s) for the annual conference.

BY CONCENSUS OF THE CITY COUNCIL, MAYOR MARCHAND WAS APPOINTED DELEGATE AND COUNCIL MEMBER TURNER WAS APPOINTED AS VOTING ALTERNATE FOR THE ANNUAL CONFERENCE.

6.04 Discussion and direction regarding residential recycled water program.

Recommendation: Staff recommended the City Council receive information on the residential recycled water program and provide direction to staff.

Public Works Director Darren Greenwood presented the staff report.

In response to questions by CM Woerner, Mr. Greenwood said treating the water to recycled standards cost much more than pumping the water over the hill.

Mayor Marchand invited public comment.

Eric Carlson, Livermore, spoke in support of restarting the residential recycled water program. He said the use of recycled water for irrigation and landscaping was a benefit and offset the potable costs and distribution. He offered suggestions, including limiting the program to Livermore residents only.

Bruce Anderson, Livermore, spoke in support of restarting the residential recycled water program. He said costs should be balanced versus the conscience.

CM Woerner said some of the administrative and labor costs needed to be defrayed. He recommended at least one-half of the cost be recovered and suggested the permit fee be waived any year there was mandatory rationing. He said the program should be re-established and the fee for 2016 should be waived due to the late start. He said he did not want to lose sight of the principle of the program.

VM Gary said the program was balancing the ecology and sending a continuous message of conservation. He supported continuation of the program with flexibility depending on severity of conservation. He suggested enlisting the help of schools to develop new promotional programs for water conservation, a survey of the users, and a way to incentivize the removal of unnecessary lawns.

CM Spedowfski suggested instead of a fee, users would be reimbursed for the cost of a sign promoting conservation affixed to the tank that was visible and promoted conservation as they drove around town.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said the federal government used a condition of participation in a permit application that required signage and avoided a first amendment issue.

CM Turner said climatologists at Lawrence Livermore National Laboratory predicted that in ten to twenty years Livermore's climate would resemble Arizona. She said landscaping needed to be altered and should be incorporated into future discussions.

Mayor Marchand said he liked Mr. Anderson's comment regarding balancing between cost and conscience.

THE CITY COUNCIL DIRECTED STAFF TO RESTART THE RESIDENTIAL RECYCLED WATER PROGRAM FOR 2016 WITH NO FEE TO PARTICIPANTS; TO COLLECT INFORMATION AND DEVELOP A PROGRAM FOR 2017 ESTABLISHING A PERMIT FEE TO COLLECT ONE-HALF OF THE ANTICIPATED ADMINISTRATIVE COSTS (IN FUTURE YEARS THE FEE WOULD BE WAIVED IF MANDATORY CONSERVATION IS REQUIRED); LIMITING PARTICIPANTS TO LIVERMORE RESIDENTS ONLY; CREATING AN INCENTIVE PROGRAM FOR REMOVAL OF LAWNS AND LANDSCAPING; AND OTHER PROGRAMS THAT WOULD PROMOTE WATER CONSERVATION.

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 Council Members.

Advisory Body Interviews CM Spedowfski said on July 13, 2016 he and CM Woerner interviewed applicants for the City's advisory bodies.

Tri-Valley Transportation Committee (TVTC) CM Spedowfski said on July 18, 2016 he attended the meeting. He said an auditing contract was authorized and he was elected as Chair of the committee.

Tuesday Tunes CM Spedowfski said on July 19, 2016 he and his daughter attended the event downtown.

CM Turner said she did not have a report. She thanked the IT staff for establishing the video communications so she could participate in the meeting from South Africa.

Advisory Body Interviews CM Woerner said on July 13, 2016 he and CM Spedowfski interviewed applicants for the City's advisory bodies.

Downtown Specific Plan Workshop CM Woerner said on July 14, 2016 he attended the workshop.

In response to questions by CM Woerner, City Manager Marc Roberts said the intent of the special meeting workshop with the City Council and Planning Commission on August 1, 2016 was to gather more information and data on several key points such as traffic, parking, open space, and economics.

Altamont Landfill Open Space Committee CM Woerner said he attended the recent meeting. He said there was a discussion on the tipping fees and clarifying the criteria for the use of the funds. There was also a presentation on Tesla Park.

Livermore Downtown Inc. VM Gary said he attended the board meeting. He said there was discussion on the Downtown Specific Plan workshop.

Altamont Regional Rail Working Group Mayor Marchand said on July 13, 2016 he attended the meeting. There was a discussion on the extension of the Valley Transit Authority to Santa Clara.

Mayors Conference Mayor Marchand said on July 13, 2016 he attended the Alameda County Mayors Conference.

Local Agency Formation Commission (LAFCO) Mayor Marchand said on July 14, 2016 he attended the meeting. There was a discussion on the Eden Health Care District and its sphere of influence, and extension of service in Pleasanton and Happy Valley.

National Night Out Mayor Marchand said on July 14, 2016 he attended the kick-off for National Night Out that would be held August 2, 2016.

8.

ADJOURNMENT - at 8:32 pm to a special meeting - City Council and Planning Commission Workshop, August 1, 2016, at 7:00 pm, Robert Livermore Community Center, Cresta Blanca Room, 4444 East Avenue, Livermore; and to a regular City Council meeting on Monday, September 12, 2016 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

The regular City Council meeting of August 8, 2016 has been cancelled.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK