CITY COUNCIL MINUTES

September 8, 2014

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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 7:05 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Councilmembers Stewart Gary and Laureen Turner. Councilmember Horner 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; the Closed Session was continued to after the regular meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Human Services Commission Annual Update.

Human Services Commission Chair Wendy Weathers presented the update.

2.02 Confirmation of advisory body reappointments.

Livermore Area Youth Advisory Commission

Kendra Canela reappointment to a youth regular term ending September 1, 2016

Collin Rodgers reappointment to a youth regular term ending September 1, 2016

Shabana Shariff reappointment to an adult regular term ending September 1, 2016

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

3. CITIZENS FORUM

Don Meeker, Livermore, read excerpts from a glossary of chemical terms published in 1993.

Erin Vistnes, Tri-Valley Cares, spoke regarding the Tri-Valley Cares youth video contest in which participants would have the opportunity to describe the importance of a clean environment.

Hayden King, Tri-Valley Cares, said on September 18, 2014, the Tri-Valley Cares organization would host a community meeting at the Civic Center Library regarding cleanup of the Livermore Lab Superfund site.

Dave Wetmore, Little League World Series, spoke regarding the success of the World Series and presented the City Council with commemorative items from the event.

Bill Aboumrad, Little League World Series, spoke regarding the success of the event and said the World Series continued to grow in popularity.

Denise Watkins, Livermore Valley Performing Arts Center Board Member, spoke regarding an upcoming Lobster Clambake fundraiser to support the Bankhead Theater and the Bothwell Center. She said the event would be held at Wente Vineyards on September 13, 2014.

Wendy Weathers, Livermore, spoke regarding the annual fundraiser for the Fertile GroundWorks organization. She said the event would be held at Crooked Vine Winery on September 17, 2014.

Aaron Latkin, Livermore, read his statement regarding the slurry seal project scheduled for Almond Circle. He said the road had little traffic and was in good condition, and the slurry seal process would do more harm than good. He questioned whether the City or contractor decided which streets would be resurfaced.

Martha Jenson spoke regarding the experience, background, and platform of Helen Foster, candidate for Alameda County Superintendent of Schools.

John Stein, Livermore, spoke regarding trees dying due to the drought and said the City should stop recommending native oaks as replacement trees in new developments. He said the Council should formally adopt a policy urging CalTrans to build berms and landscaping instead of sound walls.

Robert S. Allen, Livermore, said the City Council should meet with local agencies to provide bus service between the Isabel park-and-ride and the BART station.

Arthur R. Boone, Berkeley, said he was the immediate past president of the Northern California Recycling Association and chair of the Policy Committee. He spoke regarding the hourly wages and benefits of people sorting recyclables in Alameda County and asked the City Council to support improved wages.

4. CONSENT CALENDAR

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

4.01 Approval of Minutes - July 14, 2014, regular City Council meeting; July 28, 2014, regular City Council meeting; and August 25, 2014, special City Council meeting closed session.

4.02 Adoption of Ordinance 2005 amending Livermore Municipal Code Chapter 1.20, Administrative Citation, to incorporate provisions from Chapter 1.24, Compliance Orders, and repeal of Livermore Municipal Chapter 1.24, Compliance Orders.

4.03 Adoption of Ordinance 2006 approving Development Code Amendment (DCA) 13-007 and thereby amending the Development Standards of Planned Development - Industrial (PD-I) 03-003. Location: Southeast corner of Isabel Avenue and Portola Avenue. (Shea Homes)

4.04 Adoption of Ordinance 2007 approving the Third Amendment to the Amended and Restated Development Agreement for the Shea Center (formerly Cayetano Corporate Campus) between the City of Livermore and Shea Center Livermore, LLC; Shea Homes at Montage, Inc.; and Shea Homes, Inc. (DAA 14-001)

4.05 Acceptance of the 2014 Local Agency Biennial Notice and introduction of an ordinance revising Municipal Code Chapter 1.28, Conflict of Interest Code, to revise the list of designated positions.

4.06 Resolution 2014-136 authorizing execution of a Memorandum of Understanding with the Alameda County Sheriff's Office, in an amount not to exceed $342,000, for maintenance and operation of the East County Animal Shelter located at 4595 Gleason Avenue, Dublin.

4.07 Resolution 2014-137 authorizing appropriation and expenditure of the California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant in the amount of $57,875.

4.08 Resolution 2014-138 authorizing execution of a lease agreement with Alameda County Fire Department, in an amount not to exceed $85,112, for temporary relocation of Livermore-Pleasanton Fire Department personnel and resources during reconstruction of Fire Station No. 9.

4.09 Resolution 2014-139 recertifying the Sewer System Management Plan required by the State Water Resources Control Board Order Number 2006-003.

4.10 Resolution 2014-140 authorizing execution of an agreement with Marken Mechanical Services, Inc., in an amount not to exceed $115,000 annually, for HVAC maintenance and repair services of City owned buildings.

4.11 Resolution 2014-141 authorizing execution of the Second Amended and Restated Franchise Agreement, including rate adjustments, with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services.

4.12 Resolution 2014-142 accepting for permanent maintenance and releasing of security for the East Vineyard Avenue Realignment and Signalization, Project No. 1996-60; and Resolution 2014-143 authorizing execution of a grant of easement to East Bay Regional Park District for maintenance of a public trail. Location: north side of Vineyard Avenue from Isabel to Vallecitos Road.

4.13 Resolution 2014-144 appropriating $25,000 of unspent Solid Waste and Recycling Impact Fee funds from Fiscal Year 2013-14 to Fiscal Year 2014-15; and authorizing execution of an agreement with Goodfellow Top Grade Construction, in the amount of $1,024,916 plus 10% contingencies, for construction of the 2014 Street Resurfacing, Project No. 2014-01.

4.14 Resolution 2014-145 approving the supplemental appropriation of $270,542 in unexpended Fiscal Year 2013-14 Housing and Human Services Grant funds into Fiscal Year 2014-15.

4.15 Resolution 2014-146 authorizing execution of a Fourth Amendment to the Exclusive Negotiating Rights Agreement with MidPen Housing Corporation for development of the City-owned housing site parcels located at 217 North N Street and 1625-1763 Chestnut Street; and authorizing an additional appropriation of $75,000 from the Affordable Housing Trust Fund towards predevelopment activities.

5. PUBLIC HEARINGS

5.01 Hearing to consider amendments to the previously approved development of the former Orchid Ranch property. The proposed amendments reduce the unit count from 19 to 18 units, consisting of 14 detached units and 4 duet units and revise the lot layout, architecture, and landscape design. The previously approved project received Housing Implementation Program allocations in 2008 and project approvals in 2010.

Location: 1330 Isabel Avenue

Applicant: Jeff Schroeder for Ponderosa Homes

On-site and off-site public improvements: The project will provide minor off-site park amenities, extend a public road and install related public infrastructure, including sidewalks, sewer, water, storm drain, utilities, and an extension of the sound wall and multi-use trail improvements parallel to Isabel Avenue.

Site Area: 5.19± acres

Zoning: Planned Development-Residential (PD-R) 06-006

General Plan: Urban Low Medium Residential (ULM), 2 to 3 dwelling units per acre

Historic Status: None

CEQA: A Mitigated Negative Declaration was previously adopted for this project. The proposed amendments do not constitute substantial changes in the project that would require revisions to the prior Mitigated Negative Declaration.

Application Numbers: Amended Vesting Tentative Tract Map 7671 (Subdivision Amendment 14-002), Housing Implementation Program Amendment 14-001, Planned Development Amendment(Development Code Amendment) 14-002, Site Plan Design Review Modification 14-007, and Development Agreement Amendment 14-003

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 7671 (Subdivision Amendment 14-002), Site Plan Design Review Modification 14-007, and Housing Implementation Program Amendment 14-001, subject to the attached Conditions of Approval; introduce an ordinance amending the zoning standards for Planned Development-Residential 06-006 (Development Code Amendment 14-002); and introduce an ordinance approving Development Agreement Amendment 14-003 with Ponderosa Homes.

Assistant Planner Andy Ross presented the staff report.

Jeff Shroeder, representing Ponderosa homes, said he was available for questions.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

CM Gary said as an infill project on existing land with no public comment, the project defined cooperative listening between the applicant, existing neighborhood, and staff.

In response to questions by CM Gary, City Attorney Jason Alcala confirmed the Councils motion would include the amendments to the First Amendment to Development Agreement 06-006 as outlined in the supplemental memorandum.

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

Resolution 2014-147 approving Vesting Tentative Tract Map 7671 (Subdivision Amendment 14-002), Site Plan Design Review Modification 14-007, and Housing Implementation Program Amendment 14-001. Location: East of Isabel Avenue, north of Concannon Boulevard, and south of Obsidian Way. (Orchid Ranch)

Ordinance introduced amending the zoning standards for Planned Development-Residential 06-006 (Development Code Amendment 14-002).

Ordinance introduced approving Development Agreement Amendment 14-003 between the City of Livermore and Ponderosa Homes.

5.02 Tax Equity and Fiscal Responsibility Act (TEFRA) hearing to consider the proposed execution and delivery by the City of Livermore of its Lease Agreement, and related Certificates of Participation in an amount not to exceed $10,750,000, as required by Section 147(f) of the Internal Revenue Code of 1986. The proceeds of the Certificates will be used to: (1) refund a portion of the California Statewide Communities Development Authority revenue bonds, issued in the original aggregate principal amount of $23,830,000, the proceeds of which were used to finance the construction of 500-seat performing arts theater located at 2400 First Street, operated by the Livermore Valley Performing Arts Center, (2) fund a debt service reserve fund, if any, for the Certificates; and (3) pay certain costs of issuing the Certificates, including credit enhancement fees, if any.

Recommendation: Staff recommended the City Council continue the item to the September 22, 2014 City Council meeting or to a date to be determined.

THE CITY COUNCIL CONTINUED THE PUBLIC HEARING TO SEPTEMBER 22, 2014.

6. MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction regarding the art and development of the design and renovation for the Livermorium Plaza at Mills Square.

Recommendation: Staff recommended the City Council provide direction.

Human Services Program Manager Jean Prasher presented the staff report.

Mayor Marchand invited public comment.

John Stein, Livermore, spoke regarding the park design. He said the committee and Planning Commission should consider the operating and maintenance costs of the design; the established trees should be retained; and said the cost of the park seemed high.

In response to questions by Mayor Marchand, Ms. Prasher said the $500,000 did not include the cost of the artwork; the artwork was funded by the Public Art Fund comprised from development fees and other sources.

CM Gary expressed several concerns regarding the park redesign, saying the design did not meet his specific request for the park to be collaborative with Peets Coffee and to make a very engaging, human space. He said the art pieces failed to meet the Citys goals outlined in the Request for Proposal and were too abstract for the signature plaza of a 100-year old city and lacked representation of the humanity, research and international scientific discovery. He added that public comment received had been statistically miniscule and he would not support the three art pieces in that setting.

Responding to the comments made by John Stein, CM Gary said the trees had been evaluated by a landscape architect and the older redwoods were found to be diseased and root-bound and might require replanting.

VM Woerner said the plaza design needed to acknowledge future redevelopment rather than attempting to mitigate the proximity to current usage. He expressed concerns regarding the scale of the art pieces and defining the clear use of the park. He said the Akan art piece was the most appropriate scale, but the art pieces fell short of some of the goals. He said the comments made at the public outreach meeting were useful and insightful. He said it was important to have a wonderful plaza and the Council needed to do this right.

CM Turner said as an element with a half-life of fifty milliseconds, Livermorium itself was abstract and agreed with previous comments, including scaling the pieces appropriately. She said the Akan piece was the only one that belonged. She said she wanted the space to naturally bring people in and be engaging.

VM Woerner said some of the trees could possibly be saved to provide shade in the park and commented on the seating design. He said the Council needed to consider first how the park would be used, and then consider how the art would fit in that use.

Mayor Marchand spoke regarding the chemistry behind the design of the art pieces and said as a chemist, he loved the designs. He said two of the pieces met the requirements for the kinetic and light aspects. He said there were still questions regarding scale and the ultimate use of the site.

In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said due to the sites former use as a gas station, soil mitigation would need to take place during the park remodel to either extract the soil or clean it in place.

Mayor Marchand said he was content with the three art pieces and expressed concerns regarding the limited community input despite reaching over 2,000 people.

In response to questions by Mayor Marchand, Mr. Roberts said the lack of community input was unusual, and it was difficult to catch peoples attention.

CM Gary commented on feedback from the joint workshop, including concerns regarding installation, maintainability, and safety. He said staff could consider putting the finalist pieces in the next City newsletter for an electronic poll.

VM Woerner said the three park layouts were not inviting places to draw people in. He suggested the use of the park be decided upon first, and then fitting the pieces into that usage. He said if he had to choose one of the three art pieces, he would choose the Akan piece.

In response to comments from CM Gary and VM Woerner, Mr. Roberts clarified that the direction from council was to adjust the process to concentrate more on the clearer process of the plaza design and working from there to size and scale an appropriate piece of art.

In response to questions by VM Woerner, Mr. Roberts said the Council could delegate any of the process tasks. He said the City Council would always have the final decision, and the process presently involved advisory groups consisting of the community panel, Beautification Committee and Planning Commission.

In response to questions by VM Woerner, Mr. Roberts said staff could work on a joint meeting between the advisory groups and City Council to facilitate discussion.

In response to questions by Mayor Marchand, Mr. Roberts said staff could identify alternatives for electronic polling to complete a broader survey and would provide the information by memorandum to the City Council. He said there was work to be done before asking for community input; the focus would be on the plaza first, and the art second.

In response to questions by VM Woerner, Mr. Roberts said staff would be researching redevelopment options for the site.

Mayor Marchand said the plaza would be a tremendous source of new energy in the downtown.

THE CITY COUNCIL DIRECTED STAFF TO DEVELOP THE NEXT STEPS FOR THE LIVERMORIUM PLAZA DESIGN, INCLUDING: REFINING THE PLAZA DESIGN; REVISING THE SCALE OF THE ART PIECE TO FIT THE PLAZA USAGE; CONSIDERING FUTURE REDEVELOPMENT OF SITES ADJACENT TO THE PLAZA; CONSIDERATION OF ENVIRONMENTAL REMEDIATION; AND IDENTIFYING OPTIONS FOR BROADER PUBLIC INPUT.

6.03 Discussion and direction regarding amendments to Livermore Municipal Code, Chapter 8.10, Smoking Pollution Control.

Recommendation: Staff recommended the City Council provide direction.

Deputy City Attorney Catrina Fobian presented the staff report.

In response to questions by CM Turner, Community and Economic Development Director Stephan Kiefer said the distance between the building and the street was typically less than twenty feet in the downtown. He said if adopted at a distance of twenty feet, the ordinance would cover most of the pedestrian areas but there would be some areas where smoking would be allowed. He said some of the merchants might want to eliminate smoking even in those areas.

CM Turner said Livermore-Amador Valley Transit Authority (LAVTA) had received complaints about smoking in the bus stops, and said she would like to include bus stops and the transit center in the ordinance. She said to make the ordinance enforceable, the City needed a specific distance.

VM Woerner said he was in favor of the ordinance and said it was necessary to be explicit even if the twenty feet technically included the downtown.

CM Gary said he agreed with defining e-cigarettes and suggested broader language to encompass invention of future carcinogenic devices. He said he liked the suggestion from Livermore Downtown Inc. (LDI), and said staff and LDI needed to construct something that was sensible and enforceable. He said perhaps there should be no smoking in the downtown, except designated areas to be fair and reasonable.

Mayor Marchand said LDI requested making the no smoking ordinance span from First Street to Maple, L, J, and K Streets; he would also include Railroad Avenue to allow for future development of the area. He said staff should work with the downtown community and residents, and said he would support the ordinance.

In response to questions by CM Turner, Ms. Fobian said the City did not have a prohibition against smoking in City-owned parks. City Attorney Jason Alcala said based on the Councils direction, staff would be coordinating with LDI and could also reach out to Livermore Area Recreation and Park District (LARPD) and LAVTA.

THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH DEVELOPING AMENDMENTS TO THE SMOKING ORDINANCE, INCLUDING SPECIFICALLY PROHIBITING E-CIGARETTES; AND COORDINATING WITH LOCAL AGENCIES AND THE COMMUNITY TO DEVELOP OBJECTIVE STANDARDS FOR MINIMUM DISTANCES FROM NONSMOKING AREAS AND/OR PROHIBITION OF SMOKING IN THE DOWNTOWN AREA.

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 COUNCILMEMBERS

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

Livermore Downtown Inc. (LDI) CM Gary said on August 19, 2014, he attended the board meeting; he said the success of the downtown took a team including the merchants and the Downtown association.

Livermore-Amador Valley Transit Authority (LAVTA) CM Turner said she attended two LAVTA meetings; discussion included long-range financial projections. She said funding from Measure BB would be needed to keep the busses running in the future.

Bus Line Between Isabel and BART In response to comments made during Citizens Forum regarding bus lines, CM Turner said LAVTA and the cities of Dublin, Pleasanton and Livermore were engaged in a planning process for that issue.

Livermore-Amador Valley Transit Authority (LAVTA) VM Woerner said he attended two LAVTA meetings. He said their ten-year financial projects showed that Measure BB had to pass, and LAVTA would need to look at policy decisions for the reserve policy and the fare plan. He said the new paratransit operator was doing well.

Drought Planning VM Woerner spoke regarding planning for the possibility of sustained drought, including solutions such as rain barrels, greywater options, expanding use of reclaimed water, and providing information online.

Drought Planning CM Gary said another area of research for staff was to plan for short-term political and administrative solutions for approaching the California State Water Project to receive more water if there was sustained drought.

City Manager Marc Roberts said staff could develop a white paper outlining options that would tie in with the Councils goal setting at the beginning of the year. In regards to short-term solutions, Mr. Roberts said some of the information existed on the City website, and staff could look at that as well.

The City Council directed staff to research solutions for the possibility of sustained drought, including short-, mid-, and long-term global solutions that would involve multiple retailers, the wholesaler, and customers.

Habitat for Humanity Mayor Marchand said on August 15, 2014, he attended the dedication ceremony where a local veteran and his family were able to move back into the community.

Health Fair Mayor Marchand said on August 23, 2014, he attended the fair where children were provided with check-ups and eye exams and could learn about healthy lifestyles.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on August 27, 2014, he attended the strategy session.

Water Liaison Committee Mayor Marchand said on August 27, 2014, he attended the meeting.

League of California Cities (LOCC) Mayor Marchand said he attended the annual conference from September 3-5, 2014. He said presentation topics included benefits for veterans, anti-bullying initiatives, support organizations, a drought update, and best management practices from other cities. He said the League voted to investigate the impact of illegal marijuana growers.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on September 8, 2014, he attended the meeting; he said there was an update on the I-580 express lane, the Transit Expenditure Plan and Measure BB, the Alameda County Priority Development Area and Growth Strategy, and multi-modal plans for the region.

8. ADJOURNMENT The meeting was adjourned at 9:07 pm to the continued Closed Session.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK

PREPARED BY:
SARAH BUNTING, ADMIN TECHNICIAN