CITY COUNCIL MINUTES

September 23, 2013

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CITY COUNCIL

SEPTEMBER 23, 2013

SUMMER READING PROGRAM AWARDS PRESENTATION
6:30 PM

Mayor Marchand called the meeting to order at 6:31 pm. All members of the City Council were present. Library Director Tamera LeBeau presented the Summer Reading Program awards.

REGULAR MEETING

1. PLEDGE OF ALLEGIANCE/ROLL CALL The regular business meeting of the City Council was called to order by Mayor John Marchand at 7:30 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

2.01 Federal Congressional Update by Congressman Eric Swalwell.

Congressman Swalwell presented the update. He spoke regarding economic development, BART to Livermore, Measure B1, the possible government shut down, and the new businesses in Livermore he had visited.

In response to questions by CM Woerner, Congressman Swalwell said should there be a governmental shutdown, Social Security payments would continue to be sent out. He said only essential staff would continue to work which would cause delays in other areas of service. He said his bi-partisan efforts were continuing as a member of the United Solutions Caucus, a group of thirty freshmen members of congress (fifteen republicans and fifteen democrats) meeting weekly and working together to solve problems and produce results.

3. CITIZENS FORUM

John Stein, Livermore, spoke regarding the cleaning of the Arroyo Mocho before the start of the rainy season, the purpose of a BART station at Isabel, parking instead of high density housing around the BART station and the ineffectiveness of transit oriented development in that area.

Don Meeker, Livermore, read from an article about obesity in young adults being a major health concern.

Mayor Marchand said that Item 6.05 had been removed from the agenda and would be rescheduled to the October 14, 2013 City Council meeting.

4. CONSENT CALENDAR

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

4.01 Adoption of Ordinance 1979 amending section 4.02.060.D.1 (Transferable Development Credits Regulations) to update and modify the transferable development credit acquisition rate and section 4.02.060.F.1 to require satisfaction of the transferable development credit requirement at the time of building permit issuance for each residential unit (Development Code Amendment 13-003).

4.02 Adoption of Ordinance 1980 approving Development Code Amendment 13-002 and thereby amending the development standards of Planned Development - Residential (PD-R) District 02-009.

4.03 Resolution 2013-115 authorizing appropriation of Community Development Block Grant (CDBG) program funds, in an amount not to exceed $100,000, to Habitat for Humanity East Bay/Silicon Valley for rehabilitation of single-family homes in Livermore.

4.04 Resolution 2013-116 authorizing execution of an amendment to the Low Income for Sale Housing Agreement with Northbrook Homes, LLC for the 49-unit subdivision, The Grove, located approximately at North Mines Road and Sonia Street (Vesting Tentative Tract Map 7421).

4.05 Resolution 2013-117 authorizing execution of a five-year lease to purchase agreement with Umpqua Bank Equipment Lease and Finance, in an amount not to exceed $463,848, for Las Positas Golf Course maintenance equipment.

4.06 Resolution 2013-118 authorizing execution of agreements with International City Management Association Retirement Corporation to provide voluntary 457(b) and 401(a) plans and the Retirement Health Saving plan for City employees.

5. PUBLIC HEARINGS

5.01 PUBLIC HEARINGS: Hearing to consider the Fiscal Year 2012-2013 City of Livermore's Community Development Block Grant Consolidated Annual Performance Report to be submitted to the United States Department of Housing and Urban Development on September 26, 2013.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing the submission of the Fiscal Year 2012-2013 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant and HOME Investment Partnership Program to the Alameda County HOME Consortium and the U.S. Department of Housing and Urban Development.

Human Services Program Manager Jean Prasher presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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 2013-119 authorizing the submission of the Fiscal Year 2012-2013 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant and HOME Investment Partnership Program to the Alameda County HOME Consortium and the U.S. Department of Housing and Urban Development.

5.02 A request for Housing Implementation Program allocations to subdivide land with a tentative map to create new single family lots from undeveloped land at the two existing terminuses of Morning Glory Circle, adopt a planned development ordinance with standards to develop the lots, and review the project's site and architectural design. The project will complete Morning Glory Circle. As a result of the recommendation by the Planning Commission at their August 6, 2013 hearing, the applicant proposes 26, instead of 28, lots.

Location: South of the terminuses of Morning Glory Circle and north of Wattenburger Park.
Applicant: Ponderosa Homes
On site and off site public improvements: Includes sewer, water, storm drain, lighting, landscaping, sidewalks, driveways, and pathways in Wattenburger Park.
Site Area: 5.6± acres
Zoning: Planned Development (PD)
General Plan: Urban Medium High Residential (UMH; 4.5 to 6.0 dwellings/acre)
Historic Status: None
CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Numbers: Housing Implementation Program 12-001; Vesting Tentative Tract Map 8125 (Subdivision 12-007); Planned Development-Residential 12-002; and Site Plan Design Review 12-042
Recommendation: The Planning Commission and staff recommended the City Council introduce an ordinance approving Planned Development-Residential 12-002; adopt a resolution approving Housing Implementation Program 12-001, Vesting Tentative Tract Map 8125 (Subdivision 12-007), and Site Plan Design Review 12-042; and adopt a resolution certifying the Mitigated Negative Declaration and directing staff to file a California Environmental Quality Act Notice of Determination with the Alameda County Clerk.

Associate Planner Frank Guido presented the staff report.

Mayor Marchand opened the public hearing.

Jeff Schroeder, Ponderosa Homes, project applicant, said they were excited about the project in Springtown that would bring new housing to the community.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM HORNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTIONS:

Ordinance introduced amending the zoning district map of the City of Livermore and establishing development standards for Planned Development Residential (PD-R) District 12-002.

Resolution 2013-120 approving Housing Implementation Program 12-001, Vesting Tentative Tract Map 8125 (Subdivision 12-007), and Site Plan Design Review 12-042.

Resolution 2013-121 certifying the Mitigated Negative Declaration and directing staff to file a California Environmental Quality Act Notice of Determination with the Alameda County Clerk.

5.03 An amendment to the Livermore Development Code to allow Cottage Food Bussinesses to operate pursuant to the Development Code Home Occupation Permit regulations Location: Citywide
Applicant: City of Livermore
On site and off site public improvements: None
Site Area: Various
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303 (Conversion of Small Structures)
Application Number(s): Development Code Amendment 13-004
Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution certifying the project is exempt from the California Environmental Quality Act and, after approval of the application, instruct staff to file a Notice of Exemption with the Alameda County Clerk; and introduce an ordinance approving Development Code Amendment 13-004.

Associate Planner Frank Guido presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2013-122 certifying the project is exempt from the California Environmental Quality Act and, after approval of the application, instruct staff to file a Notice of Exemption with the Alameda County Clerk.

Ordinance introduced approving Development Code Amendment 13-004 amending the Development Standards of the Livermore Development Code Section 6.02.060 (Home Occupations) and Chapter 9.05 (Home Occupation Permits).

5.04 and 6.02 concurrently: Approval of the transfer by the Former Redevelopment Agency of the City of Livermore of two properties pursuant to the Long Range Property Management Plan

5.04 Hearing to consider approval of the transfer by the Former Redevelopment Agency of the City of Livermore of two properties pursuant to the Long Range Property Management Plan. Locations: 2205 Railroad Avenue, APN 098-0407-029-02; and 30 S Livermore Avenue, APN 098-0407-013-00.

AND 6.02 Resolution of the Livermore Successor Agency approving a Long Range Property Management Plan and the transfer of two properties to the City of Livermore; and resolution of the City of Livermore accepting the property and agreeing to direct the properties pursuant to the Long Range Property Management Plan.

Recommendations: Staff recommended the Livermore Successor Agency adopt a resolution approving the Long Range Property Management Plan and approving the transfer of two properties pursuant to the Long Range Property Management Plan. Locations: 2205 Railroad Avenue (APN 098-0407-029-02) and 30 S Livermore Avenue (APN 098-0407-013-00).

AND Staff recommended the City Council adopt a resolution accepting 2205 Railroad Avenue (APN 098-0407-029-02) and 30 S Livermore Avenue (APN 098-0407-013-00) from the Livermore Successor Agency and agreeing to direct the properties pursuant to the Long Range Property Management Plan.

Assistant Community and Economic Development Director Eric Uranga presented the staff reports for Item 5.04 and Item 6.02.

In response to questions by CM Horner, Mr. Uranga said funds received from the sale of property owned by the Successor Agency would be disbursed to the tax entities; funds received from the sale of property owned by the City would remain with the City. City Manager/Executive Director Marc Roberts said a number of the subject properties were governed by bond indentures that limited the amount for which the property could be sold. He said in some cases, the asset was not worth very much cash money. He said most of the funds used were bond proceeds; the bond proceeds were generally non-housing sites. However, the housing sites were governed by their own covenants and restrictions based on their funding sources. He said the State had been less unreasonable with the housing sites and it was expected that the State would question a number of the properties being transferred. He said a number of cities in the state had to justify parking facilities as governmental uses.

Mayor Marchand opened the public hearing.

John Stein, Livermore, said the property at 30 S Livermore Avenue looked like a substantial part of the pathway that MTC had just funded $1.2 million to the City to improve. He questioned the long range property plan and how the $5.4 million in state loans that had been granted to the redevelopment agency would be repaid. He said the plan seemed somewhat out of date and while the downtown thrived, it had not turned out to be community-serving retail by having more entertainment and restaurants. He said it did not make sense to put high density affordable housing in an area that had a high crime rate; and the expenditure of $1.5 million and the remainder of the tax increment finance bonds did not make sense to spend on a garage that might not be built.

In response to questions by Mayor Marchand, Mr. Uranga said MTC grant funds were used to purchase the pathway and were being considered part of the hotel site; however, the parcel was not needed to develop the hotel. He said the $5.4 million loan had been paid using housing funds.

In response to questions by CM Woerner, Mr. Uranga said the pathway was land that was not needed to construct a hotel. Community and Economic Development Director Stephan Kiefer said the pathway was within an easement; the pathway was envisioned to be part of the development within the downtown so that pathway would remain even with the hotel.

VM Gary said the State was dissolving redevelopment but was not throwing the switch overnight. He said ownership determination needed to be made of 30 parcels that were purchased either with redevelopment dollars, meaning they would stay with Oversight to disposition, or City or other funding sources and revert to City ownership. He said what was being considered was the start of the process to determine final legal disposition.

Carole Hilton, Livermore, requested an explanation on how the September 9, 2013 City Council Closed Session regarding LVPAC and the Long Term Property Management Plan were connected. She said the crime rate might be low relative to other communities, but there were high crime areas where housing was being developed, i.e. along Chestnut. She questioned if the loan was paid, then why was it not shown as being paid. She requested an update on the loan that was granted to the Bankhead Theater earlier in the year.

In response to questions by Mayor Marchand, Mr. Uranga said there may have been confusion between the residential development loan program funds used to purchase the Livermore Village and loans made to other non-profit organizations. He said there was a separate housing loan provided 5-6 years ago that had been paid off with housing funds. He said any affordable housing project considered for development would address crime issues by working closely with police and neighborhood preservation.

Mayor Marchand requested an update on the loan by the City to LVPAC. Mr. Roberts said the Council predicated the loan in two parts; the second part was predicated upon the Bank of New York extending the Letter of Credit for LVPAC. The Bank of New York did extend the letter of credit and fulfilled the requirement. He said the letter of requirement was extended through the coming year; LVPAC had a number of payments that needed to be met through the upcoming months, but currently there was a valid letter of credit in place which was a requirement to disperse the second portion of the loan that the Council authorized. He said regarding the regional theater, there was a preliminary decision on record in the court pertaining to the lawsuit that LVPAC filed against the State of California; oral arguments were heard on the case and a final determination was expected to happen within the next 30-45 days. The Court had a specific period of time within which they must rule. There was no indication from the non-profit on what action they would take at that point; it was up to them to accept the decision or appeal the decision, and essentially they had all the options under law. He said any further updates would be done in open session in front of the Council.

Mayor Marchand closed the public hearing.

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

Resolution LSA 2013-02 approving the Long Range Property Management Plan and approving the transfer of two properties pursuant to the Long Range Property Management Plan. Locations: 2205 Railroad Avenue (APN 098-0407-029-02) and 30 S Livermore Avenue (APN 098-0407-013-00).

Resolution 2013-123 accepting 2205 Railroad Avenue (APN 098-0407-029-02) and 30 S Livermore Avenue (APN 098-0407-013-00) from the Livermore Successor Agency and agreeing to direct the properties pursuant to the Long Range Property Management Plan.

6. MATTERS FOR CONSIDERATION

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

Item 6.02 was combined with Item 5.04 earlier in the meeting.

6. MATTERS FOR CONSIDERATION: 6.03 Establishment of a Community Advisory Panel to assist in the development of a design for the Mills Square Park Renovation and commissioning a Livermorium-themed public art project within the park. Recommendation: Staff recommended the City Council provide direction.

Human Services Program Manager Jean Prasher presented the staff report.

In response to questions by VM Gary, Ms. Prasher said staff would coordinate and confirm with the local representatives of the Lawrence Livermore National Lab regarding their participation in the project.

CM Woerner suggested the design include a screen between the park and parking lot. He also suggested a screen be placed at the back side of Lizzie Fountain Plaza to block the delivery trucks that park in the area.

In response to questions by Mayor Marchand, Ms. Prasher said she would coordinate the recruitment for members with the City Clerk.

THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE ESTABLISHMENT OF THE COMMUNITY ADVISORY PANEL.

6.04 Preparation of an administrative update of the 2013 Community Services and Infrastructure Report. (POL13-001). Recommendation: Staff recommended the City Council direct staff to prepare an administrative update of the 2013 Community Services and Infrastructure Report (triennial update) and appoint the Planning Commission to function as the Growth Review Committee.

Associate Planner Frank Guido presented the staff report.

ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATION.

6.05 Introduction of an ordinance adding Chapter 8.13 to Title 8 of the Livermore Municipal Code to grant the City Attorney authority to abate public nuisances by requiring property owners and/or managers evict tenants or subtenants responsible for using real property for unlawful drug activities or purposes.

Recommendation: Staff recommended the City Council introduce the ordinance.

ITEM 6.05 WAS REMOVED FROM THE AGENDA AND RESCHEDULED TO OCTOBER 14, 2013.

6.06 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.

LVPAC Fundraiser CM Horner said he attended the clambake and fundraiser for LVPAC.

Ribbon Cutting CM Horner said he attended the ribbon cutting ceremony at Las Positas College to showcase the new Student Services Center, a new and renovated science building, and a new campus boulevard.

The Independent 50th Anniversary CM Horner said he attended the 50th Anniversary celebration of The Independent newspaper.

Recycling Board CM Turner said on September 12, 2013 she attended the Alameda County Recycling Board meeting.

Solar Panel Project CM Turner said on September 16, 2013 she attended the ribbon cutting for the Chevron Energy Solutions solar panel project at the Civic Center Library.

Livermore Amador Valley Transportation Authority (LAVTA) CM Woerner said on September 23, 2013 he attended the Projects and Services subcommittee meeting where a community outreach marketing program was presented.

Len Alexander CM Woerner said he attended the retirement celebration for the Executive Director of the Bankhead Theater and past Commission for the Arts chairperson.

Solar Panel Project VM Gary said on September 16, 2013 he attended the ribbon cutting for the Chevron Energy Solutions solar panel project at the Civic Center Library.

Len Alexander VM Gary said he attended the retirement celebration for the Executive Director of the Bankhead Theater and past Commission for the Arts chairperson.

Beaming Brilliance VM Gary said the Beaming Brilliance - Dedication of the Downtown Tree Lighting program would be Friday, September 27, 2013.

9-11 Ceremony Mayor Marchand said on September 11, 2013 he attended the September 11th Community Observance and Flag Raising Ceremony at the Livermore-Pleasanton Fire Department Headquarters in Pleasanton.

Mayors Conference Mayor Marchand said he attended the Mayors Conference in Oakland. There was an update on the Port activities and the efforts being made to keep the sports teams in Oakland.

Local Agency Formation Commission (LAFCO) Mayor Marchand said on September 12, 2013 he attended the meeting. There was discussion on open space, services, and the sphere of influence.

Solar Panel Project Mayor Marchand said on September 16, 2013 he attended the ribbon cutting for the Chevron Energy Solutions solar panel project at the Civic Center Library. He said the solar panels would save the City over $10 million during the program lifetime. He said the program was in conjunction with Livermore-based Bridgelux Inc.; 7,000 street lights had been replaced with LEDs, and the program received assistance from the Live More Save More project.

Leadership Forum Mayor Marchand said on September 17, 2013 he attended the St. Matthews Baptist Church Leadership Forum.

Board of Regents Mayor Marchand said on September 19, 2013 he spoke at the UC Board of Regents meeting held at LLNL to discuss the partnership between the City and the Lab.

Graffiti Conference Mayor Marchand said on September 20, 2013 he attended the conference at the Las Positas Golf Course.

League of California Cities (LOCC) Mayor Marchand said on September 18 & 20, 2013 he attended the conference in

St. Michael School Mayor Marchand said on September 20, 2013 he attended the 100th Anniversary of St. Michael School.

The Independent 50th Anniversary Mayor Marchand said on September 20, 2013 he attended the 50th Anniversary of The Independent newspaper.

Carmen Mayor Marchand said the Livermore Valley Opera presentation of Carmen was at the Bankhead Theater for the next two weekends and he would be portraying the Mayor of Seville.

Mayor Marchand said on September 24, 2013 he would present the State of the City address followed by a Town Hall meeting at the Library Community Room.

8.

ADJOURNMENT at 8:51 pm to a regular City Council meeting on Monday, October 14, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.