September 24, 2018

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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Bob Coomber and Steven Spedowfski. CM Robert W. Carling was absent/excused.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

ADJOURN TO CLOSED SESSION

1. Conference with Real Property Negotiator. To meet with Eric Uranga and Frances Reisner, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 098-0289-021-00. The City negotiators may negotiate with Andrea Osgood on behalf of Eden Housing. The instructions will concern price and terms of payment.

2. Conference with Real Property Negotiator. To meet with Eric Uranga, City negotiator pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange or lease of real property at 2038 First Street (APN Number 097-0001-022-00) and 2044 First Street (APN Number 097-0001-030-00). The City negotiator may negotiate with Kathleen Bireley and Thomas Chance, owner representatives. The instructions will concern price and terms of payment.

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SUMMER READING PROGRAM AWARDS 6:30 PM

Mayor Marchand called the meeting to order at 6:30 pm. Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Bob Coomber and Steven Spedowfski were present. CM Robert W. Carling was absent/excused. Library Director Tamera LeBeau presented the Summer Reading Program awards.

________________________________________________________________ REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:19 pm, 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 Bob Coomber, and Steven Spedowfski. CM Carling 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 supporting The Chinese American World War II Veterans Congressional Gold Medal Act.

Mayor Marchand presented the proclamation to Sue and Steven Chan.

2.02 Proclamation recognizing Sarah Coulson and Gabriella Smith as Livermore Heroes.

Mayor Marchand presented the proclamation to Gabriella Smith and Mary Coulson.

2.03 Presentation of Certificate of Congratulations to Marquez Arnold for achieving the world record for the most double full twists in one minute.

Mr. Arnold was unable to attend the meeting; Mayor Marchand spoke regarding his accomplishment and said the item would be rescheduled.

3.

CITIZENS FORUM

John Stein, Livermore, spoke regarding early placement of campaign signs and suggested ideas for landscaping at the former Lucky supermarket site and Downtown trellises.

Darcie Kent, Livermore, expressed appreciation for the City Council's efforts and leadership; she announced an informational meeting regarding the Downtown plan at Darcie Kent Vineyards on October 6th.

Kailyn Kent, Livermore, spoke in support of the Downtown plan, saying it honored the arts and Livermore's heritage while including affordable housing.

David Kent, Livermore, supported the Downtown plan and spoke against the referendum, saying the signature gatherers were misrepresenting the plan.

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore and encouraged attendance at the community needs assessment workshop on October 17, 2018.

Jacob Anderson, Livermore, spoke regarding misleading information from petitioners gathering signatures for the referendum.

Evan Branning, Livermore, supported the Downtown plan and opposed the related referendum; he played an audio recording of a signature gatherer giving misinformation to a potential signer.

Drea Burbank, Livermore, spoke regarding an article she had written about small modular reactors.

Jeff Kaskey, Livermore, supported the referendum as a tool for direct democracy. He agreed with written comments calling for heritage and science in the Downtown.

Connie Kopps, Livermore, expressed concerns regarding temporary landscaping in her neighborhood; and spoke regarding housing Downtown and obtaining information from governmental agencies.

Jean King, Livermore, expressed concerns regarding traffic in the Downtown plan as impacted by the hotel location. She said outreach program participants had not seen the unified plan, which is the purpose of the referendum.

David Rounds, Friends of Livermore Committee, supported the referendum effort. He said the paid professional signature gatherers were used due to the referendum timeline.

Herb Goss, Livermore, spoke about his dog being taken by animal control and the cost to get his dog back.

Brent Siler, Livermore, spoke regarding the sound wall by I-580 and requested information be shared about the timing and who would be responsible for it.

William Dunlop, Livermore, expressed concerns relating to future growth and parking in the Downtown, saying the current plan did not address the problem.

Sally Dunlop, Livermore, spoke regarding the lack of a restaurant and spa at the hotel; traffic congestion; and inadequate parking near the Bankhead Theater.

Karl Wente, Livermore, spoke regarding good government and the Downtown plan.

CM Spedowfski noted that the Council often addressed comments raised during Citizens Forum later in the meeting during Matters Initiated; he suggested attendees stay to hear the outcome.

The City Council discussed the most recent petition that had circulated in Livermore, noting that 170 resident volunteer circulators had been involved rather than paid circulators.

4.

CONSENT CALENDAR

Items 4.04 and 4.08 were removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM COOMBER, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.04 AND 4.08.

Item 4.04 Brent Siler, Livermore, spoke regarding cameras in the recycle containers and suggested alternatives such as enforcement of trash separation rules and fining non-compliant restaurants.

In response to questions by Mayor Marchand, City Manager Marc Roberts described efforts to enforce trash separation, noting requirements of state law and not penalizing compliant businesses who shared receptacles with offenders.

ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.04.

Mayor Marchand invited public comment on Item 4.08.

John Bost, Holy Cross Lutheran Church, spoke regarding the homeless refuge program and the need for a single location for services.

Heather Greaux, Open Heart Kitchen, supported the Vineyard project, a permanent commercial kitchen, and coordinating services under one roof.

Karl Wente, Livermore, spoke about solutions to the community's needs and supported the Vineyard project.

Connie Kopps, Livermore, spoke about expanding the footprint of Stockmen's Park.

Greg Scott, Livermore, spoke about drug abuse in the homeless community and the homeless who would not utilize the project's services.

In response to questions by Mayor Marchand, Human Services Manager Claudia Young described wraparound services as food, health, and all other services needed to help people move forward and keep their housing.

ON THE MOTION OF VM WOERNER, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.08.

4.01 Approval of draft minutes - September 10, 2018 regular City Council meeting.

4.02 Adoption of an ordinance 2075 amending Municipal Code Chapter 1.28, Conflict of Interest Code.

4.03 Adoption of an ordinance 2076 levying special taxes within Community Facilities District No. 2018-1 (Auburn Grove Maintenance).

4.04 Resolution 2018-161 extending Livermore Sanitation Inc.'s temporary disposal of organic materials from front-load bin commercial customers until April 1, 2019.

4.05 Resolution 2018-158 authorizing execution of a fifty year lease agreement with Livermore Amador Valley Transit Authority to occupy a portion of the Railroad Depot located at 2500 Railroad Avenue.

4.06 Resolution 2018-159 authorizing execution of an agreement with Pacific Infrastructure Corp., in the amount of $847,000, for construction of the Water Reclamation Plant Hypochlorite Mixing Structure Replacement, Project No. 2012-13.

4.07 Resolution 2018-160 authorizing execution of an agreement with Hess Construction Co., Inc., in the amount of $886,130, for construction of the Storm Drain Trash Capture, Project No. 2010-30.

4.08 Resolution 2018-162 appropriating up to $2,650,000 of City Affordable Housing Trust Funds to Tri Valley BMR, LLC for the acquisition of the property located at 460 North Livermore Avenue and to pay for additional predevelopment costs; and authorizing execution of the Second Amendment to the Predevelopment Loan Agreement, Affordable Housing Loan Agreement, Regulatory Agreement, and all other related documents.

5.

PUBLIC HEARINGS 5.01 Hearing to consider General Plan Amendment 18-005 to amend Section VI. Emergency and Disaster Preparedness of the Public Safety Element of the Livermore General Plan to include a new goal, objectives and policies relating to and supporting the Tri-Valley Hazard Mitigation Plan. The goal, objectives and policies address natural hazard mitigation and protecting people, property and the environment from natural hazards.

. Location: Citywide . Site Area: Not applicable

. Applicant: City of Livermore

. Application Number: General Plan Amendment (GPA) 18-005

. Public improvements: Not applicable

. Zoning: Various

. General Plan: Various

. Historic Status: Not applicable

. CEQA: An Initial Study and Negative Declaration will be considered.

Recommendation: Planning Commission and staff recommend the City Council:

1. Adopt a resolution approving General Plan Amendment (GPA) 18-005; and

2. Adopt the Negative Declaration finding that no significant adverse environmental impacts will result from the proposed project, and after approval, instruct staff to file the Notice of Determination with the Alameda County Clerk.

Principal Planner Stephen Riley presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

The City Council supported the project and thanked staff for the step forward in meeting the goal of public safety.

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

Resolution 2018-163 amending the Livermore General Plan (Second General Plan Amendment Cycle of 2018); General Plan Amendment 18-005.

5.02 Hearing to consider the Fiscal Year 2017-2018 Consolidated Annual Performance Evaluation Report for Community Development Block Grant and HOME Investment Partnership Program.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing submission of the Fiscal Year 2017-2018 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 Manager Claudia Young presented the staff report. Mayor Marchand opened the public hearing.

Greg Scott, Livermore, suggested a secured parking lot as a cheaper solution to homelessness; he said giving attention to people with problematic street behavior was ineffective.

There were no more speakers and the hearing was closed.

In response to questions by the City Council, Ms. Young explained that the U.S. Department of Housing and Urban Development (HUD) determined how money was spent, saying that Axis Health Care, Hagemann Farms, and ECHO Housing were eligible expenses.

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

Resolution 2018-164 approving Fiscal Year 2017-2018 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant program and HOME Investment Partnership Program.

5.03 Hearing to consider actions relating to the approval of disposition, development and loan documents for the Chestnut Square development project located at 1635 Chestnut Street (217 North N and 1635 - 1763 Chestnut Street).

Recommendation: Staff recommended the City Council adopt a resolution approving:

1. The Third Amendment to the July 27, 2015 Disposition, Development and Loan Agreement with MidPen Housing Corporation for the 4.31-acre Chestnut Square housing site located at 1635 Chestnut Street (217 North N and 1635-1763 Chestnut Street);

2. Assignment of Promissory Note and Deed of Trust with Assignment of Rents by MidPen Housing Corporation and Warmington Residential California, Inc., in substantial form;

3. Affordable Housing Loan Agreement with Chestnut Square Family Associates, L.P. in an amount not to exceed $5,315,292;

4. Sale of the market rate townhouse parcel (APN 098-249-04-00) to MidPen Housing Corporation for $3,300,000 and authoring execution of the Grant Deed and related documents; and

5. Authorizing execution of all related documents necessary to carry out the terms of the agreements.

Housing Program Manager Frances Reisner presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

CM Coomber expressed appreciation for the project moving forward quickly.

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 2018-165 approving a third amendment to the Disposition, Development, and Loan Agreement (DDLA) with Midpen Housing Corporation, transfer of the property located approximately at 217 North N Street to Midpen Housing Corporation, and loan agreements relating to the development and acquisition of the property; and authorizing execution and all related documents.

THE CITY COUNCIL RECESSED FROM 9:09 PM - 9:19 PM.

5.04 Hearing to consider approving a Disposition, Development and Loan Agreement with Eden Housing Inc., including a predevelopment loan in the amount of $500,000, for the development of the Downtown Multi-family Housing Site (located approximately at Railroad Avenue and L Street, a portion of APN 098-0289-021-00) and an Amendment to the Notice of Affordability Restriction on the Transfer of Property and Declaration of Covenants.

Recommendation: Staff recommended the City Council: 1. Adopt a resolution authorizing execution of a Disposition, Development and Loan Agreement with Eden Housing, Inc. for development of the Downtown Multi-family Housing Site and all related documents; and

2. Adopt a resolution authorizing execution of an Amendment to the Notice of Affordability Restriction on the Transfer of Property and Declaration of Covenants and Restrictions to change the occupancy requirements imposed on the property as a condition of State funding from affordable ownership to rental housing.

MAYOR MARCHAND RESCHEDULED ITEM 5.04 TO THE OCTOBER 8, 2018 CITY COUNCIL MEETING.

5.05 Hearing to consider 1) Downtown Concept Plan Landscape Design Guidelines for streetscapes, pedestrian connections, parks, plazas and other public spaces identified within the approximately 8.2 acres Downtown Concept Plan area; and 2) consideration of a park design elements for an approximately 1.5-acre public park (Stockmen's Park) located on the west side of South Livermore Avenue between First Street and Railroad Avenue. The project includes landscaping, hardscape, pedestrian walkways, interactive art and play structures, seating, and other furnishings.

. Location: 1) Design Guidelines - Area generally bounded by North L Street, First Street, the Bankhead Theater Plaza, and Railroad Avenue 2) Park Site - West side of South Livermore Avenue, between First Street to the south and Railroad Avenue to the north

. Site Area: 1) Design Guidelines - 8.2± acres 2) Park Site - 1.5± acres

. Applicant: City of Livermore . Application Numbers: 1) Policy Proposal Implementation (POLI) 18-002; and 2) Downtown Design Review (DDR) 18-005

. Public improvements: The entire project as described above is a public improvement.

. Zoning: Downtown Specific Plan (DSP) - Downtown Core

. General Plan: Downtown Area (DA)

. Historic Status: None

. CEQA: Recommend finding the environmental impacts of the project were analyzed by, and the project is consistent with, the 2018 Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution approving the Downtown Core Landscape Design Guidelines (POLI18-002);

2. Adopt a resolution approving Stockmen's Park Design and direct staff to proceed with preparation of plans, specification, and estimates for the construction of Stockmen's Park; and

3. Direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act.

Associate Planner Andy Ross presented the staff report. Consultants Lief McKay and Gina Chavez representing RRM Design Group were available for questions.

In response to questions by CM Coomber, Ms. Chavez described the project's drought tolerant trees and shrubbery.

CM Spedowfski reiterated the need for drought tolerant landscape and complimented the project's design; he said people could not take the benefits of the Stockmen's offer without respecting their wishes regarding the park.

Mayor Marchand opened the public hearing.

Don Staysa, Director and past President of Livermore Stockmen's Rodeo Association, spoke regarding the history and pride of the Stockmen and veterans; he supported the park plan.

Maryann Brent, Friends of Livermore, said she supported Stockmen's Park and invited the Stockmen to meet with the Friends of Livermore group. She asked the City to consider the referendum before considering the plan.

David Rounds, Livermore, supported both Stockmen's Park and the referendum. He apologized to the Stockmen's Association for their being drawn into the issue; saying referendum was the only recourse.

Jean King, Livermore, expressed support for the Stockmen and Stockmen's Park, and said she would like more of a public park with playgrounds, benches and tables, and open space on the west side.

Richard Ryon, Livermore, said the referendum was on only parts of the City approved plan; he suggested waiting for the petitions before approving the item and said the plan was lacking native vegetation.

Monya Lane, Science and Society Center, read comments on behalf of David Runyon supporting the park design and encouraging greater integration of science into the park.

Doug Mann, Livermore, spoke regarding the difference between an initiative and a referendum; he suggested putting energy into building the affordable housing on Pacific Avenue quickly.

Denise Ledder, Livermore, supported Stockmen's Park and a large green open space; she asked Council to hold off on details for now.

Karl Wente, Livermore, supported the plan and spoke regarding celebrating Livermore's culture and history; he spoke regarding the Stockmen's letter printed in The Independent.

Dawn Argula, Livermore Valley Chamber of Commerce, affirmed the Chamber's support for the Downtown plan, including Stockmen's Park, and spoke regarding the economic success of the project.

Nancy Mulligan, Livermore, supported Stockmen's Park and suggested incorporating more trees, shade, and green space into the project.

Jacob Anderson, Livermore, supported Stockmen's Park, saying it connected future residents to Livermore's past.

Evan Branning, Livermore, expressed appreciation for Mr. Anderson's comments and supported the plan; he said the apology made by an earlier speaker was not an apology.

Trish Munro, Livermore, supported the plan and spoke regarding good faith collaboration that had made the plan happen; she said the referendum was legal but not good for the City.

There were no more speakers and the hearing was closed.

CM Spedowfski expressed an apology to the Stockmen's Association regarding the negativity and the late offer by Friends of Livermore to meet; he said there was a sense of frustration from trying to invite people to the table when their response was advertisements in the newspaper; and said he supported the plan.

CM Coomber expressed support for Stockmen's Park, the 130 units of housing on the west side of the Downtown plan, and keeping the plan moving forward. He spoke regarding the many public meetings, saying everything in the project had been downsized and would include a beautiful park; he spoke regarding the cost for a special election due to the referendum.

VM Woerner acknowledged the efforts of those that had come together on the plan; he said it sounded like everyone liked the park and he encouraged a vote to get the project done.

VM Woerner suggested staff identify ways to get the project done more quickly than planned, such as exploring additional parking through renting land to build faster. He said when the statue was built, the model should be given to the Stockmen's Association.

Mayor Marchand said the park was beautiful because groups of people whose paths might never have crossed had worked together. He liked incorporation of science details throughout the park. In regards to comments about native plants, he said people had wanted grass where children could play and people could gather. He spoke regarding meeting the community's competing priorities; saying the Council had accomplished the priorities they heard during the outreach. He apologized for his earlier misstatement regarding initiative versus referendum.

ON THE MOTION OF VM WOERNER, SECONDED BY MAYOR MARCHAND AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS WITH ADDITIONAL INSTRUCTION TO COMPLETE THE PROJECT AS QUICKLY AS POSSIBLE AND TO GIVE THE STATUE MODEL TO THE STOCKMEN'S ASSOCIATION:

Resolution 2018-166 approving Policy Proposal Implementation 18-002.

Resolution 2018-167 approving Downtown Design Review 18-005.

6. MATTERS FOR CONSIDERATION - NONE.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Livermore Little League US Champions Celebration CM Coomber said he attended the event in Downtown earlier in September.

Wheels Board Meeting CM Spedowfski said he attended the September meeting.

Signature Verification of Referendum Petition Due to evidence of misleading statements from for-hire signature gatherers for the referendum petition, CM Spedowfski requested and received consensus from the Council to send a letter to the Alameda County Registrar of Voters requesting every signature on the petition be verified.

Code of Fair Campaign Practices CM Spedowfski requested and received consensus from the Council for staff to develop a voluntary document, similar to the Code of Fair Campaign Practices, for political action committees or groups circulating a referendum to sign. VM Woerner suggested that the document also request that petition-circulators submit a copy of their initiative script for fact checking to prevent misstatements.

Fair Political Practices Commission Investigation CM Spedowfski requested and received consensus from the Council for a memo from the City Attorney regarding the status of the Fair Political Practices Commission's investigation into the Friends of Livermore campaign committee activity in 2016.

Intergovernmental meeting VM Woerner said he attended the meeting on September 20, 2018, where there was an update on a mapping project that could be used by the community and the local agencies.

I-580 Sound Wall In response to comments made by Brent Siler during public comment, VM Woerner inquired regarding the status of the sound wall along I-580. City Manager Marc Roberts confirmed that the item would be before the Council on October 8, 2018.

Homelessness Survey VM Woerner suggested conducting another survey of homelessness in Livermore and asked staff to provide a report back on conducting another survey or placing it on a future agenda.

Chamber of Commerce Mayor Marchand said he attended the business alliance meeting where there was information regarding SB1 and Proposition 6.

Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the I-580 committee meeting; reporting that toll lanes and HOV lanes were working and 30% more traffic was moving through the corridor than before.

Planning, Policy, and Legislative Committee Meeting Mayor Marchand said he attended the meeting; there was a report on county-wide road conditions.

Alameda County Democratic Committee Mayor Marchand reported that he spoke to the Democratic Committee on September 5th and 15th regarding their endorsement of Measure U and the anticipated impact on the Livermore community.

8.

ADJOURNMENT - at 10:48 pm, in honor and memory of Livermore Police Department K9 Fin, a wonderful ambassador that served Livermore, to a regular City Council meeting on Monday, October 8, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

PREPARED BY:

JEAN BELL, DEPUTY CITY CLERK

ATTESET:

SARAH BUNTING, CITY CLERK