September 25, 2017

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SUMMER READING PROGRAM AWARDS PRESENTATION

6:30 PM

Mayor Marchand called the meeting to order at 6:30 pm. All members of the City Council were present. Library Director Tamera LeBeau presented the Summer Reading Program awards.

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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 7:18 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS - NONE.

3. CITIZENS FORUM

John Stein, Livermore, suggested the City conduct workshops to discuss future annexations of County parcels. He said the workshops should be conducted with the founders of the North Livermore and South Livermore Valley plans.

David McGuigan, Livermore, continued his remarks regarding Livermore Police and the Mayor.

David Williams, Livermore, spoke regarding various issues including the downtown hotel, a change in the composition of the Council, traffic and BART to Livermore.

Kevin Kohn, Livermore, spoke regarding the needs of the Livermore Little League.

Holly Roberts, Tiny Tyks, Livermore, spoke regarding on-going issues with the homeless at Carnegie Park and the negative effect it was having on her business.

4. CONSENT CALENDAR

ON THE MOTION OF CM CARLING SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.07, REMOVED FOR SEPARATE ACTION.

4.01 Adoption of Ordinance 2060 adding Chapter 15.38 to provide an expedited, streamlined permitting process for electric vehicle charging stations.

4.02 Resolution 2017-153 authorizing execution of an agreement with Andy's Roofing Company, Inc. in the amount of $71,914, for construction of the Roof Replacement Project at 141-149 N. Livermore Avenue. Project Number 2016-23

4.03 Resolution 2017-154 authorizing the City Manager to sign the Second Amendment to the Emergency Medical Services First Responder Advanced Life Support Services Agreement between the City of Livermore and Alameda County.

4.04 Resolution 2017-155 authorizing appropriation of general funds to the 2017 Storm Damage Repairs Project and execution of Change Orders up to $650,000 for the construction contract with Innovative Construction Solutions. Project No. 2017-25.

4.05 Resolution 2017-156 and Resolution 2017-157 authorizing execution of the First Amendments to the Subdivision Improvement Agreements for Tract 8121 and Subdivision Improvement Agreement for Tract 8216, Shea Sage. Location: Portola Avenue

4.06 Resolution 2017-158 authorizing execution of the Subdivision Improvement Agreement, approving Tract 8343 Final Map for recording and accepting Tract Map 8343, Wayland, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Wayland Loop, Public Utility Easement, and Sidewalk Easement. Location: Sonoma Avenue and Wayland Loop

4.08 Resolution 2017-159 determining that there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.07 Resolution 2017-160 authorizing the concurrent review of General Plan Amendment (GPA16-004) with Pre-zoning and Annexation (APZ16-003), Development Agreement (DA16-001), Vesting Tentative Parcel Map 10720 (SUB 17-005), Conditional Use Permit (CUP16-012),Site Plan Design Review (SPDR16-022) Chick-fil-A. Location: 1754 North Livermore Avenue

Connie Kopps, Livermore, said she had questions on the history of the parcel, questioned the disclaimer of the City's GIS Information on the attached map, and said there should be more attention to detail to all of Livermore's transactions.

In response to questions by Mayor Marchand, Planning Manager Steve Stewart said the disclaimer on the map was to inform the public that the lines on the map were usually within one to two feet; to verify the exact lines required a survey.

Mayor Marchand confirmed that Item 4.07 was to allow concurrent consideration and was not for approval of the project.

ON THE MOTION OF CM WOERNER SECONDED BY VM SPEDOWFSKI, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.07 AND ADOPTED RESOLUTION 2017-160.

5. PUBLIC HEARINGS

5.01 Hearing to authorize negotiation of a Development Agreement to secure dedication of open space and off-site public improvements. The City Council will review the Development Agreement with all other project entitlements, including an application to annex the property into the City of Livermore, at a future date for the development of a Chick-fil-A fast food restaurant.

. Location: 1754 North Livermore Avenue (currently within unincorporated Alameda County)

. Site Area: 23± acres

. Applicant: Chick-fil-A

. Application Number: Development Agreement (DA16-001)

. Public improvements: To be determined

. Zoning: Agriculture (A) (Alameda County)

. General Plan: Open Space (OSP) (City of Livermore)

. Historic Status: None

. CEQA: Not a project as defined by CEQA per Section 21065

Recommendation: Staff recommended the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Pre-Annexation/Development Agreement (DA16-001) to be considered by the City Council at a later date concurrently with review of the following entitlements:

. General Plan Amendment (GPA16-004)

. Pre-zoning and Annexation (APZ16-003)

. Vesting Tentative Parcel Map 10720 (SUB17-005)

. Conditional Use Permit (CUP16-012)

. Site Plan Design Review (SPDR16-022)

Assistant Planner Andy Ross presented the staff report.

In response to questions by the Council, Planning Manager Steve Stewart said terms for access and maintenance to the open space would be subject to negotiation with final authorization by the City Council. He confirmed that ownership, terms, timing would be in a draft development agreement for Council review and approval.

Mayor Marchand opened the public hearing.

Connie Kopps, Livermore, said she was concerned about past agreements on that land and wanted to know full and entire history on that land.

In response to questions by Mayor Marchand, Planning Manager Steve Stewart said a more detailed discussion about the property and its background, including the General Plan, zoning, and environmental documents would be reviewed and considered by the Council. He said the property was privately owned and there had been preliminary discussion with LAFCO staff. He confirmed Zone 7 would be a stakeholder in the negotiations.

John Stein, Livermore, said it would be nice if the trail could go under Livermore Avenue rather than a grade level crossing. He said there was heavy afternoon use at the interchange and it would be nice to have a merging lane. He said the City did need more accessible open space that could be used for a school or sports park.

There were no more speakers and the hearing was closed.

CM Woerner suggested exploring the site to be used as a sports park.

CM Carling said this was a very busy intersection and said accessibility needed to be a priority.

CM Coomber said Livermore was sorely behind in open space and sports parks.

VM Spedowfski encouraged staff to explore having the trail go under Livermore Avenue but he thought it could be an expensive endeavor.

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

Resolution 2017-161 authorizing staff to proceed with negotiating terms for Pre-Annexation/Development Agreement (DA) 16-001 with Chick-fil-A

5.02 Hearing to consider the Consolidated Annual Performance Evaluation Report for Community Development Block Grant funds.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing submission of the Fiscal Year 2016-2017 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 Specialist Ty Robinson presented the staff report.

Mayor Marchand opened the public hearing.

Greg Scott, Livermore, spoke regarding the needs of the homeless in Livermore. He suggested that the City provide a location for homeless that are living in their cars.

Jane, Livermore, spoke regarding the needs of the homeless and disabled homeless.

There were no more speakers and the hearing was closed.

Mayor Marchand said funding had been cut by over 50%. He said the five shelters in the region were all located in the City of Livermore and the need was far more that any individual city could meet or provide for. He said this item was to discuss and to approve submission of the CAPER.

In response to questions by Mayor Marchand, Assistant Community Development Director Eric Uranga provided the speakers with direct contact information to the City's Human Services Manager.

CM Carling said staff should explore Mr. Scott's suggestion of a specified parking area for the homeless who live in their cars.

Mayor Marchand and the City Council expressed their concerns for the number of homeless and the difficulty of providing adequate and necessary services for them.

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

Resolution 2016-162 approving Fiscal Year 2016-2017 consolidated annual performance and evaluation report for the Community Development Block Grant Program and Home Investment Partnership Program.

6. MATTERS FOR CONSIDERATION - NONE

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

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

8. ADJOURNMENT - at 8:51 pm to a regular City Council meeting on Monday, October 9, 2017, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST: