September 28, 2015

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SUMMER READING PROGRAM AWARDS PRESENTATION

6:30 PM

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Mayor Marchand called the meeting to order at 6:34 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/ROLL CALL - The meeting of the City Council was called to order by Mayor John Marchand at 7:21 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS PLEDGE OF ALLEGIANCE/ROLL CALL

2.01 Introduction - Senator Steve Glazer, 7th Senate District.

Senator Steve Glazer presented an overview of his first 100 days in office and an update on legislative actions.

Mayor Marchand reordered the agenda. He said Item 5.01 would be continued to a date to be determined; Items 6.03 and 6.04 would be combined and heard before Item 6.02.

3. CITIZENS FORUM CITIZENS FORUM

Ken Bradley, Livermore, spoke regarding the Citys residency reports.

Neal Krug, Livermore, spoke in support of the residential recycled water program and submitted a petition opposing the end to the program on September 30, 2015.

Bill Wylie, Livermore, spoke in support of the residential recycled water program.

John Shirley, Livermore, spoke in support of the Springtown Golf Course.

Cody Morgan, spoke in support of medicinal marijuana.

Bruce Anderson, Livermore, spoke in support of the residential recycled water program.

Gail Travers, Livermore, spoke in support of the preservation of the Springtown Golf Course.

Don Meeker, Livermore, spoke regarding Ordinance No. 7, adopted in 1876, regarding political correctness.

Connie Kopps, Livermore, spoke regarding the Springtown Golf Course.

Stacey Swanson, Livermore, spoke regarding the Springtown Golf Course and the importance of maintaining open space.

John Stein, Livermore, spoke regarding the proposed I-580 Isabel BART station surrounding development and the value of community input.

In response to questions by Mayor Marchand, Public Works Director Darren Greenwood said the diversion structure at Springtown Golf Course was temporary and installed each year. The operators of Springtown Golf Course purchased raw, untreated water from Zone 7 which was the cheapest water to buy. He said there was a year when the operators of the golf course did not install the diversion structure in time and were forced to purchase expensive potable water from the City. He said over 5 million gallons of recycled water had been given away through the residential recycled water program. He said the City had conserved over 500 million gallons in 2015. He said by comparison, the amount of water hauled away as part of the residential recycled water program was very small in comparison to the amount of water supply. He said the decision to end the program September 30, 2015, was based on the days getting shorter and cooler.

4. CONSENT CALENDAR CONSENT CALENDAR

Item 4.02 Patrick Toohey, Lafferty Communities, said there was confusion in the resolution language and requested the Council remove this item for clarification and discussion pertaining to the secondary emergency vehicle access and additional pedestrian access required in the resolution.

CM Gary said he was very explicit with direction to include a secondary access over the creek next to the elementary school and specifically called out twelve foot minimum width access over the creek. He added that CM Spedowfski was concerned about the walking path to the bus station that co-joined to the school site.

CM Spedowfski added clarification that there was not an area in the city with one vehicle access in and out and Council wanted the second access.

Item 4.02 Connie Kopps, Livermore, said she wanted the resolution pulled to include the project located at Larkspur and Bluebell.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said the project Ms. Kopps was referring to was not related to the resolution being considered.

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

4.01 Adoption of Ordinance 2029 dissolving El Charro Community Facilities District 2009-01 Improvement Area Number 4.

4.02 Resolution 2015-127 to affirm the City Council determination that Site Plan Design Review 13-005, Vesting Tentative Tract Map 8094 (Subdivision 13-001), and Planned Development Residential 13-001 are not consistent with the General Plan, and directing the project be returned to Planning Commission and City staff to work with the applicant to revise the project. (Garaventa Hills - September 14, 2015 City Council meeting)

4.03 Resolution 2015-128 authorizing the execution of an agreement with Hello Housing for Below Market Rate Inclusionary Housing Program and First Time Homebuyer Services Administration, and appropriating $57,805 in Fiscal Year 2015-2016 and $92,757 in Fiscal Year 2016-2017 from the Housing Trust Fund for said services.

4.04 Resolution 2015-129 in support of amending the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational and governmental channels, to preserve support of such channels and for other purposes.

4.05 Resolution 2015-130 authorizing execution of a Sales Tax Reimbursement Agreement in the amount of $21,707 with JAM Services, Inc. and appropriation of funds.

4.06 Resolution 2015-131 accepting for permanent maintenance and releasing of security for the Centralized Irrigation System, Project No. 1994-73.

4.07 Resolution 2015-132 authorizing the issuance of a purchase order to Ray Morgan Company, in an amount not to exceed $275,000, for twenty-nine replacement copiers located in various City facilities; and authorizing execution of a five-year general services agreement with Ray Morgan Company, in an amount not to exceed $240,000, for maintenance, supplies and software relating to the copiers.

4.08 Resolution 2015-133 authorizing execution of an agreement in the amount of $511,830 with Kayuga Solution for the development of an asset management program for the City's non-enterprise funded assets.

5. PUBLIC HEARINGS PUBLIC HEARINGS

5.01 Hearing to consider an economic development subsidy to The Shoppes at Livermore, LLC for an El Charro Specific Plan Infrastructure Loan and a Sales Tax Reimbursement Agreement pursuant to the City Economic Incentive program.

Recommendation: Staff recommended the City Council continue this item to the October 12, 2015 City Council meeting.

THE CITY COUNCIL CONTINUED THE ITEM TO A DATE TO BE DETERMINED.

5.02 Hearing to consider protests and confirmation of assessments for the 2013-2015 Sidewalk Repair Program, Project No. 2014-02. This item was continued from the September 14, 2015, City Council meeting.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution amending the City's Sidewalk Repair Program; and

2. Adopt a resolution overruling protests and confirm placement of assessments for unpaid sidewalk repair as of October 5, 2015 on the County tax roll.

Traffic Engineer Carlo Sendaydiego presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2015-134 amending the Citys sidewalk repair program.

Resolution 2015-135 overruling protests and confirming assessments for sidewalk repairs; 2013-2015 Sidewalk Repair Program, Project No. 2014-02.

5.03 Hearing to consider the Fiscal Year 2014-2015 City of Livermores Community Development Block Grant Consolidated Annual Performance Report to be submitted to the United States Department of Housing and Urban Development.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing submission of the Fiscal Year 2014-2015 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 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 VM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-136 approving Fiscal Year 2014-2015 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and HOME Investment Partnership Program.

6. MATTERS FOR CONSIDERATION MATTERS FOR CONSIDERATION

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

MAYOR MARCHAND REORDERED THE AGENDA AND SAID ITEMS 6.03 AND 6.04 WOULD BE CONSIDERED CONCURRENTLY.

6.03 Discussion and direction regarding amending the role and procedures for the Commission for the Arts and amending the Commission for the Arts Rules of Procedure.

Recommendation: Staff recommended the City Council introduce an ordinance amending Chapters 2.43 and 12.51 of the Livermore Municipal Code and adopt a resolution amending the Commission for the Arts Rules of Procedure.

6.04 Discussion and direction regarding the Art in Public Places Program Policy and Procedures Manual.

Recommendation: Staff recommended the City Council adopt a resolution amending the Art in Public Places Program Policy and Procedures Manual.

Assistant Community and Economic Development Director Eric Uranga presented the staff reports.

In response to VM Turners questions, Mr. Uranga said there were several members on the Commission for the Arts (Commission) that were members of several arts organizations and eliminating them entirely from membership on the Commission would be overly restrictive. He said members with leadership roles had more influence and that was how staff established the separation. He said the suggested changes were to remove the perception of conflicts of interest.

VM Turner said she supported consolidation of the grant approval process. In response to questions by VM Turner, Mr. Uranga said the majority of the applications had been approved; over the years there had only been a few applications that had not been approved.

In response to questions by Mayor Marchand, Mr. Uranga said with the proposed changes, the art fee review would become a separate process and the sunset provision would be removed. He said there had been several discussions about the method of communications between the Commission and the Council.

CM Woerner said it seemed that if the majority of the applications were being approved, then either there was too much money or not enough good ideas being presented. He said there needed to be a method of determining the success of the program.

In response to comments made by CM Woerner, City Manager Marc Roberts said the intent of the changes in the ordinance was to facilitate the long term vision of the Council for goals and how to measure successes. He said the annual funding priorities would be consistent with the long term vision and would assist in meeting those goals. He said the steps outlined would help with the overall vision, identifying successes and providing feedback to the Commission in updating the five year plan.

Mayor Marchand invited public comment.

Cher Wollard, Livermore, Commissioner, Commission for the Arts, said she did not agree with some of the recommendations made by staff. She said the reduction of monthly meetings to quarterly meetings would not allow sufficient time to accomplish their work. She spoke regarding updates to the Policy and Procedures manual and said she did not want the Commission to evolve into a foundation.

Lynn Seppala, Livermore, said it seemed the proposed changes had been in the works for almost a year. He said approval of the changes would drastically change the Commission with minimal public input. He said the commissioners, the Livermore Cultural Arts Council, and the public should have the opportunity to discuss the proposed changes with Council and staff.

Kathy Streeter, Livermore, Commissioner, Commission for the Arts, spoke regarding the process of obtaining applications for mini-grants. She said the Commission had been inhibited by rules and regulations. She said the Commission had no advance knowledge of the proposed changes that appeared to have been in the process for several months. She spoke of maintaining the membership of nine commissioners; quarterly meetings would not allow enough time to accomplish their duties; membership restrictions would limit effectiveness because of perceptions of a possible conflict of interest. She said these items should be continued to a future meeting to allow more time for review, discussion, and possible amendments.

Jean King, Livermore, said the process for reorganization of the Commission was not the best. She spoke in support of maintaining the membership at nine; keeping the monthly meetings; the importance of involving the youth in the arts; and expressed concern about the recommendation that a commissioner could not serve on the board of other arts associations.

Charles Hartwig, Livermore, Chairperson, Commission for the Arts, spoke regarding the Cultural Arts District map and the ranking process for proposals. He supported maintaining the current membership of nine and meeting monthly and expressed concern about the recommendation that a commissioner could not serve on the board of other arts associations.

Walter Davies, Livermore, said he was a founding member of the Commission and had served for nine years. He said the staff recommendation being considered was premature and incomplete. He said restricting a commissioner from serving on other arts boards would severely limit the commissioners effectiveness.

Sally Dunlop, Livermore, spoke in support of maintaining the membership at nine, monthly meetings, and outreach in the public schools.

There were no more speakers.

In response to questions by CM Spedowfski, Assistant Community and Economic Development Director Eric Uranga said the quorum would be reduced to four, the original Commission had one representative from the school district and one from the park district, and the quarterly meetings were suggested based upon the amount of time to process grant applications. He said the Commission could schedule special meetings on an as-needed basis. He said commissioners and staff would promote the application process, not commissioners promoting specific projects by encouraging applications for grants. He clarified the requirements as a condition of appointment to the Commission were that persons who held board or officer positions on art groups that apply for art funds from the City would not be eligible to join the Commission. Non-officer members, persons not on the board, and performers would still be eligible to be Commission members. City Attorney Jason Alcala verified that the term was officer or board position, not membership position.

CM Woerner said there were two fundamental problems; there might not be enough good ideas generated compared to the budget and the inability to recruit enough good members to the Commission. He said the proposed changes were not necessarily trying to solve those two problems.

In response to questions by CM Woerner, City Manager Marc Roberts said the largest problem was the Commission was tasked with two incompatible activities; the activity to generate, encourage, inform and excite and create applications, and then the job to review, rank, and fund those applications. He said that was the conflict. He said both activities were important but need to be unleashed. He said approval of staff recommendations would change the Commission to a group that received applications, ranked, set policy direction for Council to review and approve and implement those policies. The Commission would no longer be tasked to generate, encourage, and inform and excite and create applications.

CM Gary said this issue was important to resolve; however, needed to be further reviewed. He said the current Commissioners and LCAC should work together to clearly identify the roles of who does what. He identified the Human Services Commission and Livermore Downtown Inc. as two models of successful outreach and implementation. He said he would support a small stipend to LCAC to do outreach and communicate with the school district. He said if a commissioner was a board member on another organization who was fostering a grant, there would always be the perception of a conflict of interest.

CM Woerner agreed with CM Garys comments that there needed to be a separation, saying that fundamentally, enough good ideas were being generated. He supported reviewing the proposed changes in a more collaborative way.

VM Turner was in agreement. She was bothered by missing the fundamental initial purpose of the commission, saying there needed to be something clearly defined. She said there needed to be a facilitated process.

Mayor Marchand said there needed to be a continued, collaborative effort to resolve both matters. He said he wanted to discuss with the commissioners and with the LCAC.

THE CITY COUNCIL TABLED THE ITEMS TO THE REGULAR CITY COUNCIL MEETING OF JANUARY 11, 2016.

6.02 Public opinion survey on Tri-Valley water supply options including advanced water recycling.

Recommendation: Staff recommended the City Council adopt a resolution approving City participation with partnering agencies in a Tri-Valley public opinion survey on water supply options including advanced water recycling.

Public Works Director Darren Greenwood presented the staff report.

In response to questions by CM Gary, Mr. Greenwood said indirect potable reuse of recycled water treated the water to a higher level; basically, to a drinking water level and beyond.

CM Gary said staff should be as transparent as possible and minimize the use of technical terms so the community understood the seriousness of the situation if the drought persisted. He said he would like to see the survey, along with background and an explanation, prior to it being sent out to the community.

CM Woerner agreed that the survey and related information should be very forthright.

CM Spedowfski said the public should be made aware that this was not the first instance of water supply options including indirect potable reuse of recycled water.

Mayor Marchand said the project needed to be clearly defined so the public fully understood.

Mayor Marchand invited public comment.

John Stein, Livermore, said there needed to be a long term commitment to the project, understanding that it is expensive and is not a quick fix. He spoke regarding the State Water Project and the need to focus on local sourcing.

Connie Kopps, Livermore, offered several suggestions on getting the information out to the public regarding the reuse of recycled water.

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

Resolution 2015-137 endorsing participating in conducting a public opinion survey regarding water supply options and approving the cost of the survey to be shared equally between the five participating agencies.

6.05 Discussion and direction regarding pending State or Federal legislation. None.

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

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on September 22, 2015, he attended the finance committee meeting where the annual treasurers report was received and audit process began.

Tri Valley City Councils CM Spedowfski said he attended the meeting on September 23, 2015. He said there was review of an upcoming proposed storm water municipal regional permit.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on September 28, 2015, he attended the Projects and Services Committee meeting; there was a survey regarding the comprehensive services analysis available online at www.wheelsforward.com.

Livermore Downtown Inc. CM Gary said he attended the board meeting on September 15, 2015.

Oversight Board CM Gary said on September 16, 2015, he attended the meeting, reporting that the State continued to delay actions on certain parcels on the Long Range Property Management Plan.

Intergovernmental Committee CM Gary said on September 17, 2015, he attended the quarterly meeting with the School District and Livermore Area Recreation and Park District. He said there was discussion regarding multi-agency planning for future growth of playing fields within the Urban Grown Boundaries.

Tri-Valley City Councils Meeting CM Gary said on September 23, 2015, he attended the meeting where regional water quality was discussed.

City Manager Briefing CM Gary said he attended the City Managers presentation regarding the Downtown development RFPs and the past, present, and future of the Downtown. He recommended doing a similar presentation to other civic groups.

CM Woerner had no report.

Storefront Safety Improvements CM Woerner requested and received support from the Council to receive information regarding context and options for storefront safety improvements to prevent vehicular accidents.

Report of Residential Building Record In response to questions by CM Woerner pertaining to comments made by Mr. Bradley during Citizens Forum, City Manager Marc Roberts said the report was intended to give potential homeowners information regarding permits; while the records were public records, the report was a comprehensive document provided as an information service. He said the City was beginning to explore modifications to records systems to answer those kinds of requests online. Community and Economic Development Director Stephan Kiefer said homebuyers were generally in favor of the report.

Springtown Golf Course In response to questions by CM Woerner, City Manager Marc Roberts said the survey question and public information components were fairly straightforward. He said staff believed there was a possibility of the City Council directing staff to explore open space options other than golf if no operator could be obtained or there was no support of an assessment district; if that were the case, there would be a longer and more expansive public process.

Silicon Valley Mayors Contingent VM Turner spoke regarding her visit to China, reporting that she attended many meetings and that a group of mayors would be visiting soon. She spoke regarding the potential for the establishment of a sister city relationship between the Tri-Valley region and a similar region in China.

Teen Advisory Board Mayor Marchand said on September 16, 2015, he spoke to the Livermore Public Librarys Teen Advisory Board regarding local government.

Poverty Awareness Subcommittee Mayor Marchand said on September 17, 2015, he attended the meeting where there was discussion regarding changing the subcommittee name.

Department of Transportation Forum and Symposium Mayor Marchand said on September 18, 2015, he attended the event on traffic and promoted Livermore as the lynchpin between mega-regions.

Tri-Valley City Councils Meeting Mayor Marchand said on September 23, 2015, he attended the meeting where there was discussion on a municipal regional plan, and updates on Plan Bay Area and the proposed takeover of the Association of Bay Area Governments by the Metropolitan Transportation Commission.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on September 24, 2015, he attended the meeting where there was a legislative update.

Transportation and Innovation Forum Mayor Marchand said on September 24, 2015, he attended the event sponsored by the Chamber of Commerce.

iGate Mayor Marchand said he attended the meeting on September 24, 2015, where they voted to dissolve the development corporation and move it into the nest along with the assets.

Get Your Business Online Mayor Marchand said on September 26, 2015, he spoke at the program sponsored by Google to encourage local businesses to get online.

Sister City Mayor Marchand said on September 24, 2015, he spoke to the Yotsukaido sister city organization and to seventh graders heading to Yotsukaido later in the week.

8. ADJOURNMENT

ADJOURNMENT - at 10:27 pm to a regular City Council meeting on Monday, October 12, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.